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Backup Documents 04/08/2025 Item # 9A BCC 04/08/2025 (PL20230017980&PL20230017979) 9 A NC Square Mixed Use Overlay Small Scale GMPA)&NC SQUARE Sara G. Morales (PUDR) From: Ashley Eoff <Ashley.Eoff@colliercountytl.gov> Sent: Thursday, March 13, 2025 10:45 AM To: Minutes and Records; Legal Notice Cc: PaulRenald; GMDZoningDivisionAds; FinnTimothy; KlopfParker; Jessica Harrelson; RodriguezWanda; CrotteauKathynell Subject: 4/8/25 BCC- NC Square Mixed Use Overlay (Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980 & PL20230017979) Attachments: Ad Request.pdf; Ad Request.docx; Ordinance (GMPA) 3-11-25.pdf; Ordinance (PUDR) 2-24-25.pdf; RE: 4/8/25 BCC- NC Square Mixed Use Overlay (Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980 & PL20230017979); RE:4/8/25 BCC- NC Square Mixed Use Overlay (Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980 & PL20230017979); Re:4/8/25 BCC- NC Square Mixed Use Overlay (Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980 & PL20230017979) Good morning, M&R, Please post the attached PDF Ad Request to the Collier Legal Notices webpage. The ad will need to be advertised on March 19 and run through the hearing date. Staff and applicant approval is attached, and CAO approval is below. Please note: The legal advertising fees have been collected for this petition. Thank you! Ashley Eoff Planning Technician (14 Development Review Office:239-252-2962 Collier Cou n CI EMI Ashley.Eoff a(�colliercountyfl.gov From: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Sent:Thursday, March 13, 2025 10:38 AM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc:Ashley Eoff<Ashley.Eoff@colliercountyfl.gov> Subject: RE: revised ad request for approval:4/8/25 BCC- NC Square GMPA& PUDR Yes. Thank you! I teidi Ashtow-CizIzo Managing Assistant County Attorney Office of the County Attorney 1 9A 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-2y-73 From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Thursday, March 13, 2025 10:04 AM To: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Subject: re: revised ad request for approval: 4/8/25 BCC- NC Square GMPA& PUDR Thank you. Is the revised ad request now approved? Wanda Rodriguez, .ACP, CPA Office of the County .Attorney (239) 252-8400 c i TIF1to \ A "`uar �c�'� PLI�N 111.1's a 9 tXC P r W,''COLLER COUNTY 4W m 2005 I' G) ro m Q D C li..1 Pibli.M i From: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Sent:Thursday, March 13, 2025 9:05 AM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc:Ashley Eoff<Ashley.Eoff@colliercountyfl.gov>; Parker Klopf<parker.Klopf@colliercountyfl.gov> Subject:4/8/25 BCC- NC Square Mixed Use Overlay (Small Scale GMPA)-ordinance revised Wanda, Attached is the revised ordinance, with the title correction. Thanks. te�d�Ashtow-C%cl2o Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-27 3 From: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Thursday, March 13, 2025 8:33 AM To: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Subject: revised ad request for approval: 4/8/25 BCC- NC Square Mixed Use Overlay (Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980& PL20230017979) Heidi, Revised ad request attached for your approval. She is requesting an updated ordinance also. `Wanda Rodriguez, MCP, CPJ11 2 9A Office of the County .Attorney (239) 52-84o0 conF/FD 41 9 RIMYSERVINGei �`� C G•i nGe,i P ihI M.m.,p, L]NALA •,�.,g.,,M , 2005.0r` From:Ashley Eoff<Ashley.Eoff@colliercountyfl.gov> Sent:Thursday, March 13, 2025 8:22 AM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Kathynell Crotteau<Kathynell.Crotteau@colliercountyfl.gov>; Heidi Ashton <Heidi.Ashton(a colliercountyfl.gov> Subject: RE: correction re:4/8/25 BCC- NC Square Mixed Use Overlay(Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980 & PL20230017979) Good morning, Wanda and Kathy, I have corrected the title in the Ad as requested- please see attached. Do we have an updated Ordinance to reflect this change?The Ordinance I have on file does not include this. Attached is the *Web* Ad Request, PUDR Ordinance, and approvals for the referenced petitions.The ad will need to be advertised on March 19, and run through the hearing date. Please note: The GMPA Ordinance will be provided when available. Please let me know if anything else is needed. Thank you, Ashley Eoff Planning Technician (jam Development Review r Office:239-252-2962 Collier Coun D C) X. al I Ashley.Eoff(a,colliercountyfl.gov From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday, March 11, 2025 2:42 PM To:Ashley Eoff<Ashley.Eoff@colliercountyfl.gov> Cc: Kathynell Crotteau<Kathynell.Crotteau@colliercountyfl.gov>; Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Subject: correction re: 4/8/25 BCC- NC Square Mixed Use Overlay(Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980& PL20230017979) Ashley, 3 9A Please see Heidi's request below to correct the title of the GMPA. Please make the correction and send us a revised ad request for review. No need to send this around again for staff/applicant approvals. Wanda Rodriguez, MCP, CPM Office of the County Attorney (239) 252-8400 C.