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Agenda 04/09/2024 Item #11A (Review and approve staff's administrative application process for projects intending to utilize the allowances per Live Local Act)04/09/2024 Recommendation to have the Board of County Commissioners review and approve Staff’s administrative application process for projects intending to utilize the allowances per Florida Statute 125.01055(7)(a), the Live Local Act. _________________________________________________________________________________ OBJECTIVE: To have the Board of County Commissioners (BCC) review Staff’s administrative application process developed to address projects submitted under the Live Local Act (Act) per F.S.125.01055(7)(a); staff is seeking concurrence from the BCC on the administrative application process established as described below, modifications as appropriate and direction on eligibility, allowed density, allowed height, and development standards under the Act. CONSIDERATIONS: The application process includes a Zoning Verification Letter (ZVL) request indicating the intent to utilize the provisions of the Live Local Statutes. Staff reviews the ZVL request in relation to the Statutes listed below for compliance and provides an analysis. Staff has issued several ZVLs identifying Live Local projects (two issued ZVL have been provided as attachments), and to date, one Site Development Plan (SDP) application (PL2023-1475 “Naples Greenway”) has been submitted utilizing the provisions of the Live Local Statutes. As part of the process, Staff will send the ZVL to the County Attorney’s office for review and approval prior to releasing the ZVL. Chapter 2023-17, Laws of Florida, contains the Live Local Act adopted in 2023. The portion of the Act applicable to zoning was codified in Florida Statutes Section 125.01055. Eligibility: Florida Statutes Section 125.01055(7)(a) provides in part: (7)(a) A county must authorize multifamily and mixed-use residential as allowable uses in any area zoned for commercial, industrial, or mixed-use if at least 40 percent of the residential units in a proposed multifamily rental development are, for a period of at least 30 years, affordable as defined in s. 420.0004. Staff interpretation: “zoned for commercial, industrial, or mixed-use” includes C-1 through C-5, Travel Trailer and Recreational Vehicles (TTRV), Industrial (I), Business Park (BP), and the following Planned Unit Development Zoning Districts: CPUD, IPUD, and commercial or industrial tracts of a Mixed-Use Planned Unit Development (MPUD). For example, the NC Square MPUD was created by Ordinance No. 2021-18, to allow development on a commercial area and a residential area. Staff’s opinion is the commercial area is eligible for multi-family development under Live Local if the affordable housing criteria are met under s.420.0004. Density: Florida Statutes Section 125.01055(7)(b) provides: (7)(b) A county may not restrict the density of a proposed development authorized under this subsectio n below the highest allowed density on any unincorporated land in the county where residential development is allowed. Staff interpretation: “highest allowed density… in the county where residential development is allowed.” In the Mini-Triangle Mixed Use Planned Unit Development Ordinance No. 2022-36 (Growth Management Plan Amendment (GMPA) Ordinance No.2022-37), 91.77 units per acre are allowed. Height: Florida Statutes Section 125.01055(7)(c) provides: (7)(c) A county may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed height for a commercial or residential development located in its jurisdiction within 1 mile of the proposed development or 3 stories, whichever is higher. Staff interpretation: Staff measures one mile from the proposed development to identify allowed height in commercial and residential developments, including developments zoned Residential Single Family (RSF), Residential Multi-Family (RMF) 6, RMF-12, RMF-16, Residential Tourist, Village Residential (VR), Mobil Home (MH), RPUD, residential tracts of MPUDs, C-1 through C-5, TTRV, CPUD and commercial tracts of MPUDs. 11.A Packet Pg. 211 04/09/2024 Approval Process: Florida Statutes Section 125.01055(7)(d) provides: (7)(d) A proposed development authorized under this subsection must be administratively approved and no further action by the Board of County Commissioners is required if the development satisfies the county’s land development regulations for multifamily developments in areas zoned for such use and is otherwise consistent with the comprehensive plan, with the exception of provisions establishing allowable densities, height, and land use. Such land development regulations include, but are not limited to, regulations relating to setbacks and p arking requirements. Staff interpretation: The RMF-16 Zoning District in the Land Development Code (LDC) is most similar to the density associated with a Live Local Act project, and the development standards associated with the RMF-16 must be satisfied, as well as all other LDC requirements associated with a residential SDP application. For RMF-16: The front and rear yard setbacks are 50% of the building height but not less than 30 feet; the side yard setback is 50% of the building height but not less than 15 feet. Parking: Florida Statutes Section 125.01055(7)(e) provides: (7)(e) A county must consider reducing parking requirements for a proposed development authorized under this subsection if the development is located within one-half mile of a major transit stop, as defined in the county’s land development code, and the major transit stop is accessible from the development. Staff interpretation: The only form of mass transit available throughout the county is the Collier Area Transit (CAT). A review of the definitions in the County’s LDC does not yield a clear definition for a major transit stop; thus, staff has interpreted that this constitutes a bus stop location on a CAT route that either has a covered bench structure or is the intersection of two or more major bus routes. Alternatively, the applicant has the right to apply for an administrative parking reduction, which would provide justification for the reduction. In either case, the County must consider the requested parking reduction based upon the evidence within the application, but the County is not required to grant the request. Also, Staff received a question related to density allocated to an MPUD in a recent zoning verification letter and is seeking concurrence from the BCC. The question raised in the ZVL application is: The Live Local Act authorizes residential density on properties that have no entitlement for residential uses or density. Please confirm that the use of the Live Local Act for the development of multi-family units on property designated Business Tract in the Hacienda Lakes MPUD will not reduce or extinguish the approved density in the Hacienda Lakes MPUD. Staff interpretation: Due to the fact that the density allocated to a project utilizing the Live Local Act is established by F.S Section 125.01055 and not through the PUD, Staff would opine that the density of a Live Local project would not reduce or extinguish density approved and allocated to the MPUD. Further, the PUD does not authorize residential density within the commercial or industrial areas of the PUD, another factor that does not support subtracting density from the PUD for a Live Local project. Finally, if another individual owned the commercial component of the PUD rather than the one developing the residential tract, the Live Local project could use all of the approved density, leaving the owner of the residential tract with no units to develop, although the PUD authorizes residential development. For these reasons, Staff does not support the interpretation of subtracting the density of a PUD if a Live Local project was developed within the Industrial or Commercial portions of the PUD. It should be noted that the State Legislature, through Senate Bill 328 approved changes to the application of the Live Local Act. Those changes are scheduled to be effective the second week of May. Staff will bring an executive summary highlighting the adopted changes and seek further direction on the application of those changes 11.A Packet Pg. 212 04/09/2024 from the Board. FISCAL IMPACT: The fiscal implications regarding the application of the Live Local Act are unknown at this time. While all applications of the Concurrency Management system are applicable to all Site Development Plans processed under the Live Local Act, proportionate share payments f or required improvements may prove insufficient for the total cost of an individual project. GROWTH MANAGEMENT IMPACT: The Live Local Act requires that, with the exception of density, height, and land use described in the Act, the project must satisfy all requirements of the GMP, and with the exception noted for density, the utilization of the Live Local Act will not impact the GMP. LEGAL CONSIDERATIONS. Most counties have taken a conservation approach when interpreting the Live Local Act. The County Attorney’s opinion differs from staff’s interpretation. The County Attorney has opined that the Live Local Act (2023) does not apply to Planned Unit Developments. This item is approved as to form and legality and requires a majority vote for Board action. (HFAC) RECOMMENDATION: To affirm Staff’s administrative application process of issuing ZVLs to address eligibility, density, and development standards for projects submitted per F.S.125.01055(7)(a), the Live Local Act, and affirm staff’s interpretation of the review criteria. Prepared by: Mike Bosi - Division Director - Planning & Zoning ATTACHMENT(S) 1. Attachment-A- ZLTR NC square PUD Live Local Determ (PDF) 2. PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (PDF) 3. Senate Bill 328 Live Local (PDF) 11.A Packet Pg. 213 04/09/2024 COLLIER COUNTY Board of County Commissioners Item Number: 11.A Doc ID: 28194 Item Summary: Recommendation to have the Board of County Commissioners review and approve Staff’s administrative application process for projects intending to utilize the allowances per Florida Statute 125.01055(7)(a), the Live Local Act. (Mike Bozi - Planning & Zoning Director) Meeting Date: 04/09/2024 Prepared by: Title: Zoning Director – Zoning Name: Mike Bosi 03/12/2024 12:46 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 03/12/2024 12:46 PM Approved By: Review: Growth Management Community Development Department Diane Lynch GMD Approver Completed 03/12/2024 12:49 PM Zoning Mike Bosi Division Director Completed 03/12/2024 2:42 PM Zoning Ray Bellows Additional Reviewer Completed 03/12/2024 4:51 PM Development Review Cormac Giblin GMCDD Reviewer Completed 03/15/2024 9:59 AM Unknown Jaime Cook GMCDD Reviewer Completed 03/19/2024 9:33 AM Growth Management Community Development Department James C French Growth Management Completed 04/01/2024 9:53 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 04/01/2024 2:14 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/01/2024 2:28 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/01/2024 3:12 PM Office of Management and Budget Laura Zautcke OMB Reviewer Completed 04/02/2024 9:47 AM County Manager's Office Ed Finn Level 4 County Manager Review Completed 04/03/2024 3:25 PM Board of County Commissioners Geoffrey Willig Meeting Pending 04/09/2024 9:00 AM 11.A Packet Pg. 214 Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliercountyfl.gov August 7, 2023 Noel J. Davies, Esq. Davies Duke PLLC 1415 Panther Ln Suite 442 Naples, FL 34109 ZLTR- PL20230011361; Zoning Verification Letter for vacant property located at the southwest corner on Immokalee Rd and Catawba St approximately 1.6 miles west of Wilson Blvd. in Section 29, Township 48, Range 27 of unincorporated Collier County, Florida. Property ID/Folio Numbers: 00214000003 & 00214160008 comprising of +/-24.4 acres. To whom it may concern, This letter is in response to a Zoning Verification Letter (ZLTR) Application that you submitted on or about June 7th. The applicant has requested verification of the questions listed below in bold print, which are followed by Staff’s responses. Questions: 1. Please confirm that the subject property qualifies for the LIVE LOCAL ACT. According to the “Live Local Act” (SB102.7(a)) “A county must authorize multi-family and mixed- use residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multi-family rental development, for a period of at least 30 years, affordable as defined ins. 420.0004.” The subject property was rezoned to the existing NC square MPUD in 2021 under Ord. 21-18. The subject PUD consists of a Residential and a commercial area according to the master plan map, t herefore staff can conclude that multi- family development is permitted on the commercial portion of the subject property if the affordable housing criteria is met as defined in ins. 420.0004. 2. Please confirm the number of maximum permissible housing units, including density. In regard to density (SB1027(b)) states” A county may not restrict the density of a proposed development authorized under this subsection below the highest allowed density on any unincorporated land in the county where residential development is allowed.” In review of county records staff was able to locate a growth management plan amendment (GMPA) for the Mini- triangle PUD (Ord. 22-37) that permits for 91.77 units per acre making the subject sight eligible for the same density. 3. Please confirm maximum permissible height. Lastly, (SB102.7(c)) states “A county may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed height for a commercial or residential development located in its jurisdiction within 1 mile of the proposed development or 3 stories, whichever is higher.” A review of adjacent zoning districts within a mile of the subject property shows that the Golf Club of the Everglades PUD (Ord. 15-21) has the highest allowed height at 55ft. Furthermore, staff would like to note that (SB102.7(d)) states that “A proposed development authorized under this subsection must be administratively approved and no further action by the board of county commissioners is required if the development satisfies the county’s land development regulations for multifamily developments in areas zoned for such use and is otherwise 11.A.1 Packet Pg. 215 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliercountyfl.gov Zoning Verification Letter ZLTR- PL20230011361 Page 2 of 2 consistent with the comprehensive plan, with the exception of provisions establishing allowable densities, height, and land use.” Based on this information zoning staff has determined that all RMF-16 development standards except for density and height will apply to the portion o f the project taking advantage of the Live Local Act. The information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination, you may request an Official Interpretation by the Zoning Director of the provisions of the Land Development Code pursuant to Sections 1.06.01.A and 10.02.02.F.1 of that Code. The fee for an Official Interpretation is identified in the most recent GMD Fee Schedule Resolution as approved by the Board of County Commissioners. To obtain copies of any document referenced herein, please contact GMD Records Section at (239)252-5730. The LDC may be viewed online at www.municode.com / Municode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of Court’s website, www.collierclerk.com / Records Search / BMR Records / Boards, Minutes, Records / BMR Validated Ordinances. Disclaimer: Issuance of a development permit by the County does not 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. All other applicable state or federal permits must be obtained before commencement of the development. Should you require additional information, please do not hesitate to call my office at (239) 252-2471. Researched and prepared by: Reviewed by: Parker Klopf, Planner Raymond Bellows, Zoning Manager Zoning Services Section Zoning Services Section Mike Bosi, Zoning Director Zoning Services Section. 11.A.1 Packet Pg. 216 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) 7/26/23, 1:58 PM Collier County Property Appraiser https://www.collierappraiser.com 1/1 $ 8,200,000 $ 2,400,000 $ 1,200,000 $ 0 $ 40,000 $ 25,000 $ 1,615,500 $ 0 $ 1,615,500 $ 920,476 $ 695,024 $ 1,615,500 $ 695,024 Collier County Proper ty AppraiserProperty Summar y Parcel No 00214000003 Site Address*Disclaimer Site City NAPLES Site Zone*Note 34120 Name / Address HAA CAPITAL LLC 2055 TRADE CENTER WAY City NAPLES State FL Zip 34109 Map No.Strap No.Section Township Range Acres *Estimated 3C29 000100 082 03C29 29 48 27 7.18 Legal 29 48 27 NE1/4 OF NE1/4 OF NW1/4, LESS N 100FT SR-846 LESS OR 3302 PG 3221 Millage Area 295 Millage Rates *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 99 - ACREAGE NOT ZONED AGRICULTURAL 4.459 7.8455 12.3045 Latest Sales Histor y (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 05/17/22 6130-2672 07/09/18 5534-851 05/16/16 5275-1538 03/01/87 1257-904 10/01/81 944-641 06/01/81 925-951 2022 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Non-Homestead Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after the Final Tax Roll 11.A.1 Packet Pg. 217 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) 7/26/23, 1:58 PM Collier County Property Appraiser https://www.collierappraiser.com 1/1 Collier County Proper ty AppraiserProperty Aerial Parcel No 00214000003 Site Address*Disclaimer Site City NAPLES Site Zone*Note 34120 Open GIS in a New Window with More Features. 11.A.1 Packet Pg. 218 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) 7/26/23, 1:59 PM Collier County Property Appraiser https://www.collierappraiser.com 1/1 $ 8,200,000 $ 2,400,000 $ 1,200,000 $ 0 $ 65,000 $ 3,899,250 $ 0 $ 3,899,250 $ 2,221,706 $ 1,677,544 $ 3,899,250 $ 1,677,544 Collier County Proper ty AppraiserProperty Summar y Parcel No 00214160008 Site Address*Disclaimer Site City NAPLES Site Zone*Note 34120 Name / Address HAA CAPITAL LLC 2055 TRADE CENTER WAY City NAPLES State FL Zip 34109 Map No.Strap No.Section Township Range Acres *Estimated 3C29 000100 086 03C29 29 48 27 17.33 Legal 29 48 27 W1/2 OF NE1/4 OF NW1/4, LESS N 100FT R/W LESS OR 3302 PG 3221 Millage Area 295 Millage Rates *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 99 - ACREAGE NOT ZONED AGRICULTURAL 4.459 7.8455 12.3045 Latest Sales Histor y (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 05/17/22 6130-2672 07/09/18 5534-851 05/16/16 5275-1538 03/01/87 1257-906 01/01/82 953-333 2022 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Non-Homestead Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after the Final Tax Roll 11.A.1 Packet Pg. 219 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) 7/26/23, 1:59 PM Collier County Property Appraiser https://www.collierappraiser.com 1/1 Collier County Proper ty AppraiserProperty Aerial Parcel No 00214160008 Site Address*Disclaimer Site City NAPLES Site Zone*Note 34120 Open GIS in a New Window with More Features. 11.A.1 Packet Pg. 220 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) 29 I M M O K A L E E R O A D (C .R . 8 4 6 ) 3 0 2 9 CATAWBA ST.MAVERICK LANEN O N A M E L A N E C Y P R E S S S T R E E T DE E R R U N L A N E M I N G O D R I V E30 29 29 C A N A L C A N A L I M M O K A L E E R O A D (C .R . 8 4 6 ) D R A G O N L A N E C A N N O N B O U L E VA R DorRIVERS ROADMOULDER DRIVERICHARDS STREETKRAPE ROADR A M S E Y S U N D A N C E R O A D A -M H O1,2,5PU"g"330 30 1,2,5A-M H O A -M H O 6 7cu 8cu cu 9,12 cu 10 2 2 2 cu 11,14 cu 13 LIVING WOR D 15MPUD FAMILY CH UR C H 1 1 1 1 3 1 1 1 1 1 1 1 1 1cu16 M P U D NC S QUA RE 17, 2 1 1 1 122 22 21 2 3 21 23 3 3 2 1 3 3 1 31 1 3 1 3 SUNFLOWER LANE DA P HNECOURTCO RO NA DO WAY PEONY TERRACE FREESIATERRACE P E R IW IN K L E D R IV ETRACT OS4TRACT L2 TRACT L1 TRACT L3 TRACT L7 TRACT L5 TRACT L9 TRACT L8 TRACT L10 TRACT L23 TRACT A TR AC T OS 2 TRACTOS11TRACT OS1 TRACT OS3 TRACT OS6TRACT OS7TRACTOS9 TRACTOS11TRACT OS12TRACT OS13TRACTOS15TRACT P1 TRACTP2 TRACTL4 TRACT L6 M AJESTICTRAILSBOULEVARDJ ASPER COURTTRACT P3 TR AC T R1 TRACT OS5TRACTOS16123456 7 8 9 1 01112131439 38373635343332 302928 27 262524 2322212019 1817161540414243444546474 8 49 5051525354555657 5859 6 0 616263646566676869707172737475767778798081828384858687888990 9293949596979899100101102103104105106107108109110111112113114115116117118119120121122 123124125126 127 1281 29130131132133134135136137138139140141142143144145148149150151152147153154155156157158159160161162163164165166167168169170171172173174 175176 177178 17918 118218318418518618718831 911891901911921931941951961971981992002012022032042052 0 6 2 0 7 2 0 8 2 1 0 2 1 1 2 1 2213214215216 21721821922026626526426326226126025925 82572 5 5 2 5 4 2 5 3 2 5 2 2 5 1 2 5 0 249 248 247 245 244 243 242 241 240 239 238 237 236 2 3 52342332322312302292282832842852862872882 9 0 291 292293294295296297298299267268269270271272275 2762772782792802812822 0 9 289274273146 180221222223225224226227246 2 5 6 300301JAC AR AN DA D RI VE TR AC T O S 11 TRACT P1 DR AK E L N HYDRANGEA PL404 405 403402401400399398397 395 394393 392 391 390389388387386385384383382381380 379378377376375374373372 371 370369368367366365364363362361360359358357356355354353352351350349348347346345344343342341340339338337 336335334333332331330329328327326325324323322 321320319318317 316315314313 312311310309308307306305304303302396 TRACT OS8TRACT L11 TRACTOS18 TRACT OS17 GARDENIA AVEGARDENIA AVE TRACT L12 TRACT P4 TRACTP6 TRACTP7TRACT L14 TRACT L16TRACT L15 TRACT OS19MAJESTICTRAILSBLVD TRACTOS21TRACT OS23TRACTOS24 TRACTOS25 TRACTOS27 TRACT OS26 TRACT OS20 552 562 553 563 546556 564 547557 565 558 566 549 559 567 550560 570 561 571 554 541555 542543536544537545538539540464463465462407406408409460 461 459 458 457 455 456 444 439 443 441 442 440 435436438 434433 432 427 426430437 429 431 428425 424421423420422416417418414415411419412410413 479 475480 478 577575477 573476 576581572569 568 574579580578548551 MIMOSA STDATURA PLOLEANDER AVE EUCALYPTUS WAYA Z A L E A WA Y LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 48S RNG 27E SEC(S) 29 & 30 MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$NO. NAME P.B. Pg.11121314151617181920 872930 8732N8625N GGE04B482728 The Historic/Archaeological Probability Maps are the officialCounty source designating historic or archaeologic resources.NO. NAME P.B. Pg.1 BRENTWOOD LAKES - PLAT ONE 67 68-832 VALENCIA TRAILS NAPLES - PLAT TWO 69 59-623 VALENCIA TRAILS NAPLES - PLAT THREE 70 71-7845678910 ZONING NOTES1 4-20-82 R-82-2-I2 LDC-913 10-22-91 PU-91-13 91-7484 5 5-23-95 R-95-2 95-386 3-10-98 R-97-11 98-177 4-13-99 CU-99-1 99-2008 10-26-99 CU-99-12 99-3989 10-22-02 CU-02-AR-1943 02-43510 12-2-03 CU-03-AR-3906 03-42711 1-10-06 CU-05-AR-7749 06-0312 1-24-06 CUE-05-AR-8568 06-2113 1-13-09 CU-08-AR-13060 09-514 9-15-09 CUE-08-AR-13803 09-21315 10-22-13 PUDZ-PL-11-762 13-6016 10-23-20 CU-PL-19-1369 HEX 20-2017 4-27-21 PUDZ-PL-18-2234 21-18THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON.ZONING OVERLAY NOTESOVERLAYS CREATED BYLDC ORD. No. 04-08 1-7-042 RFMUO-RECEIVING LANDS0 800 SCALE 8720S 8625S8731N1/7/202211.A.1 Packet Pg. 221 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) NC SQUARE COLLIER COUNTY NC SQUARE MPUD- 1-MILE RADIUS MAP C:\Users\jharrelson\Desktop\2023-08-14-JHarrelson_Radius_Map.mxd Date Saved: 8/14/2023 PROJECT: NOTES:2600 GOLDEN GATE PARKWAYNAPLES, FL 34105 CLIENT: LOCATION: EXHIBIT DESC: ¯ IMMOKALEE RD IMMOKALEE RD Legend NC SQUARE MPUD 1-MILE BUFFER GOLF CLUB OF THE EVERGLADES RPUD LIVING WORD CHURCH MPUD ESTATES A-MHO IMMOKALEE SQUARE, LLC 11.A.1 Packet Pg. 222 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er Page 12 of 95 CODING: Words stricken are deletions; words underlined are additions. as at least 10 percent of the units included in the project are 320 for housing that is affordable and the developer of the project 321 agrees not to apply for or receive funding under s. 420.5087. 