Ordinance 2024-51 ORDINANCE NO. 2024- 51
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 AND MAP SERIES BY
ADDING THE FIDDLER'S CREEK SECTION 29
DEVELOPMENT AREA AND AMENDING THE
ALLOWABLE USES IN THE NEUTRAL LANDS WITHIN
THE RURAL FRINGE MIXED USE DISTRICT,
AGRICULTURAL/RURAL DESIGNATION, TO REMOVE
DEVELOPMENT RESTRICTIONS ON SECTION 29 AND
ALLOW 750 ADDITIONAL RESIDENTIAL DWELLING
UNITS,30% OF WHICH WILL BE RENT RESTRICTED AS
AFFORDABLE, ON 49.91± ACRES OF PROPERTY
LOCATED 3/4 MILES SOUTH OF TAMIAMI TRAIL EAST
(U.S. 41) AND 3/4 MILES EAST OF AUTO RANCH ROAD, IN
SECTION 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA; AND FURTHERMORE,
DIRECTING TRANSMITTAL OF THE ADOPTED
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMERCE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
[PL20210003111]
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, FCC Preserve, LLC requested an amendment to the Future Land Use
Element and Future Land Use Map and Map Series to add the Fiddler's Creek Section 29
Development Area and amend the allowable uses in the Neutral Lands within the Rural Fringe
Mixed Use District, Agricultural/Rural Designation; and
WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is
considered a Small-Scale Amendment; and
[22-CMP-01122/1848436/1] 128
Fiddler's Creek Section 29(GMPA)PL202 10003 1 1 1 Page 1 of 3
3/15/2024
CAO
WHEREAS, the Development Area property is not located in an area of critical state
concern or rural area of opportunity; and
WHEREAS, the Collier County Planning Commission (CCPC) on April 18, 2024, May
2, 2024 and July 18, 2024 considered the proposed amendment to the Growth Management Plan
and recommended denial 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 December 10, 2024; 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 and Future Land Use Map and Map Series, in accordance with Section
163.3184, Florida Statutes. The text amendment and map amendment are 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 commence
before it has become effective.
[22-CMP-01122/1848436/1] 128
Fiddler's Creek Section 29(GMPA)PL202 1 0003 1 1 1 Page 2 of 3
3/15/2024
cJo
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 10th day of December, 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K:KIhFZF.j CLERK COLLIER COUNTY, FLORIDA
By: • 7 By:
Ades t0 17 t!'�` pu Clerk 01Jlakll, Chairman
signature onkir t1,xs 3,
Approved as to form and legality:
4fil
Derek D. Perry
Assistant County Attorney
Attachment:
Exhibit"A"—Proposed Text Amendment & Map Amendment
This ordlnarlce filed with rrz
ecretory of Srate'sS� TIC3 the
day of� L ''r
and acknew'edgemf nt of that
fiiinp received this r day
Bnl• Dep art
[22-CMP-01122/1848436/1] 128
Fiddler's Creek Section 29(GMPA)PL202 10003 III Page 3 of 3
3/15/2024 0
Exhibit A PL20220000946
EXHIBIT A
FUTURE LAND USE ELEMENT
*** *** *** *** *** *** *** *** *** *** *** *** ***
Policy 1.9: [page 11]
Overlays and Special Features shall include:
A. Area of Critical State Concern Overlay
N. Fiddler's Creek Section 29 Development Area
*** *** *** *** *** *** *** *** *** *** *** *** ***
FUTURE LAND USE DESIGNATION
*** *** *** *** *** *** *** *** *** *** *** *** ***
II. AGRICULTURAL/RURAL DESIGNATION
*** *** *** *** *** *** *** *** *** *** *** *** ***
B. Rural Fringe Mixed Use District
*** *** *** *** *** *** *** *** *** *** *** *** ***
B) Neutral Lands:
*** *** *** *** *** *** *** *** *** *** *** *** ***
3. Allowable Uses:
*** *** *** *** *** *** *** *** *** *** *** *** ***
s) Existing uUnits approved for the Fiddler's Creek portion of the Marco Shores/Fiddler's
Creek PUD 4 may be reallocated to those parts of Sections 18, and 19, and Township
51 South, Range 27 East added to Fiddler's Creek DRI together with part of Section 29,
Township 51 South, Range 27 East, at a density greater than 1 unit per 5 gross acres
provided that no new units are added to the 6,0006,750 previously approved permissible
units, which results in a gross density of 1.61.717 units per acre for the Fiddler's Creek
portion of the Marco Shores/Fiddler's Creek PUD DRI; and further provided that no
residential units shall be located on that part of Section 29 within the Fiddler's Creek DRI;
impacted by the DRI in said Sections do not exceed 14 acres.