( %CP TIF/FO Program VIi1 COUNTY 44,2005 4' From: Heidi Ashton<Heidi.Ashton@colliercountyfl.gov> Sent:Tuesday, March 11, 2025 2:36 PM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Kathynell Crotteau <Kathynell.Crotteaucolliercountyfl.gov> Subject: RE: ad request for approval: 4/8/25 BCC- NC Square Mixed Use Overlay(Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980& PL20230017979) Wanda, Please fix the title below. Thank you! 4 9A Notice is hereby given that a public hearing will be held by the ( oilier ( ount Board or ( Commissioners (BCC) at 9:00 A.M. on April 8, 2025, in the Board of County Commissioners n room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMEN ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GRO MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND ELEMENT TO AMEND THE NC SQUARE MIXED-USE OVERLAY TO DECR THE COMMERCIAL USES FROM 44,400 SQUARE FEET TO 36,500 SQUARE FEI GROSS FLOOR AREA, REMOVE THE 12,000 SQUARE FOOT LIMITATION ON DAYCARE USE AND INCREASE THE MAXIMUM RESIDENTIAL UNITS FRO? TO 205 WITH AFFORDABLE HOUSING IN THE NC SQUARE PLANNED MIXEI DEVELOPMENT, AND FURTHERMORE. DIRECTING TRANSMITTAL OF ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE SUBJECT PROPERTY IS 24.4± ACRES AND LOCATED AT THE SOUT 1 CORNER OF IMMOKALEE ROAD AND CATAWBA STREET APPROXIMAT I MILES WEST OF WILSON BOULEVARD IN SECTION 29, TOWNSHIP 48 S RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (PL20230017980) AND PRO AND FOR SEVE1 AND PROV FOR AN EF DATE. AN nRI11NANCF (W TI-IF. nn.tin) t ►1-' ( t )I \ I \ ( (1F COI Reid'Ashtow-o%c�o Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-277 3 From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday, March 11, 2025 2:22 PM To: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Subject: ad request for approval:4/8/25 BCC- NC Square Mixed Use Overlay (Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980& PL20230017979) Heidi, For your approval. Wanda Rodriguez, ACP, CPM Office of the County .Attorney (239) 252-8400 5 9A OGERTINF.. r, A AC iiicowetcoarrA ME 444J0054? From:Ashley Eoff<Ashley.Eoff@colliercountyfl.gov> Sent:Tuesday, March 11, 2025 1:52 PM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Cc: Renald Paul<Renald.Paul@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountvfl.gov>; Parker Klopf<Parker.Klopf@colliercountyfl.gov>;Timothy Finn <Timothy.Finn@colliercountyfl.gov>;Jessica Harrelson <jarrelson@pen-eng.com> Subject:4/8/25 BCC- NC Square Mixed Use Overlay (Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980& PL20230017979) Good afternoon, Wanda and Kathy, Attached is the *Web* Ad Request, Ordinances, and approvals for the referenced petitions. The ad will need to be advertised on March 19, and run through the hearing date. Please let me know if anything else is needed. Thank you! Ashley Eoff Planning Technician (1'‘ Development Review Office:239-252-2962 Collier Coun Ashle .Eoff colliercount fl. ov OxaC Y Y 9 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 6 9A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on April 8, 2025, in the Board of County Commissioners meeting room,third floor, Collier Government Center,3299 East Tamiami Trail,Naples FL to consider: 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 TO AMEND THE NC SQUARE MIXED-USE OVERLAY TO DECREASE THE COMMERCIAL USES FROM 44,400 SQUARE FEET TO 36,500 SQUARE FEET OF GROSS FLOOR AREA, REMOVE THE 12,000 SQUARE FOOT LIMITATION ON THE DAYCARE USE AND INCREASE THE MAXIMUM RESIDENTIAL UNITS FROM 129 TO 205 WITH AFFORDABLE HOUSING IN THE NC SQUARE PLANNED MIXED USE DEVELOPMENT, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE,AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS 24.4± ACRES AND 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. (PL20230017980) AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,AMENDING ORDINANCE NUMBER 2021-18,THE NC SQUARE MIXED USE PLANNED UNIT DEVELOPMENT TO DECREASE THE COMMERCIAL USES FROM 44,400 SQUARE FEET TO 36,500 SQUARE FEET OF GROSS FLOOR AREA, REMOVE THE 12,000 SQUARE FOOT DAYCARE USE AND INCREASE THE MAXIMUM RESIDENTIAL UNITS FROM 129 TO 205 WITH AFFORDABLE HOUSING. 