322 The provisions of this subsection are self-executing and do not 323 require the board of county commissioners to adopt an ordinance 324 or a regulation before using the approval process in this 325 subsection. 326 (7)(a) A county must authorize multifamily and mixed-use 327 residential as allowable uses in any area zoned for commercial, 328 industrial, or mixed use if at least 40 percent of the 329 residential units in a proposed multifamily rental development 330 are, for a period of at least 30 years, affordable as defined in 331 s. 420.0004. Notwithstanding any other law, local ordinance, or 332 regulation to the contrary, a county may not require a proposed 333 multifamily development to obtain a zoning or land use change, 334 special exception, conditional use approval, variance, or 335 comprehensive plan amendment for the building height, zoning, 336 and densities authorized under this subsection. For mixed-use 337 residential projects, at least 65 percent of the total square 338 footage must be used for residential purposes. 339 (b) A county may not restrict the density of a proposed 340 development authorized under this subsection below the highest 341 allowed density on any unincorporated land in the county where 342 residential development is allowed. 343 (c) A county may not restrict the height of a proposed 344 development authorized under this subsection below the highest 345 currently allowed height for a commercial or residential 346 development located in its jurisdiction within 1 mile of the 347 proposed development or 3 stories, whichever is higher. 348 11.A.1 Packet Pg. 223 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er Page 13 of 95 CODING: Words stricken are deletions; words underlined are additions. (d) A proposed development authorized under this subsection 349 must be administratively approved and no further action by the 350 board of county commissioners is required if the development 351 satisfies the county’s land development regulations for 352 multifamily developments in areas zoned for such use and is 353 otherwise consistent with the comprehensive plan, with the 354 exception of provisions establishing allowable densities, 355 height, and land use. Such land development regulations include, 356 but are not limited to, regulations relating to setbacks and 357 parking requirements. 358 (e) A county must consider reducing parking requirements 359 for a proposed development authorized under this subsection if 360 the development is located within one-half mile of a major 361 transit stop, as defined in the county’s land development code, 362 and the major transit stop is accessible from the development. 363 (f) For proposed multifamily developments in an 364 unincorporated area zoned for commercial or industrial use which 365 is within the boundaries of a multicounty independent special 366 district that was created to provide municipal services and is 367 not authorized to levy ad valorem taxes, and less than 20 368 percent of the land area within such district is designated for 369 commercial or industrial use, a county must authorize, as 370 provided in this subsection, such development only if the 371 development is mixed-use residential. 372 (g) Except as otherwise provided in this subsection, a 373 development authorized under this subsection must comply with 374 all applicable state and local laws and regulations. 375 (h) This subsection does not apply to property defined as 376 recreational and commercial working waterfront in s. 377 11.A.1 Packet Pg. 224 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er Page 14 of 95 CODING: Words stricken are deletions; words underlined are additions. 342.201(2)(b) in any area zoned as industrial. 378 (i) This subsection expires October 1, 2033. 379 Section 4. Section 125.379, Florida Statutes, is amended to 380 read: 381 125.379 Disposition of county property for affordable 382 housing.— 383 (1) By October 1, 2023 July 1, 2007, and every 3 years 384 thereafter, each county shall prepare an inventory list of all 385 real property within its jurisdiction to which the county or any 386 dependent special district within its boundaries holds fee 387 simple title which that is appropriate for use as affordable 388 housing. The inventory list must include the address and legal 389 description of each such real property and specify whether the 390 property is vacant or improved. The governing body of the county 391 must review the inventory list at a public hearing and may 392 revise it at the conclusion of the public hearing. The governing 393 body of the county shall adopt a resolution that includes an 394 inventory list of such property following the public hearing. 395 Each county shall make the inventory list publicly available on 396 its website to encourage potential development. 397 (2) The properties identified as appropriate for use as 398 affordable housing on the inventory list adopted by the county 399 may be used for affordable housing through a long-term land 400 lease requiring the development and maintenance of affordable 401 housing, offered for sale and the proceeds used to purchase land 402 for the development of affordable housing or to increase the 403 local government fund earmarked for affordable housing, or may 404 be sold with a restriction that requires the development of the 405 property as permanent affordable housing, or may be donated to a 406 11.A.1 Packet Pg. 225 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) ORDINANCE NO. 2021- 1 8 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURAL ZONING DISTRICT WITHIN THE MOBILE HOME OVERLAY AND THE RURAL FRINGE MIXED USE DISTRICT OVERLAY-RECEIVING LANDS TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) WITHIN THE RURAL FRINGE MIXED USE DISTRICT OVERLAY-RECEIVING LANDS FOR A PROJECT KNOWN AS NC SQUARE MPUD, TO ALLOW UP TO 44,400 SQUARE FEET OF COMMERCIAL USES, A 12,000 SQUARE FOOT DAYCARE, AND A MINIMUM OF 120 AND MAXIMUM OF 129 DWELLING UNITS WITH AN AFFORDABLE HOUSING AGREEMENT. THE PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD AND CATAWBA STREET APPROXIMATELY 1.6 MILES WEST OF WILSON BOULEVARD IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.4± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL20180002234) WHEREAS, Jessica Harrelson of Davidson Engineering and Noel Davies, Esquire of Quarles & Brady, P.A., representing Immokalee Square, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 19-CPS-01870/1616165/1]194 NC Square PUDZ/PL20180002234 Page 1 of 2 3/24/21 11.A.1 Packet Pg. 226 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) SECTION ONE: The zoning classification of the herein described real property located in Section 29, Township 49 South, Range 27 East, Collier County, Florida, is changed from a Rural Agricultural Zoning District within the Mobile Home Overlay and the Rural Fringe Mixed Use District Overlay-Receiving Lands to the Mixed Use Planned Unit Development (MPUD) Zoning District within the Rural Fringe Mixed Use District Overlay-Receiving Lands for a project known as the NC Square MPUD, in accordance with Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. 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. 2021-17 becomes effective. PASSED AND DULY ADOPTED by super-majority Apr : vote of the Board of County Commissioners of Collier County, Florida, this JR day of it p r ; I 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER OUNTY, FLORIDA towidtAdsA eiuutac k BY: i Attest as to Chairnian's Deputy Clerk P aylo hairman signature only. Appr ved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: This ordinance filed with the Exhibit A -List of Permitted Uses sear-tory of S tz's Offic,,a_ ti_c Exhibit B -Development Standards Q of Gr bi'1 Exhibit C-Master Plan and acknowfe l<ern it thfit Exhibit D-Legal Description filin. received this `4--- d=y Exhibit E-List of Deviations of Exhibit F - List of Developer Commitments 41;D cury C a i 19-CPS-01870/1616165/1]194 NC Square PUDZ/PL20180002234 Page 2 of 2 3/24/21 11.A.1 Packet Pg. 227 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) EXHIBIT A LIST OF PERMITTED USES Regulations for development of the NC Square MPUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan SDP) or Plat. MAXIMUM INTENSITY: A minimum of 120 residential units, not to exceed a maximum of 129 residential units, 44,400 square feet of commercial land uses and a 12,000 square feet day care, limited to 250 students, shall be permitted within this MPUD. The uses are subject to the trip cap identified in Exhibit F of this MPUD. Residential density shall be subject to an Affordable Housing Agreement between the Owner and Collier County. PERMITTED USES: 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. PRINCIPAL USES—COMMERCIAL TRACT: All permitted principal and conditional uses listed within the C-1 'Commercial Professional and General Office District' through the C-2 'Commercial Convenience District', and the following limited uses, permitted within the C-3 'Commercial Intermediate District': 1. Amusement and recreation services, indoor (SIC 7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only) 2. Animal specialty services, except veterinary(SIC 0752, excluding outside kenneling) 3. Apparel and accessory stores(SIC 5611-5699)with 5,000 square feet or less of gross floor area in the principal structure 4. Auto and home supply stores (SIC 5531) with 5,000 square feet or less of gross floor area in the principal structure 5. Business associations (SIC 8611) 6. Business services — miscellaneous (SIC 7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bondspersons, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, process serving services, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, NC Square MPUD PUDZ- PL20180002234 March 24, 2021 11.A.1 Packet Pg. 228 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) sponging textiles, swimming pool cleaning, tape slitting, tax collection agencies, texture designers, textile folding, tobacco sheeting,window trimming, and yacht broker) 7. Drug stores (SIC 5912) 8. Eating places (SIC 5812) with 6,000 square feet or less in gross floor area in the principal structure. 9. Essential services, subject to LDC Section 2.01.03 10. Food stores (SIC 5411-5499, except poultry dealers) with greater than 5,000 square feet or less of gross floor area in the principal structure 11. General merchandise stores (SIC 5331-5399, except salvage stores and surplus stores) with 5,000 square feet or less of gross floor area in the principal structure 12. Health services, offices and clinics (SIC 8011-8049, 8071, 8092, 8099, except for blood banks, blood donor stations, plasmapheresis centers and sperm banks) 13. Home furniture and furnishings stores(SIC 5713-5719)with 5,000 square feet or less of gross floor area in the principal structure 14. Household appliance stores(SIC 5722)with 5,000 square feet or less of gross floor area in the principal structure 15. Insurance carriers, agents and brokers (SIC 6311-6399, except health insurance for pets, 6411) 16. Laundries, family and commercial (SIC 7211) 17. Membership organizations, miscellaneous (SIC 8699) 18. Musical instrument stores (SIC 5736) with 5,000 square feet or less of gross floor area in the principal structure 19. Paint stores (SIC 5231) with 5,000 square feet or less of gross floor area in the principal structure 20. Personal services, miscellaneous (SIC 7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only)with 5,000 square feet or less of gross floor area in the principal structure 21. Personnel supply services (SIC 7361 and 7363) 22. Physical fitness facilities (SIC 7991; 7911, except discotheques) 23. Political organizations (SIC 8651) 24. Radio,television and consumer electronics stores (SIC 5731) with 5,000 square feet or less of gross floor area in the principal structure 25. Repair services—miscellaneous(SIC 7629-7361,7699-bicycle repair, binocular repair,camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only) 26. Retail nurseries, lawn and garden supply stores (SIC 5261) with 5,000 square feet or less of gross floor area in the principal structure. 27. Retail services - miscellaneous (SIC 5921-5963 except pawnshops and building materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools,tombstones and whirlpool baths)with 5,000 square feet or less of gross floor area in the principal structure NC Square MPUD PUDZ- PL20180002234 March 24, 2021 2 11.A.1 Packet Pg. 229 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) 28. Vocational schools (SIC 8243-8299, except automobile driving instruction, charm schools, charm and modeling finishing schools, flying instruction, hypnosis schools, survival schools and truck driving schools. Music and drama schools shall be limited to 60 decibels audible from outside.) B. PROHIBITED USES—COMMERCIAL TRACT 1. Gasoline service stations (SIC 5541) 2. Stand-alone drive-through restaurants (SIC 5812) 3. Homeless shelters 4. Soup kitchens C. ACCESSORY USES—COMMERCIAL TRACT 1. Outdoor playground associated with Child Care Services(not to exceed 5,000 square feet) 2. Accessory uses and structures customarily associated with the permitted principal uses and structures D. PERMITTED USES- RESIDENTIAL TRACT 1. Multi-Family dwellings 2. Townhouse dwellings 3. Model homes/model sales or leasing offices 4. 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 E. ACCESSORY USES—RESIDENTIAL TRACT 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Recreational facilities, such as swimming pools and playgrounds b. Garages c. Screened enclosures F. PERMITTED USES—PRESERVE TRACT 1. Preservation 2. Water management, as allowed by the LDC 3. Passive uses, as per LDC requirements 4. Uses subject to LDC section Allowable uses within County required preserves NC Square MPUD PUDZ- PL20180002234 March 24, 2021 3 11.A.1 Packet Pg. 230 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) 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 COMMERCIAL 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 Immokalee Road ROW 50 feet 25 feet From Catawba Street ROW 50 feet 20 feet From the Western Commercial Tract Boundary 30 feet 15 feet From Southern PUD Boundary 30 feet 15 feet MINIMUM YARDS (INTERNAL) Internal Drives 15 feet 15 feet Measured from back of curb) Lakes (measured from the Lake Maintenance 5 feet 5 feet Easement) Preserve 25 feet 10 feet MINIMUM DISTANCE BETWEEN STRUCTURES 10 feet 10 feet MAXIMUM HEIGHT Zoned 35 feet 35 feet Actual 42 feet 42 feet MINIMUM FLOOR AREA N/A 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. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 4 11.A.1 Packet Pg. 231 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) TABLE II RESIDENTIAL DEVELOPMENT STANDARDS TOWNHOUSE MULTI-FAMILY ACCESSORY USES PER UNIT) MINIMUM LOT AREA 1,200 square feet N/A N/A MINIMUM LOT WIDTH 20 feet N/A N/A MINIMUM LOT DEPTH 50 feet N/A N/A MINIMUM YARDS (EXTERNAL) From Immokalee Road ROW 200 feet 200 feet 25 feet From Eastern Residential Tract Boundary 30 feet 30 feet 20 feet From Western PUD Boundary 30 feet 30 feet 15 feet MINIMUM YARDS (INTERNAL) Internal Drives 15 feet1 15 feet 15 feet Measured from the back of curb) Lakes (measured from the Lake 5 feet 5 feet 5 feet Maintenance Easement) Preserve 25 feet 25 feet 10 feet Front 20 feet1 20 feet 10 feet Side 10 feet 10 feet 10 feet Rear 10 feet 10 feet 5 feet MINIMUM DISTANCE BETWEEN 10 feet 25 feet 10 feet STRUCTURES MAXIMUM HEIGHT Zoned 35 feet 40 feet 35 feet Actual 42 feet 47 feet 42 feet 800 square feet 700 square feet N/A MINIMUM FLOOR AREA per unit per unit 1 Townhouse front entry garages shall be setback a minimum of 23 feet from the back of sidewalks. 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. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 5 11.A.1 Packet Pg. 232 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) EXHIBIT C PUD MASTER PLAN NC Square MPUD PUDZ- PL20180002234 March 24, 2021 6 11.A.1 Packet Pg. 233 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) u Z z w ctin Q wo o fx Wmw z H W w O 11 ,- N 5Q 2nULL 0o WO p O WLL w 5 H 0 O C7 Z w W 1- C II jO Q — DO x z w I_ w Z p III I III! I u l 0 z c9 Q = o w -- W o vf) 0 0 a IIIUIm11, Illllui l' ll N w W d Yu :' Zip Q p d' NQJ 1,,;' O ¢ Z w z °- ( 31. VAI ld) J 0 W J 133aLS V9MV. 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IdI- Lu U oC W 0 0 O W L, 1 nccNCCw D0 0 ccsi cc 0 00wOZO cc u_ Ow v 0O z 57 u 0cc > ? 0 Ov) 0D z _• = _, 0 0 - oLu - vi z Qw x x0 ~ x wcC ccW zry a - Q Q e Q rgo1 2m2 2 2 2 wow - v Q w A Ww N Z ° c ~ ld" = W W N ZN a8 eN UZDN Z .- IOOZW W Z zZ1° O * I= = OocQ Q0ogz a a 0 > HaW U QLU z » Wa Z cwi) Z ww Z W I- ( Wi) W W W O:'' Z ,, pwc[ w 2 w jcmww Z• r00 i- ( 2 0 w0aOa cc0_ Q`' c woLc: L - LZOZ ' bZ ioyy uowysnJq Too ( Z dOW) 6mp; O- dO\ sali11aays\ pni0 alb\ 3bvf10s 331VNOWWI\ I\ s; oafoid ani.; oV\: Z R 11.A.1 Packet Pg. 235 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live EXHIBIT D LEGAL DESCRIPTION Legal Description: Official Records Book 5534 Page 851 Collier County, Florida) The West 1/2 of the Northeast 1/4 of the Northwest 1/4 and the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of section 29, Township 48 South, Range 27 East, less the north 100 feet thereof previously dedicated for State Highway purposes and less lands described as Parcel 139 in Order of Taking records in Official Records Book 3302, Page 3221, all within Collier County, Florida. Description: Parcel 139 Order of Taking Records in Official Records Book 3302, Page 3221, Collier County, Florida A portion of the W 1/2 of the NE 1/4 of the NW 1/4, and the NE 1/4 of the NE1/4 of the NW 1/4 of Section 29, Township 48 South, Range 27 East, Less the North 100 feet thereof, previously dedicated for State Highway purposed, Collier County, Florida. more particularly described as follows: Commence at the North 1/4 Corner of said Section 29; thence South 02°22'23" East, along the east line of the Northwest 1/4 of said Section 29,for a distance of 100.04 feet,to a point on the Southerly Right-of-Way line of State Road #846 (Immokalee Road) and the POINT OF BEGINNING of the herein described parcel; thence continuing, South 02°22'23" East, along the said East line, for a distance of 88.99 feet; thence South 86°00'23" West,for a distance of 328.55 feet; thence North 03°59'37" West,for a distance of 10.00 feet; thence South 86°00'23" West, for a distance of 342.35 feet; thence South 03°59'37" East, for a distance of 19.73 feet; thence South 86°00'23" West, for a distance of 109.24 feet; thence North 03°59'37" West, for a distance of 20.06 feet; thence South 86°00'23" West, for a distance of 505.83 feet; thence North 02°23'24" West, for a distance of 78.65 feet, along the west line of the Northeast 1/4 of the Northwest 1/4 of said Section 29;to a point on said Southerly Right-of-Way Line; thence North 86°00'23" East, along said Southerly Right-of-Way Line,for a distance of 1,286.29 feet,to the POINT OF BEGINNING, Containing 2.452 acres, more or less. Property contains 24.4 acres or 1,062,862 square feet more or less. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 9 11.A.1 Packet Pg. 236 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) EXHIBIT E LIST OF DEVIATIONS 1. Deviation #1 seeks to relief from LDC Section 3.05.07 A.5 "Preservation Standards," which requires that preserve areas be interconnected within the site, to instead allow two separate preserve areas that are not connected within the site. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 10 11.A.1 Packet Pg. 237 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) 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. Development of this MPUD shall comply with the following requirements and limitations: i. This MPUD shall provide a minimum of 120 residential dwelling units and a maximum of 129 residential dwelling units, subject to an Affordable Housing Agreement between the Owner and Collier County. ii. This MPUD shall be subject to all provisions of the Rural Fringe Mixed Use District Receiving Lands provisions except as provided in the NC-Square Mixed-Use Overlay of the Future Land Use Element. iii. This MPUD shall be developed with a common theme for architecture, signage and landscaping. iv. Pedestrian connectivity shall be provided between land uses throughout the MPUD, as well as to the existing sidewalk on Immokalee Road. B. 