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Agenda 11/14/2023 Item #17B (Ordinance - Amending the Golden Gate Golf Course Mixed-Use Planned Unit Development)11/14/2023 EXECUTIVE SUMMARY This item requires that Commission members provide ex -parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2022-13, the Golden Gate Golf Course Mixed-Use Planned Unit Development (MPUD), by changing the allowed multi-family use on the Residential Tourist (RT) Tract to a maximum of 215 rental units with some affordable housing and to reduce the minimum floor area per multi-family rental dwelling unit to 250 square feet on the RT Tract. The property is located on the southwest corner of Golden Gate Parkway and Collier Boulevard in Section 27, Township 49 South, Range 26 East, Collier County, Florida, consisting of +/-171.6 acres. PL20230012392 (This is a companion to Item 17.C) _____________________________________________________________________________________ OBJECTIVE: To have the Board of County Commissioners (Board or BCC) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above-referenced petition and render a decision regarding this PUD Amendment (PUDA) petition, and ensure the project is in harmony with all the applicable codes and regulations to ensure that the community's interests are maintained. CONSIDERATIONS: The Golden Gate Golf Course MPUD with ST/W-1 to ST/W-3 Overlays was approved by Ordinance No. 2022-13 on April 26, 2022, for 171.6+/- acres. The MPUD allows for a golf course, residential community facility, public use, and commercial and residential tourist uses. The property that is the subject of this petition is the 6.16+/- acre Residential Tourist Tract positioned along Golden Gate Parkway. The property address is 4100 Golden Gate Parkway. The site is developed with a 153-room Quality Inn and Suites (also known as Golden Gate Inn and Golf Club) constructed in 1977 and renovated in 2012. The hotel/motel use is no longer in operation. This request allows the facilities to be redeveloped into multifamily housing, with up to 215 rental dwelling units. The Board of County Commissioners also approved a Parking Reservation by Resolution Number 95-460, allowing for 80 off-street parking spaces to be reserved for future implementation to meet requirements made between the property owner and Collier County, dated February 17, 1989. See Attachment B for Resolution Number 95 -460. The petitioner has indicated that an amendment to these terms is being negotiated. The following affordability commitment is included in Section 4 of Exhibit F included with the draft Ordinance (Attachment A): • 22.8% (49 units) will be income- and rent-restricted, with 24 units rented to households with incomes at or below 80% of the Area Median Income (AMI) and 25 units rented to households with incomes at or below 100% of the AMI. • The remaining 166 units will not be income-restricted. They will be rent-restricted at a rent equal to or less than the rents permitted for households whose incomes are up to and including 120% of the AMI. The current maximum rental rate for a studio for households earning 120% of the median income is a maximum of $2,097/month per the Florida Housing Finance Corporation limits effective 5/15/2023. • These commitments are for 30 years from the date of the issuance of Certificate of Occupancy (CO) for the first unit. The petitioner concurred with the Planning Commission’s unanimously supported condition of approval to add a commitment to make units available to Essential Services Personnel (ESP) only for at least 90 days of the initial rental period. The petitioner also proposes an amendment to Collier County Property Maintenance Code, specifically Code of Laws Section 22-231, subsection 13, to revise the occupancy standard for dwellings from at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant, to be at least 250 square feet for two occupants. The advertised public hearing on the 17.B Packet Pg. 2081 11/14/2023 Ordinance amendment to the Collier County Property Maintenance Code is scheduled for December 12, 2023. For this development option to be considered, an amendment to the Growth Management Plan, Golden Gate City Sub-Element, Urban Designation, Urban Mixed-Use District, Government Public Services, Residential Tourist and Commercial Subdistrict is also needed. A companion Growth Management Plan Amendment (PL20230012389) is also requested for the proposed multifamily housing. FISCAL IMPACT: The PUD Amendment (PUDA) by and of itself will have no fiscal impact on Collier County. The County collects impact fees before issuing a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Additionally, to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected before building permit issuance include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Comprehensive Planning staff has reviewed the proposed amendment. The subject property is designated on the Golden Gate City Future Land Use Map and in the Golden Gate City Sub- Element as Urban, Urban Mixed-Use District, Government Public Services, Residential Tourist, and Commercial Subdistrict. The subject property is intended to develop residential tourist uses consistent with the permitted and accessory uses allowed in the RT, Residential Tourist Zoning District, and commercial uses consistent with the C-3 Commercial Intermediate Zoning District. Because the proposed number of dwelling units and density of 34.9 units per acre is not currently allowed, a companion Growth Management Plan (GMP) Amendment is also requested for the propo sed multifamily housing. This PUDA petition may only be deemed consistent with the Future Land Use Element (FLUE) of the GMP if the companion petition (GMPA-PL20230012398) is approved and goes into effect. According to the TIS and PUD Exhibit A, the multi-family dwellings will displace the previously approved +/- 60,000 square foot commercial retail use in the RT tract. The 215 multi-family dwellings represent a potential net reduction of +/- (121) PM peak hour, 2-way trips on the adjacent roadway segments of Golden Gate Parkway and Collier Boulevard. Because the proposed multi-family development generates a +/- 48% reduction in the number of trips generated by this development, the subject PUD Amendment can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Environmental review staff has found this project consistent with the Conservation & Coastal Management Element (CCME). The proposed changes do not affect any of the environmental requirements of the GMP. The GMP is the prevailing document to support land use decisions, such as this proposed PUD Amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. This petition cannot be approved until the companion GMP Amendment is adopted and goes into effect with an effective date linked to the effective date of the companion GMPA petition. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: Petition PUDA- PL20230012392, Golden Gate Golf Course RT Tract PUDA, on October 19, 2023, CCPC meeting. One speaker objected to the project on the basis that the proposed development would not addre ss affordable housing needs for families in Golden Gate City. The Planning Commission voted unanimously to forward the petition to the Board with a recommendation of approval, subject to the condition that the income -restricted units (Set Aside Units) be advertised and only available to Essential Services Personnel (ESP) for at least 90 days of the initial rental period, and that the Set Aside Units be advertised to ESP for at least 45 days when those units subsequently become vacant and available for rent. This commitment language is included in Exhibit F, List of 17.B Packet Pg. 2082 11/14/2023 Development Commitments, in the draft Ordinance provided with this Executive Summary. LEGAL CONSIDERATIONS: This is a site-specific amendment to a Planned Unit Development Zoning District. The burden falls upon the petitioner to prove that the proposed rezoning is consistent with all the criteria set forth below. Should it consider denying the amendment, the burden shifts to the Board of County Commissioners to determine that such denial would not be arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contracts, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD Amendment with the Growth Management Plan's goals, objectives, and policies. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) to assure the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, policies, future land use map, and the Growth Management Plan elements? 10. Will the proposed PUD Amendment be appropriate considering the existing land use pattern? 11. Would the requested PUD Amendment result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 17.B Packet Pg. 2083 11/14/2023 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing zoning? (a “core” question…) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration that would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD Amendment on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD Amendment request that the Board of County Commissioners shall deem important in the protection of public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summa ry, maps, studies, letters from interested persons, and the oral testimony presented at the BCC hearing as these items relate to these criteria. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. This item has been approved as to form and legality and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: To approve Petition PUDA-PL20230012392 for the Golden Gate Golf Course RT Tract PUD Amendment, subject to the approval of and with an effective date tied to the companion Growth Management Plan Amendment (GMPA) petition, PL20230012398. Prepared by: Ray Bellows, Zoning Services Planning Manager ATTACHMENT(S) 1. Att A - Ordinance 102023 (PDF) 2. Att B - Resolution 1995-460 Parking reservation (PDF) 17.B Packet Pg. 2084 11/14/2023 3. [Linked] Att C - PL20230012392 CCPC Backup (PDF) 4. [Linked] Att D - NIM Documentation (PDF) 5. Att E-Ordinance-Occupancy Code of Laws (PDF) 6. Att F - Affidavit of Sign Posting (PDF) 7. legal ad - agenda IDs 27015 & 26922 (PDF) 17.B Packet Pg. 2085 11/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 17.B Doc ID: 26922 Item Summary: This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2022-13, the Golden Gate Golf Course Mixed-Use Planned Unit Development (MPUD), by changing the allowed multi-family use on the Residential Tourist (RT) Tract to a maximum of 215 rental units with some affordable housing and to reduce the minimum floor area per multi -family rental dwelling unit to 250 square feet on the RT Tract. The property is located on the southwest corner of Golden Gate Parkway and Collier Boulevard in Section 27, Township 49 South, Range 26 East, Collier County, Florida, consisting of +/-171.6 acres. PL20230012392 (This is a companion to Item 17.C) Meeting Date: 11/14/2023 Prepared by: Title: – Zoning Name: Laura DeJohn 10/24/2023 8:24 AM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 10/24/2023 8:24 AM Approved By: Review: Zoning Ray Bellows Additional Reviewer Completed 10/24/2023 5:50 PM Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted 10/24/2023 6:25 PM Zoning Mike Bosi Division Director Completed 10/25/2023 3:40 PM Growth Management Community Development Department James C French Growth Management Completed 11/01/2023 1:00 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/01/2023 11:45 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/01/2023 12:46 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2023 1:32 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/02/2023 9:34 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/08/2023 9:52 AM Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM 17.B Packet Pg. 2086 [23-CPS-02372/1818295/1]51 1 of 2 Golden Gate Golf-RT PUDA 10-20-23 ORDINANCE NO. 2023-____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2022-13, THE GOLDEN GATE GOLF COURSE MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD), BY LIMITING THE USES ON THE 6.16± ACRE RESIDENTIAL TOURIST (RT) TRACT TO ALLOW HOTEL/MOTEL OR TIMESHARE OR MULTI-FAMILY OR COMMERCIAL USES; TO CHANGE THE ALLOWED MULTI-FAMILY USE ON THE RESIDENTIAL TOURIST (RT) TRACT TO A MAXIMUM OF 215 RENTAL UNITS; TO REDUCE THE MINIMUM FLOOR AREA PER MULTI-FAMILY RENTAL DWELLING UNIT TO 250 SQUARE FEET ON THE RT TRACT SUBJECT TO THE OCCUPANCY STANDARDS IN ORDINANCE NO. 2004-58, AS AMENDED; TO PROVIDE 22.8 % [49 UNITS] OF THE MULTI-FAMILY RENTAL UNITS ON THE RT TRACT WILL BE RENTED TO HOUSEHOLDS WHOSE INCOME QUALIFIES FOR AFFORDABLE HOUSING WITH 24 UNITS AT 80% OR LESS THE AREA MEDIAN INCOME FOR COLLIER COUNTY AND 25 UNITS AT 100% OR LESS THE AREA MEDIAN INCOME FOR COLLIER COUNTY, ALL SUBJECT TO CORRESPONDING RENT LIMITS; AND THE REMAINING 77.2% [166 UNITS] WILL BE RENTED-RESTRICTED AT A RENT PERMITTED FOR HOUSEHOLDS WHOSE INCOME IS UP TO 120% OF AREA MEDIAN INCOME FOR COLLIER COUNTY. THE PROPERTY IS LOCATED ON THE SOUTHWEST CORNER OF GOLDEN GATE PARKWAY AND COLLIER BOULEVARD IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 171.6± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL202300012392) WHEREAS, On April 6, 2022, the Board of County Commissioners approved Ordinance No. 2022-13, which created the Golden Gate Golf Course Mixed-Use Planned Unit Development (“MPUD”); and WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A. and Richard D. Yovanovich, Esq., representing STYX Holdings Development, LLC, petitioned the Board of County Commissioners to amend the PUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 17.B.a Packet Pg. 2087 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) [23-CPS-02372/1818295/1]51 2 of 2 Golden Gate Golf-RT PUDA 10-20-23 SECTION ONE: Exhibits “A” through “F”, attached to Ordinance No. 2022-13 are hereby amended and replaced with Exhibits “A” through “F”, attached hereto and incorporated by reference herein. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2023 -____ becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this ______day of _________________, 2023. ATTEST BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By:_________________________ By:________________________________ Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality: __________________________________ Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A – Permitted Uses Exhibit B – Development Standards Exhibit C – Master Plan Exhibit D – Legal Description Exhibit E – Requested Deviations from LDC Exhibit F – Developer Commitments 17.B.a Packet Pg. 2088 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 1 of 20 EXHIBIT A LIST OF PERMITTED USES Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMD), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the first Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. MAXIMUM INTENSITY/DENSITY: This MPUD shall be limited to the following: Residential Tract: 400 residential dwelling units Commercial Tract: 30,000 SF Public Use Tract: 75,000 SF government facilities and 120 group housing units* Community Facility Tract: 120 group housing units* Golf Course Tract: Subject to limitations in E and F below Residential Tourist Tract: One of the following scenarios may be developed in the RT Tract: a. A maximum of 158 hotel/motel units and up to b. A maximum of 98 time sharetimeshare or 215 multi-family rental dwelling units and c. A maximum of 60,000 SFsquare feet of C-3 commercial uses *A maximum of 75,000 SF government facilities and 120 group housing units shall be permitted for the overall PUD. The uses are subject to a trip cap identified in Exhibit F of this MPUD. Residential development, within the Residential Tract, is subject to an Affordable Housing Agreement between the Developer and Collier County. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. RESIDENTIAL TRACT – PRINCIPAL USES: 1. Multi-Family residential dwelling units 2. Leasing offices B. RESIDENTIAL TRACT – ACCESSORY USES: 1. Customary accessory uses and structures, such as but not limited to, a clubhouse, pavilions, community gardens and courtyards for residents and their guests. 2. Water management facilities. 3. Indoor and outdoor recreational facilities and uses for residents and their guests, such as but not limited to greenways, swimming pools, playgrounds, and tennis courts. 4. Community center, for residents and their guests 5. Retail services that serve as an integral part of the multi-family development and for residents only, such as a coffee shop, yoga studio or market. 6. Greenways 17.B.a Packet Pg. 2089 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 2 of 20 C. PUBLIC USE TRACT – PRINCIPAL USES: 1. Administration of Public Health, Veteran’s Affairs, Environmental Quality, Land and Wildlife Conservation, Housing, Urban Planning and Community Development (9431 – 9451, 9511 – 9532, 9611 – 9651) 2. Administrative Service Facilities, General Government Services (9199) 3. Essential services, as defined by the LDC 4. Library 5. Museum 6. Park, Open Space and Recreational Uses, including golf courses and greenways 7. Park and Recreational Service Facilities 8. Property Appraiser Office (9311) 9. Safety Service Facilities 10. Group housing, compliance with 5.05.04 of the LDC, subject to FAR of .60 (see Exhibit E, Deviation #4). D. PUBLIC USE TRACT – ACCESSORY USES: 1. Accessory uses and structures that are incidental to the principal uses permitted in the Public Use Tract. 2. Greenways 3. Water management facilities E. GOLF COURSE TRACT – PRINCIPAL USES: 1. Golf Course 2. Hiking trails, walkways, multi-use paths and observation decks 3. Passive recreational uses F. GOLF COURSE TRACT – ACCESSORY USES: 1. Uses and structures that are incidental to uses listed in the Golf Course Tract. 2. Recreational facilities that serve as an integral part of the golf course, including but not limited to clubhouse, community center, driving range, shuffleboard courts, swimming pool, tennis facilities, snack shops and restrooms. 3. Pro shops with equipment sales, no greater than 1,000 square feet, associated with a golf course. 4. Water management, as allowed by the LDC. 5. Restaurants and driving range, associated with a golf course, 350 seats limited to the restaurant and bar area and provided that the hours of operation are no later than 12:00 a.m. Amplified indoor sound shall be permitted during business hours. The facility is subject to the Collier County Noise Ordinance. 6. Maintenance facilities and buildings. 7. Greenways 17.B.a Packet Pg. 2090 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 3 of 20 G. COMMERCIAL TRACTS – PRINCIPAL AND ACCESSORY USES: Parcel A: All permitted principal and accessory uses listed within the C-3 ‘Commercial Intermediate Zoning District’. Parcel B: All permitted principal and accessory uses listed within the C-4 ‘Commercial General Zoning District’. H. COMMUNITY FACILITY USE TRACT – PRINCIPAL USES 1. Group Housing, compliance with 5.05.04 of the LDC, subject to FAR of .60 (see Exhibit E, Deviation #4), including nursing and personal care facilities (8051 – 8059) 2. Non-residential uses including: a. Essential services b. Parks, open space and recreational uses c. Childcare centers d. Community facility uses such as schools, libraries, safety service facilities, and community centers. e. Communication and utility facilities 3. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (“BZA”) or the Hearing Examiner by the process outlined in the LDC. I. COMMUNITY FACILITY USE TRACT – ACCESSORY USES: 1. Accessory uses and structures that are incidental to the principal uses permitted in the Community Facility Use District. 2. Medical doctor offices, rehabilitation facilities 3. Indoor and outdoor recreational facilities 4. Cafeterias and restaurants for use of residents and guests only. 5. Greenways 6. Water management, as allowed by the LDC. J. RESIDENTIAL TOURIST TRACT – PRINCIPAL USES 1. Multi-family rental dwelling units 2. Hotels, motels 3. Time share facilities 4. C-3, Commercial Intermediate Zoning District permitted uses 5. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (“BZA”) or the Hearing Examiner by the process outlined in the LDC. K. RESIDENTIAL TOURIST TRACT – ACCESSORY USES: 1. Accessory uses and structures that are incidental to the principal uses permitted in the Residential Tourist and C-3 ‘Commercial Intermediate’ Zoning Districts. 17.B.a Packet Pg. 2091 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 4 of 20 2. Shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, meeting rooms and auditoriums, where such uses are an integral part of an apartment hotel, hotel or motel. 3. Leasing office 17.B.a Packet Pg. 2092 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 5 of 20 EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in these development standards tables. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE I PUBLIC USE TRACT DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 square feet N/A MINIMUM LOT WIDTH 100 feet N/A MINIMUM YARDS (EXTERNAL) From Golden Gate Parkway *1 0 feet 0 feet From Abutting Residential Properties 100 feet 50 feet average, however no less than 35 feet at any one location From Greenways 0 feet 0 feet MINIMUM YARDS (INTERNAL) Internal Drives (Measured from back of curb) 10 feet 10 feet Lakes (measured from the Lake Maintenance Easement) 5 feet 5 feet MINIMUM DISTANCE BETWEEN STRUCTURES 10 feet 10 feet MAXIMUM HEIGHT Zoned 45 feet 35 feet Actual 55 feet 45 feet MINIMUM FLOOR AREA (FIRST FLOOR) 1,000 square feet N/A *1 All projects providing a front yard setback greater than zero feet must accommodate pedestrians, bicyclists, or be designed with a combination of planting, seating and hardscaped areas. Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. 17.B.a Packet Pg. 2093 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 6 of 20 TABLE II RESIDENTIAL TRACT DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA N/A N/A MINIMUM LOT WIDTH N/A N/A MINIMUM LOT DEPTH N/A N/A MINIMUM SETBACKS From Collier Boulevard 25 feet 15 feet From Abutting Residential (Western Tract Boundary) *1 80 feet 50 feet average, however no less than 35 feet at any one location From Southern PUD Boundary 25 feet 10 feet From Greenway 0 feet 0 feet From Internal Drives (Measured from the back of curb) 15 feet 15 feet From Lakes (measured from the Lake Maintenance Easement) 0 feet 0 feet MINIMUM DISTANCE BETWEEN STRUCTURES 20 feet 10 feet MAXIMUM HEIGHT Multi-Family: Zoned Actual 45 feet 55 feet 35 feet 45 feet Multi-Family for Seniors: Zoned Actual 85 feet 95 feet 35 feet 45 feet MINIMUM FLOOR AREA (PER UNIT) 600 square feet N/A Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. 17.B.a Packet Pg. 2094 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 7 of 20 TABLE III GOLF COURSE TRACT DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA N/A N/A MINIMUM LOT WIDTH N/A N/A MINIMUM LOT DEPTH N/A N/A MINIMUM SETBACKS *2 From Collier Boulevard 0 feet 50 feet From Western PUD Boundary 0 feet 50 feet average, however no less than 35 feet at any one location From Southern Golf Course Tract Boundary 0 feet 50 feet From Northern Golf Course Tract Boundary 0 feet 50 feet From Greenway 0 feet 0 feet From Internal Drives (Measured from the back of curb) 0 feet 0 feet From Lakes (measured from the Lake Maintenance Easement) 0 feet 5 feet MINIMUM DISTANCE BETWEEN STRUCTURES MAXIMUM HEIGHT *1 Zoned 35 feet 35 feet Actual 45 feet 45 feet MINIMUM FLOOR AREA N/A N/A *1 Netting and supporting infrastructure for golf driving range are exempt from maximum height limitations listed above but will not exceed 200 feet. Non-parking lot lighting for the driving range will be limited to 60’ in height. *2 Clubhouse, maintenance building, driving range, restaurants and pro shop uses shall be a minimum of 50 feet from external residential uses. Pitch and chip practice area and putting greens are not subject to the 50 foot setback. Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. 17.B.a Packet Pg. 2095 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 8 of 20 TABLE IV COMMERCIAL TRACT DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA N/A N/A MINIMUM LOT WIDTH N/A N/A MINIMUM LOT DEPTH N/A N/A MINIMUM SETBACKS From Collier Boulevard *1 25 feet 20 feet From Golden Gate Parkway *1, 2 20 feet 20 feet From Western Tract Boundary 15 feet 15 feet From Northern Golf Course Tract Boundary 0 feet 0 feet From Internal Drives (Measured from the back of curb) 10 feet 0 feet From Lakes (measured from the Lake Maintenance Easement) 0 feet 0 feet MINIMUM DISTANCE BETWEEN STRUCTURES MAXIMUM HEIGHT Zoned 35 feet 35 feet Actual 45 feet 35 feet MINIMUM FLOOR AREA 1,000 SF 1,000 SF *1 All projects providing a front yard setback greater than zero feet must accommodate pedestrians, bicyclists, or be designed with a combination of planting, seating and hardscaped areas. *2 Parcel B – Zero foot front yard setback Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. 17.B.a Packet Pg. 2096 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 9 of 20 TABLE V COMMUNITY FACILITY TRACT DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA N/A N/A MINIMUM LOT WIDTH N/A N/A MINIMUM LOT DEPTH N/A N/A MINIMUM SETBACKS From Collier Boulevard 25 feet 20 feet From Western PUD Boundary *1 100 feet 50 feet From Northern Golf Course Tract Boundary 0 feet 0 feet From Greenway 0 feet 0 feet From Internal Drives (Measured from the back of curb) 10 feet 0 feet From Lakes (measured from the Lake Maintenance Easement) 0 feet 0 feet MINIMUM DISTANCE BETWEEN STRUCTURES MAXIMUM HEIGHT Zoned 35 feet 35 feet Actual 45 feet 35 feet MINIMUM FLOOR AREA 1,000 SF 1,000 SF *1 Non-Golf Course Uses permitted within the Greenway in accordance with LDC Section 5.05.15 H.2 shall have an average 50 foot setback from abutting residential zoned property and no less than 35 feet at anyone location. Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. 17.B.a Packet Pg. 2097 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 10 of 20 TABLE VI RESIDENTIAL TOURIST TRACT DEVELOPMENT STANDARDS HOTEL/MOTEL/TIMESHARE/ MULTI-FAMILY USES *3 COMMERCIAL USES *3 PRINCIPAL ACCESSORY PRINCIPAL ACCESSORY MINIMUM LOT AREA 1 Acre N/A 10,000 SF N/A MINIMUM LOT WIDTH 150 feet N/A 75 feet N/A MINIMUM LOT DEPTH N/A N/A N/A N/A MINIMUM SETBACKS From Golden Gate Parkway *1 20 feet 10 feet 25 feet 25 feet From Internal PUD Boundary 0 feet 0 feet 0 feet 0 feet From Southern Golf Course Tract Boundary *2 0 feet 0 feet 0 feet 0 feet From RT Zoned Property 15 feet 0 feet 15 feet 15 feet From Internal Drives (Measured from the back of curb) 10 feet 0 feet 10 feet 10 feet MINIMUM DISTANCE BETWEEN STRUCTURES N/A N/A 10 feet 10 feet MAXIMUM HEIGHT Zoned*4 100 feet or 10 stories N/A 50 feet 50 feet MINIMUM FLOOR AREA *5 1,000250 SF N/A 700 SF N/A *1 All projects providing a front yard setback greater than zero feet must accommodate pedestrians, bicyclists, or be designed with a combination of planting, seating and hardscaped areas. *2 Golf course tract boundary is not considered a front yard. *3 If redevelopment occurs on the Residential Tourist Tract, with uses permitted within the C-3 zoning district, then the C-3 development standards will be applicable. *4 If developed with more than 98 rental dwelling units the height shall be reduced to a zoned height of 60 feet and an actual height of 75 feet. *5 Pursuant to Section 6 Paragraph 13 of Ordinance No. 2004-58 as amended and as codified in _________ of the Code of Laws and Ordinances , the minimum unit size for a Multi-family dwelling unit is 250 square feet New hotel/motel/timeshare units shall comply with the minimum size requirements in county ordinances. Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. 17.B.a Packet Pg. 2098 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) C.R. 951 (COLLIER BOULEVARD)GOLDEN GATE PARKWAY"COMMERCIAL"TRACT (PARCEL A)29'20' TYPE 'D' LANDSCAPE BUFFER20' TYPE 'D'LANDSCAPE BUFFERPOTENTIALPEDESTRIAN ACCESS81'61'PEDESTRIANACCESS100' BUILDINGSETBACK /GREENWAYGREENWAY100'100'PEDESTRIANACCESSPEDESTRIANACCESSPEDESTRIANACCESS"GOLF COURSE" TRACT"RESIDENTIAL" TRACTVEHICULARACCESSVEHICULARACCESSVEHICULARACCESSVEHICULARACCESSPUD BOUNDARYTRACTLINEPUD BOUNDARYVEHICULARACCESSTRACTLINE"COMMUNITYFACILITY"TRACT"PUBLIC USE"TRACT"GOLF COURSE"TRACT"GOLF COURSE"TRACTTRACTLINEVEHICULARACCESSGREENWAY10' TYPE 'A'LANDSCAPE BUFFERGENERAL LOCATIONOF DRIVING RANGE"COMMERCIAL"TRACT(PARCEL B)"RESIDENTIALTOURIST"TRACTVEHICULAR ACCESS15' TYPE 'B'LANDSCAPE BUFFER20' TYPE 'D'LANDSCAPE BUFFER20' TYPE 'D'LANDSCAPE BUFFERGENERAL SITE NOTES1.INTERNAL THOROUGHFARES, INTERNAL PEDESTRIAN ACCESS WAYS, &INTERCONNECTING ROADWAYS WILL BE DETERMINED AT TIME OF DEVELOPMENT ORDER.2.WATER MANAGEMENT AREAS ARE CONCEPTUAL AND WILL BE FINALIZED AT TIME OFDEVELOPMENT ORDER.0300600SCALE IN FEETEXCLUDED FROM PUDGREENWAY - 16.45± ACRESLEGENDROW RESERVATIONWATER MANAGEMENTGradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.4380DEVIATION#111111122222243GOVERNMENT PUBLIC SERVICES ANDRESIDENTIAL TOURIST SUBDISTRICT30' EASEMENT FORACCESS ROAD(O.R. BOOK 4100, PAGE 3543)41ST ST SW29TH PL SW 44TH ST SW44TH ST SWZONED: RSF-3ZONED: RSF-3ZONED: RSF-3 ZONED: RSF-3ZONED: RT43RD ST SW42ND ST SW25TH AVE SW 27TH CT SW4517.B.aPacket Pg. 2099Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course GradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.4380NOTES1.THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS.DEVIATIONS FROM LDC (SEE EXHIBIT E)1.SECTION 4.07.02 B.2, “DESIGN REQUIREMENTS”2.SECTION 4.06.02 A, “BUFFER REQUIREMENTS"3.SECTION 4.05.04.G, “PARKING SPACE REQUIREMENTS”4.SECTION 5.05.04 D.1., "GROUP HOUSING"5.SECTION 4.05.04, TABLE 17, “PARKING SPACE REQUIREMENTS”SITE SUMMARYTOTAL SITE AREA: 171.6± ACRECOMMERCIAL2.2± AC (1%)RESIDENTIAL TOURIST6.1± AC (3%)RESIDENTIAL25.5± AC (15%)*COMMUNITY FACILITY8.3± AC (5%)*PUBLIC USE13.5± AC (8%)*GOLF COURSE112.0 ± AC (65%)*ROW RESERVATION4.0± AC (3%)*INCLUDES GREENWAYS (TOTAL GREENWAY PROVIDED = 16.45± ACRES)RESIDENTIAL 3.79 ± ACCOMMUNITY FACILITY4.30± ACPUBLIC USE1.67± ACGOLF COURSE6.69± ACCOMMERCIAL:MAXIMUM 30,000 S.F.RESIDENTIAL TRACT:MAXIMUM 400 DWELLING UNITSPUBLIC USE:MAXIMUM 75,000 S.F. GOVERNMENT FACILITIES AND 120 GROUP HOUSING UNITS*COMMUNITY FACILITY:120 GROUP HOUSING UNITS*RESIDENTIAL TOURIST: ONE OF THE FOLLOWING SCENARIOS MAY BE DEVELOPED IN THE RT TRACT:A. A MAXIMUM OF 158 HOTEL/MOTEL UNITS AND UP TOB. A MAXIMUM OF 98 TIMESHARE OR 215 MULTI-FAMILY RENTAL DWELLING UNITS ANDC. A MAXIMUM OF 60,000 SQUARE. FEET. OF C-3 COMMERCIAL USES.*A MAXIMUM OF 75,000 S.F. GOVERNMENT FACILITIES AND 120 GROUP HOUSING UNITS SHALL BE PERMITTED FOR THE OVERALL PUD.OPEN SPACE:REQUIRED:30%PROVIDED:30%TREE PRESERVATION:REQUIRED: 571 TREES (2,285 EXISTING TREES X 25% = 571)PROVIDED:571 TREES (358 CANOPY TREES WITHIN GREENWAY (715,562 S.F. / 2,000 S.F. X 1 ))17.B.aPacket Pg. 2100Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 13 of 20 EXHIBIT D LEGAL DESCRIPTION BEING A PORTION OF BLOCK 1, AND ALL OF TRACT "A", AND TRACT "B", GOLDEN GATE UNIT 1, PLAT BOOK 5, PAGES 60 THROUGH 64, ALL OF TRACT "A" GOLDEN GATE UNIT 8 PART 1, PLAT BOOK 5, PAGES 147 THROUGH 151, AND A PORTION OF TRACT "A", GOLDEN GATE UNIT 8 PART 2, PLAT BOOK 9, PAGES 107A THROUGH 112, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "A", GOLDEN GATE UNIT 1, PLAT BOOK 5, PAGES 60 THROUGH 64, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE WEST RIGHT-OF-WAY OF COLLIER BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY, SOUTH 00°28'56" EAST, A DISTANCE OF 5,145.44 FEET TO THE SOUTHEAST CORNER OF TRACT "A", GOLDEN GATE UNIT 8 PART 1, PLAT BOOK 5, PAGES 147 THROUGH 151, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE BOUNDARY OF SAID TRACT "A" FOR THE FOLLOWING SIX (6) COURSES AND DISTANCES, 1) SOUTH 87°55'11" WEST, A DISTANCE OF 335.06 FEET; 2) THENCE NORTH 00°29'07" WEST, A DISTANCE OF 258.71 FEET TO A POINT ON A CURVE TO THE LEFT; 3) THENCE NORTHWESTERLY 79.93 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 91°35'35", (CHORD BEARING NORTH 46°16'54" WEST, A DISTANCE OF 71.69 FEET); 4) THENCE SOUTH 87°55'09" WEST, A DISTANCE OF 233.53 FEET; 5) THENCE NORTH 00°29'07" WEST, A DISTANCE OF 1,294.31 FEET TO A POINT ON A CURVE TO THE LEFT; 6) THENCE NORTHWESTERLY 335.72 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 91°35'44", (CHORD BEARING NORTH 46°17'01" WEST, A DISTANCE OF 301.09 FEET) TO A POINT ON THE BOUNDARY OF TRACT "A", GOLDEN GATE UNIT 8 PART 2, PLAT BOOK 9, PAGES 107A THROUGH 112 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING SEVENTEEN (17) COURSES AND DISTANCES, 1) SOUTH 87°55'09" WEST, A DISTANCE OF 1,404.72 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE LEFT; THENCE NORTHERLY 282.64 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 712.77 FEET, A CENTRAL ANGLE OF 22°43'13", (CHORD BEARING NORTH 12°07'31" WEST, A DISTANCE OF 280.79 FEET); 2) THENCE NORTH 23°29'07" WEST, A DISTANCE OF 994.26 FEET; 3) THENCE NORTH 66°30'53" EAST, A DISTANCE OF 600.00 FEET; 4) THENCE SOUTH 23°29'07" EAST, A DISTANCE OF 543.32 FEET TO A POINT ON A CURVE TO THE LEFT; 5) THENCE SOUTHEASTERLY 556.70 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 465.00 FEET, A CENTRAL ANGLE OF 68°35'44", (CHORD BEARING SOUTH 57°47'00" EAST, A DISTANCE OF 524.05 FEET); 6) THENCE NORTH 87°55'09" EAST, A DISTANCE OF 655.68 FEET TO A POINT ON A CURVE TO THE LEFT; 7) THENCE NORTHEASTERLY 324.02 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 88°24'14", (CHORD BEARING NORTH 43°43'02" EAST, A DISTANCE OF 292.82 FEET); 8) THENCE NORTH 00°29'07" WEST, A DISTANCE OF 661.52 FEET TO A POINT ON A CURVE TO THE LEFT; 9) THENCE NORTHWESTERLY 219.91 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 60°00'00", (CHORD BEARING NORTH 30°29'07" WEST, A DISTANCE OF 210.00 FEET); 10) THENCE NORTH 60°29'07" WEST, A DISTANCE OF 715.08 FEET TO A POINT ON A CURVE TO THE LEFT; 11) THENCE WESTERLY 194.26 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 53°00'00", (CHORD BEARING NORTH 86°59'05" WEST, A DISTANCE OF 187.41 FEET); 12) THENCE SOUTH 66°30'53" WEST, A DISTANCE OF 600.52 FEET TO A POINT ON A CURVE TO THE LEFT; 13) THENCE SOUTHERLY 329.86 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 90°00'00", (CHORD BEARING SOUTH 21°30'51" WEST, A DISTANCE OF 296.98 FEET); 14) THENCE SOUTH 23°29'07" EAST, A DISTANCE OF 100.00 FEET; 15) THENCE SOUTH 66°30'53" WEST, A DISTANCE OF 600.00 FEET; 16) THENCE NORTH 23°29'07" WEST, A DISTANCE OF 25.00 FEET TO A POINT ON A CURVE TO THE RIGHT; 17) THENCE NORTHERLY 487.72 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1,215.00 FEET, A CENTRAL ANGLE OF 23°00'00", (CHORD BEARING NORTH 11°59'06" WEST, A DISTANCE OF 484.45 FEET); THENCE ALONG SAID BOUNDARY AND THE PROLONGATION THEREOF, NORTH 00°29'07" WEST, A DISTANCE OF 1,665.00 FEET TO THE 17.B.a Packet Pg. 2101 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 14 of 20 NORTHWEST CORNER OF TRACT "B", GOLDEN GATE UNIT 1, PLAT BOOK 5, PAGES 60 THROUGH 64, OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY OF SAID TRACT "B" FOR THE FOLLOWING FOUR (4) COURSES AND DISTANCES, 1) NORTH 89°30'53" EAST, A DISTANCE OF 605.00 FEET; 2) THENCE SOUTH 00°29'07" EAST, A DISTANCE OF 475.00 FEET TO A POINT ON A CURVE TO THE LEFT; 3) THENCE SOUTHEASTERLY 329.87 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 90°00'00", (CHORD BEARING SOUTH 45°29'07" EAST, A DISTANCE OF 296.98 FEET) TO A POINT ON THE BOUNDARY OF TRACT "A" OF THE AFOREMENTIONED GOLDEN GATE UNIT 8 PART 2; THENCE ALONG SAID BOUNDARY, NORTH 89°30'53" EAST, A DISTANCE OF 510.00 FEET TO A POINT ON THE BOUNDARY OF TRACT "A" OF THE AFOREMENTIONED GOLDEN GATE UNIT 1, THE SAME BEING A POINT ON A CURVE TO THE LEFT; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES, 1) NORTHEASTERLY 329.87 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 90°00'00", (CHORD BEARING NORTH 44°30'53" EAST, A DISTANCE OF 296.98 FEET); 2) THENCE NORTH 00°29'07" WEST, A DISTANCE OF 475.00 FEET; THENCE NORTH 89°30'53" EAST, A DISTANCE OF 893.76 FEET TO THE NORTHWEST CORNER OF GOLF CREST OF NAPLES, A CONDOMINIUM, OFFICIAL RECORDS BOOK 779, PAGE 358 OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY OF SAID GOLF CREST OF NAPLES FOR THE FOLLOWING SEVEN (7) COURSES AND DISTANCES, 1) SOUTH 33°25'57" EAST, A DISTANCE OF 101.54 FEET; 2) THENCE SOUTH 07°30'43" WEST, A DISTANCE OF 242.09 FEET; 3) THENCE SOUTH 67°56'47" EAST, A DISTANCE OF 49.29 FEET; 4) THENCE NORTH 89°30'13" EAST, A DISTANCE OF 138.41 FEET; 5) THENCE NORTH 00°29'07" WEST, A DISTANCE OF 190.41 FEET; 6) THENCE NORTH 12°46'13" EAST, A DISTANCE OF 60.02 FEET; 7) THENCE NORTH 00°29'07" WEST, A DISTANCE OF 94.98 FEET TO A POINT ON THE NORTH LINE OF THE AFOREMENTIONED TRACT "A" OF SAID GOLDEN GATE UNIT 1; THENCE ALONG SAID NORTH LINE FOR THE REMAINING TWO (2) COURSES AND DISTANCES, 1) NORTH 89°30'53" EAST, A DISTANCE OF 89.50 FEET; 2) THENCE SOUTH 75°29'07" EAST, A DISTANCE OF 80.23 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT PARCEL BEING THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4098, PAGE 3967 AND PAGE 1131, PAGE 1230 ALSO BEING A PORTION OF TRACT "A", GOLDEN GATE UNIT 8 PART 2, PLAT BOOK 9, PAGES 107A THROUGH 112, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A", GOLDEN GATE UNIT 8, PART 2, PLAT BOOK 9, PAGES 107A THROUGH 112, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID TRACT "A", SOUTH 00°29'07" EAST, A DISTANCE OF 649.27 FEET; THENCE NORTH 89°30'53" EAST, DEPARTING SAID WEST LINE A DISTANCE OF 336.31 FEET TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1131, PAGE 1230, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE ALONG THE BOUNDARY OF SAID LANDS FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) NORTH 03°16'23" EAST, A DISTANCE OF 183.92 FEET; 2) THENCE NORTH 10°35'02" EAST, A DISTANCE OF 113.36 FEET TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4098, PAGE 3967 OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY OF SAID LANDS FOR THE FOLLOWING FIVE (5) COURSES AND DISTANCES, 1) NORTH 00°44'11" WEST, A DISTANCE OF 16.91 FEET; 2) THENCE NORTH 12°22'36" EAST, A DISTANCE OF 31.94 FEET TO A POINT ON A CURVE TO THE LEFT; 3) THENCE NORTHERLY 78.51 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 577.88 FEET, A CENTRAL ANGLE OF 07°47'03", (CHORD BEARING NORTH 08°29'05" EAST, A DISTANCE OF 78.45 FEET); 4) THENCE NORTH 89°15'56" EAST, A DISTANCE OF 89.59 FEET; 5) THENCE SOUTH 00°44'11" EAST, A DISTANCE OF 116.40 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE AFOREMENTIONED LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1131, PAGE 1230 OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY SAID LANDS FOR ALL OF THE REMAINING COURSES AND DISTANCES, NORTH 89°15'49" EAST, A DISTANCE OF 86.04 FEET; THENCE SOUTH 47°36'49" EAST, A DISTANCE OF 196.55 FEET; THENCE SOUTH 17.B.a Packet Pg. 2102 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 15 of 20 23°14'36" WEST, A DISTANCE OF 104.18 FEET; THENCE SOUTH 00°38'10" EAST, A DISTANCE OF 75.04 FEET; THENCE SOUTH 89°25'14" WEST, A DISTANCE OF 331.54 FEET TO THE POINT OF BEGINNING. RESULTING PARCEL CONTAINING 171.81 ACRES, MORE OR LESS. 17.B.a Packet Pg. 2103 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 16 of 20 EXHIBIT E LIST OF DEVIATIONS Deviation #1: Relief from LDC Section 4.07.02 B.2 PUD “Design Requirements,” which requires PUDs to provide landscape buffers along the perimeter of PUD boundaries, to instead require no hedge or wall within the landscape buffers where the greenway is located. Deviation #2: Relief from LDC Section 4.06.02 A “Landscape Buffers,” which requires landscape buffers between separate land uses, to instead allow no landscape buffers between separate land uses internal to the PUD. Deviation #3: Relief from LDC Section 4.05.04 G “Parking Space Requirements,” to allow a reduction in requirement of off-street parking spaces for consistency with the Golden Gate Parkway Overlay District and to meet actual parking demands. This includes: a. No additional off-street parking required for outdoor dining/seating areas for restaurants. b. If the subject property is within 330’ of an improved public transit facility, such as a bus shelter, bus transfer facility, or park and ride site, the required number of off- street parking spaces shall be reduced by 10 percent. c. The affordable housing development shall have the option to reduce the number of off-street parking spaces by 10 percent. d. Parking for hotel uses may be shared with adjacent commercial properties under separate ownership, consistent with the previously approved parking agreement recorded in OR Book 2090, Page 1194. The parking agreement shall remain valid even if the RT parcel is redeveloped. Deviation #4: Relief from LDC Section 5.05.04 D.1., “Group Housing”, which requires the maximum floor area ratio (FAR) shall not exceed 0.45 to instead allow an FAR of 0.60 for Group Housing uses within the PUD. Deviation #5: FOR RT TRACT ONLY: Relief from LDC Section 4.05.04, Table 17, Parking Space requirements for multi-family dwellings, which requires: All units shall have 1 parking space per unit plus visitor parking computed at 0.5 per efficiency unit, 0.75 per 1-bedroom unit, and 1 per 2-bedroom or larger unit. Office/administrative buildings shall have parking provided at 50 percent of normal requirements. Where small-scale recreation facilities are accessory to a single-family or multifamily project and intended only for the residents of that project, exclusive of golf courses/clubhouses, the recreation facilities may be computed at 50 percent of normal requirements where the majority of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities. To instead allow parking to be provided at a ratio of 1 parking space per unit, with no requirement to provide additional parking for the leasing office or for recreation facilities. 17.B.a Packet Pg. 2104 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 17 of 20 EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS The purposed of this Section is to set forth the development commitments for the development of this project. 1. GENERAL A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Collier County. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of their/its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner’s agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.” (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. D. Lights shall be shielded to avoid light spillage into other properties. E. At the time of Plat or Site Development Plan (SDP) the applicant shall provide errant golf ball netting or other engineering solution for development in the Golf Course Tract limited to the Golf Course and Driving Range. This shall include signed and sealed engineering drawings including but not limited to proposed location layout plans, errant golf ball devise design, and details to insure no golf balls exit the Golf Course Tract. 2. TRANSPORTATION A. The maximum total daily trip generation for the PUD (excluding RT Tract) shall not exceed 687 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 17.B.a Packet Pg. 2105 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 18 of 20 B. The maximum total daily trip generation for the RT Tract shall not exceed 234 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. C. To promote walkability, pedestrian connectivity shall be provided between land uses and Collier Boulevard and Golden Gate Parkway. Pedestrian access from the Greenway Tract shall be provided to the “Residential”, Public Use”, and “Community Facility” project development tracts. D. 4± acres along the eastern MPUD boundary shall be reserved for future Collier Boulevard right-of-way improvements. E. Existing access points for the Commercial and RT Tracts on Golden Gate Parkway shall remain until each site is redeveloped. 