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Ordinance 2024-46 ORDINANCE NO. 2024- 46 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP SERIES TO ADD THE TOLLGATE HOUSING PARCEL TO PROPERTY DESIGNATED AS URBAN, URBAN COMMERCIAL DISTRICT, INTERCHANGE ACTIVITY CENTER SUBDISTRICT,ACTIVITY CENTER#9 TO ALLOW CONSTRUCTION OF 110 MULTIFAMILY RENTAL UNITS WITH AFFORDABLE HOUSING ON 5 ACRES OF LAND ALSO KNOWN AS PARCEL 11 OF THE COMMERCIAL AREAS, "A" PARCELS, ON THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT MASTER DEVELOPMENT PLAN, AS AN ALTERNATIVE TO COMMERCIAL USES, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULVEARD, NORTH OF BECK BOULEVARD AT 3880 TOLLGATE BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA (PL20230007876) WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, K2 Housing Naples, LLC requested an amendment to the Future Land Use Element and Future Land Use Map Series; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small-Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or a rural area of opportunity; and [24-CMP-01210/1887649/1]52 PL20230007876 1 of 3 Toll Gate SSGMPA 11/12/24 WHEREAS, the Collier County Planning Commission (CCPC) on September 20, 2024, 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 and Future Land Use Map and Map Series of the Growth Management Plan on November 12, 2024; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendments to the Future Land Use Element and Future Land Use Map Series attached hereto as Exhibit "A" and incorporated herein by reference, are hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMERCE The Board of County Commissioners directs transmittal of the adopted amendment to the Florida Department of Commerce. SECTION THREE: 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 FOUR: EFFECTIVE DATE. The effective date of this plan amendment,if the amendment is not timely challenged,shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. [24-CMP-01210/18 87649/1]52 PL20230007876 2 of 3 Toll Gate SSGMPA 11/12/24 PASSED AND DMLY ADOPTED by the Board of County Commissioners of Collier County, Florida this ra day of NOVe 2024. ATFEBTite,,, BOARD OF COUNTY COMMISSIONERS •CRYSTAL Kr KINZEL, CLERK COLLIER COUNTY, FLORIDA BY: test as t epotSisClerk C s all, Chairman signature only Approved as to form and legality: This ordinance fiied with the Ott Secretary of State's Office the - ` .day of �o rmt,T 2,oil He di Ashton-Cicko and acknowledgement or that Managing Assistant County Attorney ©fin received this LI dray By Den etas k Attachment: Exhibit A—Text and Parcel Map [24-CMP-01210/1887649/1]52 PL20230007876 3 of 3 Toll Gate SSGMPA 11/12/24 Exhibit A COLLIER COUNTY FUTURE LAND USE ELEMENT Urban Designation C.Urban—Commercial District 2.Interchange Activity Center Subdistrict: Interchange Activity Centers have been designated on the Future Land Use Map at three of the County's four Interstate 75 interchanges and include numbers 4, 9 and 10; there is no Activity Center at the new I-75/Golden Gate Parkway interchange.The boundaries of these Interchange Activity Centers have been specifically defined on the maps located at the end of this Section as part of the Future Land Use Map Series.Any changes to the boundaries of these Interchange Activity Centers shall require an amendment to the Future Land Use Map Series. Interchange Activity Centers#4(I-75 at Immokalee Road)and#10(I-75 at Pine Ridge Road)allow for the same mixture of land uses as allowed in the Mixed Use Activity Centers; additionally, industrial uses, as identified below, are allowed in the southwest and southeast quadrants of Interchange Activity Center#4.No industrial uses shall be allowed in Interchange Activity Center#10.The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. All new projects within Activity Center#9 are encouraged to have a unified plan of development in the form of a Planned Unit Development.However,the 3.7-acre property formerly utilized by the Florida Highway Patrol Headquarters located east of the Tollgate PUD/DRI may be split into two(2)parcels and one of the parcels being 3.4 acres will be permitted to utilize conventional zoning. The remainder 0.26-acre parcel is excluded from Interchange Activity Center#9. The mixture of uses allowed in Interchange Activity Center#9 shall include all land uses allowed in the Mixed Use Activity Centers; additionally, industrial uses shall be allowed in the northeast and southeast quadrants of I- 75 and Collier Boulevard,and in the southwest quadrant of Collier and Davis Boulevards. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. For residential-only development,if a project is located within the boundaries of an Interchange Activity Center which is not within the Urban Residential Fringe Subdistrict, up to 16 residential units per gross acre may be allowed. Development located within the boundaries of an Interchange Activity Center in all subdistrict may be permitted up to 25 units per gross acre per standards of the Mixed- Income Housing Program for housing that is affordable as outlined in the LDC. If such a project is located within the boundaries of an Interchange Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict,except as allowed by the Mixed- Income Housing Program for housing that is affordable as outlined in the LDC. For a residential-only project located partially within and partially outside of an Activity Center,the density accumulated from the Activity Center portion of the project may be distributed throughout the project. Mixed-use developments—whether consisting of residential units located above commercial uses,in an attached building, or in a freestanding building—are allowed and encouraged within Interchange Activity Centers. Such mixed-use projects are intended to be developed at a humanscale,pedestrian-oriented, and interconnected with adjacent projects—whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with adjacent properties, where possible and practicable, are encouraged. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of an Interchange Activity Center which is not within the Urban Residential Fringe Subdistrict,the eligible density is sixteen dwelling units per acre.Development located within the boundaries of an Interchange Activity Center in all subdistrict may be permitted up to twenty-five(25) units per gross acre per standards of the mixed-Income Housing Program for housing that is affordable as outlined in the LDC. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban PL20230007876 Page 1 of 4 11-12-2024 Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center,and the portion within an Activity Center is developed as mixed use,the density accumulated from the Activity Center portion of the project shall not be distributed outside of the Activity Center. Based on the unique location and function of Interchange Activity Centers, some Industrial land uses—those that serve regional markets and derive specific benefit when located in the Interchange Activity Centers—shall be allowed in the Activity Center quadrants previously identified.These uses shall be limited to:manufacturing,warehousing,storage,and distribution. During the rezone process,each such use shall be reviewed to determine if it will be compatible with existing and approved land uses. The following conditions shall be required to ensure compatibility of Industrial land uses with other land uses allowed in the Interchange Activity Centers;to maintain the appearance of these Interchange Activity Centers as gateways to the community; and to mitigate any adverse impacts caused by noise, glare or fumes to the adjacent property owners. The Planned Unit Development and/or rezoning ordinance shall contain specific language regarding the permitted Industrial land uses,compatibility requirements,and development standards consistent with the following conditions. Site-specific development details will be reviewed during the Site Development Plan review process. a. Landscaping,buffering and/or berming shall be installed along the Interstate; b. Fencing shall be wooden or masonry; C. Wholesale and storage uses shall not be permitted immediately adjacent to the right-ofwayof the Interstate;d. Central water and sewage systems shall be required; e. Ingress and egress shall be consistent with State Access Management Plans,as applicable; f. No direct access to the Interstate right-of-way shall be permitted; g. Joint access and frontage roads shall be established when frontage is not adequate to meet the access spacing requirements of the Access Control Policy, Activity Center Access Management Plan provisions, or State Access Management Plans,as applicable; h. Access points and median openings shall be designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for U-turn movements; I. The developer shall be responsible to provide all necessary traffic improvements to include traffic signals,turn lanes, deceleration lanes,and other improvements deemed necessary—as determined