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. (PL20230017979) 9A Aerie Project °e L �` Location Qe NM& j m mokalee RD I . No Name LN 'CD or n e r �' acaranda D °I'°na PerVo1n ;1e - r ss DR° A copy of the proposed Ordinances is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239) 252-8380, at least two(2)days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. 9A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA BURT L. SAUNDERS,CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Deputy Clerk(SEAL) 9A ORDINANCE NO. 2025- 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 TO AMEND THE NC SQUARE MIXED-USE OVERLAY TO DECREASE THE COMMERCIAL USES FROM 44,400 SQUARE FEET TO 36,500 SQUARE FEET OF GROSS FLOOR AREA, REMOVE THE 12,000 SQUARE FOOT LIMITATION ON THE DAYCARE USE AND INCREASE THE MAXIMUM RESIDENTIAL UNITS FROM 129 TO 205 WITH AFFORDABLE HOUSING IN THE NC SQUARE PLANNED MIXED USE DEVELOPMENT, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE, AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS 24.4± ACRES AND 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. [PL20230017980] 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, HAA Capital, 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 opportunity; and [24-CMP-01217/1929541/1]72 NC Square SSGMPA/PL20230017980 Words underlined are additions;Words are deletions. 3-11-25 ****** ******are a break in text 1 of 3 9A WHEREAS, the Collier County Planning Commission (CCPC) on 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 ; 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 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 Commerce. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after 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. [24-CMP-01217/1929541/1]72 NC Square SSGMPA/PL20230017980 Words underlined are additions;Words;truck through are deletions. 3-11-25 ****** *** ***are a break in text 2 of 3 9A PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: AC Heidi Ashton-Cicko 3-13-25 Managing Assistant County Attorney Attachment: Exhibit A—Text [24-CMP-01217/1929541/1]72 NC Square SSGMPA/PL20230017980 Words underlined are additions;Words struckstreek-thfeugh are deletions. 3-11-25 ****** *** ***are a break in text 3 of 3 9A Exhibit A FUTURE LAND USE ELEMENT ***TEXT BREAK*** V. OVERLAYS AND SPECIAL FEATURES ***TEXT BREAK*** D. NC Square Mixed-Use Overlay This overlay, comprising 24.4 acres, is located at the southwest corner of Immokalee Road and Catawba Street in Section 29, Township 48 South and Range 27 East, as shown on the Future Land Use Map (FLUM) and NC Square Mixed-Use Overlay Map. The purpose of this Overlay is to allow a minimum of 120 affordable housing residential units not to exceed a maximum of 129205 affordable housing residential rental units,a daycare center, and allow neighborhood commercial uses to serve surrounding residential areas and passerby-traffic. This Overlay shall be subject to all Rural Fringe Mixed Use District Receiving Lands provisions,except as provided for herein. 1. Development of this Overlay shall comply with the following requirements and limitations: a. Rezoning shall be in the form of a PUD,Planned Unit Development. b. This Overlay shall be limited to a maximum gross leasable floor area of 447400 36,500 square feet of gross floor area for commercial uses provided in the implementing PUD ordinance, square feet daycare center, limited to 250students. c. This Overlay shall provide a minimum of 120 affordable housing residential units and shall not exceed a maximum of 129 affordable housing residential units.The maximum density shall be 205 residential rental units(±8.4 residential units per acre). Density shall be through an Affordable Housing Agreement between the Owner and Collier County. d. Of the total units constructed the project shall comply with the following: 15% of the units will be rented to households whose incomes are up to and including 80% of the Area Median Income (AMI) for Collier County and 15% of the units will be rented to households whose incomes are up to and including 100%of the AMI for Collier County and the corresponding rent limits. The SDP shall identify and quantify the 15% of the units that will be rented to households whose incomes are up to and including 80%of AMI for Collier County and the 15% of the units that will be rented to households whose incomes are up to and including 100% of AMI for Collier County. These units will be committed for a period of 30 years from the date of issuance of a certificate of occupancy of the first unit. 2.The implementing PUD shall include provisions to: 9 Establish -. mber of dwelling ,nits to be built 2 Establish „foot of c.......-.ercial s to be built 3.a. Address compatibility with surrounding properties. 