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 Immokalee Square, LLC. 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. C. 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) D. All other applicable state or federal permits must be obtained before commencement of the development. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 11.A.1 Packet Pg. 238 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) E. The developer shall avoid the archaeological site, as depicted on the Conceptual Master Plan. All clearing within 100 feet of the archeological site shall be monitored by a certified archeologist. 2. TRANSPORTATION A. Intensity of uses under any development scenario for the PUD is limited to 463 two-way,AM peak hour trips and 467 two-way, PM peak hour trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of the application for SDP/SDPA or subdivision plat approval. 3. ENVIRONMENTAL A. The preservation requirement shall be 40%of the existing native vegetation on-site, not to exceed 25%of the total site acreage. (24.4-acres x 25%= 6.1 acres required) B. Big Cypress fox squirrel (Sciurus niger avicennia) and Florida black bear (Ursus americanus floridanus) management plans will be submitted to and approved by Collier County Environmental Services staff prior to site development plan approval. The management plans shall follow the Florida Fish and Wildlife Conservation Commission's (FWCC's) most recent recommended conservation practices for these species,where practicable. Informational posters for these species will be provided to the construction crew prior to site clearing activities, and the FWCC's created brochure"A Guide to Living in Bear Country"will be provided to the homeowners association for distribution to residents at post-construction. Residents will also be provided with information regarding the use of bear-proof garbage containers. 4. LANDSCAPING A. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to provide the required Type B buffer, a minimum 6-foot-wide landscape buffer reservation located outside of the preserve will be conveyed by the owner to a homeowner's association or condominium association at the time of SDP or plat approval. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6' wide reservation to meet the buffer requirements. The type, size and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. 5. LIGHTING (COMMERCIAL TRACTS) A. Site lighting shall be Dark Skies compliant, with full cutoff shielding and installed to protect neighboring properties from direct glare. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 12 11.A.1 Packet Pg. 239 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) 6. UTILITIES A. The Developer shall provide an 8" water main stub-out at the southeast corner of the eastern parcel (i.e. southernmost point of the project frontage on Catawba St) at time of project construction and the Owner shall convey a 15'wide County Utility Easement(CUE)to the Collier County Water-Sewer District for the stub-out.The CUE shall be conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance at no cost to the County or District, free and clear of all liens and encumbrances, prior to or concurrent with preliminary acceptance of utilities. 7. MINIMUM PROJECT DENSITY AND INTENSITY A. A minimum of 25%of the residential units (32 units) and a minimum of 4,900 SF of commercial area must be constructed to ensure a mixed-use project. No building permits shall be issued on the remaining 75% of the residential units (97 units) until the minimum commercial square footage has been issued Certificate of Occupancy. 8. SPECIAL CONDITIONS FOR THE COMMERCIAL TRACT A. The following limitations shall apply to the principal uses in the Commercial Tract: i. There shall be no associated repair of vehicles. ii. The hours of operation for any eating place shall be 5:30 a.m.— 11:00 p.m. iii. There shall be no outdoor amplified sound,televisions or music. iv. There shall be no outdoor display of merchandise associated with hardware stores. 9. AFFORDABLE HOUSING A. As documented in the Affordable Housing Agreement, the developer has agreed to construct 65 owner occupied dwelling units for residents in the "Gap" income category(earning no more than one hundred forty percent of the median income of Collier County) and 64 units owner occupied dwelling units for residents in the "Moderate" income category (earning no more than 120% of the median income of Collier County). Developer shall have the option of swapping up to 20%of the Gap Units for Moderate Units and vice-versa. 10. WILDFIRE PREVENTION AND MITIGATION PLAN A. Project Structural Design and Materials 1. Roofs shall be constructed using Class A, B or C fire rated materials. The use of flammable shakes or shingles are prohibited. 2. Soffits shall be made of non-combustible material or (minimum) %-inch nominal wood sheathing. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 13 11.A.1 Packet Pg. 240 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) B. Location/Defensible Space 1. A minimum 25 feet of Defensible Space shall be maintained around the development area. 2. Within Defensible Space: i. Vegetation shall be thinned and maintained. Tree crowns shall be a minimum of 10 feet apart. ii. Native plants shall be used. iii. Trees shall be maintained so that branches are 6 to 10 feet from the ground. iv. Less flammable plants species shall be used. v. More flammable plants located within 5 feet of structures shall be removed. vi. Non-flammable materials shall be used in planting beds within 5 feet of structures. vii. The Owner, Property Association and/or Homeowner's Association shall be provided with this Wildfire Prevention and Mitigation Plan and informed of responsibility to adhere to these requirements at the time of closing. viii. The Owner, Property Association and/or Homeowner's Association shall be responsible for these requirements within commons areas and structures. C. Native Vegetation South Florida" plants shall be used on slopes adjacent to preserves. D. Prescribed Burns on Nearby Public Lands Florida conservation and agricultural lands are heavily mixed with developed areas. This can increase contact between developed spaces and other land management activities, including prescribed burning, which is often utilized to return plant nutrients to the soil, to improve ecological health for conservation lands, to improve wildlife forage, and to reduce forest fuels, thus reducing the incidence of catastrophic wildland fires. Florida remains a burn-friendly state and endorses the use of prescribed burning to promote healthy ecosystems and agricultural lands. Residents in developed areas may experience exposure to light amounts of smoke and ash from nearby prescribed burning activity. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 14 11.A.1 Packet Pg. 241 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) Oil 1r, 01 r 02, FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State May 4, 2021 Ms. Teresa Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-18, which was filed in this office on May 4, 2021. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 11.A.1 Packet Pg. 242 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) ORDINANCE NO. 2022-- 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 FUTURE LAND USE ELEMENT BY AMENDING THE MINI- TRIANGLE MIXED USE SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO DECREASE COMMERCIAL USES FROM 200,000 TO 130,000 AND TO INCREASE MULTI-FAMILY DWELLING UNITS BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS, ALL SUBJECT TO A TRAFFIC CAP; AND REMOVE MOVIE THEATRE AND BOWLING CENTER USES. THE SUBJECT PROPERTY IS LOCATED NEAR THE SOUTHERN CORNER OF THE INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI TRAIL EAST, WEST OF COMMERCIAL DRIVE IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, CONSISTING OF 5.35± ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. PL20210001101] 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 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, Metropolitan Naples, LLC requested an amendment to the Future Land Use 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 economic opportunity formerly rural area of economic concern; and 22-CMP-01120/1736656/1169 1 of 3 Mini-Triangle SSGMPA PL20210001101 8/4/22 Words underlined are added,words stfuslc-thr-etgh are deleted. 11.A.1 Packet Pg. 243 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) WHEREAS, the Collier County Planning Commission (CCPC) on August 4, 2022 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 Future Land Use Element of the Growth Management Plan on September 27, 2022; 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 THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small-scale amendment to the Future Land Use Element in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. 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. 22-CMP-01120/1736656/1]69 2 of 3 Mini-Triangle SSGMPA PL20210001101 8/4/22 Words underlined are added,words struck-through are deleted. 11.A.1 Packet Pg. 244 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this .) tl" day of cC ptc;Yll 1 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER CO FLORIDA By: By: C" ) c• uty Clerk Wil 'am L. McDaniel,Jr., ChairmanAttestattoc,,hairma signature on!'," Approved as to form and legality: eidi Asnttoonn Cicko, Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment 22-CMP-01120/1736656/1]69 3 of 3 Mini-Triangle SSGMPA PL20210001101 8/4/22 Words underlined are added,words stfuelE-thfeugh are deleted. 11.A.1 Packet Pg. 245 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) EXHIBIT A MINI-TRIANGLE MIXED USE SUBDISTRICT GMPA FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION DESCRIPTION SECTION I.URBAN DESIGNATION A.Urban Mixed Use District: 19. Mini Triangle Mixed Use Subdistrict The Mini Triangle Subdistrict is 5.35 acres in size and is located within the Bayshore/Gateway Triangle Redevelopment Overlay of this GMP. The purpose and intent of the Mini Triangle Subdistrict,as a subset of the Bayshore/Gateway Triangle Redevelopment Overlay, is to further the goals of the Collier County Community Redevelopment Area (CRA) as stated in the adopted Bayshore Gateway Triangle Redevelopment Plan(approved on June 13, 2000 by Resolution No. 2000-181). In particular, Section 5.7 of the Community Redevelopment Plan identifies the Triangle Area as a "Mixed Center/Corridor Development Concept". The intent of the Plan related specifically to the Mini Triangle area is to create a mixed use "Catalyst Project" (or projects) that will foster the revitalization of the surrounding Gateway Triangle area. In order to facilitate the development of a Catalyst Project and further the intent of the Community Redevelopment Plan,this Subdistrict provides for greater intensity, density,and flexibility in applicable Site Design and Development Standards. In order to accomplish this greater intensity, density, and flexibility in applicable Site Design and Development Standards,the Mini Triangle Subdistrict shall be rezoned to a Mixed Use Planned Unit Development (MPUD). Development within the Mini Triangle Subdistrict shall be subject to the following: a. A maximum of 377 491 multi-family residential units may be permitted. b. A maximum of 228 hotel suites/rooms(or other transient lodging uses including but not limited to interval ownership or vacation rental suites)may be permitted. c. A maximum of 200,008 130,000 square feet of any combination of the following commercial uses may be permitted: 1. Retail; 2. Eating and drinking establishments; 3. pPhysical fitness facilities,yoga studio,bicycle rental and museums and art galleries; 4. Personal services; Page 1 of 2 Words underlined are additions;Words struck through are deletions. 6/28/2022 PL20210001101 11.A.1 Packet Pg. 246 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) 5. General and medical offices; 6. Indoor Air-conditioned passenger vehicle and/or self storage,not to exceed 60,000 square feet SIC Code 4225); 7. New or Used Car Dealerships,not to exceed 30,000 square feet in total(SIC Codes 5511 and 5521); and, 8. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses. d. A maximum of 150 Assisted Living Facilities (ALF) units may be permitted, subject to a maximum floor area ratio of 0.45. e The MPUD shall establish a maximum trip capacity ("Trip Cap")for the Mini Triangle MPUD based upon"Net New Trips". The term Net New Trips means the projected PM peak hour trips generated by anticipated development within the Mini Triangle Subdistrict, reduced by pass-by trips and internal capture.The Trip Cap establishes the overall limitation on the intensity and density of any combination of uses. f. In order to ensure a mixed use development,the MPUD shall establish the minimum required number of multi-family residential units, the minimum required square footage of a combination of the commercial uses 1.through 46. in paragraph ed, above, and the minimum required square footage for general/medical office. g. The MPUD shall establish a date, timeframe, or condition by which the minimum requirements in paragraph f., shall be constructed. This date, timeframe or condition shall not be construed to limit approval of a Site Development Plan(SDP)or related amendment(s)thereto,nor the installation of any site related infrastructure or other site improvements depicted thereon, including but not limited to site access,sewer and water lines and facilities,stormwater facilities,surface parking,landscaping,signage, and fence or walls. h. Development within this Subdistrict shall be subject to the provisions of LDC Section 4.02.16—Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, as applicable, except in the case of building height,which may exceed the maximum allowable height established in Section 4.02.16,as well as any deviations from the applicable provisions of Section 4.02.16,as may be approved as part of the MPUD. Page 2 of 2 Words underlined are additions;Words struck through are deletions. 6/28/2022 PL202 1 000 1 1 0 1 11.A.1 Packet Pg. 247 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) ttfe t;t, r.ii 44 '' s. FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State October 6, 2022 Martha S. Vergara, BMR& VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Martha Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of corrected Collier County Ordinance No. 2022-37, which was filed in this office on October 6, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 11.A.1 Packet Pg. 248 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) 0, t„, ,,,,„ i,. ,,, z E.- r FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State October 4, 2022 Martha S. Vergara, BMR& VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Martha Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2022-34, which was filed in this office on October 4, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 11.A.1 Packet Pg. 249 Attachment: Attachment-A- ZLTR NC square PUD Live Local Determ (28194 : BCC Endorsement of Live Local Application) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliercountyfl.gov [24-CPS-02438/1841158/1] January 3rd, 2024 Noel J Davies, Esq. Davies Duke, PLLC 1415 Panther Ln Suite 442 Naples, FL 34109 ZLTR-PL20230018375; Zoning Verification Letter for 2625 Davis Blvd. located at the Northeastern corner of Pine St. and Davis Blvd. in Section 2, Township 50, Range 25 of unincorporated Collier County, Florida. Property ID/Folio Numbers: 61833440009, 61833520000, 61833680005, and 61833720004. To whom it may concern, This letter is in response to a Zoning Verification Letter (ZLTR) Application that you submitted on or about December 21st, 2023. The applicant has requested verification of the questions listed below in bold print, which are followed by Staff’s responses. Questions: 1. Please confirm that the subject property qualifies for the Live Local Act? According to the “Live Local Act”, Chapter 2023 -17, Laws of Florida, of which the relevant parts are codified as Florida Statutes section 125.01055(7)(a), states “A county must authorize multi- family and mixed- use residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multi-family rental development, for a period of at least 30 years, affordable as defined in s. 420.0004.” According to the current official zoning map the subject property is zoned General Commercial District (C-4) and within the mixed-use subdistrict of the Gateway Triangle Zoning Overlay; therefore, the subject property may be utilized under the Live Local Act. 2. Please confirm the number of maximum permissible housing units, including density of each parcel that qualifies for the Live Local Act. In regard to density, Florida Statutes section 125.01055(7)(b) states, “[a] county may not restrict the density of a proposed development authorized under this subsection below the highest allowed density on any unincorporated land in the county where residential development is allowed.” The zoning director opined that the Mini-Triangle PUD (Ord. 22-37) is the highest density where residential development is allowed and permits 91.77 dwelling units per acre. 3. Please confirm maximum permissible height. Florida Statutes section 125.01055(7)(c) states “[a] county may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed height for a commercial or residential development located in its jurisdiction within 1 mile of the proposed 11.A.2 Packet Pg. 250 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliercountyfl.gov [24-CPS-02438/1841158/1] development or 3 stories, whichever is higher.” A review of adjacent zoning districts within a mile of the subject property shows that the Mini-Triangle MPUD (Ord. 23-26) has the highest allowed zoned height at 162.8 feet. 4. Please confirm that the parcels identified are within one half mile of a transit stop. Florida Statutes section 125.01055(7)(e) states, “[a] county must consider reducing parking requirements for a proposed development authorized under this subsection if the development is located within one-half mile of a major transit stop, as defined in the municipality’s land development code, and the major transit stop is accessible form the development.” Because the only form of mass transit available throughout the county is the Collier Area Transit (CAT), staff will be identifying major transit stops on the bus routes. A review of the definitions in the County’s LDC does not yield a clear definition for a major transit stop, thus staff has interpreted that this constitutes a location that either has a covered bench structure or is the intersection of two or more major bus routes. A review of bus stops within one-half mile of the subject property shows that there are major transit stops within a mile of this property’s location, and of those major transit stops that we do have staff are unaware if they are accessible to the site. Alternately, the applicant has the right to apply for an administrative parking reduction which would provide justifications for the reduction, please see attached application. 5. Please clarify which development standards apply to a live local act project, i.e., the RMF-16 or the overlay development standards. Florida Statutes section 125.01055(7)(d) states, “[a] proposed development authorized under this subsection must be administratively approved and no further action by the board of county commissioners is required if the development satisfies the county’s land development regulations for multifamily developments in areas zoned for such use and is otherwise consistent with the comprehensive plan, with the exception of provisions establishing allowable densities, height, and land use. Such land development regulations include, but are not limited to, regulations relating to setbacks and parking requirements.” The language above states that any multifamily development must be allowed as long as the land development regulations are met. A review of available development standards shows that the RMF-16 development standards are the most applicable as they are the most similar in density to what is permitted on site. If for any reason the total project density equals 12 units an acre or less, then the RMF-12 development standards would apply. The information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination, you may request an Official Interpretation by the Zoning Director of the provisions of the Land Development Code pursuant to Sections 1.06.01.A and 10.02.02.F.1 of that Code. The fee for an Official Interpretation is identified in the most recent GMD Fee Schedule Resolution as approved by the Board of County Commissioners. To obtain copies of any document referenced herein, please contact GMD Records Section at (239)252-5730. The LDC may be viewed online at www.municode.com / Municode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of Court’s website, www.collierclerk.com / Records Search / BMR Records / Boards, Minutes, Records / BMR Validated Ordinances. 11.A.2 Packet Pg. 251 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliercountyfl.gov [24-CPS-02438/1841158/1] Disclaimer: Issuance of a development permit by the County does not 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. All other applicable state or federal permits must be obtained before commencement of the development. Should you require additional information, please do not hesitate to call my office at (239) 252-2471. Researched and prepared by: Reviewed by: Parker Klopf, Planner Raymond Bellows, Zoning Manager Zoning Services Section Zoning Services Section Mike Bosi, Zoning Director Zoning Services Section. 