Residential development of the Fiddler's Creek portion of the Marco Shores/Fiddler's Creek
PUD units in Section 29, as shown on the Fiddler's Creek Section 29 Development Area
Map shall be limited to a maximum of 49.9 acres with 750 residential units, provided that
15 percent of the units will be limited to those earning 80 percent or less of the Area Median
Income (AMI) for Collier County and 15 percent of those units will be limited to those
earning 81 percent to 100 percent of the AMI.
Page 1 of 5
Words underlined are added;words struck-through are deleted.
3/15/2024
Exhibit A PL20220000946
A. Affordable units. Of the dwelling units constructed within each phase in Section 29, the
following requirements will apply:
i. Fifteen percent (15%) of the total units will be rented to households whose
incomes do not exceed eighty percent (80%) of the Area Median Income (AMI)for
Collier County with corresponding rent limits as determined annually by the
Florida Housing Finance Corporation or as otherwise provided by Collier County.
ii. Fifteen percent (15%) of the total units will be rented to households whose
incomes do not exceed one hundred percent (100%) of the AMI for Collier County
with corresponding rent limits as determined annually by the Florida Housing
Finance Corporation or as provided by Collier County.
iii. The Affordable Units will be subject to the provisions under this subdivision for a
period of thirty years (30) from the date of certificate of occupancy of the first
Affordable Unit of each phase.
iv. At each SDP or plat, no less than 30% of the total dwelling units will be identified
as Affordable Units and shown on the SDP or plat with the required AMI
percentage ranges.
B. Preference to Affordable Units shall be given to Essential Service Personnel (ESP) and
military veterans.
i. For the purposes of this ordinance, ESP means natural persons or families at least
one of whom is employed as police or fire personnel, a childcare worker, a teacher
or other educational personnel, health care personnel, skilled building trades
personnel, active-duty military, or a governmental employee.
ii. Each Affordable Unit will be held vacant and advertised for ESP and military
veterans in accordance with paragraph iii below for a minimum of 90 days before
the issuance of unit's certificate of occupancy. In the event that no ESP or military
veteran rents the available Affordable Unit, then the unit may also be offered to
the general public (non-ESP/ military veteran) but shall remain an Affordable Unit
and be rent and income-restricted accordingly.
Each subsequent vacancy of an Affordable Unit shall be advertised to ESP and
military veterans in accordance with paragraph iii below and may also be offered
to the general public (non-ESP/ military veteran) but shall remain an Affordable
Unit and be rent and income-restricted accordingly.
Page 2 of 5
Words underlined are added;words struck-through are deleted.
3/15/2024
0
Exhibit A PL20220000946
iii. At a minimum, advertising will consist of providing written notice to the Collier
County Community and Human Services Division and the human resource
departments for local hospitals, the Collier County Public School District, Collier
County Government, other municipalities within Collier County, all Emergency
Medical Services and fire districts, and the Collier County Sheriff's Office.
iv. Promotional materials for the development shall identify that the project
prioritizes Affordable Units for ESP and military veteran households.
v. The owner shall maintain a waiting list of pre-qualified ESP and military veteran
renters for subsequent vacancies. Waitlist participants shall be notified in advance
of subsequent vacancies.
vi. This commitment for ESP and military veteran preference shall remain in effect
for a period of 30 years from the date of issuance of the certificate of occupancy
of the first Affordable Unit of each phase.
********* *** *** *** *** *** *** *** *** *** ***
FUTURE LAND USE MAP SERIES [page 164]
*** *** *** *** *** *** *** *** *** *** *** *** ***
Airport Carlisle Mixed Use Subdistrict Map
Fiddler's Creek Section 29 Development Area Map
Page 3 of 5
Words underlined are added;words struck-through are deleted.