4:b. Establish a common theme for architecture, signage and landscaping. &c. Provide pedestrian connectivity throughout the project. 02/03/2025 Page 1 of 4 9A b:d.Establish permitted and accessory uses and development standards from those C-1, Commercial and General Office District, through C-2, Commercial Convenience District, and those limited C-3, Commercial Intermediate District, uses appropriately suited to"neighborhood commercial"center. 7,e. Prohibit stand-alone drive-through restaurants. from wildfires and incorporate the applicable elements of this plan into the companion PUD. f. Distribute"A Guide to Living in Bear Country"to future commercial business owners and residential homeowners,as well as to construction/maintenance personnel,and utilize bear-proof dumpsters. 02/03/2025 Page 2 of 4 9A EXHIBIT A PL20230017980 DRAFT NC SQUARE MIXED USE OVERLAY COLLIER COUNTY, FLORIDA cc a r Go/a .S..)ehk. tim a9/e Z J •i o Q CD 0 G'( o CP SUBJECT QeCegC`re Z 5 SITE CD v i Immokalee RD r °' < a Cm cn 3 0 CI X No Name LN 0 n 3 / . -� °' v FA N acaran a DR v i 10 N 3 R $5 c o v E. U periw• el(1 DR Cypress DR CD0 o 70 -o 0„ Peony 7.. ... 0 w cu Drake LN -°'a Deer R n LN L a CD ADOPTED-APRIL 27,2021 Legend (Ord.No.2021-17( AMENDED-XXXX 0 150300 600 900 o d xxx> j/� NC SQUARE MIXED PREPARED BY'BETH YANG,AICP GROWTH MANAGEMENT DEPARTMENT H I I I Feet USE OVERLAY FILE NC SQUARE MIXED USE OVERLAY LOCATION MAP DARFTMXD DATE.10/24/24 02/03/2025 Page 3 of 4 9A T46S I T47S I T48S I T49S I T50S I T51S I T52S I T535 n i 9 ,i v 1 0a 1 a l l z = 1 t 8 1 it it 3g i 9 1 # „ i/ li 8 N in h P6 i? al i§ i y i i ; i,i a 0_ ®01 _ 0 R. 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O gq#1 N �pOa VI $:yS N re D a yW 4. ► - Mexi ° lw { saa LL o a __ ( tf 11; 9 G Ll If 0J �1 L T46S I T47S I T48S I T49S I T50S I T51S I 752S T53S I 9A ORDINANCE NO. 2025- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2021-18, THE NC SQUARE MIXED USE PLANNED UNIT DEVELOPMENT TO DECREASE THE COMMERCIAL USES FROM 44,400 SQUARE FEET TO 36,500 SQUARE FEET OF GROSS FLOOR AREA, REMOVE THE 12,000 SQUARE FOOT DAYCARE USE AND INCREASE THE MAXIMUM RESIDENTIAL UNITS FROM 129 TO 205 WITH AFFORDABLE HOUSING. 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. (PL20230017979) WHEREAS, on April 27, 2021, the Board of County Commissioners approved Ordinance Number 2021-18 which established the NC Square Mixed Use Planning Unit Development (MPUD) zoning classification; and WHEREAS, Jessica Harrelson, AICP of Peninsula Engineering and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing HAA Capital, LLC, petitioned the Board of County Commissioners to amend the NC Square MPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendments to Exhibits A-F of Ordinance 2021-18, as amended Exhibits A-F of Ordinance 2021-18, as amended, are hereby amended and replaced with Exhibits A-F attached hereto and incorporated herein. [24-CPS-02450/1924220/1]109 NC Square PUDR/PL20230017979 1 of 2 2-24-25 9A 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. becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA BY: , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: fAC Heidi Ashton-Cicko 2-24-25 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 - List of Developer Commitments [24-CPS-02450/1924220/11 109 NC Square PUDR/PL20230017979 2 of 2 2-24-25 9A 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. I. MAXIMUM INTENSITY/DENSITY: A minimum of 120 residential units, not to exceed a maximum of 129 205 residential rental dwelling units and '11,100 36,500 square feet of gross floor area of commercial land uses and a 12,000 square feet of gross floor area for a 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. II. PERMITTED USES-COMMERCIAL TRACT 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, 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 NC Square MPUD PUDR-PL20230017979 Underlined Text is Added;Struck through text is deleted 1 January 31,2025 9A 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 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.) 29. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Hearing Examiner(HEX) or the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. NC Square MPUD PUDR-PL20230017979 Underlined Text is Added;Struck through text is deleted 2 January 31,2025 9A B. PROHIBITED USES—COMMERCIAL TRACT 1. Gasoline service stations (SIC 5541) 2. Stand-alone drive-through restaurants (SIC 5812). This does not include drive-throughs designed as part of a retail plaza building. 3. Homeless shelters 4. Soup kitchens C. ACCESSORY USES 4 Outdoor playground iat d with Ch•ld rare c xceed 5,000 squarefee 2 1.Accessory uses and structures customarily associated with the permitted principal uses and structures. 