11.A.2 Packet Pg. 252 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) 1/3/24, 3:35 PM Collier County Property Appraiser https://www.collierappraiser.com 1/1 $ 3,700,000 $ 0 $ 1,950,000 $ 0 $ 0 $ 250,000 $ 675,000 $ 12,239 $ 687,239 $ 116,306 $ 570,933 $ 687,239 $ 570,933 Collier County Proper ty AppraiserProperty Summar y Parcel No 61833440009 Site Address*Disclaimer Site City NAPLES Site Zone*Note 34104 Name / Address FL CITY HOLDINGS LLC % ORTIZ & ASSOCIATES 6262 BIRD ROAD STE 2H City MIAMI State FL Zip 33155 Map No.Strap No.Section Township Range Acres *Estimated 5A01 504400 028 05A01 1 50 25 0.52 Legal N G + T C L F NO 2 2 50 25 THAT PART OF LOT 28 DESC AS: COM AT ORIGINAL SW CNR LOT 28, NLY55FT, ELY 30FT TO POB, ELY ALG NLY RW 150FT, NLY 150FT, W 150FT TO E RW LI PINE ST, SLY 150FTTO POB, OR 1493 PG 1520 Millage Area 85 Millage Rates *Calculations Sub./Condo 504400 - N G & T C L F UNIT 2 School Other Total Use Code 28 - PARKING LOTS, MOBILE HOME PARKS 4.292 6.0197 10.3117 Latest Sales Histor y (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 05/23/17 5399-750 05/23/17 5399-747 08/19/14 5070-670 02/08/93 1795-1003 09/11/92 1751-919 12/22/89 1493-1520 2023 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Non-Homestead Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after the Final Tax Roll 11.A.2 Packet Pg. 253 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) 1/3/24, 3:36 PM Collier County Property Appraiser https://www.collierappraiser.com 1/1 Collier County Proper ty AppraiserProperty Aerial Parcel No 61833440009 Site Address*Disclaimer Site City NAPLES Site Zone*Note 34104 Open GIS in a New Window with More Features. 11.A.2 Packet Pg. 254 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) 1/3/24, 3:36 PM Collier County Property Appraiser https://www.collierappraiser.com 1/1 $ 3,700,000 $ 0 $ 1,950,000 $ 0 $ 0 $ 0 $ 0 $ 1,668,000 $ 576,807 $ 2,244,807 $ 253,664 $ 1,991,143 $ 2,244,807 $ 1,991,143 Collier County Proper ty AppraiserProperty Summar y Parcel No 61833520000 Site Address*Disclaimer 2625 DAVIS BLVD Site City NAPLES Site Zone*Note 34104 Name / Address FL CITY HOLDINGS LLC % ORTIZ & ASSOCIATES 6262 BIRD ROAD STE 2H City MIAMI State FL Zip 33155 Map No.Strap No.Section Township Range Acres *Estimated 5A02 504400 028 25A02 2 50 25 1.28 Legal N G + T C L F NO 2 2 50 25 COM SW COR OF LOT 28, N 55FT, E 180FT TO POB, N 279.31FT, E 200FT, S277.76FT, W 200FT TO POB OR 1795 PG 1003 Millage Area 85 Millage Rates *Calculations Sub./Condo 504400 - N G & T C L F UNIT 2 School Other Total Use Code 27 - EQUIPMENT SALES, REPAIR, BODY SHOPS 4.292 6.0197 10.3117 Latest Sales Histor y (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 05/23/17 5399-750 05/23/17 5399-747 08/19/14 5070-670 02/08/93 1795-1003 09/01/92 1751-919 06/01/89 1446-2084 06/01/89 1446-2080 2023 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Non-Homestead Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after the Final Tax Roll 11.A.2 Packet Pg. 255 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) 1/3/24, 3:36 PM Collier County Property Appraiser https://www.collierappraiser.com 1/1 Collier County Proper ty AppraiserProperty Aerial Parcel No 61833520000 Site Address*Disclaimer 2625 DAVIS BLVD Site City NAPLES Site Zone*Note 34104 Open GIS in a New Window with More Features. 11.A.2 Packet Pg. 256 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) 1/3/24, 3:37 PM Collier County Property Appraiser https://www.collierappraiser.com 1/1 $ 3,700,000 $ 0 $ 1,950,000 $ 0 $ 0 $ 0 $ 0 $ 825,000 $ 0 $ 825,000 $ 166,155 $ 658,845 $ 825,000 $ 658,845 Collier County Proper ty AppraiserProperty Summar y Parcel No 61833680005 Site Address*Disclaimer Site City NAPLES Site Zone*Note 34104 Name / Address FL CITY HOLDINGS LLC % ORTIZ & ASSOCIATES 6262 BIRD ROAD STE 2H City MIAMI State FL Zip 33155 Map No.Strap No.Section Township Range Acres *Estimated 5A02 504400 028 65A02 2 50 25 0.63 Legal N G + T C L F MO 2 2 50 25 COMM SW CNR OF LOT 28, N 55FT, E ALG N LI OF DAVIS BLVD 380FT TOPOB, N 277.76FT, E 100FT, S 276.98FT, W 100FT TO POB OR 490 PG 189 Millage Area 85 Millage Rates *Calculations Sub./Condo 504400 - N G & T C L F UNIT 2 School Other Total Use Code 10 - VACANT COMMERCIAL 4.292 6.0197 10.3117 Latest Sales Histor y (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 05/23/17 5399-750 05/23/17 5399-747 08/19/14 5070-670 02/08/93 1795-1003 05/18/89 1441-2065 05/18/89 1441-2063 11/01/72 490-189 2023 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Non-Homestead Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after the Final Tax Roll 11.A.2 Packet Pg. 257 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) 1/3/24, 3:37 PM Collier County Property Appraiser https://www.collierappraiser.com 1/1 Collier County Proper ty AppraiserProperty Aerial Parcel No 61833680005 Site Address*Disclaimer Site City NAPLES Site Zone*Note 34104 Open GIS in a New Window with More Features. 11.A.2 Packet Pg. 258 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) 1/3/24, 3:37 PM Collier County Property Appraiser https://www.collierappraiser.com 1/1 $ 3,700,000 $ 0 $ 1,950,000 $ 0 $ 0 $ 0 $ 0 $ 587,160 $ 65,674 $ 652,834 $ 160,774 $ 492,060 $ 652,834 $ 492,060 Collier County Proper ty AppraiserProperty Summar y Parcel No 61833720004 Site Address*Disclaimer Site City NAPLES Site Zone*Note 34104 Name / Address FL CITY HOLDINGS LLC % ORTIZ & ASSOCIATES 6262 BIRD ROAD STE 2H City MIAMI State FL Zip 33155 Map No.Strap No.Section Township Range Acres *Estimated 5A02 504400 028 75A02 2 50 25 0.45 Legal N G + T C L F NO 2 2 50 25 COMM SW CNR OF LOT 28, N 55FT, E 30FT, N 150FT TO POB, N 130.48FT,E 150FT, S 129.31FT, W 150FT TO POB OR 1441 PG 2065 Millage Area 85 Millage Rates *Calculations Sub./Condo 504400 - N G & T C L F UNIT 2 School Other Total Use Code 27 - EQUIPMENT SALES, REPAIR, BODY SHOPS 4.292 6.0197 10.3117 Latest Sales Histor y (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 05/23/17 5399-750 05/23/17 5399-747 08/19/14 5070-670 02/08/93 1795-1003 05/08/89 1441-2065 05/01/89 1441-2063 11/01/72 490-189 2023 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Non-Homestead Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after the Final Tax Roll 11.A.2 Packet Pg. 259 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) 1/3/24, 3:37 PM Collier County Property Appraiser https://www.collierappraiser.com 1/1 Collier County Proper ty AppraiserProperty Aerial Parcel No 61833720004 Site Address*Disclaimer Site City NAPLES Site Zone*Note 34104 Open GIS in a New Window with More Features. 11.A.2 Packet Pg. 260 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 50S RNG 25E SEC(S) 02 SO 1/2 MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! !!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! !AIRPORT - PULLING ROAD (CR 31)DAVIS BOULEVARD (SR 84)2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 314847464544434241403938373635 34 4950525153545556575859 62 61 60 33 32 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 5 4 3 2 1 35 34 33 32 31 TERRACE AVENUESHADOWLAWN1 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 3 4 5 6 7 8 9 10 1112 13 14 1516 17 18 1920 21 222324 N.RANDALL CIR. HAWTHOR N E COURT12 1 2 10 11 1220 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1234567 8 9 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 23 24 26 27 28 29 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 678910 BROOKSIDEBARBIZON LANEDELMAR LANEEMBASSY LANEPALM LANEAVENUE SUNSET LN STEEVES AVE67 8 9 10 11 12 13 14 5 6 7891011121314 15 EARL ST1920 21 23 24 25 26PREACHER COURTAVENUE TERRACE AVESTREETHARBORROADCIRCLEDRPARK ESTEYPINE LN.R O C K C R E E K AVENUE12 12 12 5 5 8 10 9 98 13 13 13 9 PINE9 4 6 8 3 3 7 3 1 74 1 4 6 1 64 RMF-6 A TTRVC C-1 C-5-GTZO-MXD P.U. 1 110 2 4 4ROADNORTH 3 4 PU 3 15 7 C-5ARMYSALVATION 4,18,28 2PU PUD RSF-4 RMF-6 AT NAPLES CONDO D C B A THE WATERFRONT PH IPH II PH III E F 5RSF-4 RSF-4 11 12 11DRIVE 1112 1012558 11HARBORPLACE ESTEYJEFFEREY PL.CHRISTOPHER CTHOLIDAY LANE HARBOR LANE MARINE WAYPARK WAYHARBOR RD 25 22 21 20 8 7 6 54 3 2 1 25242322212019181716151413 12 11 10 9 8 7 6 5 4 3 2 1 19 18 17 16 15 14 13 9 8 7 6 5 4 3 38 37 36 35 34 33 32 31 30 29 28 27 26 2524232221201918171615141312 11 10 9 8 7 6 5 4 3 43 424140393837363534333231302928 27262524 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 G G E B C D A B CD 1 1 8 P 9 CITY OF NAPLES CITY OF NAPLESS.RANDALL CIR. BD10 14 14 1414 C.U.11,14 2 V , NUA 12,TTRVC 13 RIVER OAKPLANTATION VILLAGETERRACE PARK 15VTRACT 1 TRACT 2 H 17BD ZONE D -65-60LDN 6,16,19 Z O N E D - 6 5 -6 0 L D N 6,16,19ZONE C -70-65LDN 6 ,1 6 ,1 9 10 13 20,22,26,31 20,22,26,31C-4-GTZO-MXD 20,22,26,31 MPUD 21,24,25,30 MERIDIAN VILLAGE 4 1515 15 LOT 2 LOT 1 46 4 LOT 137 LOT 18 LOT 21 LOT 22 LOT 23 LOT 24 LOT 25 LOT 26 LOT 27 LOT 28 4 SV 23 TRACT 1 7 16 1616 16 16 4 4 TRACT 1 TRACT 2 TRACT 27 17 17 17 17 C-4-GTZ O-MXD DR27 BD29 DR 32,33 34 NUA34 35C-4 A 7RPUD36 ROCK CREEK ESTATES $NO. NAME P.B. Pg.1 ARLINGTON TERRACE 3 6423 HUDDLESON'S SUBDIVISION 2 1004 NAPLES GROVE AND TRUCK CO LITTLE FARMS NO.2 1 27A5 RAINBOW COVE 3 926 ROCK CREEK PARK 1 797 ROCK CREEK TERRACE 1 408 ROCK HARBOR 1 849 BROOKSIDE UNIT 1 4 7210 BROOKSIDE UNIT 2 4 83 NO. NAME P.B. Pg.11 BROOKSIDE UNIT 3 4 8812 BROOKSIDE UNIT 3 REPLAT NO. 2 3 9913 SUNSET SUBDIVISION 8 4814 MARNICK CORNER 25 8115 CHANEL SUBDIVISION 48 9416 MERIDAN VILLAGE PHASE 1 54 38-3917 MERIDAN VILLAGE PHASE 2 55 94-95 INDICATES CITY LIMITS 0502S 0511N 0501SINDICATES AIRPORT NOISE BOUNDARY 12The Historic/Archaeological Probability Maps are the officialCounty source designating historic or archaeologic resources.ZONING NOTES1 5-25-82 R-82-4-C2 CORRECTION LOTS 1&2- TO JUST LOT 2 11-3-883 PU-89-34 12-18-91 R-90-21 90-1075 1-7-91 R-90-34 91-1(ZRO)6 5-22-91 ZO-90-21 91-407 LDC-918 7-21-92 92-499 10-19-92 R-92-7 92-7410 11-2-95 BD-95-19 95-4511 1-23-96 CU-95-18 96-2812 12-12-95 R-95-7 95-7313 12-12-95 V-95-21 95-69014 1-21-97 CU-95-18(EXT) 97-6015 2-25-97 V-96-30 97-14316 6-14-00 LDC ORD. 00-4317 7-19-01 BD-01-AR-670 01-1818 11-27-01 PUDA-01-AR-881 01-6519 2-11-04 LDC ORD. 04-0820 2-28-06 LDC ORD. 06-0821 6-6-06 PUDZ-05-AR-8126 06-2822 10-30-07 LDC 07-6823 6-23-09 SV-09-AR-14140 09-16824 7-27-10 PUDZ-PL-09-2031 10-2825 6-25-13 PUDA-PL-13-886 13-4726 7-8-14 LDC ORD. 14-3327 7-7-16 DR-PL-15-2617 HEX-16-2328 8-4-16 PDI-PL-15-425 HEX-16-3029 3-16-17 BD-PL-16-357 HEX-17-0730 11-10-20 PUDA-PL-19-2494 20-4331 4-12-22 LDCA-PL-21-1222 22-1232 5-12-22 DR-PL-21-2480 HEX 22-2133 5-17-22 DR-PL-21-2480 HEX 22-23 (SCRIVENER'S ERROR)34 8-22-23 NUA-PL-22-3854 HEX 23-2535 9-26-23 RZ-PL-19-1540 23-4236 11-14-23 PUDZ-PL-22-1779 23-54DEVELOPEMENT STANDARDS MODIFICATIONS6-22-92 R-92-4 92-4312-12-95 R-95-7 95-73THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO ANDADOPTED BY REFERENCE BY ORDINANCE NO.04-41 OF THE COUNTY OF COLLIER, FLORIDA,ADOPTED JUNE 22, 2004, AS AMENDED BY THEZONING NOTES AND SUBDIVISION INDEXREFERENCED HEREON. 0 400 SCALE!!!!!!!!!!!!ALL PROPERTY SHOWN ON THIS MAP IS WITHIN AIRPORT OVERLAY(REFER TO APPENDIX D OF THE LDC)11/30/202311.A.2 Packet Pg. 261 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) ORDINANCE NO. 2022- 3 6 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 18-25,THE MINI-TRIANGLE MIXED USE PLANNED UNIT DEVELOPMENT, TO DECREASE COMMERCIAL USES FROM 200,000 TO A MAXIMUM OF 130,000 SQUARE FEET WITH A MINIMUM OF 15,000 SQUARE FEET OF OFFICE USES AND A MINIMUM OF 30,000 SQUARE FEET OF OTHER COMMERCIAL USES; AND TO INCREASE MULTI-FAMILY DWELLING UNITS BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS, ALL SUBJECT TO A TRAFFIC CAP; REMOVE THE MOVIE THEATRE USE; AND BY AMENDING THE MASTER PLAN. THE SUBJECT PROPERTY IS LOCATED NEAR THE SOUTHERN CORNER OF THE INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI TRAIL EAST, WEST OF COMMERCIAL DRIVE IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5.35± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210001100] WHEREAS, on May 8, 2018,the Board of County Commissioners approved Ordinance No. 18-25,which created the Mini-Triangle Mixed Use Planned Unit Development("MPUD"); and WHEREAS, Metropolitan Naples, LLC, represented by Richard C. Grant, Esquire of Grant Fridkin Pearson, P.A. and Paula McMichael, AICP and Robert Mulhere, FAICP of Hole Montes,Inc.,petitioned the Board of County Commissioners to amend the MPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Amendment to PUD Document. The PUD Document attached as Exhibits "A" through "G" to Ordinance No. 18-25, is hereby amended and replaced in accordance with the revised PUD Document, attached hereto as Exhibits"A"through"G"and incorporated by reference herein. 22-CPS-02207/1736661/1]50 Mini-Triangle/ PL20210001100 1 of 2 8/4/22 11.A.2 Packet Pg. 262 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) SECTION TWO: Effective Date. 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. 2022-3 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County. Florida. this )( — 11' day of pi<rn tac{ , 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER CO 'DA By: By: Attest as to ChainnanTDez uty Clerk Wil iam L. McDaniel, Jr.,Chairman signature(TN/ Approved as to form and legality: L eidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—List of Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—List of Deviations Exhibit F—Developer Commitments Exhibit G—Master Use and Conversion List 22-CP8-02207/1736661/1]50 Mini-Triangle/ PL20210001100 2 of 2 8/4/22 11.A.2 Packet Pg. 263 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) EXHIBIT A MINI-TRIANGLE MPUD VISION, PURPOSE AND INTENT The Mini Triangle MPUD is intended to be a catalyst project spurring further redevelopment in the Bayshore/Gateway Triangle area. In order to facilitate a vibrant mixed use development and viable market demand, as provided for and incentivized in the GTMUD-MXD Overlay for the Mini-Triangle" area, the MPUD provides for greater intensity, density, and flexibility in Site Design and Development Standards. For the purposes of this MPUD mixed use shall include,at a minimum, residential multifamily development along with a mix of commercial uses, including retail, restaurant and office uses, and may include other commercial uses such as a hotel with ancillarycommercial uses, lex " theate- bowling n•p physical fitness facilities, personal services, and other commercial uses identified in this MPUD. The development form shall be two or more multi-story structures with commercial uses generally located on the ground floor(and subsequent floors for some commercial uses such as office,or restaurants,er-multiplex theater by way of example and not limitation),with floors of supporting parking,residential,hotel, retail, office or other approved uses. The MPUD establishes minimums and maximums for residential density and commercial intensity to ensure a viable mixed use development. LIST OF PERMITTED USES TRACT MXU—MIXED-USE DEVELOPMENT A. PERMITTED USES: The PUD shall be developed with a mixture of residential and commercial uses. No building or structure,or part thereof, shall be erected, altered, or used, or land used, in whole or in part,within the Mini-Triangle MPUD, for other than the following: I. Principal Uses a. Residential Uses(see Table 1 for minimum and maximum number of multifamily units): 1. Multifamily residential dwelling units. b. Commercial Uses (see Table 1 for minimum and maximum square footage): 1. Hotels and transient lodging (7011). The term "transient lodging" includes hotels, interval ownership/membership and vacation rental/membership facilities. Any such transient lodging shall include the following operational characteristics and/or limitations: lodging accommodations normally on a daily or weekly rate to the general public or to interval owners/members and provisions for check in and housekeeping services, as well as other amenities such as dining facilities, meeting rooms, or recreational facilities. Page 1 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC'Mini-Triangle MPUD Document(PL-202I0001100)8-4-2022 v2.docx 11.A.2 Packet Pg. 264 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) 2. Retail(5311-5399; 5411-5499 excluding the sale of live poultry;5611-5699;5712- 5736; 5912; 5921, excluding freestanding liquor stores but allowing a freestanding retail wine store; 5941- 5948; 5992 — 5999 excluding the sales of orthopedic and artificial limbs and monuments and tombstones.) 3. Eating and drinking establishments(5812 and 5813, excluding bottle clubs); 4. Movie Theatrc(multiplex)(7832); 34. Personal services (7212, 7231, 7241); 65. General and medical office (6111-6163; 6211-6289; 6311-6399 excluding health insurance for pets; 6411, 7311; 7371; 7373-7375; 8011- 8092, 8111; 8611-8699 excluding humane societies, animal; 8711-8748). 7.6. Assisted Living Facility(ALF) (8082), limited to 150 units and a FAR of 0.45 and subject to other conditions and standards set forth in Exhibit F of this MPUD. 87. Indoor air-conditioned passenger vehicle and self-storage (4225). Other than passenger vehicle storage all other self storage components shall be limited in use to residents and commercial tenants of this MPUD. Access to the indoor air- conditioned passenger vehicle and/or self storage must be internal to the site and storage not visible from an arterial or collector road. 98. New or used car dealership limited to an interior showroom/display,plus delivery and warranty/repair bays (5511 and 5521), and further limited as follows: No outdoor paging or amplified sound shall be permitted. No automated car wash will be permitted. Any onsite washing will be done manually. No gasoline storage or fueling tanks are permitted. No roof top parking of vehicles is permitted. Collision shop operations are prohibited. For new car dealerships (5511)used vehicle sales shall be limited to luxury and/or collectible vehicles and limited to a maximum of 49% of overall sales. Used car sales shall be limited to establishments whose business is sales of antique or classic collectible vehicles and/or vehicles with a value equal to or greater than$80,000. Vehicular access/overhead doors for vehicle delivery, showroom, car washing areas, and service areas, including service drop off and pick up, shall be fully located within a building and not visible from a public roadway or a driveway internal to the project; overhead doors may be visible from any internal roadway or internal driveway only if a roll down security gate style door or a fully glazed overhead door is used. Services doors must be designed to allow for closure and opened only for entry and exiting of vehicles, and not visible from the exterior of the building. Off-loading of vehicles shall be prohibited on any public street. Hours of Operation shall be limited as follows: o Sales - 8:00 AM to 9:00 PM for Monday through Saturday. o Service- 7:00 AM to 6:00 PM Monday through Saturday. o Sales and Service - 10:00 AM—6:00 PM Sunday. Page 2 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 0001 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 265 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) 449. Other(7933, 7991, 7999 limited to yoga instruction, and bicycle rental; 8412). 4410.Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. II. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures permitted by right in this MPUD, including, but not limited to: a. Residential Uses: 1. Recreational uses and facilities that serve the residents of the PUD,such as swimming pools, fitness centers, dining facilities, and recreation/amenity buildings. 2. Customary accessory uses and structures to residential units, including parking structures, gazebos, fountains, trellises, signage, and similar structures. b. Commercial Uses: 1. Caretaker's residences one (1) per building, not to exceed three (3), subject to LDC Section 5.03.05. 2. Temporary display of merchandise during business hours provided it does not adversely affect pedestrian or vehicular traffic or public health or safety as determined by the County.Merchandise storage and display is prohibited within front yards adjacent to Davis Boulevard and Tamiami Trail (US 41), but allowed within internal public areas and within side and rear yards. 3. Customary accessory uses and structures to commercial development, including parking structures, gazebos, fountains, trellises, and similar structures. 4. Food trucks and mobile kiosks,subject to 5.04.05—Temporary Events,as applicable. III. Interim Use: The cell tower located within this MPUD at 2054 Davis Boulevard may remain in place and in operation as a permitted use until such time as the current lease expires or is terminated early by agreement of the parties of the lease and/or successors and assigns. IV.Prohibited Use: Any use meeting the definition of a sexually oriented business, as set forth in Ordinance No. 91-83, as amended, is prohibited. B. DENSITY AND INTENSITY MINIMUMS AND MAXIMUMS AND OTHER LIMITATIONS 1. Table 1 below establishes the required minimum and maximum density and intensity for various Principal Uses, set forth in paragraph A.I., as applicable. Page 3 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-20210001 100)8-4-2022 v2.docx 11.A.2 Packet Pg. 266 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) Table-4 CenernL Medieel Permitted-Uses O€Aee Assisted Gar betel Section r r Uses 2 Section A.I Living 4 Dealershipdwelling ( rooms) 3 Use-6 dwelling tam* square-feet) square-feet) units) feet) Minimum4-0-5NAarof-permitted-uses 97900 r I1 A N/A N/A wi-r-l.b rough-5 3-7-7 I 8 111,000 ute3 A.I.b.2 997000 of 6_9'44 30-099 8,4-54through9 Table 1 Density and Intensity Minimums and Maximums Permitted Uses assisted LivingMultifamilyHotelSectionA.I.b. Uses 2 through 5,and 7 ( dwelling units)dwelling units) (rooms) through 10 Use 6squarefeet) Minimum 105 N/A 45.000(See paragraph B.3.below)N/A 150(FAR ofMaximum491228130.000(See.paragraph B.3.below) 0.45) 2. In no case shall the maximum total daily trip generation exceed 628 two-way PM peak hour Net New Trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for the SDP/SDPA or subdivision plat approval. The term Net New Trips means the new trips generated by development within the Mini Triangle Subdistrict, reduced by"pass-by"trips and internal capture. 