Ordinance 2023-53 ORDINANCE NO. 2023-5 3
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
89-05, AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE
GOVERNMENT SERVICES, RESIDENTIAL TOURIST AND
COMMERCIAL SUBDISTRICT OF THE GOLDEN GATE CITY SUB-
ELEMENT OF THE GOLDEN GATE MASTER PLAN ELEMENT OF
THE GROWTH MANAGEMENT PLAN TO LIMIT THE USES ON
THE 6.16± ACRES IDENTIFIED AS PARCEL 2 BY ALLOWING
HOTEL/MOTEL OR TIMESHARE OR MULTI-FAMILY OR
COMMERCIAL USES; BY CHANGING THE MULTI-FAMILY USE
ON PARCEL 2 TO A MAXIMUM OF 215 RENTAL UNITS;
PROVIDING 22.8% [49 UNITS] OF THE MULTI-FAMILY RENTAL
UNITS ON PARCEL 2 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 RENT-RESTRICTED AT A RENT
PERMITTED FOR HOUSEHOLDS WHOSE INCOME IS UP TO 120%
OF AREA MEDIAN INCOME FOR COLLIER COUNTY. THE
SUBJECT PROPERTY CONSISTS OF 20.1± ACRES AND IS
LOCATED ON THE SOUTH SIDE OF GOLDEN GATE PARKWAY
APPROXIMATELY % MILE WEST OF COLLIER BOULEVARD IN
SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA; AND FURTHERMORE, DIRECTING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE
FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
[PL20230012389]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act,
was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
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WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, a Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A. and
Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A. representing Petitioner
Styx Holdings Development, LLC requested an amendment to the Government Services,
Residential Tourist and Commercial Subdistrict of the Golden Gate City Sub-Element of the
Golden Gate City Master Plan Element; and
WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is
considered a Small-Scale Amendment; and
WHEREAS, the Subdistrict property is not located in an area of critical state concern or a
rural area of opportunity; and
WHEREAS, the Collier County Planning Commission (CCPC) on October 19, 2023
considered the proposed amendment to the Growth Management Plan and recommended
approval of said amendment to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and held public hearings concerning the proposed adoption of the
amendment to the Government Services, Residential Tourist and Commercial Subdistrict of the
Golden Gate City Sub-Element of the Golden Gate Master Plan Element of the Growth
Management Plan on November 14, 2023; and
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF AMENDMENT TO TT IE GROWTH
MANAGEMENT PLAN
The Board of County Commissioners hereby adopts this small-scale amendment to the
Government Services, Residential Tourist and Commercial Subdistrict of the Golden Gate City
Sub-Element of the Golden Gate Master Plan Element in accordance with Section 163.3184,
Florida Statutes. The text is attached hereto as Exhibit "A" and incorporated herein by reference.
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SECTION TWO: SEVERABILITY.
If any phrase or portion of this 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 THREE: EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after Board adoption. If timely challenged, this amendment shall become
effective on the date the state land planning agency or the Administration Commission enters a
final order determining this adopted amendment to be in compliance. No development orders,
development permits, or land uses dependent on this amendment may be issued or commenced
before it has become effective.
PASSED AND IWLY ADOP,TTD by the Board of County Commissioners of Collier
County, Florida this I day of IN 0 yi,-n C.. ( , 2023.
ATTEST: • BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: B
Deputy Clerk Rick LoCastro, Chairman
Attest as to Chairman's
signature only. ,
This ordinance fired with the
S retary of frog .'s Oft' s
day of LW._ ._
Approved as to form and legality: and ocknowiadgernen 9f that
filing received ti 's I day
JL4 A (/'IC) By_ oC
D.:0ov cart
1 leidi Ashton-Cicko,
Managing Assistant County Attorney
Attachment: Exhibit A—Proposed Text Amendment
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Exhibit A PL20230012389
EXHIBIT A
GOLDEN GATE CITY SUB-ELEMENT— GOLDEN GATE AREA MASTER PLAN
*** *** *** *** *** *** *** *** *** *** *** *** ***
Policy 1.1.4:
The URBAN Future Land Use Designation shall include Future Land Use Districts and
Subdistricts for:
A. URBAN — MIXED USE DISTRICT
1. Urban Residential Subdistrict
2. High Density Residential Subdistrict
3. Downtown Center Commercial Subdistrict
4. Government Public Services, Residential Tourist and Commercial Subdistrict
*** *** *** *** *** *** *** *** *** *** *** *** ***
4. Government Public Services, Residential Tourist and Commercial Subdistrict
This Subdistrict is 20.1± acres in size and is located on the south side of Golden Gate Parkway
approximately 1/2 mile west of Collier Boulevard. The Government Public Services, Residential
Tourist and Commercial Subdistrict is comprised of three parcels. Parcel 1 is intended to provide
a variety of government, civic and institutional land uses. Parcel 2 is intended to provide for
development of 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. Parcel 3 is intended to provide commercial uses
consistent with the permitted and accessory uses allowed in the C-4, General Commercial Zoning
District. Development within the Subdistrict shall be subject to the following:
a. The subdistrict shall be rezoned to a Planned Unit Development (PUD).
b. The rezone Ordinance must include development standards and buffers to insure compatibility
with surrounding properties.
c. Allowable governmental services shall include general governmental offices including those
associated with planning, tax collection, property appraiser, supervisor of elections, building
review and similar administrative uses as well as libraries, community centers, parks and
recreational uses, group housing, museums, and other public uses as identified in the required
PUD Zoning Ordinance.
Allowable Residential Tourist uses shall include hotel/motel, multi-family rental dwelling units
and timeshare uses.
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9/19/2023
Exhibit A PL2O23OO12389
d. Parcel 1 development is limited to a maximum intensity of 75,000 square feet of governmental
facility uses and up to 120 beds for group housing uses, not to exceed an FAR of 0.6 for group
housing uses.
Parcel 2 development is limited to a maximum of 26 du/ac 158 for Hotel/Motel units uses acid
or 16 du/ac for 98 timeshare uses units and or 215 multi-family rental dwelling units and
timeshare uses, or 60,000 square feet of commercial uses consistent with the C-3, Commercial
Intermediate Zoning District.
If Parcel 2 is developed with more than 98 multi-family rental dwelling units, the following shall
apply:
1. An income restriction will be placed on 22.8% of the total Parcel 2 dwelling units as follows:
(1) Twenty-four(24) units will be rented to households whose incomes are at 80% or lower
of the Area Medium Income (AMI) for Collier County and (2) Twenty-five (25) units will be
rented to households whose incomes are 100% or lower of the AMI for Collier County; all
forty-nine (49) units are subject to the corresponding rent limits. These income 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 or the U.S. Department of
Housing and Urban Development.
2. There will be no income restrictions on the remaining units on Parcel 2. 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 or the U.S.
Department of Housing and Urban Development.
3. 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.
Parcel 3 development is limited to a maximum intensity of 15,000 square feet of commercial
uses consistent with the C-4, General Commercial Zoning District.
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
November 21, 2023
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2023-53, which was filed in this office on November 16,
2023.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.corn
Sincerely,
Anya C. Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270