through the rezoning process;and, j. A maximum floor area ratio(FAR)for the designated Industrial land uses component of the projects shall be established at 0.45. Tollgate Housing Parcel The Tollgate Housing Parcel comprises 5+/- acres on the east side of Collier Boulevard (C.R. 951), north of Beck Boulevard with direct access to Tollgate Boulevard within Activity Center#9 in Section 35,Township 49,Range 26. In addition to the uses, densities, and intensities allowed in Activity Center#9,the Tollgate Housing Parcel is intended to allow multi-family dwelling units to promote the integration of housing in proximity to transit,employment centers,and public infrastructure, which will serve to reduce existing trip lengths. The Tollgate Housing Parcel is identified in the Activity Center Subdistrict Map included as Part of the FLUM and Map Series for Activity Center#9,and is within the existing Tollgate Commercial Center PUD. The Development of the Tollgate Housing Parcel shall be governed by the following criteria: a. Rezoning is required to be in the form of an amendment to the Tollgate Commercial Center PUD. b. Residential uses are allowed at a maximum density of 22 dwelling units per acre calculated based upon the PL20230007876 Page 2 of 4 11-12-2024 entire acreage of the Tollgate Housing Parcel,not to exceed 110 dwelling units,and related amenities. 1. Thirty Three(33)units(collectively referred to as"Set Aside Units")shall be restricted as follows: a) Twelve(12)units shall be rented to households whose incomes are up to and including 80% of the Area Median Income(AMI)for Collier County and the corresponding rent limits. b) Thirteen(21)units shall be rented to households whose incomes are up to and including 100% of the AMI for Collier County and the corresponding rent limits. 2. There will be no income restrictions on the remaining units within the Tollgate Housing Parcel identified on FLUE Activity Center Map#9.However,the remaining units will be rent restricted at a rent equal to or less than rents permitted for households whose incomes are up to and including 120% of the AMI for Collier County. These rent restrictions will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit.Rent limits may be adjusted annually based on the rent limit table published by the Florida Housing Finance Corporation of the U.S. Department of Housing and Urban Development. 3. The Set Aside Units shall be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first Set Aside Unit. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. 4. As part of the annual PUD monitoring report,the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units.For rent restricted units,rent rolls and rental data will be provided in a format approved by Collier County Community and Human Services Division.Developer agrees to annual on-site monitoring by the County. C. All dwellings will be rental units. d. The Density Rating System is not applicable to the Tollgate Housing Parcel. PL20230007876 Page 3 of 4 11-12-2024 9 u 3 3T O N n \ F ci,raft c 'i'1pUip�pt ® 9 N x ( c > E N C.= ...... N 8 o f , —mrn � ilc nmm►ran►`' I, r.c3 3/ 0 . ..0, v sAIa .yxi �--- - I w ) "`• 1[11 �•- 1=1 c F r �/I T I I I I I r1I'I11ii C -;7 - ri>.•-•. �/ �j �If�u) ' � o ��ii tir e ��T 1I1111111111111 ; g, a-Iu I C am_= I I I I I I I I I I I I I I I f' — s I �!e , 1 00 — 1 l I I 1.,[ Lj_., l 6 `n Is E. T Sri /!:i 4 illlllila _____L. - .1 4iiisor %\o1111 a no 0 t, 1 Ii t is 1111//II i���,O� 2 IIIIIIIj IIM�t�,,0���;\O�� ga "' 00 11. /,C7. • 2 / I) I I I :. i • o Q yv IT % O ,G 0 2 8; 0 F� I D v y c 0 ...) t — f.o�mo N nmmrm T _ pp� 9 °ill o - m0*j0 G1 m c�r5 m ^ 11 -rg O m °m °1DOm X n m m I 1-3 s€ -§ Rvbno < m p ni p e ii _ yz m n z C F m �^ �'m���23 N Si m am a2 a . d2 a . 5 , y z s : ° mm=� z° raw ao zo im zo zm ; Z , v �S y O Z ZOyy Z 4 zm O 0 O , O V e ti 1" yC m Z O o m 2 6 L1 6 T '1 i tg N V N� N C N� rig' ^ N (9 6 0 c Z9T 0, L Np N Z T l J N y_ N p ZZ Q. 25 m 0 m 842 ZD Q �x ON NZ1 N W tg m.Zl a m 0. O i - p y OTyv D v0 vN v0 W J W o C mm ZT W N V N y M}M QVj n O O /� .....-.--...— m � �O ' ,, 011 x` i r�'� �1,IL� 0 _:-: FLORIDA DEPARTMENT Of STATE RON DESANTIS Governor CORD BYRD Secretary of State November 14, 2024 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Crystal Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2024-46, which was filed in this office on November 14, 2024. Sincerely, Alexandra Leijon Administrative Code and Register Director AL R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270