3. Subject to the minimum amounts required in Table 1, an overall maximum of 200,000130,000 square feet of any combination of uses allowed in Section A.I.b., uses 2 through 5, and 67 and 8 through 1044, shall be permitted. The minimum required 45,000 square feet of uses identified in Table 1 above, shall include a minimum 15,000 square feet of office space, and the remaining minimum commercial square feet shall only be uses 2 through 5 and 9. 4. No building permit will be issued for vertical construction on the last of the three MXU Tracts depicted on Exhibit C,Master Plan,unless: (1)construction has begun on a building or buildings that satisfy the minimum required multifamily units and commercial square footage identified under Table 1., above; or(2)certificates of occupancy have been issued for these minimum required amounts; or (3) these minimum required amounts will be Page 4 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-20210001100)8-4-2022 v2.docx 11.A.2 Packet Pg. 267 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) accomplished by the construction of the building(s) described in the requested building permit for the last MXU Tract, in which case no certificate of occupancy will be issued for any portion of the building(s) on the last MXU tract until the entire shell(s) of the building(s) containing the minimum required amounts has been completed. 5. No individual commercial use may be located in a building less than three stories in height. 6. Other than office and hotel, no single tenant stand-alone commercial uses are permitted in an individual building. At least 2 of the permitted commercial uses listed in Section A.I.b. 2 through 5, shall be provided in order to meet the minimum 3749045.000 square feet established for these uses in Table 1. 7. Other than as may be allowed under the LDC for sales or special events,no outdoor storage of goods or merchandise of any kind is permitted. 8. Surface parking shall not exceed 100 spaces, except that during construction, vacant portions of the MPUD may be used for temporary construction related parking. 9. There shall be a minimum of two multi-story buildings in the MPUD. Page 5 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\20160528\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 0001 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 268 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) EXHIBIT B MINI-TRIANGLE MPUD DEVELOPMENT STANDARDS A. RESIDENTIAL& COMMERCIAL DEVELOPMENT STANDARDS The table below sets forth the development standards for residential and commercial land uses within Mini-Triangle MPUD. 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. PRINCIPAL STRUCTURES MIN.LOT AREA 20,000 s.f. MIN.LOT WIDTH 100 feet as measured by frontage on a public rieht-of-way or internal driveway. MIN.FLOOR AREA 500 s.f.for commercial structures and 700 s.f.for residential dwelling units,except that up to 20%of residential dwelling units may be between 699 and 500 s.f.Hotel suites/rooms and ALF units,are not subiect to a minimum floor area requirement. MINIMUM YARDS ADJACENT TO A PUBLIC 20 feet,measured from the MPUD boundary as shown on the Master Plan. STREET ALL OTHER MPUD —11 5 feet* PERIMETER YARDS MIN.DISTANCE BETWEEN 40 feet STRUCTURES j MAX.BUILDING HEIGHT, 160 feet ZONED MAX.BUILDING HEIGHT, 162.8 feet ACTUAL** ACCESSORY STRUCTURES ADJACENT TO A PUBLIC S.P.S. STREET ALL OTHER MPUD S.P.S PERIMETER YARDS MAX.BUILDING HEIGHT S.P.S NOT TO EXCEED(ZONED) MAX.BUILDING HEIGHT S.P.S NOT TO EXCEED(ACTUAL) S.P.S.=Same as Principal Structures BH=Building Height In the event additional properties adjacent to this MPUD are included in a unified plan of development/Site Development Plan, the required 5 foot setback and landscape buffer shall not be required, and the MPUD boundary to the adjacent property shall be disregarded. FAA Letters of No Hazard Limit building height to 168 feet above mean sea level(AMSL)(See Exhibit C Master Plan Sheet 4 of 4). The Maximum Zoned and Actual Heights are measured as defined in the LDC and are more restrictive than the FAA Maximum Height. B. Parking: 1. Off-Street: Parking shall be provided in accordance with Section 4.02.16 - Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, Section F., Table 1 Parking Space Requirements in the BMUD and GTMUD. For uses not Page 6 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP.MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 000 1 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 269 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) specifically listed in Table 1, parking shall be provided as required in the LDC except as otherwise provided for in Exhibit E. 2. Other: Within or along internal private driveways, parallel or angled parking may be provided. Page 7 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-20210001100)8-4-2022 v2.docx 11.A.2 Packet Pg. 270 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) Z dWW LL k ai W O< a ap O rn 0tyL) Z<zao 0 LL ~ o c) w oC< '0aOS M r)w 0 W U. 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H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-20210001 I00)8-4-2022 v2.docx 11.A.2 Packet Pg. 271 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) to i U- I 4 11 Ni k` p, 1* i- W W N J :.: W z a 6a. 2LLlj7 N i x1 5 ,. r1 Y x i- x Z 2 a PAli ed IllrieI I Rib J 1 W R CO gi INI l e a p W 0 Q b G H `u 2 Za 2 iuy 6 II ' ff 4 Page 9 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 10001 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 272 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) in r-Y--v-rY1'YVV1-Y`rYYYY"YY'Y- rY'Y'YY'Y-y-y-v `r-ry-y-YYYY' LL o a, qIYli 1 .s n 2.4 8 2. i I_ { P G g.: - m W vyy JLHi:c , L y'L u4 C' i SIC .L.= Cp N r Y E. y e A E 2 2 v V WEulcc / wmF- E 2 F. ii9 E a m?_( L N$ 1 C g 2 c71 2 E e L c E = R ,E, a z g` E E S E JQ O CO 73 p• c. E c c Oco Zw1,5 1ic 2• " E cc E 2 cY aE i. E.c . s L O Ilii c,• g L 3 P 7 . ..... Q R = p. y Z E V 2 9 E,1,L L w s A 4 ii iirs . _ 4 s vc oU) P. 7.--- 7,E E E ihit pLUZ~ Y 1 s As 1.1 a oo ; s R E , F- c !f n 8. z = { t E s j 2 `o its _ s x2HQ . E c c Lit c CC r y y g'c i' a Eico € o '8C OZ J rt il Ea Rif.iL •u a LL e 4 t eE .y_ V Q CC 2. y r "3 r,E 9L C' L d 2 n r37 .' C S. = C z'r'' .i mil' + rL c/o 0 Z i. o .c c i ' ' A `".. E, r, 3kk 72 yC., L. E a - W CC FSW o 6 t -t 5 C y C CK E H t.4 'r r n p.`v g J_ c c 2PIP c y roo J . X J ci c c 7 r SS 6 a c c C E E'E cE•,4• c __ E.. 8 .5 a .3 n 5 S • 41• L 6 9 5 9 ,g t .n e e ffl r . n 4 ! r Vt ao a P 4.0 F EM.,..J..A.)J,`.,. .A-AJ -A...A..A.._..X.J..l.J._l.I._M.M A_ J._A.,..xi i I 1 4 t Page 10 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-20210001 100)8-4-2022 v2.docx 11.A.2 Packet Pg. 273 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) lit 0 iI;l Rt " ! I- OAVN,'O L=(Stv),9z+,! =1 O]H MN Wd 2 0 0 0 0 z k 0- 0oazb z ewe 0 •• 1. u Lu§E c° ill< a)x0 CC u_ 1 2 I a w 0ii w 4 a eCO leir Z< © W | CO K o I| x 0 l ; : z CC al I§ | () b O & 2 ' '$ 1} tf.I— 0 1 a C) giot z 2 >1 d 1z I- CO 0 0 0 2 wz06 60 r.4o z 21 z o q - 2 r2 zw < S co , g 0 z 1 2 LU I- k U E 2w0 W 2 1 SCOW 0 2 « 022= co z « 0_i 0 o u d r I> z 4: wz w Page no3 Words underlined are additions;Words struck thAA are deletions. H a,m01602mw amv\Post CCPC\Mini-Trian A MPUD Document(PL- 2000 n@)8-4-22 v2.docx 11.A.2 Packet Pg. 274 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) to -. iI— II I—u_u_ uj f Q W 2JLi 0 I wv2 QQ2 CO 2. U O OWL,L 0 c Q W L.I, Z> Z O I > J J , 0 i- 0 1^ iZ W < U—Q' W I m=00 6 oN OCCu. w W Q CO Q U. W 2LL CW LQ0 2 = W N 0Zire ZEJ7Qi r\ M1leqi U 5} to 1— ligiil 01 0 i—i 1Q ( f C.w,W 21cg k N A Q o 1 z z,, ,1 l i t11f i ki-1 1 b N J 8 F- m u m :# }'pt ; I- 0 7; 31 , r r 0 0Q m' W F— Z 0 O W 2; z Qa0 J 5 W w cc L O V Z 2 0ce0 I w N0_ co 00 0g <I LU0 o w 2 J0 U U 6 C7 J CCU UCC gw 2F.wo Jx>a DOLL o> 0 c°0 aZ lL cv 0 11 aw J t.. w A., • Page 12 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\20I6052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 0001 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 275 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) MINI-TRIANGLE MPUD LANDSCAPE AND ARCHITECTURAL CONCEPTUAL DESIGN SUPPLEMENT EXHIBIT C-1, SHEETS 1-9 Sheet 1: Conceptual Site Plan Sheet 2: Typical Street Front Elevation Sheet 3: Typical Street Front Plan View Sheet 4: Optional Street Front Elevation Sheet 5: Optional Street Front Plan View Sheet 6: Typical Garage Elevation Street View Sheets 7-9: Architectural Renderings Page 13 of 32 Words underlined are additions;Words struck through are deletions. H:\20I6\20I6052B\WP\MPUDA\Post CCPC1Mini-Triangle MPUD Document(PL-202 1000 1 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 276 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) LNllellLAI J" i t Of is Ii 4 . ,41 i 1 y W ttiLifits. . i +fir i 1. • ` 411L..................n• a ... OA 1 t r! IL . t.......ife: i,„ . ., _ 11e e aRI Z i ; W W otf r CL iituim 0 3 1- x ii i J em p V 2 o ._ _ r• Z I— It 4Q alr a. MI f ' "Ili I t ' 4 . -.;•-• . ' 4 0 x « r 4 4 Page 14 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\\2016052B\WP.MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 10001 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 277 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) U 4 —if M- ar ciiiii e 1 tr(.- _) '" St 495 it hi, t gt. I 44 g_ ..... 1 C z 41 g I r V W W1/01 I I4 elt 41•••.. ,,,, ,, r .. Q f. W r t 1 Page 15 of 32 Words underlined are additions;Words struck through are deletions. H:12016.20160528\WP''MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 000 1 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 278 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) erramDWr- i .a. > z Li, a J I— Z Z bDW Z x I; P II7 /rif' .• y'. /,...I-,. dr'..-rr ,/./.,1/./",. dr.Liii."%q 41b/4 / C ea 41 w O i•.. k. a_ I 1e 1 i', ` r 0 x t My; i 4.41.I i GI W rt...... lif z dr j;Y.. a 117 3 iliti*// i UJ a a r f N. e.' Page 16 of 32 Words underlined are additions;Words struck through are deletions. H:C2016 201 t.052 3\DA Post CCPC\Mini-Triangle MPUD Document(PL-202 1 0001 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 279 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) W L fit' J. IM y 4 1. N; i T is pL.V al it. t` ' fir,- A' IL SI y\ yL nr, t. V O 6 a+ re 4 i z • co 6 AL rei t tt I a Z r 1 t z r O S ry 4 0 s\ r r..1 Nl w 4 Q 1 i ea 1.4 1 Fe I- Z Q 5 w Page 17 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP MPUDA\Post CCPC\Mnu-Triangle MPUD Document(PL-202 10001 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 280 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) 0 lig II 11 d II IL 111 r C an RI 0 L re J 1= a+ d1 Z a A H ti. OOaa 0 0t a O w r J CD r g M eIN Page 18 of 32 Words underlined are additions; Words struck through are deletions. H:\20162016052H',WP MPUDA Post CCPC\Mini-Triangle MPUD Document(PL-20210001 100)8-4-2022 v2.docx 11.A.2 Packet Pg. 281 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) i i W dilr 4r Y 4(%:; b•• 1 liall L ..,, „ A 2 w rill!c .IlllAri' I I 1 : i lirW o W 4.9 RI LU ai ai o A i r. ti ems w 111 W A. Q 1 1 ;I I:, g_c a a 1 it Ill` 11111111111111Il illitPC Z 2 Q W Q ri Page 19 of 32 Words underlined are additions; Words struck through are deletions. 1-I:\2016\2016052B\WPMPUDA`,Post CCPC\Mini-Triangle MPUD Document(PL-20210001 100)8-4-2022 v2.docx 11.A.2 Packet Pg. 282 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) Ill ' ' s. ., fr 1114 ''''-': t'. • 41,31,t, 4........... 4 . ii. d 41117' G T 11 I Ott t 1 '44`. ' v.;' r', 1 * I,,..: 1_a+..71'' t' ' t;". lc t:.• .,all i` ' 3,, t o,,, \ \ ..,_ 1 i -1--, 4.„ . le tr.,. s g w Pi t .Yy v l 't, ' 11 es s r4• . IS io ' r • s ek.1 1,41. , A ' 11. 4111V. ':::' 'iff., "; . %Rt.:, J E f•.i Pi q w Ife.....e.,' it` i 1 4t N' r. 1 i Paie 2()of L.or H^2016'2016052B 1',.• 1' L . ii'',1) 11.A.2 Packet Pg. 283 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) 1; 9.641.41t ,. i 1 1 '1 i I I t i. i . 1 k-- _ Ei -..iti .......7. ,•,— ir 'I i 1. LA- .1. B ...:- :z 1 7-=7 7 - • - - I- --::"F- ' -1, lir\ -§t. i Sillill110 1 V a 7-7 1 k r,I \ . _31iw L A 00 1 5 c w 8 w e F,t•,,. tip „. 4:c F. ' • 7„. .f.nq X = ilt 1ztr " of ,- c-7i • i 1 .-_... I.- N -4 4 r _ , Pil lc ' ‘111 di mi,Aill ill 111r Jhrs I Page 21 of 32 cds . derli .....1 i..-..additions: fords stru.:.:: .. szli ar .1: . 4 H:\20I 6'2.. : •,:2: \ Post ..P0.1k: -T. ...:1,:le NIPCD D....urnett,(PI-20:I 11.A.2 Packet Pg. 284 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) el. a 1111 AV S.MENEOPP. 11A. Ilk 11111 11 milli MAT 11' II S 111 111 1 ii. . A :II 4 yr A iiiki s-16. a . • 4t.''76—ina.......: Ma iiiii;1 Ulla..". ,„ Ilk T. WM= •VBL k 1 i 6/1 IIIIKL......181 t%vVii _II r Cing NEW WPF.,-.. illk ma mitir "Ill maii Wm.. ar IL ir 1 vie,:i.,—____ we E for . rrw 014 wa ....II 4111 I:411111t in L. ii\ 1 sist. ft T x if iir i e\ ir I IA A % : I..• t i. g 1 i1l Go. m—.... wm...........•.. r_..—. 6 QE; 5Dn1, I; 1. . 1 Al j gAF- . l : 4 ilori aglit a IL. I 1111 Page 22 of 32 V.)rds underlind are additions: Words struck through are dzletioris H:\201 Posz('CPC\M in-triangle MIPUD Document(PL-202 1000 I I 00)8-4-2022 v2.(1,, 11.A.2 Packet Pg. 285 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) EXHIBIT D MINI-TRIANGLE MPUD LEGAL DESCRIPTION PARCEL 1: LOTS 5 THROUGH 11, INCLUSIVE, OF TRIANGLE LAKE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 4,PAGE 38,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPTING THEREFROM THAT PORTION THEREOF PREVIOUSLY CONVEYED TO THE STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA BY DEED OF CONVEYANCE RECORDED IN DEED BOOK 16,PAGES 163 AND 164, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS AND EXCEPTING: THOSE PORTIONS OF LOTS 5 AND 6, TRIANGLE LAKE, A SUBDIVISION IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 38, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE WEST LINE AND SOUTHERLY EXTENSION OF SAID LOT 6,SOUTH 00 DEGREES 33'46" EAST 245.26 FEET TO THE NORTHERLY EXISTING RIGHT OF WAY LINE OF STATE ROAD 90 (US41) (PER SECTION 03010-2116) FOR A POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY EXTENSION AND WEST LINE NORTH 00 DEGREES 33'46" WEST 24.82 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 11,529.16 FEET, A CENTRAL ANGLE OF 00 DEGREES 47'18.3", AN ARC LENGTH OF 158.65 FEET, THE CHORD FOR WHICH BEARS SOUTH 53 DEGREES 53'54" EAST TO THE EAST LINE OF SAID LOT 5 AND THE END OF SAID CURVE;THENCE ALONG SAID EAST LINE AND SOUTHERLY EXTENSION SOUTH 37 DEGREES 59'11" WEST 20.01 FEET TO SAID NORTHERLY EXISTING RIGHT OF WAY LINE AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 11,509.16 FEET, A CENTRAL ANGLE OF 00 DEGREE 42'45.9", AN ARC LENGTH OF 143.17 FEET, THE CHORD FOR WHICH BEARS NORTH 53 DEGREE 51'48" WEST TO THE END OF SAID CURVE AND THE POINT OF BEGINNING. PARCEL 2 A LOT OR PARCEL OF LAND IN THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, LYING NORTH OF THE TAMIAMI TRAIL, OF SECTION 11 IN TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING SPECIFICALLY DESCRIBED AS FOLLOWS: FROM THE POINT OF INTERSECTION OF THE WEST BOUNDARY LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, LYING Page 23 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-20210001100)8-4-2022 v2.docx 11.A.2 Packet Pg. 286 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) NORTH OF THE TAMIAMI TRAIL (FORMERLY KNOWN AS DIXIE HIGHWAY), OF SECTION 11 IN TOWNSHIP 50 SOUTH, RANGE 25 EAST,COLLIER COUNTY, FLORIDA, WITH THE NORTHEASTERLY RIGHT OF WAY LINE OF THE SAID TAMIAMI TRAIL RUN IN A SOUTHEASTERLY DIRECTION FOR 396.58 FEET ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, TO ESTABLISH THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING DEFLECT 90 DEGREES FROM THE SOUTHEASTERLY TO THE NORTHEASTERLY AND RUN 322.02 FEET; THENCE DEFLECT 43 DEGREES 39 MINUTE 10 SECONDS, FROM THE NORTHEASTERLY TO THE NORTHERLY AND RUN 57.48 FEET;THENCE DEFLECT 69 DEGREES 51 MINUTES 00 SECONDS FROM NORTHERLY TO NORTHWESTERLY AND RUN 63.91 FEET; THENCE DEFLECT 66 DEGREES: 29 MINUTES 50 SECONDS FROM NORTHWESTERLY TO SOUTHWESTERLY AND RUN 338.2 FEET TO THE SAID NORTHEASTERLY RIGHT OF WAY LINE OF SAID TAMIAMI TRAIL;THENCE IN A SOUTHEASTERLY DIRECTION RUN 98.29 FEET ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE THE POINT BEGINNING. LESS AND EXCEPTING THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 6 OF SAID TRIANGLE LAKE; THENCE ALONG THE WEST LINE AND THE SOUTHERLY EXTENSION OF SAID LOT 6, SOUTH 00 DEGREES 33'46" EAST 307.41 FEET TO THE SURVEY BASE OF STATE ROAD 90 (US 41) AND TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG SAID SURVEY BASE LINE, THE ARC OF SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 11,459.16 FEET,A CENTRAL ANGLE OF 01 DEGREES 15'59.2", AN ARC LENGTH OF 253.29 FEET, THE CHORD FOR WHICH BEARS SOUTH 53 DEGREES 24'08" EAST TO THE END OF SAID CURVE; THENCE NORTH 37 DEGREES 13'52"EAST, 50.00 FEET TO THE NORTHERLY EXISTING RIGHT OF WAY LINE OF SAID STATE ROAD 90 (US 41) (PER SECTION 03010-2116) FOR A POINT OF BEGINNING; THENCE NORTH 37 DEGREES 59'11" EAST 20.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 11,529.16 FEET, A CENTRAL ANGLE OF 00 DEGREES 29'17.3", AN ARC LENGTH OF 98.22 FEET, THE CHORD FOR WHICH BEARS SOUTH 52 DEGREES 31'25" EAST TO THE END OF SAID CURVE; THENCE SOUTH 37 DEGREES 59'11" WEST, 20.00 FEET TO SAID NORTHERLY EXISTING RIGHT OF WAY LINE AND THE BEGINNING OF THE CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE,THE ARC OF SAID CURVE TO THE LEFT,HAVING A RADIUS OF 11,509.16 FEET, A CENTRAL ANGLE OF 00 DEGREE 29'20.3", AN ARC LENGTH OF 98.22 FEET, THE CORD WHICH BEARS NORTH 52 DEGREES 31'28"WEST TO THE END OF SAID CURVE AND THE POINT OF BEGINNING. CONTAINING 1,964 SQUARE FEET. PARCEL 3 Page 24 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP1MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202I0001100)8-4-2022 v2.docx 11.A.2 Packet Pg. 287 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) A LOT OR PARCEL OF LAND IN THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, LYING NORTH OF TAMIAMI TRAIL, OF SECTION 11, TOWNSHIP 50 SOUTH OF RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING SPECIFICALLY DESCRIBED AS FOLLOWS: FROM THE POINT OF INTERSECTION OF THE WEST BOUNDARY LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, LYING NORTH OF THE TAMIAMI TRAIL (FORMERLY KNOWN AS DIXIE HIGHWAY), OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, WITH THE NORTHEASTERLY RIGHT OF WAY LINE OF THE SAID TAMIAMI TRAIL RUN IN A SOUTHEASTERLY DIRECTION FOR 298.29 FEET ALONG THE SAID NORTHEASTERLY RIGHT OF WAY LINE, TO ESTABLISH THE POINT OF BEGINNING, THENCE FROM THE POINT OF BEGINNING DEFLECT 90 DEGREES FROM THE SOUTHEASTERLY TO NORTHEASTERLY AND RUN 338.2 FEET, THENCE DEFLECT 113 DEGREES 30'10" FROM NORTHEASTERLY TO NORTHWESTERLY AND RUN 107.18 FEET THENCE DEFLECT 66 DEGREES 29'50" FROM NORTHWESTERLY TO SOUTHWESTERLY AND RUN 295.46 FEET TO THE SAID NORTHEASTERLY RIGHT OF WAY LINE OF SAID TAMIAMI TRAIL, THENCE IN A SOUTHEASTERLY DIRECTION RUN 98.29 FEET ALONG THE SAID NORTHEASTERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING. PARCEL 4 LOT 4,TRIANGLE LAKE SUBDIVISION AS PLATTED AND RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, IN PLAT BOOK 4, PAGE 38. PARCELS 3 AND 4 LESS AND EXCEPT: THAT PORTION OF LOT 4,TRIANGLE LAKE,A SUBDIVISION,AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 38, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,AND THAT PORTION OF THE NORTHWEST 1/4, ALL BEING IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST. BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 6 OF SAID TRIANGLE LAKE, THENCE ALONG THE WEST LINE AND THE SOUTHERLY EXTENSION OF SAID LOT 6, SOUTH 00 DEGREES 33'46" EAST, 307.41 FEET TO THE SURVEY BASE LINE OF STATE ROAD 90 (US 41) AND TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG SAID SURVEY BASE LINE, THE ARC OF SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 11,459.16 FEET,A CENTRAL ANGLE OF 00 DEGREES 31'43", AN ARC LENGTH OF 105.72 FEET, THE CHORD OF WHICH BEARS SOUTH 53 DEGREES 46'16" EAST TO THE END OF SAID CURVE, THENCE NORTH 36 DEGREES 29'35" EAST, 50.00 FEET TO THE INTERSECTION OF THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 4 AND THE NORTHERLY EXISTING RIGHT OF WAY LINE OF SAID STATE ROAD 90(US 41)(PER SECTION 03010-2116)FOR A POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY EXTENSION AND SAID WEST LINE NORTH 37 DEGREES 59'11" EAST, 20.01 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY;THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 11,529.16 FEET,A CENTRAL ANGLE OF 00 DEGREE 44'11.6",AN ARC LENGTH OF 148.21 FEET, THE CHORD FOR WHICH BEARS SOUTH 53 Page 25 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\201605213\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 10001 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 288 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) DEGREES 08'09" EAST TO THE END OF SAID CURVE; THENCE SOUTH 37 DEGREES 59'11"WEST,20 FEET TO SAID NORTHERLY EXISTING RIGHT OF WAY LINE AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 11,509.16 FEET, A CENTRAL ANGLE OF 00 DEGREES 44'16.2", AN ARC LENGTH OF 148.21 FEET, THE CHORD FOR WHICH BEARS NORTH 53 DEGREES 08'16" WEST TO THE END OF SAID CURVE AND THE POINT OF BEGINNING. PARCEL 5: LOTS 12, 13, 14, AND 15, TRIANGLE LAKE SUBDIVISION, AS PLATTED AND RECORDED IN PLAT BOOK 4, PAGE 38, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. OVERALL ACREAGE = 233,058.41 SQUARE FEET OR 5.35 ACRES, AS MEASURED/CALCULATED. Page 26 of 32 Words underlined are additions;Words struck through are deletions. H:\20I6\2016052n\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-2021000I I00)8-4-2022 v2.docx 11.A.2 Packet Pg. 289 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) EXHIBIT E MINI-TRIANGLE MPUD LIST OF DEVIATIONS FROM LDC This 5.35 acre MPUD is located within the Bayshore/Gateway Redevelopment Area and specifically within the Mini Triangle Subdistrict. Given the desire for this area to be a catalyst for further redevelopment within the broader Bayshore/Gateway Redevelopment Area, and given the urban characteristics of this area, in addition to the specific deviations listed below, additional deviations may be requested from any applicable dimensional or design standards set forth in the LDC, excluding building height, utilizing the process and procedures set forth in LDC Section 10.02.03.F, Site plan with deviations .ir redevelopment projects. Deviations are as follows: Architectural Standards: 1. Deviation from LDC 4.02.16.C.8.d.,which requires that residential uses be constructed concurrent with, or prior to, the construction of commercial uses,to allow for construction of residential uses without restriction as to timing of construction of commercial uses. 2. Deviation from LDC 4.02.16.D.3.b., Frontage, which requires that the primary entrance for any building be oriented to the street, to allow all primary project entrances to be internal to the project via and internal courtyard, although additional primary and secondary entrances may be located along US 41 or Davis Boulevard. 