3. ENVIRONMENTAL A. TREE PRESERVATION A total of 2,285 trees were found to meet Collier County’s tree count criteria, in accordance with LDC Section 3.05.07; therefore, requiring a minimum tree preservation of 571 trees (2,285 existing trees x 25% = 571). Per LDC Section 3.05.07 A.2, trees which die shall be replaced with 10-foot high native canopy trees on a one for one basis. Total tree count for the MPUD = 571 trees Per LDC Section 5.05.15 G.2.e, existing trees shall be preserved and retained within the greenways, or within the golf course, at a minimum ratio of 1 canopy tree per every 2,000 square feet of greenway provided. The total Greenway area provided is 16.45±-acres (716,562 SF); therefore, requiring a total of 358 canopy trees to be retained and/or provided within the greenways (716,562 SF /2,000 SF = 358). The vegetation will be provided concurrent with development of each tract abutting the greenway. B. Best management practices shall be utilized for any use that may store hazardous materials. C. Prior to site clearing activities for each tract, the development footprint will be surveyed for potential listed plant and animal species. If listed species are determined to be present a management plan shall be provided in accordance with agency guidelines. 4. AFFORDABLE HOUSING A. The developer of the Residential Tract has agreed to construct up to 400 rental dwelling units for residents in income and rental ranges as approved by the Collier County Board of County Commissioners in the accompanying Developer Agreement. B. If the Residential Tourist Tract is developed with more than 98 multi-family rental dwelling units, the following shall apply: 17.B.a Packet Pg. 2106 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 19 of 20 1. Forty-nine (49) units (collectively referred to as “Set Aside Units”) shall be restricted as follows: a. Twenty-four (24) units shall be rented to households whose incomes are up to and including 80% of the Area Median Income (AMI) for Collier County and the corresponding rent limits. b. Twenty-five (25) units shall be rented to households whose incomes are up to and including 100% of the AMI for Collier County and the corresponding rent limits. 2. There will be no income restrictions on the remaining units on the Residential Tourist Tract. However, the remaining units will be rent restricted at a rent equal to or less than rents permitted for households whose incomes are up to and including 120% of the AMI for Collier County. These rent restrictions will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Rent limits may be adjusted annually based on the rent limit table published by the Florida Housing Finance Corporation of the U.S. Department of Housing and Urban Development. 3. The Set Aside Units shall be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first Set Aside Unit. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. 4. Initial preference to Set Aside Units shall be given to Essential Service Personnel (ESP). a. ESP means natural persons or families at least one of whom is employed as police or fire personnel, a childcare worker, a teacher or other educational personnel, health care personnel, or public employee. b. Initially, each Set Aside Unit will be held vacant and advertised for ESP for a minimum of 90 days prior to the issuance of a certificate of occupancy. In the event that no ESP rents the available Set Aside Unit, then the unit may also be offered to the general public (non-ESP) but shall remain a Set Aside Unit and be rent and income restricted accordingly. After the initial offering of a unit, no preference will be given to ESP. However, when a unit becomes available advertising as set forth in paragraph (c) below shall be provided. c. At a minimum, advertising will consist of provided written notice to the Collier County Community and Human Services Division and the human resource departments for local hospitals, the Collier County Public School District, Collier County Government, other municipalities within Collier County, all EMS and fire district, and the Collier County Sheriff’s Office. 5. As part of the annual PUD monitoring report, the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units. For rent restricted units, rent rolls and rental data will be provided in a format approved by Collier County Community and Human Services Division. Developer agrees to annual on-site monitoring by the County. 17.B.a Packet Pg. 2107 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) Words underlined are added; words struck-through are deleted. Golden Gate Golf Course MPUD - RT Tract PL20230012932 (October 20, 2023) Page 20 of 20 5. UTILITIES A. The Owner shall convey a County Utility Easement (CUE) and declaration of restrictions of CUE to the Collier County Water-Sewer District for infrastructure through the property. The CUE and declaration of restrictions of CUE shall be 30 feet in width and shall extend from a point on Collier Boulevard (CR 951) to the northwest corner of the PUD. The CUE and declaration of restrictions of CUE shall be shown on any final subdivision plat and shall be conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance, free and clear of all liens and encumbrances, within six months of the effective date of this PUD Ordinance. The declaration of restrictions of CUE will be binding on future owners. 6. LANDSCAPING A. Landscape buffers adjacent to Golden Gate Parkway shall only be required for the Commercial and RT Tracts upon redevelopment of each parcel. 7. GREENWAY A. The passive recreation uses within the Greenway shall be identified at the time of plat or site development plan approval for each conversion project. Such uses may include, open space, nature trails, a park, playground, exercise equipment, and multi-use paths or other passive recreational uses that were vetted at the Stakeholder Outreach Meetings or approved by the Board of County Commissioners. B. The lighting and building or structure setbacks within the Greenway are subject to LDC section 5.05.15 H. Design Standards, however, the minimum average 50-foot setback and no less than 35 feet at any one location from lands zoned residential shall not apply to the shared common tract line between the Greenway tract and any internal conversion project development tract. The setbacks requirements are applicable to the shared common tract line between the Greenway tract and existing surrounding lands zoned residential. C. The County shall be the maintenance entity for the Greenway until such time the Board of County Commissioners elects to assign its responsibility to another entity. At the time of subdivision plat approval, the Greenway shall be recorded as a tract of land along with a recorded restrictive covenant and greenway maintenance easement over the conversion project development tracts, where applicable. 