04II. PERMITTED USES-RESIDENTIAL TRACT A. PRINCIPAL USES 1. Multi-Family dwellings 2. Townhouse dwellings 3. Model homes/model sales or leasing offices 4.2.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, &B.ACCESSORY USES RESIDENTIAL TRACT 1. Leasing/Administrative Office, associated with leasing multi-family dwelling units 4—2. 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 3. The residential development shall be a gated community. C. PROHIBITED USES 1. Tennis, pickleball and basketball courts. fFIV. PERMITTED USES- PRESERVE TRACT AND ARCHAEOLOGICAL SITES A. PRINCIPAL USES 1. Preservation 2. Water management, as allowed by the LDC 3. Passive uses, as per LDC requirements 4. Uses subject to LDC Section 3.05.07 H.1.h "Allowable uses within County required preserves". NC Square MPUD PUDR-PL20230017979 Underlined Text is Added;Struck through-text is deleted 3 January 31, 2025 9A 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 DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY STRUCTURES 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 4)0 feet 4-50 feet From Southern PUD Boundary 30 feet 15 feet MINIMUM YARDS(INTERNAL) Internal Drives 15 feet2 4-50 feet (Measured from back of curb) _ Lakes (Measured from the Lake Maintenance 5 feet 5 feet Easement) Preserve 25 feet 10 feet 4Q-%2 the sum of the MINIMUM DISTANCE BETWEEN STRUCTURES 10 feet building heights MAXIMUM HEIGHT Zoned 35 feet 35 feet Actual 42 feet 42 feet MINIMUM FLOOR AREA N/A N/A There shall be no required building setbacks or buffer required from any internal property or tract line. The MPUD may include shared preserves, water management, access and other necessary infrastructure to achieve a unified form of development. 2 The 15' setback does not apply when a drive-through is proposed. Note: Nothing in this RPUD Document shall be deemed to approve a deviation from LDC unless it is expressly stated in the list of deviations. NC Square MPUD PUDR- PL20230017979 Underlined Text is Added;Struck through text is deleted 4 January 31,2025 9A TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS (PER N € MULTI- ACCESSORY STRUCTURES FAMILY 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 i 30 feet 300 feet 2-00 feet From Eastern Residential Tract Boundary_ From Western PUD Boundary 30 feet 30100 feet 4-5 30 feet MINIMUM YARDS(INTERNAL) Internal Drives 15 feet1 15 feet 450 feet (Measured from the back of curb) Lakes (measured from the Lake 5 feet 5 feet 5 feet Maintenance Easement) Preserve 25 feet 25/100 feet 10 feet Front 20 feet' 20 feet 10 feet e 10 feet 10 feet 10 feet Rear 10 feet 10 feet 5 feet 25 feet%the MINIMUM DISTANCE BETWEEN sum of the 10 feet 10 feet RESIDENTIAL STRUCTURES building heights MAXIMUM HEIGHT Zoned 35 feet 4050 feet 35 feet Actual '12 feet 4757 feet 42 feet 800 square feet 700 square MINIMUM FLOOR AREA N/A per unit feet per unit 1 Townhouse front entry garages shall be setback a minimum of 23 feet from the back of sidewalks. There shall be no required building setbacks or buffer required from any internal property or tract line. The MPUD may include shared preserves, water management, access and other necessary infrastructure to achieve a unified form of development. 2 A 25' setback is required from the northern preserve. A 100'setback is required from the southern preserve. Note: Nothing in this RPUD Document shall be deemed to approve a deviation from LDC unless it is expressly stated in the list of deviations. NC Square MPUD PUDR- PL20230017979 Underlined Text is Added;Struck through text is deleted 5 January 31,2025 9A EXHIBIT C PUD MASTER PLAN NC Square MPUD PUDR-PL20230017979 Underlined Text is Added;Struck through text is deleted 6 January 31,2025 9A z z g 5 w a } v LU? '4- • CI ■ w w T w OZ g 0 L~i_1 / H , N t �a � � wm u. m �N � 2 � 0 aw ? � � Q a Z10 O Z p4 = 0 1. Zdp 'RC) Np 0 ON. g p'':r,.!(ryHcp a W Q u 0. 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W 0 LL E ct O E U w 0 °aO9 gZ,- , . . ., „ „. .. . . ,n ,.. .. , .. up. .. .,. .. � INI=1WL46Y-sV-t4st4Lni•murIMIgii :� o:o'o5 z.I Lis-ale.aneI 8 9A 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 NE 1/4 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 purposes,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, fora 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 PUDR-PL20230017979 Underlined Text is Added;Struck through text is deleted 9 January 31,2025 9A 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 PUDR-PL20230017979 Underlined Text is Added;Struck through text is deleted January 31,2025 10 9A 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: 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. This MPUD shall be permitted a maximum of 205 residential dwelling units (8.4 dwelling units per acre), subject to Exhibit F Section 8.A "Affordable Housing". 