3. Deviation from LDC Section 4.02.16 D.7.i.i., (Materials) which requires that mixed-use building exteriors consist of wood clapboard, stucco finish, cement fiber board products, brick, or stone,to include glass as an allowable external material. 4. Deviation from LDC Section 4.02.16 D.7.i.ii., which requires pitched roofs to be metal seam (5v Crimp, standing seam or similar design), slate, copper, or wood shingles, to include tile as an allowable material. Landscape Standards: 5. Deviation from LDC 4.06.05.D.2.a., which limits the use of palm trees in a Type D buffer to a maximum of 30% to allow for up to 70% of the required canopy trees to be Royal Palm trees. Royal Palm trees shall be 25 feet in height, on average, with a minimum height of 20 feet at the time of planting. 6. Deviation from Section 4.02.16. E.2.a.iii., which requires a minimum 10 foot wide Type D buffer, meeting the design standards of'section 4.06.02.C.4., to allow the buffer to be reduced to a minimum of 6 feet in width where the buffer abuts a right turn deceleration lane. Page 27 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 0001 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 290 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) Parking" cinema parking. I space for eae . . Open Space 87. Deviation from Section 4.07.02 G. 2., which requires at least 30 percent of the gross area to be devoted to usable open space within PUD districts containing commercial,industrial, and mixed use including residential,to allow for a minimum of 15 percent of the gross area to be devoted to usable open space. Signs 98. Deviation from LDC Section 5.06.04 F.3, which permits multiple-occupancy parcels or multiple parcels developed under a unified development plan, with a minimum of 8 independent units, and containing 20,000 square feet or more of leasable floor area, 1 directory sign at one entrance on each public street, to allow shared Directory signs between the Mini-Triangle MPUD development and the development immediately adjacent to the west and/or the east on US 41. The shared Directory sign(s)will be located west and/or east of the projects potential shared entrance(s) on Tamiami Trail East (US 41). A shared sign may be located such that it is entirely on either parcel or partially on both parcels, to the west and/or east as the ultimate condition for shared entries may be. The sign(s) will meet all other applicable development standards set forth in Section 5.06.04.F.3. In the event a shared Directory sign is permitted between the Mini Triangle project and a project adjacent to the east and/or the west along Tamiami Trail East(US 41), no other individual Directory sign shall be permitted along Tamiami Trail East(US 41)for the projects sharing the Directory sign. 4-09. Deviation from Section 5.06.04.F.9., which establishes development standards for on- premise directional signs and limits the number of such signs to a maximum of 4, to allow for up to 6 on-premise directional signs within this MPUD, in accordance with all other requirements set forth in Section 5.06.04. F.9. Page 28 of 32 Words underlined are additions;Words struck through are deletions. H:\20I6\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 10001 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 291 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) EXHIBIT F MINI-TRIANGLE MPUD LIST OF DEVELOPER COMMITMENTS 1. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for MPUD monitoring until close-out of the PUD,and this entity shall also be responsible for satisfying all MPUD commitments until close-out of the MPUD. At the time of this MPUD approval, the Managing Entity is Real Estate Partners International, LLC. 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, to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer convey tracts, the Managing Entity shall provide written notice to the County that includes an acknowledgement of the commitments required by the MPUD by the new owner and the new tract-owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the MPUD is closed out,then the Managing Entity is no longer responsible for the monitoring and fulfillment of MPUD commitments. 2. TRANSPORTATION a. Maximum Total Daily Trip Generation In no case shall the maximum Net New Trip generation exceed 628 two-way PM peak hour adjusted trips, based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for the SDP/SDPA or subdivision plat approval. The term Net New Trips means the new trips generated by development within the Mini Triangle Subdistrict, reduced by "pass-by"trips and internal capture. b. Transit Stops/Shelter The Owner shall provide easements to Collier County in a form acceptable to Collier County to accommodate 2 transit stops,one on the project's frontage on US 41 and one on the project's frontage on Davis Boulevard. As part of the site improvements authorized by the initial Site Development Plan, the Developer/Owner shall, at its sole expense, install a shelter and related site improvements for the transit stop located on the project's US 41 frontage, utilizing a design consistent with established CAT architectural standards or consistent with project architectural standards (i.e. similar to recently constructed Naples Airport Authority CAT stops developed in theme with NAA architectural standards). Additionally, the Owner shall convey to the County an easement to relocate the existing undeveloped transit stop on Davis Boulevard from in front of the Trio site to this MPUD site. The easement will be similar in size to the US Page 29 of 32 Words underlined are additions;Words struck through are deletions. H:12016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 0001 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 292 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) 41 transit stop easement. The easement will be conveyed free and clear of all liens and encumbrances and at no cost to the County. If Collier County decides to improve the Davis Boulevard transit stop (with shelter and related site improvements), it will be done in an architectural theme consistent with the US 41 stop location. Any part of the required landscape buffer vegetation displaced by the CAT stop improvements shall be disbursed elsewhere within the PUD. The exact location and conveyance of such easements and the specifications for the shelter shall be finalized prior to the initial Site Development Plan approval. At the Developer's/Owner's option, a unique design consistent with the project architecture may be utilized. 3. UTILITIES a. At the time of approval of this MPUD,Collier County Utilities Department has verified that there is adequate sewer capacity to serve this project; however,at the time of initial subdivision plat and/or Site Development Plan (SDP), as the case may be, offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined during the subdivision plat and or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. b. The Mini Triangle MPUD is located within the City of Naples potable water services area. The City of Naples Utilities Department has verified that there is adequate potable water capacity to serve this project. Prior to approval of a subdivision plat or SDP, the Developer shall provide written documentation that the development plans for the plat or SDP, as the case may be, have been reviewed and approved by the City of Naples Utility Department with respect to the provision of potable water service to the project. 4. EMERGENCY MANAGEMENT The developer shall provide the Emergency Management Division with a 45kw towable diesel, quiet running, multi-phase, multi-voltage generator to be used at other hurricane evacuation shelter sites as a one-time hurricane mitigation effort. Emergency Management will provide approved specifications to the developer who will deliver the generator to Emergency Management, with all necessary warranty and manuals, new and tested for immediate operation as well as a certificate of origin for over the road towing, tags, registration, etc. The one-time generator contribution will be provided at the time of the first residential certificate of occupancy. Page 30 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-2021000I 100)8-4-2022 v2.docx 11.A.2 Packet Pg. 293 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) 5. ALF/RETIREMENT COMMUNITY COMMITMENTS If an ALF/Retirement Community is constructed within the Subdistrict,the following provisions shall be required: a. The facility shall be for residents 55 years of age and older. b. There shall be on-site dining for residents. c. Group transportation services shall be provided for residents for purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individual needs including but not limited to medical office visits. d. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall be responsible for coordinating trips to off-site events as well as planning for lectures, movies, music, and other forms of educational and entertainment activities for the residents. e. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. f.Each unit shall be equipped to notify emergency services providers in the event of a medical or other emergency. g. Each unit shall be designed so that a resident can age in place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheel chair bound resident or bathrooms may be retrofitted to add grab bars. 6. NAPLES AIRPORT AUTHORITY (NAA) a. The Developer shall record a restrictive covenant, using the Naples Municpal Airport Agreement and Declaration of Height Restrictions and Covenants in a form approved by the Naples Airport Authority, in the public records of Collier County, that stipulates: i. The maximum height of any building or other structure (including rooftop appurtenances) shall not exceed_160 feet above the established elevation of the Naples Airport, which is a total height of 168 NAVD. The restrictive covenant shall be recorded at the time of conveying the title of the property from the County to the Developer, and prior to any mortgage or other encumbrance. ii. The Developer shall provide in any and all declarations of condominium, sales contracts, leases and similar instruments encumbering, selling or transferring any interests in the project, the following disclosure: NAPLES MUNICIPAL AIRPORT. THE NAPLES MUNICPAL AIRPORT IS LOCATED LESS THAN ONE (1) MILE FROM THE CONDOMINIUM] [PROPERTY] [PREMISES], IN CLOSE PROXIMITY THERETO. [PURCHASERS][OWNERS][TENANTS] CAN EXPECT ALL OF THE USUAL AND COMMON NOISES AND DISTURBANCES CREATED BY, AND INCIDENT TO, THE OPERATION OF AN AIRPORT." Page 31 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 10001 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 294 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) iii. The Developer shall comply with all stipulations of each FAA Determination of No Hazard to Air Navigation issued on January 20,2017, or as may be extended, reissued or subsequently issued. iv. Any crane used for construction and/or maintenance shall first receive a FAA Determination of No Hazard to Air Navigation and the applicant shall adhere to any stipulations contained within any such FAA Determination of No Hazard. 7. MISCELLANEOUS a. Pursuant to Section 125.022(5)F.S., 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 of 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 undertake actions that result in a violation of the state or federal law. b. All other applicable state or federal permits must be obtained before commencement of the development. Page 32 of 32 Words underlined are additions;Words struck through are deletions. 14:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 000 1 1 00)8-4-2022 v2.docx 11.A.2 Packet Pg. 295 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) c#.I%If %Ili, J t x 5 /' AIV FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State October 6, 2022 Martha S. Vergara, BMR & VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Martha Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of corrected Collier County Ordinance No. 2022-36, which was filed in this office on October 6, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 11.A.2 Packet Pg. 296 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) jiltir 40 -' r.' FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State October 4, 2022 Martha S. Vergara, BMR& VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, Florida 34112 Dear Martha Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2022-33, which was filed in this office on October 4, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 11.A.2 Packet Pg. 297 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) Source: Esri, Maxar, Earthstar Geographics, and the GIS UserCommunity 5 0 52.5 Miles ± Legend Route 121 Route 27 Route 25 Route 24 Route 23 Route 22 Route 21 Route 20 Route 19 Route 17 Route 16 Route 15 Route 14 Route 13 Route 12 Route 11 MPO Boundaries Urban Areas (2020) 50K and Over APPENDIX H CAT Routes and 2020 Urban Boundaries 11.A.2 Packet Pg. 298 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement of Live Local Application) 11/1/23, 9:36 AM Collier Shelters https://cgweb05.eamclassic.opengov.com/CollierCOFL/Map/Printout?title=Collier Shelters&timestamp=1698845712&orientation=landscape&printoutGuid=7efecbdb-3c69-4353-bcb8-6fae6874f39c 1/1 11.A.2 Packet Pg. 299 Attachment: PL20230018375 zvl 2625 Davis Blvd. Live Local complete-signed (28194 : BCC Endorsement ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 1 of 28 CODING: Words stricken are deletions; words underlined are additions. 1 An act relating to affordable housing; amending ss. 2 125.01055 and 166.04151, F.S.; clarifying application; 3 prohibiting counties and municipalities, respectively, 4 from restricting the floor area ratio of certain 5 proposed developments under certain circumstances; 6 providing that the density, floor area ratio, or 7 height of certain developments, bonuses, variances, or 8 other special exceptions are not included in the 9 calculation of the currently allowed density, floor 10 area ratio, or height by counties and municipalities, 11 respectively; authorizing counties and municipalities, 12 respectively, to restrict the height of proposed 13 developments under certain circumstances; prohibiting 14 the administrative approval by counties and 15 municipalities, respectively, of a proposed 16 development within a specified proximity to a military 17 installation; requiring counties and municipalities, 18 respectively, to maintain a certain policy on their 19 websites; requiring counties and municipalities, 20 respectively, to consider reducing parking 21 requirements under certain circumstances; requiring 22 counties and municipalities, respectively, to reduce 23 or eliminate parking requirements for certain proposed 24 mixed-use developments that meet certain requirements; 25 providing certain requirements for developments 26 located within a transit-oriented development or area; 27 defining the term “major transportation hub”; making 28 technical changes; providing requirements for 29 11.A.3 Packet Pg. 300 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 2 of 28 CODING: Words stricken are deletions; words underlined are additions. developments authorized located within a transit-30 oriented development or area; clarifying that a county 31 or municipality, respectively, is not precluded from 32 granting additional exceptions; clarifying that a 33 proposed development is not precluded from receiving a 34 bonus for density, height, or floor area ratio if 35 specified conditions are satisfied; requiring that 36 such bonuses be administratively approved by counties 37 and municipalities, respectively; revising 38 applicability; authorizing that specified developments 39 be treated as a conforming use under certain 40 circumstances; authorizing that specified developments 41 be treated as a nonconforming use under certain 42 circumstances; authorizing applicants for certain 43 proposed developments to notify a county or 44 municipality, as applicable, of their intent to 45 proceed under certain provisions; requiring counties 46 and municipalities to allow certain applicants to 47 submit a revised application, written request, or 48 notice of intent; amending s. 196.1978, F.S.; revising 49 the definition of the term “newly constructed”; 50 revising conditions for when multifamily projects are 51 considered property used for a charitable purpose and 52 are eligible to receive an ad valorem property tax 53 exemption; making technical changes; requiring 54 property appraisers to make certain exemptions from ad 55 valorem property taxes; providing the method for 56 determining the value of a unit for certain purposes; 57 requiring property appraisers to review certain 58 11.A.3 Packet Pg. 301 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 3 of 28 CODING: Words stricken are deletions; words underlined are additions. applications and make certain determinations; 59 authorizing property appraisers to request and review 60 additional information; authorizing property 61 appraisers to grant exemptions only under certain 62 conditions; revising requirements for property owners 63 seeking a certification notice from the Florida 64 Housing Finance Corporation; providing that a certain 65 determination by the corporation does not constitute 66 an exemption; revising eligibility; conforming 67 provisions to changes made by the act; amending s. 68 196.1979, F.S.; revising the value to which a certain 69 ad valorem property tax exemption applies; revising a 70 condition of eligibility for vacant residential units 71 to qualify for a certain ad valorem property tax 72 exemption; making technical changes; revising the 73 deadline for an application for exemption; revising 74 deadlines by which boards and governing bodies must 75 deliver to or notify the Department of Revenue of the 76 adoption, repeal, or expiration of certain ordinances; 77 requiring property appraisers to review certain 78 applications and make certain determinations; 79 authorizing property appraisers to request and review 80 additional information; authorizing property 81 appraisers to grant exemptions only under certain 82 conditions; providing the method for determining the 83 value of a unit for certain purposes; providing for 84 retroactive application; amending s. 333.03, F.S.; 85 excluding certain proposed developments from specified 86 airport zoning provisions; amending s. 420.507, F.S.; 87 11.A.3 Packet Pg. 302 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 4 of 28 CODING: Words stricken are deletions; words underlined are additions. revising the enumerated powers of the corporation; 88 amending s. 420.5096, F.S.; making technical changes; 89 amending s. 420.518, F.S.; specifying conditions under 90 which the corporation may preclude applicants from 91 corporation programs; providing an appropriation; 92 providing an effective date. 93 94 Be It Enacted by the Legislature of the State of Florida: 95 96 Section 1. Subsection (7) of section 125.01055, Florida 97 Statutes, is amended, and subsection (8) is added to that 98 section, to read: 99 125.01055 Affordable housing.— 100 (7)(a) A county must authorize multifamily and mixed-use 101 residential as allowable uses in any area zoned for commercial, 102 industrial, or mixed use if at least 40 percent of the 103 residential units in a proposed multifamily rental development 104 are rental units that, for a period of at least 30 years, are 105 affordable as defined in s. 420.0004. Notwithstanding any other 106 law, local ordinance, or regulation to the contrary, a county 107 may not require a proposed multifamily development to obtain a 108 zoning or land use change, special exception, conditional use 109 approval, variance, or comprehensive plan amendment for the 110 building height, zoning, and densities authorized under this 111 subsection. For mixed-use residential projects, at least 65 112 percent of the total square footage must be used for residential 113 purposes. 