Ordinance 2023-56 ORDINANCE NO. 2023- 56
AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED,
THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF
THE UNINCORPORATED AREA OF COLLIER COUNTY
FLORIDA, ADOPTING AN AMENDMENT TO THE COLLIER
COUNTY GROWTH MANAGEMENT PLAN RELATING TO
AFFORDABLE HOUSING, SPECIFICALLY AMENDING THE
GOLDEN GATE CITY SUB-ELEMENT OF GOLDEN GATE AREA
MASTER PLAN ELEMENT AND FUTURE LAND USE MAP TO
ADDRESS HOUSING INITIATIVES TO ALLOW AFFORDABLE
HOUSING BY RIGHT IN CERTAIN COMMERCIAL ZONING
DISTRICTS WITH A SUNSET DATE; AND TO ESTABLISH A
TRANSIT ORIENTED DEVELOPMENT SUBDISTRICT; AND
DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT
TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. [PL20210000660]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly 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
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, staff has prepared an amendment to the Golden Gate City Sub-Element of
the Golden Gate Area Master Plan Element and Future Land Use Map of the Growth
Management Plan; and
WHEREAS, Collier County transmitted the Growth Management Plan amendment to the
Department of Commerce for preliminary review on April 13, 2023, after public hearings before
the Collier County Planning Commission and the Board of County Commissioners; and
WHEREAS, the Department of Commerce reviewed the amendment to the Growth
Management Plan and transmitted its comments in writing to Collier County within the time
provided by law; and
WHEREAS, Collier County has 180 days from receipt of the Comments Report from the
Department of Commerce to adopt, adopt with changes or not adopt the proposed amendment to
the Growth Management Plan; and
221 1 of3
PL20210000660/Golden Gate Area Master Plan Element
10/19/23
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of this amendment, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendment and
other documents, testimony and information presented and made a part of the record at the public
hearings of the Collier County Planning Commission held on October 5, 2023 , and the
Collier County Board of County Commissioners held on November 14. 2023 ; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENT TO THE GOLDEN GATE CITY SUB-
ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN
ELEMENT AND FUTURE LAND USE MAP OF THE GROWTH
MANAGEMENT PLAN
The amendment to the Golden Gate City Sub-Element of the Golden Gate Area Master
Plan Element and Future Land Use Map of the Growth Management Plan, attached hereto as
Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section
163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Commerce.
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 the state land planning agency notifies the local government that the plan
amendment package is complete. 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.
221 2 of 3
PL20210000660/Golden Gate Area Master Plan Element
10/19/23
PASSED AND DsiLY ADOPTED by the Board of County Commissioners of Collier
County, Florida this iLi'day of N c„ (,.- ,yij:;y.„i " , 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZL, CLERK COLLIER COUNTY, FLORIDA
By: By:
Attest as to Ch Irma°* Deputy Clerk Rick LoCastro, Chairman
L. signature only ...,..,, ,.-
,,•
This ordinance filed with the
Svccetary of Stote's Offi,:s.11
I 19 day
Approved as to form and legality:'•-•LL. 1 , and acknowledgement of that
no received this ell day
of NO v aoa- .
Heidi Ashton-Ciao 10-19-23 By r4fre4— .4%
ei.puty Clerk
Managing Assistant County Attorney
Attachment: Exhibit A—Golden Gate City Sub-Element of Golden Gate Area Master Plan
Element and Map
221 3 of'3
PL20210000660 i Golden Gate Area Master Plan Element
10.'19'23
PL20210000660
EXHIBIT A
GOLDEN GATE AREA MASTER PLAN
GOLDEN GATE CITY SUB-ELEMENT
A. GOALS, OBJECTIVES AND POLICIES
GOAL 1:
TO GUIDE LAND USE AND PUBLIC FACILITY DECISION MAKING AND TO BALANCE THE
NEED TO PROVIDE BASIC SERVICES WITH NATURAL RESOURCE CONCERNS THROUGH
A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH ENSURE THE HEALTH,
SAFETY, WELFARE,AND QUALITY OF LIFE OF THE LOCAL RESIDENTS.
OBJECTIVE 1.1:
Develop new or revised uses of land consistent with designations outlined on the Golden Gate
City Future Land Use Map and provisions found in the Land Use Designation Description
Section of this Element.