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 Immokalco Square, LLC HAA Capital, 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 PUDR-PL20230017979 Underlined Text is Added;Struck through text is deleted January 31, 2025 11 9A E. The developer and owner shall avoid the archaeological sites, as depicted on the Conceptual Master Plan. All clearing within 100 feet of the archaeological sites shall be monitored by a certified archaeologist. 2. TRANSPORTATION A. Intensity of use under any development scenario for the PUD is limited to 463 226 two-way,AM peak hour trips and '167 267 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 for subdivision plat approval. B. Compensating right-of-way, as shown on the Master Plan, will be conveyed by the Owner to Collier County in accordance with LDC Section 6.06.01. H.3. 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 the 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 preserved 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. B. The 30' Landscape Buffer along the western PUD boundary, adjacent to Valencia Trails, shall meet the planting requirements of a Type 'B' Buffer. Native vegetation shall be retained within this buffer,to the extent possible,to satisfy buffer requirements. NC Square MPUD PUDR-PL20230017979 Underlined Text is Added;Struck through text is deleted January 31,2025 12 9A 5. LIGHTING (RESIDENTIAL AND COMMERCIAL TRACTS A. Site lighting shall be Dark Skies compliant, with full cutoff shielding and installed to protect neighboring properties from direct glare. 6. UTILITIES A. The Developer shall provide an 8" water main stub-out at the southeast corner of the of the eastern parcel(i.e. southernmost point of the project fronting Catawba St)at the 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 MINIM IAA PROJECT DENSITY ANTI INTENSITY A. A minimum of 25% of the . sickntial , nits (32 , nits) and of 900 SF of aI 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. &7. SPECIAL CONDITIONS FOR THE COMMERCIAL TRACT A. The following limitations shall apply to the principal commercial uses in the Commercial Tract: There shall be no associated repair of vehicles. ii. The hours of operation for any eating place shall be 5:30 am—11:00 pm iii. There shall be no outdoor amplified sound,televisions or music or live entertainment. iv. Outdoor televisions shall be limited to areas that are a minimum of 200 feet from the southern and eastern PUD boundaries of the Commercial Tract. The use of outdoor televisions is limited to the hours of 8 am-10 pm on weekdays and 8 am-11 pm on weekends. v. There shall be no outdoor display of merchandise associated with hardware stores. 8. 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 a 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. Of the total units constructed, the project shall comply with the following: 15% of the units will be rented to households whose incomes are up to and including 80%of the Area Median Income (AMI)for Collier County and 15%of the units will be rented to households whose incomes are up to and including 100%of the AMI for Collier County and the corresponding rent limits("Affordable Units"). Each SDP shall identify and quantify the 15%of the units that will be rented to households whose incomes are up to and including 80% of AMI for Collier County and the 15% of the units NC Square MPUD PUDR- PL20230017979 Underlined Text is Added;Struck through text is deleted January 31,2025 13 9A that will be rented to households whose incomes are up to and including 100%of AMI for Collier County. These units will be committed for a period of 30 years from the date of issuance of a certificate of occupancy of the first unit. Rental units shall have a minimum lease term of 8 months. Residents may have the option for a month-to-month lease at the end of their full lease term. By way of example,the 2024 Florida Housing Finance Corporation Income and Rent Limits are: Income Limit by Number of People in Unit Rent Limit by Number of 2024 Bedrooms in Unit Collier Percentage Category 1 2 3 4 Eff 1 2 3 County Extremel Median 30% Low y $21,930 $25,050 $28,170 $31,290 $548 $587 $704 $813 Household 50% Very Low $36,550 $41,750 $46,950 $52,150 $913 $978 $1,173 $1,356 Income 60% n/a $43,860 $50,100 $56,340 $62,580 $1,096 $1,174 $1,408 $1,627 80% Low $58,480 $66,800 $75,120 $83,440 $1,462 $1,566 $1,878 $2,170 $104,300 100% Median $73,100 $83,500 $93,900 $104,300 $1,828 $1,958 $2,348 $2,713 120% Moderate $87,720 $100,200 $112,680 $125,160 $2,193 $2,349 $2,817 $3,255 140% Gap $102,340 $116,900 $131,460 $146,020 $2,558 $2,740 $3,286 $3,797 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. B. Preference to Affordable Units shall be given to Essential Service Personnel (ESP) and military veterans. 