114 (b) A county may not restrict the density of a proposed 115 development authorized under this subsection below the highest 116 11.A.3 Packet Pg. 303 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 5 of 28 CODING: Words stricken are deletions; words underlined are additions. currently allowed density on any unincorporated land in the 117 county where residential development is allowed under the 118 county’s land development regulations. For purposes of this 119 paragraph, the term “highest currently allowed density” does not 120 include the density of any building that met the requirements of 121 this subsection or the density of any building that has received 122 any bonus, variance, or other special exception for density 123 provided in the county’s land development regulations as an 124 incentive for development. 125 (c) A county may not restrict the floor area ratio of a 126 proposed development authorized under this subsection below 150 127 percent of the highest currently allowed floor area ratio on any 128 unincorporated land in the county where development is allowed 129 under the county’s land development regulations. For purposes of 130 this paragraph, the term “highest currently allowed floor area 131 ratio” does not include the floor area ratio of any building 132 that met the requirements of this subsection or the floor area 133 ratio of any building that has received any bonus, variance, or 134 other special exception for floor area ratio provided in the 135 county’s land development regulations as an incentive for 136 development. For purposes of this subsection, the term floor 137 area ratio includes floor lot ratio. 138 (d)1.(c) A county may not restrict the height of a proposed 139 development authorized under this subsection below the highest 140 currently allowed height for a commercial or residential 141 building development located in its jurisdiction within 1 mile 142 of the proposed development or 3 stories, whichever is higher. 143 For purposes of this paragraph, the term “highest currently 144 allowed height” does not include the height of any building that 145 11.A.3 Packet Pg. 304 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 6 of 28 CODING: Words stricken are deletions; words underlined are additions. met the requirements of this subsection or the height of any 146 building that has received any bonus, variance, or other special 147 exception for height provided in the county’s land development 148 regulations as an incentive for development. 149 2. If the proposed development is adjacent to, on two or 150 more sides, a parcel zoned for single-family residential use 151 which is within a single-family residential development with at 152 least 25 contiguous single-family homes, the county may restrict 153 the height of the proposed development to 150 percent of the 154 tallest building on any property adjacent to the proposed 155 development, the highest currently allowed height for the 156 property provided in the county’s land development regulations, 157 or 3 stories, whichever is higher. For the purposes of this 158 paragraph, the term “adjacent to” means those properties sharing 159 more than one point of a property line, but does not include 160 properties separated by a public road. 161 (e)(d) A proposed development authorized under this 162 subsection must be administratively approved and no further 163 action by the board of county commissioners is required if the 164 development satisfies the county’s land development regulations 165 for multifamily developments in areas zoned for such use and is 166 otherwise consistent with the comprehensive plan, with the 167 exception of provisions establishing allowable densities, floor 168 area ratios, height, and land use. Such land development 169 regulations include, but are not limited to, regulations 170 relating to setbacks and parking requirements. A proposed 171 development located within one-quarter mile of a military 172 installation identified in s. 163.3175(2) may not be 173 administratively approved. Each county shall maintain on its 174 11.A.3 Packet Pg. 305 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 7 of 28 CODING: Words stricken are deletions; words underlined are additions. website a policy containing procedures and expectations for 175 administrative approval pursuant to this subsection. 176 (f)1.(e) A county must consider reducing parking 177 requirements for a proposed development authorized under this 178 subsection if the development is located within one-quarter one-179 half mile of a major transit stop, as defined in the county’s 180 land development code, and the major transit stop is accessible 181 from the development. 182 2. A county must reduce parking requirements by at least 20 183 percent for a proposed development authorized under this 184 subsection if the development: 185 a. Is located within one-half mile of a major 186 transportation hub that is accessible from the proposed 187 development by safe, pedestrian-friendly means, such as 188 sidewalks, crosswalks, elevated pedestrian or bike paths, or 189 other multimodal design features; and 190 b. Has available parking within 600 feet of the proposed 191 development which may consist of options such as on-street 192 parking, parking lots, or parking garages available for use by 193 residents of the proposed development. However, a county may not 194 require that the available parking compensate for the reduction 195 in parking requirements. 196 3. A county must eliminate parking requirements for a 197 proposed mixed-use residential development authorized under this 198 subsection within an area recognized by the county as a transit-199 oriented development or area, as provided in paragraph (h). 200 4. For purposes of this paragraph, the term “major 201 transportation hub” means any transit station, whether bus, 202 train, or light rail, which is served by public transit with a 203 11.A.3 Packet Pg. 306 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 8 of 28 CODING: Words stricken are deletions; words underlined are additions. mix of other transportation options. 204 (g)(f) For proposed multifamily developments in an 205 unincorporated area zoned for commercial or industrial use which 206 is within the boundaries of a multicounty independent special 207 district that was created to provide municipal services and is 208 not authorized to levy ad valorem taxes, and less than 20 209 percent of the land area within such district is designated for 210 commercial or industrial use, a county must authorize, as 211 provided in this subsection, such development only if the 212 development is mixed-use residential. 213 (h) A proposed development authorized under this subsection 214 which is located within a transit-oriented development or area, 215 as recognized by the county, must be mixed-use residential and 216 otherwise comply with requirements of the county’s regulations 217 applicable to the transit-oriented development or area except 218 for use, height, density, floor area ratio, and parking as 219 provided in this subsection or as otherwise agreed to by the 220 county and the applicant for the development. 221 (i)(g) Except as otherwise provided in this subsection, a 222 development authorized under this subsection must comply with 223 all applicable state and local laws and regulations. 224 (j)1. Nothing in this subsection precludes a county from 225 granting a bonus, variance, conditional use, or other special 226 exception for height, density, or floor area ratio in addition 227 to the height, density, and floor area ratio requirements in 228 this subsection. 229 2. Nothing in this subsection precludes a proposed 230 development authorized under this subsection from receiving a 231 bonus for density, height, or floor area ratio pursuant to an 232 11.A.3 Packet Pg. 307 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 9 of 28 CODING: Words stricken are deletions; words underlined are additions. ordinance or regulation of the jurisdiction where the proposed 233 development is located if the proposed development satisfies the 234 conditions to receive the bonus except for any condition which 235 conflicts with this subsection. If a proposed development 236 qualifies for such bonus, the bonus must be administratively 237 approved by the county and no further action by the board of 238 county commissioners is required. 239 (k)(h) This subsection does not apply to: 240 1. Airport-impacted areas as provided in s. 333.03. 241 2. Property defined as recreational and commercial working 242 waterfront in s. 342.201(2)(b) in any area zoned as industrial. 243 (l)(i) This subsection expires October 1, 2033. 244 (8) Any development authorized under paragraph (7)(a) must 245 be treated as a conforming use even after the expiration of 246 subsection (7) and the development’s affordability period as 247 provided in paragraph (7)(a), notwithstanding the county’s 248 comprehensive plan, future land use designation, or zoning. If 249 at any point during the development’s affordability period the 250 development violates the affordability period requirement 251 provided in paragraph (7)(a), the development must be allowed a 252 reasonable time to cure such violation. If the violation is not 253 cured within a reasonable time, the development must be treated 254 as a nonconforming use. 255 Section 2. Subsection (7) of section 166.04151, Florida 256 Statutes, is amended, and subsection (8) is added to that 257 section, to read: 258 166.04151 Affordable housing.— 259 (7)(a) A municipality must authorize multifamily and mixed-260 use residential as allowable uses in any area zoned for 261 11.A.3 Packet Pg. 308 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 10 of 28 CODING: Words stricken are deletions; words underlined are additions. commercial, industrial, or mixed use if at least 40 percent of 262 the residential units in a proposed multifamily rental 263 development are rental units that, for a period of at least 30 264 years, are affordable as defined in s. 420.0004. Notwithstanding 265 any other law, local ordinance, or regulation to the contrary, a 266 municipality may not require a proposed multifamily development 267 to obtain a zoning or land use change, special exception, 268 conditional use approval, variance, or comprehensive plan 269 amendment for the building height, zoning, and densities 270 authorized under this subsection. For mixed-use residential 271 projects, at least 65 percent of the total square footage must 272 be used for residential purposes. 273 (b) A municipality may not restrict the density of a 274 proposed development authorized under this subsection below the 275 highest currently allowed density on any land in the 276 municipality where residential development is allowed under the 277 municipality’s land development regulations. For purposes of 278 this paragraph, the term “highest currently allowed density” 279 does not include the density of any building that met the 280 requirements of this subsection or the density of any building 281 that has received any bonus, variance, or other special 282 exception for density provided in the municipality’s land 283 development regulations as an incentive for development. 284 (c) A municipality may not restrict the floor area ratio of 285 a proposed development authorized under this subsection below 286 150 percent of the highest currently allowed floor area ratio on 287 any land in the municipality where development is allowed under 288 the municipality’s land development regulations. For purposes of 289 this paragraph, the term “highest currently allowed floor area 290 11.A.3 Packet Pg. 309 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 11 of 28 CODING: Words stricken are deletions; words underlined are additions. ratio” does not include the floor area ratio of any building 291 that met the requirements of this subsection or the floor area 292 ratio of any building that has received any bonus, variance, or 293 other special exception for floor area ratio provided in the 294 municipality’s land development regulations as an incentive for 295 development. For purposes of this subsection, the term “floor 296 area ratio” includes floor lot ratio. 297 (d)1.(c) A municipality may not restrict the height of a 298 proposed development authorized under this subsection below the 299 highest currently allowed height for a commercial or residential 300 building development located in its jurisdiction within 1 mile 301 of the proposed development or 3 stories, whichever is higher. 302 For purposes of this paragraph, the term “highest currently 303 allowed height” does not include the height of any building that 304 met the requirements of this subsection or the height of any 305 building that has received any bonus, variance, or other special 306 exception for height provided in the municipality’s land 307 development regulations as an incentive for development. 308 2. If the proposed development is adjacent to, on two or 309 more sides, a parcel zoned for single-family residential use 310 that is within a single-family residential development with at 311 least 25 contiguous single-family homes, the municipality may 312 restrict the height of the proposed development to 150 percent 313 of the tallest building on any property adjacent to the proposed 314 development, the highest currently allowed height for the 315 property provided in the municipality’s land development 316 regulations, or 3 stories, whichever is higher. For the purposes 317 of this paragraph, the term “adjacent to” means those properties 318 sharing more than one point of a property line, but does not 319 11.A.3 Packet Pg. 310 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 12 of 28 CODING: Words stricken are deletions; words underlined are additions. include properties separated by a public road. 320 (e)(d) A proposed development authorized under this 321 subsection must be administratively approved and no further 322 action by the governing body of the municipality is required if 323 the development satisfies the municipality’s land development 324 regulations for multifamily developments in areas zoned for such 325 use and is otherwise consistent with the comprehensive plan, 326 with the exception of provisions establishing allowable 327 densities, floor area ratios, height, and land use. Such land 328 development regulations include, but are not limited to, 329 regulations relating to setbacks and parking requirements. A 330 proposed development located within one-quarter mile of a 331 military installation identified in s. 163.3175(2) may not be 332 administratively approved. Each municipality shall maintain on 333 its website a policy containing procedures and expectations for 334 administrative approval pursuant to this subsection. 335 (f)1.(e) A municipality must consider reducing parking 336 requirements for a proposed development authorized under this 337 subsection if the development is located within one-quarter one-338 half mile of a major transit stop, as defined in the 339 municipality’s land development code, and the major transit stop 340 is accessible from the development. 341 2. A municipality must reduce parking requirements by at 342 least 20 percent for a proposed development authorized under 343 this subsection if the development: 344 a. Is located within one-half mile of a major 345 transportation hub that is accessible from the proposed 346 development by safe, pedestrian-friendly means, such as 347 sidewalks, crosswalks, elevated pedestrian or bike paths, or 348 11.A.3 Packet Pg. 311 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 13 of 28 CODING: Words stricken are deletions; words underlined are additions. other multimodal design features. 349 b. Has available parking within 600 feet of the proposed 350 development which may consist of options such as on-street 351 parking, parking lots, or parking garages available for use by 352 residents of the proposed development. However, a municipality 353 may not require that the available parking compensate for the 354 reduction in parking requirements. 355 3. A municipality must eliminate parking requirements for a 356 proposed mixed-use residential development authorized under this 357 subsection within an area recognized by the municipality as a 358 transit-oriented development or area, as provided in paragraph 359 (h). 360 4. For purposes of this paragraph, the term “major 361 transportation hub” means any transit station, whether bus, 362 train, or light rail, which is served by public transit with a 363 mix of other transportation options. 364 (g)(f) A municipality that designates less than 20 percent 365 of the land area within its jurisdiction for commercial or 366 industrial use must authorize a proposed multifamily development 367 as provided in this subsection in areas zoned for commercial or 368 industrial use only if the proposed multifamily development is 369 mixed-use residential. 370 (h) A proposed development authorized under this subsection 371 which is located within a transit-oriented development or area, 372 as recognized by the municipality, must be mixed-use residential 373 and otherwise comply with requirements of the municipality’s 374 regulations applicable to the transit-oriented development or 375 area except for use, height, density, floor area ratio, and 376 parking as provided in this subsection or as otherwise agreed to 377 11.A.3 Packet Pg. 312 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 14 of 28 CODING: Words stricken are deletions; words underlined are additions. by the municipality and the applicant for the development. 378 (i)(g) Except as otherwise provided in this subsection, a 379 development authorized under this subsection must comply with 380 all applicable state and local laws and regulations. 381 (j)1. Nothing in this subsection precludes a municipality 382 from granting a bonus, variance, conditional use, or other 383 special exception to height, density, or floor area ratio in 384 addition to the height, density, and floor area ratio 385 requirements in this subsection. 386 2. Nothing in this subsection precludes a proposed 387 development authorized under this subsection from receiving a 388 bonus for density, height, or floor area ratio pursuant to an 389 ordinance or regulation of the jurisdiction where the proposed 390 development is located if the proposed development satisfies the 391 conditions to receive the bonus except for any condition which 392 conflicts with this subsection. If a proposed development 393 qualifies for such bonus, the bonus must be administratively 394 approved by the municipality and no further action by the 395 governing body of the municipality is required. 396 (k)(h) This subsection does not apply to: 397 1. Airport-impacted areas as provided in s. 333.03. 398 2. Property defined as recreational and commercial working 399 waterfront in s. 342.201(2)(b) in any area zoned as industrial. 400 (l)(i) This subsection expires October 1, 2033. 401 (8) Any development authorized under paragraph (7)(a) must 402 be treated as a conforming use even after the expiration of 403 subsection (7) and the development’s affordability period as 404 provided in paragraph (7)(a), notwithstanding the municipality’s 405 comprehensive plan, future land use designation, or zoning. If 406 11.A.3 Packet Pg. 313 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 15 of 28 CODING: Words stricken are deletions; words underlined are additions. at any point during the development’s affordability period the 407 development violates the affordability period requirement 408 provided in paragraph (7)(a), the development must be allowed a 409 reasonable time to cure such violation. If the violation is not 410 cured within a reasonable time, the development must be treated 411 as a nonconforming use. 412 Section 3. An applicant for a proposed development 413 authorized under s. 125.01055(7) or s. 166.04151(7), Florida 414 Statutes, who submitted an application, written request, or 415 notice of intent to utilize such provisions to the county or 416 municipality and which has been received by the county or 417 municipality, as applicable, before the effective date of this 418 act may notify the county or municipality by July 1, 2024, of 419 its intent to proceed under the provisions of s. 125.01055(7) or 420 s. 166.04151(7), Florida Statutes, as they existed at the time 421 of submittal. A county or municipality shall allow an applicant 422 who submitted such application, written request, or notice of 423 intent before the effective date of this act the opportunity to 424 submit a revised application, written request, or notice of 425 intent to account for the changes made by this act. 426 Section 4. Subsection (3) of section 196.1978, Florida 427 Statutes, is amended to read: 428 196.1978 Affordable housing property exemption.— 429 (3)(a) As used in this subsection, the term: 430 1. “Corporation” means the Florida Housing Finance 431 Corporation. 432 2. “Newly constructed” means an improvement to real 433 property which was substantially completed within 5 years before 434 the date of an applicant’s first submission of a request for a 435 11.A.3 Packet Pg. 314 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 16 of 28 CODING: Words stricken are deletions; words underlined are additions. certification notice or an application for an exemption pursuant 436 to this subsection section, whichever is earlier. 437 3. “Substantially completed” has the same meaning as in s. 438 192.042(1). 