*** *** *** *** *** text break *** *** *** *** *** ***
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. Commercial Mixed Use by Right Subdistrict
5. Conversion of Commercial by Right Subdistrict
6. Transit Oriented Development Subdistrict
*** *** *** *** *** text break *** *** *** *** *** ***
Policy 1.1.5:
No development orders shall be issued inconsistent with the Golden Gate City Sub-Element with
the exception of those unimproved properties granted a positive determination through the Zoning
Re-evaluation Program and identified on the Future Land Use Map Series as properties
Consistent by Policy and those development orders issued pursuant to conditional uses and
rezones approved based on the County-Wide Future Land Use Element (adopted January 10,
1989, Ordinance 89-05)which was in effect at the time of approval. Any subsequent development
orders shall also be reviewed for consistency with the Growth Management Plan based on the
County-Wide Future Land Use Element.
1 of 5
Words underlined are added;words struck through are deleted.
10/18/23 mrm
PL20210000660
*** *** *** *** *** text break *** *** *** *** *** ***
A. LAND USE DESIGNATION DESCRIPTION SECTION
*** *** *** *** *** text break *** *** *** *** *** ***
1. URBAN DESIGNATION
*** *** *** *** *** text break *** *** *** *** *** ***
A. Urban— Mixed Use District
*** *** *** *** *** text break *** *** *** *** *** ***
a. Urban Residential Subdistrict
All land within the urban mixed-use designation is zoned and platted. However, any parcel to be
rezoned residential is subject to and must be consistent with the Density Rating System.
*** *** *** *** *** text break *** *** *** *** *** ***
4. Commercial Mixed Use by Right Subdistrict
The purpose of this Subdistrict is to encourage the development and redevelopment of certain
commercially zoned properties with a mix of affordable residential units and commercial uses.
The residential uses may be located above commercial uses, in an attached building, or in a
freestanding building. Such mixed-use projects are intended to be developed at a pedestrian-
scale, pedestrian oriented, and interconnected with abutting projects — whether commercial or
residential. This Subdistrict will sunset 5-years from [the adoption date of this Growth
Management Plan amendment], unless extended by the Board of County Commissioners.
Projects utilizing this Subdistrict shall comply with the following standards and criteria:
a. This Subdistrict is applicable to the C-1 through C-5 zoning districts on properties found
to be "consistent by policy" as identified in FLUE Policies 5.12 and 5.13 and depicted on
Map FLUE-10 in the Future Land Use Map series.
b. Commercial uses shall be in accordance with the commercial zoning district on the subject
property. Development standards shall be no less restrictive than those for the commercial
zoning district on the subject property and development in the C-4 District shall not exceed
a zoned height of fifty (50)feet.
c. Residential density is calculated based upon the gross project acreage and shall not
exceed sixteen (16) dwelling units per acre. All residential units must be housing that is
affordable.
d. In the case of residential uses located within a building attached to a commercial building,
or in the case of a freestanding residential building, building square footage and acreage
devoted to residential uses shall not exceed seventy-five percent (75%) of the gross
building square footage and acreage of the project. In the case of a mixed-use building,
building square footage devoted to residential uses shall not exceed seventy-five percent
(75%) of the gross building square footage.
2 of 5
Words underlined are added;words struck through are deleted.
10/18/23 mrm
PL20210000660
e. Street, pedestrian pathway and bike lane interconnections with abutting properties, where
possible and practicable, are encouraged.
f. All development shall comply with applicable portions of Section 4.02.38, of the Land
Development Code, Ordinance No. 04-41, as amended.
*** *** *** * * *** text break
5. Conversion of Commercial by Right Subdistrict
The purpose of this Subdistrict is to encourage the provision of housing that is affordable on
certain properties zoned commercial within portions of the Urban designated area. This
Subdistrict will sunset 5-years from fthe adoption date of this Growth Management Plan
amendment], unless extended by the Board of County Commissioners.
Projects utilizing this Subdistrict shall be allowed up to sixteen (16) residential units per
gross acre, subject to the following:
a. The properties are within the Urban Mixed Use District but are not within the boundaries
of the Downtown Center Commercial Subdistrict.
b. The properties are zoned C-1, C-2 or C-3, as identified in the LDC.
c. The properties have been found consistent by policy, as referenced in Policy 1.1.5 and
as provided for in Future Land Use Element Policies 5.12 and 5.13.
d. Development standards shall be no less restrictive than those for the commercial zoning
district on the subject property.
e. All residential units must be housing that is affordable.
f. There is a commitment by Agreement approved by the County Manager and County
Attorney, or respective designees, that all units shall be maintained affordable in
accordance with Section 2.07.02., and pursuant to Section 4.02.40, of the Land
Development Code, Ordinance No. 04-41, as amended.
g A public facility impacts comparative analysis for vehicle trips, water consumption and
wastewater generation between the proposed project and the highest intensity permitted
use within the commercial zoning district on the subject property, has been submitted,
and approved by staff, that demonstrates the proposed project would have the same or
lesser impacts for all three public facilities.