1. 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. 2. Each Affordable Unit will be held vacant and advertised for ESP and military veterans in accordance with paragraph 4 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. 3. Each subsequent vacancy of an Affordable Unit shall be advertised to ESP and military veterans in accordance with paragraph 4 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. 4. 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. NC Square MPUD PUDR-PL20230017979 Underlined Text is Added;Struck through text is deleted January 31, 2025 14 9A 5. Promotional materials for the development shall identify that the protect prioritizes Affordable Units for ESP and military veteran households. 6. 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. C. 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, including rent data for rented units, in a format approved by the Collier County Community and Human Services Division. Developer agrees to annual on-site monitoring by the County. 40,9 WILDFIRE PREVENTION AND MITIGATION PLAN A. Project Structural Design and Materials shakes or shingles arc prohibited. 2. Soffits shall be made of non combustible material or (minimum) %: inch nominal wood sheathing. 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 to these requirements at the time of closing. viii. The Owner, Property Association and/or H 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 arc heavily mixed with developed areas. This can incr ase 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 , 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 PUDR-PL20230017979 Underlined Text is Added;Struck through text is deleted January 31,2025 15 9A A. At the time of application for subdivision Plans and Plat (PPL)and/or Site Development Plan (SDP) approval,the applicant shall have coordinated with the Florida Forest Service and will provide to Collier County a Wildfire Prevention and Mitigation Plan that includes standards which address the following: structural design and building materials; location of defensible space; plant selection within defensible space; and commitment to provide the residents with a copy of the Wildfire Prevention and Mitigation Plan. NC Square MPUD PUDR-PL20230017979 Underlined Text is Added;Struck through text is deleted January 31, 2025 16 9A Sara G. Morales From: Parker Klopf <Parker.Klopf@colliercountyfl.gov> Sent: Tuesday, March 11, 2025 1:29 PM To: Ashley Eoff Subject: RE:4/8/25 BCC- NC Square Mixed Use Overlay (Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980 & PL20230017979) Follow Up Flag: Follow up Flag Status: Flagged Approved Parker Klopf Planner III f>>, Zoning Office:239-252-2471 Collier Coun OcDXa1 Parker.Klopf colliercountyfl.gov From:Ashley Eoff<Ashley.Eoff@colliercountyfl.gov> Sent:Tuesday, March 11, 2025 12:56 PM To: Parker Klopf<Parker.Klopf@colliercountyfl.gov> Subject: FW:4/8/25 BCC- NC Square Mixed Use Overlay (Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980& PL20230017979) Good afternoon, Parker, I'm following up on my previous email. Please let me know if you approve and/or if changes are needed at your earliest convenience. Respectfully, Ashley Eoff Planning Technician (),'�� Development Review Office:239-252-2962 Collier Coun El a Ashley.Eoff a[�,colliercountyfl.gov i 9A From:Ashley Eoff<Ashley.Eoff@colliercountyfl.gov> Sent:Thursday, March 6, 2025 9:10 AM To: Parker Klopf<parker.Klopf@colliercountyfl.gov>;Timothy Finn<Timothy.Finn@colliercountyfl.gov>;Jessica Harrelson <jarrelson@pen-eng.com> Cc: Renald Paul<Renald.Paul@colliercountvfl.gov>; GMDZoningDivisionAds <GM DZoningDivisionAds@colliercountyfl.gov> Subject:4/8/25 BCC- NC Square Mixed Use Overlay (Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980 & PL20230017979) Good morning, Attached is the *Web* Ad Request and Ordinances for your petitions. Please let me know if you approve and/or if changes are needed no later than, end of day, Friday. Please let me know if you have any questions. Thank you. Ashley Eoff Planning Technician �) Development Review Office:239-252-2962 Collier Coun opoi Ashley.Eoff(a,colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 9A Sara G. Morales From: Timothy Finn <Timothy.Finn@colliercountyfl.gov> Sent: Thursday, March 6, 2025 11:17 AM To: Ashley Eoff; KlopfParker;Jessica Harrelson Cc: PaulRenald; GMDZoningDivisionAds Subject: RE: 4/8/25 BCC- NC Square Mixed Use Overlay (Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980 & PL20230017979) Follow Up Flag: Follow up Flag Status: Flagged Approved Timothy Finn Planner III f 1011 Zoning Office:239-252-4312 Collier Cou n flxaC Timothy.Finnccolliercountyfl.gov From:Ashley Eoff<Ashley.Eoff@colliercountyfl.gov> Sent:Thursday, March 6, 2025 9:10 AM To: Parker Klopf<Parker.Klopf@colliercountyfl.gov>;Timothy Finn <Timothy.Finn@colliercountyfl.gov>;Jessica Harrelson <jharrelson@pen-eng.com> Cc: Renald Paul <Renald.Paul@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject:4/8/25 BCC- NC Square Mixed Use Overlay (Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980& PL20230017979) Good morning, Attached is the *Web* Ad Request and Ordinances for your petitions. Please let me know if you approve and/or if changes are needed no later than, end of day, Friday. Please let me know if you have any questions. Thank you. 1 9A Ashley Eoff Planning Technician f,''r^"' Development Review f Office:239-252-2962 Collier Coun OLJa1 Ashley.Eoffa,colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 9A Sara G. Morales From: Jessica Harrelson <jharrelson@pen-eng.com> Sent: Thursday, March 6, 2025 11:24 AM To: Ashley Eoff; KlopfParker; FinnTimothy Cc: PaulRenald; GMDZoningDivisionAds Subject: Re: 4/8/25 BCC- NC Square Mixed Use Overlay (Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980 & PL20230017979) Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Approved. Get Outlook for iOS From:Ashley Eoff<Ashley.Eoff@colliercountyfl.gov> Sent:Thursday, March 6, 2025 9:09:58 AM To: Parker Klopf<Parker.Klopf@colliercountyfl.gov>;Timothy Finn <Timothy.Finn@colliercountyfl.gov>;Jessica Harrelson <jharrelson@pen-eng.com> Cc: Renald Paul<Renald.Paul@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject:4/8/25 BCC- NC Square Mixed Use Overlay (Small Scale GMPA) & NC SQUARE (PUDR) (PL20230017980 & PL20230017979) Good morning, Attached is the *Web* Ad Request and Ordinances for your petitions. Please let me know if you approve and/or if changes are needed no later than, end of day, Friday. Please let me know if you have any questions. Thank you. Ashley Eoff Planning Technician Development Review Office:239-252-2962 Collier Coun OcxuC Ashley.Eoff( colliercountyfl.gov t 9A Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request. do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. 2 cscvrrcoURT ce O o� 0 ,..‘ Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel Collier County, Florida U 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 e, Phone: (239) 252-2646 of 4ti4 R TY � COUN ,'0 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Yanirda Fernandez,who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, (BCC 04-08-2025)-NC Square Mixed Use Overlay (Small Scale GMPA) &NC SQUARE (PUDR)- PL20230017980 &PL20230017979 was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 03/19/2025 until 04/10/2025. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. 4si(A,Ai )0 at t. i ig at ir: , iant Printe. Nhme) '-) --woin toanc 3s scribed before me this 04/10/2025 '=- :Crystal'K.:Ki1 zel.Clerk of the Circuit Court& •Comptroller_ • • ''' ' ''' **':..' \—(16A-4-}-i{b5' eputy,ule Signature) P,hivi, i/Ism 010).35.35 (Deputy Clerk Printed Name) D to NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on April 8, 2025, in the Board of County Commissioners meeting room,third floor, Collier Government Center, 3299 East Tamiami Trail,Naples FL to consider: 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 TO AMEND THE NC SQUARE MIXED-USE OVERLAY TO DECREASE THE COMMERCIAL USES FROM 44,400 SQUARE FEET TO 36,500 SQUARE FEET OF GROSS FLOOR AREA, REMOVE THE 12,000 SQUARE FOOT LIMITATION ON THE DAYCARE USE AND INCREASE THE MAXIMUM RESIDENTIAL UNITS FROM 129 TO 205 WITH AFFORDABLE HOUSING IN THE NC SQUARE PLANNED MIXED USE DEVELOPMENT, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE,AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS 24.4± ACRES AND 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. (PL20230017980) AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,AMENDING ORDINANCE NUMBER 2021-18, THE NC SQUARE MIXED USE PLANNED UNIT DEVELOPMENT TO DECREASE THE COMMERCIAL USES FROM 44,400 SQUARE FEET TO 36,500 SQUARE FEET OF GROSS FLOOR AREA, REMOVE THE 12,000 SQUARE FOOT DAYCARE USE AND INCREASE THE MAXIMUM RESIDENTIAL UNITS FROM 129 TO 205 WITH AFFORDABLE HOUSING. 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. (PL20230017979) .4.--- 111\ ......Aiiiij -........5-7- ,,,, 4) n Project \ .‘ e c:thls .,\_ G Location . . mown El - or ill IMP i�1 r COI r� r et ii ; •�a ZV I aearanda I) NI . :" ,�Old� ervo -- on rk:"r- ., -,,J, ss DR ... 1 Mil A copy of the proposed Ordinances is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. 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