3/15/2024
Exhibit A PL20220000946
c.... 1 sEsi 1 sig, I s,si I so,i I seri. I sin' I stn. I ssoi I
,!
u-
o:"%ori Jo li"9 !I iri ,_...' 1 --
.± .,.. •• . ..\:• A W -n
,•-i : -17 .e.ci 2 c xi
-.6.i. —III- -
117?111%': „
I
• 11. .1..„4 -,— •. 7
— 2 90Crj-
' AzC M
— _ -/ - --- , trr0
, , 0 —S
., _i - _
-"is 1 ' ''' I!4gri,5 r -
. ILI
grIr. w 0 -
•• i,•. iR .,5Pgi M —
, i ... - • ------ ,-''it$ c
' 4
.• i /
i
:4 L , t ., ..4.
_ ,
7 C.....i 1 '--' / Mi
....
rri. In ' 11 1 /
_ -
• .
. .
. , _1 • , /2 2
3'21
1 it
rti . Ir
... ....-
) Aei/ /4
1111 ,
—I i
.__
I I.,t /'
•
x 6.,(''- / I i ;, ;
—
n i .m , 1 ii .. ! • .. Fft I 1 ;
•
,
'
,-
s
--- ' l
,-
,-.•._ -_ _ _1... .. _,
•-:!! 1 .
• •
pil 7 // m
. •
r,.
_
k)
. ;
11111111111111111n'L.0
Ll ,
M '. ,i .;i.qiitliAillo if li 4! P i!:.; 1 =II In
; ..,, 'i -1411IiiiiiHII' 4" ri II " I_ .
• 11,1 1 ti iii 5 i u , 0 1 ' 1 —
• Ir m
. •• 1 ; i 1 3 1
,
m 1 ! n
1111011111 IiiIIIIIPIIIIIIII "I
;•, it !I's 11 V i II V RIO 41 il 10 1 I 1 1 ! ! 1 i
.
— { dalliiiiiii 'ittI: ; 51• . 1, 1410111111-Iii Is' I; ; Iill I
' I II f i!, i; 1 i 3 ,. , . ; , 7,
.. ,
n .
. _
. i „I,. , • r '
r, .
,
.
,
, .•
— .
: HILT 1 III -7',.:. 01111L1D111111
n o'1,4,4,.0g-c-7-p.21.[3ECZgO h>'sfti'7s2,1-!E';'l'.;,J;s!,,!2 .: 12,i$.,$6,L,i1.2t. ,i. •$. ,W.. . lreigtip, till =. ' rO ; . 1
rn qEwt i
1 " V
i. ;. i ii - i ? .1 i'i ! Mt in
,,1 -,._%;:113,F,E,11,411 ,•-,r I fq‘l I E!,-Itit t g f. ) I i 1 1 i ; 1 i i i i! i
i.,0--, :izt.-r,-I,ii..21.L-..u,•,;-? .;.15 :.7.,:- 0'',; ' . ?' ' ' 6' 2 'lit i i
I ,,, ,,_.: _ - • , F. ,
A-i ilig2.14 LL.111,1112-1j21-811-4'-';: 1 III I 11 Dll
il!I.:I:rill
1,112; :.:....sti .: :..: :,...: :...;..i,;...:;,_S:,_ :.;:!!:4;...,„:":",rc:.•,71, 7:;_:-:!u.;!il- .:
1,. ;,;‘,::i._• i• --;:, -,:„,..--, .te,:-.... ;,,,.: -:-.1,; z1:...7.,-,,--.,3%kr.'.
I son. 1 ozsi I stsi I S091 I sett I grIl I gal 89,1. I
Page 4 of 5
Words underlined are added;words struck-through are deleted.
3/15/2024
-dr)
0
Exhibit A PL20220000946
DRAFT FIDDLER'S CREEK SECTION 29 DEVELOPMENT AREA
COLLIER COUNTY,FLORIDA
Morgan DR )-
Lockhart DR
cc cl
(11 f- emihoc d /dti
o Sa trap DR Er
o l?R .P4 fi
Ense
ada DR
Gfeen�DR
Royal Hammock BLVD
--[,_
SUBJECT
SITE
i
£
i
E .
i
Curcie RD
arc0
1 S3n
LEGEND
ADOPTED-XXX,XXXX
(Ord.Na XXXX-XX) 0 500 1,000 2,000 Feet selFiddler's Creek Section 29
I Development Area
Page 5 of 5
Words underlined are added;words struck-through are deleted.
3/15/2024
()VD
ItOK I _.
..„..i.
FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
December 17, 2024
Crystal K. Kinzel
Clerk of Court
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. 2024-51, which was filed in this office on December 16,
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