439 (b) Notwithstanding ss. 196.195 and 196.196, portions of 440 property in a multifamily project are considered property used 441 for a charitable purpose and are eligible to receive an ad 442 valorem property tax exemption if such portions meet all of the 443 following conditions: 444 1. Provide affordable housing to natural persons or 445 families meeting the income limitations provided in paragraph 446 (d).; 447 2.a. Are within a newly constructed multifamily project 448 that contains more than 70 units dedicated to housing natural 449 persons or families meeting the income limitations provided in 450 paragraph (d); or 451 b. Are within a newly constructed multifamily project in an 452 area of critical state concern, as designated by s. 380.0552 or 453 chapter 28-36, Florida Administrative Code, which contains more 454 than 10 units dedicated to housing natural persons or families 455 meeting the income limitations provided in paragraph (d). and 456 3. Are rented for an amount that does not exceed the amount 457 as specified by the most recent multifamily rental programs 458 income and rent limit chart posted by the corporation and 459 derived from the Multifamily Tax Subsidy Projects Income Limits 460 published by the United States Department of Housing and Urban 461 Development or 90 percent of the fair market value rent as 462 determined by a rental market study meeting the requirements of 463 paragraph (l) (m), whichever is less. 464 11.A.3 Packet Pg. 315 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 17 of 28 CODING: Words stricken are deletions; words underlined are additions. (c) If a unit that in the previous year received qualified 465 for the exemption under this subsection and was occupied by a 466 tenant is vacant on January 1, the vacant unit is eligible for 467 the exemption if the use of the unit is restricted to providing 468 affordable housing that would otherwise meet the requirements of 469 this subsection and a reasonable effort is made to lease the 470 unit to eligible persons or families. 471 (d)1. The property appraiser shall exempt: 472 a. Seventy-five percent of the assessed value of the units 473 in multifamily projects that meet the requirements of this 474 subsection and are Qualified property used to house natural 475 persons or families whose annual household income is greater 476 than 80 percent but not more than 120 percent of the median 477 annual adjusted gross income for households within the 478 metropolitan statistical area or, if not within a metropolitan 479 statistical area, within the county in which the person or 480 family resides; and, must receive an ad valorem property tax 481 exemption of 75 percent of the assessed value. 482 b.2. From ad valorem property taxes the units in 483 multifamily projects that meet the requirements of this 484 subsection and are Qualified property used to house natural 485 persons or families whose annual household income does not 486 exceed 80 percent of the median annual adjusted gross income for 487 households within the metropolitan statistical area or, if not 488 within a metropolitan statistical area, within the county in 489 which the person or family resides, is exempt from ad valorem 490 property taxes. 491 2. When determining the value of a unit for purposes of 492 applying an exemption pursuant to this paragraph, the property 493 11.A.3 Packet Pg. 316 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 18 of 28 CODING: Words stricken are deletions; words underlined are additions. appraiser must include in such valuation the proportionate share 494 of the residential common areas, including the land, fairly 495 attributable to such unit. 496 (e) To be eligible to receive an exemption under this 497 subsection, a property owner must submit an application on a 498 form prescribed by the department by March 1 for the exemption, 499 accompanied by a certification notice from the corporation to 500 the property appraiser. The property appraiser shall review the 501 application and determine whether the applicant meets all of the 502 requirements of this subsection and is entitled to an exemption. 503 A property appraiser may request and review additional 504 information necessary to make such determination. A property 505 appraiser may grant an exemption only for a property for which 506 the corporation has issued a certification notice and which the 507 property appraiser determines is entitled to an exemption. 508 (f) To receive a certification notice, a property owner 509 must submit a request to the corporation for certification on a 510 form provided by the corporation which includes all of the 511 following: 512 1. The most recently completed rental market study meeting 513 the requirements of paragraph (l) (m). 514 2. A list of the units for which the property owner seeks 515 an exemption. 516 3. The rent amount received by the property owner for each 517 unit for which the property owner seeks an exemption. If a unit 518 is vacant and qualifies for an exemption under paragraph (c), 519 the property owner must provide evidence of the published rent 520 amount for each vacant unit. 521 4. A sworn statement, under penalty of perjury, from the 522 11.A.3 Packet Pg. 317 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 19 of 28 CODING: Words stricken are deletions; words underlined are additions. applicant restricting the property for a period of not less than 523 3 years to housing persons or families who meet the income 524 limitations under this subsection. 525 (g) The corporation shall review the request for a 526 certification notice and certify whether a property that meets 527 the eligibility criteria of paragraphs (b) and (c) this 528 subsection. A determination by the corporation regarding a 529 request for a certification notice does not constitute a grant 530 of an exemption pursuant to this subsection or final agency 531 action pursuant to chapter 120. 532 1. If the corporation determines that the property meets 533 the eligibility criteria for an exemption under this subsection, 534 the corporation must send a certification notice to the property 535 owner and the property appraiser. 536 2. If the corporation determines that the property does not 537 meet the eligibility criteria, the corporation must notify the 538 property owner and include the reasons for such determination. 539 (h) The corporation shall post on its website the deadline 540 to submit a request for a certification notice. The deadline 541 must allow adequate time for a property owner to submit a timely 542 application for exemption to the property appraiser. 543 (i) The property appraiser shall review the application and 544 determine if the applicant is entitled to an exemption. A 545 property appraiser may grant an exemption only for a property 546 for which the corporation has issued a certification notice. 547 (j) If the property appraiser determines that for any year 548 during the immediately previous 10 years a person who was not 549 entitled to an exemption under this subsection was granted such 550 an exemption, the property appraiser must serve upon the owner a 551 11.A.3 Packet Pg. 318 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 20 of 28 CODING: Words stricken are deletions; words underlined are additions. notice of intent to record in the public records of the county a 552 notice of tax lien against any property owned by that person in 553 the county, and that property must be identified in the notice 554 of tax lien. Any property owned by the taxpayer and situated in 555 this state is subject to the taxes exempted by the improper 556 exemption, plus a penalty of 50 percent of the unpaid taxes for 557 each year and interest at a rate of 15 percent per annum. If an 558 exemption is improperly granted as a result of a clerical 559 mistake or an omission by the property appraiser, the property 560 owner improperly receiving the exemption may not be assessed a 561 penalty or interest. 562 (j)(k) Units subject to an agreement with the corporation 563 pursuant to chapter 420 recorded in the official records of the 564 county in which the property is located to provide housing to 565 natural persons or families meeting the extremely-low-income, 566 very-low-income, or low-income limits specified in s. 420.0004 567 are not eligible for this exemption. 568 (k)(l) Property receiving an exemption pursuant to s. 569 196.1979 or units used as a transient public lodging 570 establishment as defined in s. 509.013 are is not eligible for 571 this exemption. 572 (l)(m) A rental market study submitted as required by 573 subparagraph (f)1. paragraph (f) must identify the fair market 574 value rent of each unit for which a property owner seeks an 575 exemption. Only a certified general appraiser as defined in s. 576 475.611 may issue a rental market study. The certified general 577 appraiser must be independent of the property owner who requests 578 the rental market study. In preparing the rental market study, a 579 certified general appraiser shall comply with the standards of 580 11.A.3 Packet Pg. 319 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 21 of 28 CODING: Words stricken are deletions; words underlined are additions. professional practice pursuant to part II of chapter 475 and use 581 comparable property within the same geographic area and of the 582 same type as the property for which the exemption is sought. A 583 rental market study must have been completed within 3 years 584 before submission of the application. 585 (m)(n) The corporation may adopt rules to implement this 586 section. 587 (n)(o) This subsection first applies to the 2024 tax roll 588 and is repealed December 31, 2059. 589 Section 5. Present subsections (6) and (7) of section 590 196.1979, Florida Statutes, are redesignated as subsections (8) 591 and (9), respectively, new subsections (6) and (7) are added to 592 that section, and paragraph (b) of subsection (1), subsection 593 (2), paragraphs (d), (f), and (l) of subsection (3), and 594 subsection (5) of that section are amended, to read: 595 196.1979 County and municipal affordable housing property 596 exemption.— 597 (1) 598 (b) Qualified property may receive an ad valorem property 599 tax exemption of: 600 1. Up to 75 percent of the assessed value of each 601 residential unit used to provide affordable housing if fewer 602 than 100 percent of the multifamily project’s residential units 603 are used to provide affordable housing meeting the requirements 604 of this section. 605 2. Up to 100 percent of the assessed value of each 606 residential unit used to provide affordable housing if 100 607 percent of the multifamily project’s residential units are used 608 to provide affordable housing meeting the requirements of this 609 11.A.3 Packet Pg. 320 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 22 of 28 CODING: Words stricken are deletions; words underlined are additions. section. 610 (2) If a residential unit that in the previous year 611 received qualified for the exemption under this section and was 612 occupied by a tenant is vacant on January 1, the vacant unit may 613 qualify for the exemption under this section if the use of the 614 unit is restricted to providing affordable housing that would 615 otherwise meet the requirements of this section and a reasonable 616 effort is made to lease the unit to eligible persons or 617 families. 618 (3) An ordinance granting the exemption authorized by this 619 section must: 620 (d) Require the local entity to verify and certify property 621 that meets the requirements of the ordinance as qualified 622 property and forward the certification to the property owner and 623 the property appraiser. If the local entity denies the 624 application for certification exemption, it must notify the 625 applicant and include reasons for the denial. 626 (f) Require the property owner to submit an application for 627 exemption, on a form prescribed by the department, accompanied 628 by the certification of qualified property, to the property 629 appraiser no later than the deadline specified in s. 196.011 630 March 1. 631 (l) Require the county or municipality to post on its 632 website a list of certified properties receiving the exemption 633 for the purpose of facilitating access to affordable housing. 634 (5) An ordinance adopted under this section must expire 635 before the fourth January 1 after adoption; however, the board 636 of county commissioners or the governing body of the 637 municipality may adopt a new ordinance to renew the exemption. 638 11.A.3 Packet Pg. 321 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 23 of 28 CODING: Words stricken are deletions; words underlined are additions. The board of county commissioners or the governing body of the 639 municipality shall deliver a copy of an ordinance adopted under 640 this section to the department and the property appraiser within 641 10 days after its adoption, but no later than January 1 of the 642 year such exemption will take effect. If the ordinance expires 643 or is repealed, the board of county commissioners or the 644 governing body of the municipality must notify the department 645 and the property appraiser within 10 days after its expiration 646 or repeal, but no later than January 1 of the year the repeal or 647 expiration of such exemption will take effect. 648 (6) The property appraiser shall review each application 649 for exemption and determine whether the applicant meets all of 650 the requirements of this section and is entitled to an 651 exemption. A property appraiser may request and review 652 additional information necessary to make such determination. A 653 property appraiser may grant an exemption only for a property 654 for which the local entity has certified as qualified property 655 and which the property appraiser determines is entitled to an 656 exemption. 657 (7) When determining the value of a unit for purposes of 658 applying an exemption pursuant to this section, the property 659 appraiser must include in such valuation the proportionate share 660 of the residential common areas, including the land, fairly 661 attributable to such unit. 662 Section 6. The amendments made by this act to ss. 196.1978 663 and 196.1979, Florida Statutes, are intended to be remedial and 664 clarifying in nature and apply retroactively to January 1, 2024. 665 Section 7. Present subsection (5) of section 333.03, 666 Florida Statutes, is redesignated as subsection (6), and a new 667 11.A.3 Packet Pg. 322 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 24 of 28 CODING: Words stricken are deletions; words underlined are additions. subsection (5) is added to that section, to read: 668 333.03 Requirement to adopt airport zoning regulations.— 669 (5) Sections 125.01055(7) and 166.04151(7) do not apply to 670 any of the following: 671 (a) A proposed development near a runway within one-quarter 672 of a mile laterally from the runway edge and within an area that 673 is the width of one-quarter of a mile extending at right angles 674 from the end of the runway for a distance of 10,000 feet of any 675 existing airport runway or planned airport runway identified in 676 the local government’s airport master plan. 677 (b) A proposed development within any airport noise zone 678 identified in the federal land use compatibility table or in a 679 land-use zoning or airport noise regulation adopted by the local 680 government. 681 (c) A proposed development that exceeds maximum height 682 restrictions identified in the political subdivision’s airport 683 zoning regulation adopted pursuant to this section. 684 Section 8. Subsection (35) of section 420.507, Florida 685 Statutes, is amended to read: 686 420.507 Powers of the corporation.—The corporation shall 687 have all the powers necessary or convenient to carry out and 688 effectuate the purposes and provisions of this part, including 689 the following powers which are in addition to all other powers 690 granted by other provisions of this part: 691 (35) To preclude any applicant, sponsor, or affiliate of an 692 applicant or sponsor from further participation in any of the 693 corporation’s programs as provided in s. 420.518, any applicant 694 or affiliate of an applicant which has made a material 695 misrepresentation or engaged in fraudulent actions in connection 696 11.A.3 Packet Pg. 323 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 25 of 28 CODING: Words stricken are deletions; words underlined are additions. with any application for a corporation program. 697 Section 9. Subsection (3) of section 420.5096, Florida 698 Statutes, is amended to read: 699 420.5096 Florida Hometown Hero Program.— 700 (3) For loans made available pursuant to s. 701 420.507(23)(a)1. or 2., the corporation may underwrite and make 702 those mortgage loans through the program to persons or families 703 who have household incomes that do not exceed 150 percent of the 704 state median income or local median income, whichever is 705 greater. A borrower must be seeking to purchase a home as a 706 primary residence; must be a first-time homebuyer and a Florida 707 resident; and must be employed full-time by a Florida-based 708 employer. The borrower must provide documentation of full-time 709 employment, or full-time status for self-employed individuals, 710 of 35 hours or more per week. The requirement to be a first-time 711 homebuyer does not apply to a borrower who is an active duty 712 servicemember of a branch of the armed forces or the Florida 713 National Guard, as defined in s. 250.01, or a veteran. 714 Section 10. Section 420.518, Florida Statutes, is amended 715 to read: 716 420.518 Preclusion from participation in corporation 717 programs Fraudulent or material misrepresentation.— 718 (1) An applicant, a sponsor, or an affiliate of an 719 applicant or a sponsor may be precluded from participation in 720 any corporation program if the applicant or affiliate of the 721 applicant has: 722 (a) Made a material misrepresentation or engaged in 723 fraudulent actions in connection with any corporation program. 724 (b) Been convicted or found guilty of, or entered a plea of 725 11.A.3 Packet Pg. 324 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 26 of 28 CODING: Words stricken are deletions; words underlined are additions. guilty or nolo contendere to, regardless of adjudication, a 726 crime in any jurisdiction which directly relates to the 727 financing, construction, or management of affordable housing or 728 the fraudulent procurement of state or federal funds. The record 729 of a conviction certified or authenticated in such form as to be 730 admissible in evidence under the laws of the state shall be 731 admissible as prima facie evidence of such guilt. 732 (c) Been excluded from any federal funding program related 733 to the provision of housing, including debarment from 734 participation in federal housing programs by the United States 735 Department of Housing and Urban Development. 736 (d) Been excluded from any federal or Florida procurement 737 programs. 738 (e) Offered or given consideration, other than the 739 consideration to provide affordable housing, with respect to a 740 local contribution. 741 (f) Demonstrated a pattern of noncompliance and a failure 742 to correct any such noncompliance after notice from the 743 corporation in the construction, operation, or management of one 744 or more developments funded through a corporation program. 745 (g) Materially or repeatedly violated any condition imposed 746 by the corporation in connection with the administration of a 747 corporation program, including a land use restriction agreement, 748 an extended use agreement, or any other financing or regulatory 749 agreement with the corporation. 750 (2) Upon a determination by the board of directors of the 751 corporation that an applicant or affiliate of the applicant be 752 precluded from participation in any corporation program, the 753 board may issue an order taking any or all of the following 754 11.A.3 Packet Pg. 325 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 27 of 28 CODING: Words stricken are deletions; words underlined are additions. actions: 755 (a) Preclude such applicant or affiliate from applying for 756 funding from any corporation program for a specified period. The 757 period may be a specified period of time or permanent in nature. 758 With regard to establishing the duration, the board shall 759 consider the facts and circumstances, inclusive of the 760 compliance history of the applicant or affiliate of the 761 applicant, the type of action under subsection (1), and the 762 degree of harm to the corporation’s programs that has been or 763 may be done. 764 (b) Revoke any funding previously awarded by the 765 corporation for any development for which construction or 766 rehabilitation has not commenced. 767 (3) Before any order issued under this section can be 768 final, an administrative complaint must be served on the 769 applicant, affiliate of the applicant, or its registered agent 770 that provides notification of findings of the board, the 771 intended action, and the opportunity to request a proceeding 772 pursuant to ss. 120.569 and 120.57. 773 (4) Any funding, allocation of federal housing credits, 774 credit underwriting procedures, or application review for any 775 development for which construction or rehabilitation has not 776 commenced may be suspended by the corporation upon the service 777 of an administrative complaint on the applicant, affiliate of 778 the applicant, or its registered agent. The suspension shall be 779 effective from the date the administrative complaint is served 780 until an order issued by the corporation in regard to that 781 complaint becomes final. 782 Section 11. For the 2024-2025 fiscal year, from the funds 783 11.A.3 Packet Pg. 326 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application) ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 28 of 28 CODING: Words stricken are deletions; words underlined are additions. received and deposited into the General Revenue Fund from the 784 state’s allocation from the federal Coronavirus State Fiscal 785 Recovery Fund created under the American Rescue Plan Act of 786 2021, Pub. L. No. 117-2, the sum of $100 million in nonrecurring 787 funds is appropriated to the State Housing Trust Fund for use by 788 the Florida Housing Finance Corporation to implement the Florida 789 Hometown Hero Program established in s. 420.5096, Florida 790 Statutes. 791 Section 12. This act shall take effect upon becoming a law. 792 11.A.3 Packet Pg. 327 Attachment: Senate Bill 328 Live Local (28194 : BCC Endorsement of Live Local Application)