*** *** *** *** *** text break *** *** *** *** *** ***
6 Transit Oriented Development Subdistrict
The purpose of this subdistrict is to promote high-density residential development along existing
or proposed transit routes of the Collier Area Transit (CAT) system, known as Transit Oriented
Development (TOD), within the Urban Mixed Use District.TODs are further described in the Land
Development Code.As stated in Transportation Element Policy 12.10,TODs may increase transit
ridership thus reduce single occupancy trips and vehicle miles travelled. A TOD project is eligible
for, but not entitled to, thirteen (13)dwelling units per gross acre, subject to paragraphs a. through
f. below. The Density Rating System is not applicable to TODs.
3 of 5
Words underlined are added;words struck through are deleted.
10/18/23 mrm
PL20210000660
A TOD that includes housing that is affordable is eligible for, but not entitled to, up to an additional
twelve (12) dwelling units per acre subject to paragraphs a. through h. below.
a. The TOD must be located along an existing or proposed CAT fixed route.
b. At least one half (1/2) of the proposed dwelling units must be located within one quarter
(' ) mile of an existing CAT stop, shelter or station or the TOD shall commit to providing
said facility within 1/4 mile of those units prior to, or concurrent with, the first residential
Certificate of Occupancy.
c. The TOD must comply with the transit oriented development design standards contained
in Chapter 4 of the LDC.
d. The project site is not within the Downtown Center Commercial Subdistrict.
e. Only residential multi-family dwelling units are allowed.
f. The TOD must be compact and pedestrian oriented.
g, There is a commitment by Ordinance or Agreement approved by the Board of County
Commissioners that all units shall be maintained affordable in accordance with LDC
Section 2.07.02. and pursuant to LDC Section 4.02.42.
h. The maximum density shall not exceed twenty-five (25) dwelling units per gross acre.
*** *** *** *** *** text break *** *** *** *** *** ***
FUTURE LAND USE MAP
Add this text-based Subdistrict (Commercial Mixed Use by Right Subdistrict) in the legend under
the Urban Mixed Use District.
Add this text-based Subdistrict (Conversion of Commercial by Right Subdistrict) in the legend
under the Urban Mixed Use District.
Add this text-based Subdistrict (Transit Oriented Development Subdistrict) in the legend under
the Urban - Mixed Use District.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
4 of 5
Words underlined are added;words ctruck through are deleted.
10/18/23 mrm
PL20210000660
EXHIBIT"A"
GOLDEN GATE CITY FUTURE LAND USE MAP
Legend
GREEN BLVD
Category
Cteiden Gate Urban Ce ran erch Irate Suoest err
MIN Gaut Blvd Cam. reel Seoc kvitt
tAwrwaxn Center Commercial Subdsrckct
Center BPrd G smmercia€ tlbdistrlGt
`ants Barbaro Commerce:Sebeetid
Vibart Reseeotal Slbdatnet
®M.ed Ube acii.ir)Center suwrot4n
C.-en em a,hefted use by Right SW rietna Downtown Centel
Con erewr aComnwdmby Rights.atotetne Commercial Subdistrict
Iron oft t°reted Development StredtoG `�""�
0 5001 000 2,000 3,000 m •
in
Feet 0
g Mixed Use Activity s
to a op
Subdistrict
vi a
cc
co
al
z z v
Q
Golden Gate Urban Cornrneroiai'
infill Subdistrict
Santa Barbara Ktn
Commercial Subdistrict
GOLDEN GATE PKY -..,�
GOLEN bleE CITY FUTURE tyVLzM Mb
ApbeyED.s_=TE24bEa 2420'2
Downtown Cerlier
Commercial Subdistrict
:w.w 2max;,
R 28 E
5 of 5
Words underlined are added;words struck through are deleted.
10/18/23 mrm
it
J ,
I
YL --41V
q
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. 2023-56, 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.com.
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