17.B.a Packet Pg. 2108 Attachment: Att A - Ordinance 102023 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) RESOLUTION NO. 95-~ RELATING TO PETITION NUMBER PR-95-1, FOR A RESERVATION OF OFF-STREET PARI<ING SPACES ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature ot Florida statutes, has conterred establish, coordi~ate and entorc as are necessary tor the of Florid~ in Chapter 125, all counties in Florida the power to oning and such business regulations ot the public; and WHEREAS, the County pursuan~hereto has adopted a Land Development Code (Ordinance No. ~: 102) which establishes regulations J tor the zoninq ot particular geoq, phic divisions of the County, amonq which is the qra"ting of reservat!ns ot off-street ,arking spaces ilJ pursuant to Sect~. on 2. 3 . 12 of th(, : Code ; and WHEREAS, the Board of Zonin~~ppeals, being the duly elected constituted Board of the area her:~ attected, has held a public f~1hearingatternoticeasinsaidregulations made ant! provided, and has 1_ considered the advisability ot a ::eservation ot 80 eft-street parking spaces to be reserved fo~ tuture i~ lementation as 11nown on the attached plot plan, Exhibit "An, I order to meet the requirements ot a c.rt.in Aqr....nt betw..n RObert~i.ano and Mario Voci.ano, individually and as general partn~s ot the Golden C ate Inn, a Florida general 'partnership, and Collier ttunty dated Februlry 17, 1989, tor prop.rty hereinafter de.cribed, ,I haa found a. a .'atter of fact: that the qrantinq of .,lid re.erved pa ~~q will not have any detrimental ettect to the public; and d IIHEREAS, all interested partUs have been qiven opportunity to be heard by this Boa'.d in public mee~lng assembled, am' the Board having con.idered all ..,~ers presented" NOW THEREFORE BE IT RESOLVEt. t;Y THE BOARD OF ZONING APPEALS ot Collier county, Florida, that: r~ The Petition PR-95-1, tiled by Donald A. Pickwcrth, representing Golden Gate Inn and Golf Club, with respect to the property hereinatter deset ~bed as: Block 1, Golden Gate Unit i, as recorded in Plat Book 11, Page 11, of the Public Recc.t'ds of Collier County, Florida. nnnw. 7~ 1'! l' 1 j J t; c' tl J,~ f 17.B.b Packet Pg. 2109 Attachment: Att B - Resolution 1995-460 Parking reservation (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD AIle - 8 _ be and the same hereby i. approved for a reservation of 80 oft-street parking spaces to meet the parking requirements ot the atoresaid agreement and to be reserved for future. implementation as shown on the attached plot plan, Exhibit "A", wherein said property is located, subject to the tollowing conditions: Exhibit "B" BE IT RESOL"ED that this Resolution relating to Petition Number PR-95-1 be recorded in the minutes ot this Board. commissioner Constantine offered the foregoing Resolution and moved for its ador,tion, seconded by C O1IUllissioner Hancock and ulon roll call the vcte was: 1 AYES: Commissioner Constantine~ Commissioner Hancock" Commissioner Norris Commissioner Mac'Kie and Commissioner Matthews NAYS: ABSENT AND NOT VOTING: 1ABSTENTION: Done this ~.~~1995.day ot _ j o 1'.'....... 11., A'nESTi' GHT E. BROCK,. CLERK BOARD OF ZONING PPEALS COLLIER CO dal;: IS, CHA RMANr" -~~-~~'t' . APPROVEDM .1'0' FORM AND LEGAL St tl i j j FICIENCY: B~~~rof:;t(~ ASSISTANT COUNTY \T'l'ORNEY PR-95-1 RBSOLUTItN/lqk/13737 1 17.B.b Packet Pg. 2110 Attachment: Att B - Resolution 1995-460 Parking reservation (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD f I I I I'D t s II r L I III TOa In} AU8 - 81' ~f~ ,II 1; 'f'lI4......, , cr..rL--, I;~!I~I I -'llliIII '.1 1_.I, I .1'1111I ; I ill!dl I I I .lIud I L ._Jl. ~ r~-l $(i 0 II LJr--lf \~JIIL J 1 c: __ IIr:;r-;A;cU'l]L____ a::I u....-. zi 1 ~III Ice"" i I c.=w I CiSLL-....J .... J . : Q r leD.>.. ...nl.. .:::::....,. Q I "':::-" I I! "':::-" r: ".' 1...___ I I illL .WillWJJf i I' am 000 par.! 77IRIiiI ~ L1hili ~ I It _I Exh.'.bit -A- -17.B.bPacket Pg. 2111Attachment: Att B - Resolution 1995-460 Parking reservation (26922 : Zoning Petition - PL20230012392 [23-CPS-02391/1816563/1]9 9/20/23 1 of 2 Text underlined is added; text struck through is deleted. ORDINANCE NO. 2023 - ______ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-58 AS AMENDED, THE COLLIER COUNTY PROPERTY MAINTENANCE CODE BY AMENDING SECTION SIX, COMPLIANCE WITH HOUSING STANDARDS, TO REDUCE MINIMUM SQUARE FOOTAGE REQUIREMENTS FOR MULTI-FAMILY DWELLING UNITS; PROVIDING FOR APPLICABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 23, 2004, the Board of County Commissioners (Board) adopted Ordinance No. 2004-58, establishing a revised property maintenance code for the unincorporated area of Collier County to be known as the “Collier County Property Maintenance Code;” and WHEREAS, the Board adopted amendments to the Property Maintenance Code in Ordinance No. 2007-70 and Ordinance No. 2010-02; and WHEREAS, the Board desires to further amend the Property Maintenance Code by amending the occupancy standards for dwellings. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2004-58, AS AMENDED. Section Six of Ordinance No. 2004-58, as amended, is hereby amended to read as follows: SECTION SIX – COMPLIANCE WITH HOUSING STANDARDS All dwelling units, whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: ******************************* 13. OCCUPANCY STANDARD, DWELLINGS — Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant, not to exceed more than 4 unrelated individuals per household. No habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the Building Code. However, the Board of County Commissioners can approve a reduction in the minimum square footage requirements through a rezoning for projects that convert an existing building to a multi-family use and include affordable housing units with a minimum of 20 percent of the units income-restricted, provided the habitable floor area is not less than 250 square feet for two occupants. ******************************* 17.B.e Packet Pg. 2112 Attachment: Att E-Ordinance-Occupancy Code of Laws (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD [23-CPS-02391/1816563/1]9 9/20/23 2 of 2 Text underlined is added; text struck through is deleted. SECTION TWO: APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in all unincorporated areas of Collier County. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The Sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _____ day of_________________, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By:_________________________________ , Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality: ______________________________ Heidi Ashton-Cicko Managing Assistant County Attorney 17.B.e Packet Pg. 2113 Attachment: Att E-Ordinance-Occupancy Code of Laws (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD 17.B.fPacket Pg. 2114Attachment: Att F - Affidavit of Sign Posting (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) 17.B.f Packet Pg. 2115 Attachment: Att F - Affidavit of Sign Posting (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD Amendment) 17.B.g Packet Pg. 2116 Attachment: legal ad - agenda IDs 27015 & 26922 (26922 : Zoning Petition - PL20230012392 Golden Gate Golf Course RT Tract PUD