Ordinance 2025-30 ORDINANCE NO. 2025- 3 0
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 CHANGE THE
AFFORDABLE HOUSING REQUIREMENTS FROM 100% TO 30%
OF THE PREVIOUSLY APPROVED 129 DWELLING UNITS, AND
INCREASE THE COMMERCIAL USES TO 50,000 SQUARE FEET,
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-01217/1956536/1]108
NC Square SSGMPA/PL20230017980 Words underlined are additions;Words struck through are deletions.
7-8-25 *** *** *** ***are a break in text
1 of 3
WHEREAS, the Collier County Planning Commission (CCPC) on February 20, 2025
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 July 8, 2025;
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-01217/1956536/1]108
NC Square SSGMPA/PL20230017980 Words underlined are additions;Words struck through are deletions.
7-8-25 *** *** *** ***are a break in text
2 of 3
PASSED ANULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of .1-1,t / 2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
>4
1 i4....14 yy�Jy
BY:
Deputy Clerk 4esig&LA44104-
L. Saunders, Chairman
Attest as to Chairw4
signature only.
Approved as to form and legality:
Phis ordinance tiled with the
day af
Secretary of S :i o#f ce tfi
_eidi Ashton-Cicko andacknpwtee ement f that
Managing Assistant County Attorney fiFi r eived this ..�,.yday
Qf
Attachment: Exhibit A—Text
•
[24-CMP-01217/1956536/1]108
NC Square SSGMPA/PL20230017980 Words underlined are additions;Words struck through are deletions.
7-8-25 *** *** *** ***are a break in text
3 of 3
7-8-25
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 129 affordable housing residential dwelling 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 11,100 5QOO(] square feet of
commercial uses provided in the implementing PUD ordinance, and a maximum of 12,000 square feet
for a daycare center, limited to 250 students.
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. Density shall be through an Affordable Housing
Agreement between the Owner and Collier County.The maximum density shall be 129 residential dwelling
units.
d. Fifteen percent(15%)of the dwelling units will be sold to households whose initial certified incomes are up
to and include 120%of the Area Median Income for Collier County,and fifteen percent(15%)of the dwelling
units will be sold to households whose initial certified incomes are up to and include 140% of the Area
Median Income for Collier County.
e. These units will be committed for a period of 30 years from the date of the issuance of the certificate of
occupancy and sold to households that qualify for the designated income thresholds.
f. Households shall occupy the property as their primary residence as evidenced by maintenance of
homestead exemption.
g. Prior to the initial sale of any of the affordable dwelling units, the owner and developer will record a
restrictive covenant in the public records of Collier County identifying the affordable units and the income
threshold pertaining to each unit. The covenant will state that each unit will be initially sold and
subsequently sold to qualifying households for a period of 30 years from the issuance of the Certificate of
Occupancy for each unit. The covenant will also state that at least 30 days prior to the initial sale and
subsequent sale of any unit, the County's Community and Human Services Division or its designee,will be
notified in writing and provided documents for income verification and certification on forms acceptable to
Collier County. The closing on the sale may occur after the County, or its designee, confirms that the
household qualifies for the designated income thresholds.
h. For the purposes of this Ordinance, income verification and certification shall be based on the most recent
year's filed income tax return for each occupant who had filed and will occupy the affordable housing unit.
Income verification and certification for households or household members who had not filed the most
recent year's tax return may be based on written verification to verify all regular sources of income to the
household member.The written verification shall include,at a minimum,the purpose of the verification,a
statement to release information, employer verification of gross annual income or rate of pay, number of
hours worked, frequency of pay, bonuses, tips, and commissions and a signature block with the date of
verification.The verification shall be valid for up to 90 days prior to occupancy. Upon expiration of the 90-
day period,the information may be verbally updated from the original sources for an additional 30 days,
provided it has been documented by the person preparing the original verification.After this time,a new
verification form must be completed.
i. 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 in a format approved by the Collier
County Community and Human Services Division.The developer agrees to annual on-site monitoring by the
County, or its designee.
2.The implementing PUD shall include provisions to:
1. Establish a minimum number of dwelling units to be built.
2. Establish a minimum square foot of commercial uses to be built.
Via.Address compatibility with surrounding properties.
4.b. Establish a common theme for architecture,signage and landscaping.
57c. Provide pedestrian connectivity throughout the project.
&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 and daycare centers.
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.
EXHIBIT A PL20230017980
DRAFT NC SQUARE MIXED USE OVERLAY
COLLIER COUNTY, FLORIDA
a
r
Go/aen Fa �:
9/e
J
d
I"d
Q
a)
O GI
ca co SUBJECT ye'�eg<��e
z
5 SITE
CD
Da
to
v+ Immokalee RD
.. vaINIENNOPPOI111.1111111N
• j s
4N
0
ca
0 s o
3 No Name LN
CD -+ v
N acaran•a DR
�,u-
0
� 3
v
xi
0
CD periwinkie DR Cypress DR
0 Da
Xi .o
To
Peony TF. c)
w
03 Drake LN
•c
CD
L
7 Deer R n LN
cis
V
ADOPTED-APRIL 27,2021 Legend
(Ord.No.2021-17)
AMENDED-XXXX
0 150 300 600 900 (Ord.XXX) NC SQUARE MIXED
PREPARED BY:BETH YANG.AICP
GROWTH MANAGEMENT DEPARTMENT I-I I I I Feet // USE OVERLAY
FILE:NC SQUARE MIXED USE OVERLAY LOCATION MAP OARFT.MXD
DATE:10/24/24
Dnnn f) of
I St:S1 I SLSl I SIS1 I SUSI I Sti91 I Sa91 I SL91 I S991
e
jo !1n9 li <. 11311g- Q
fiiiiM
iiff yOZ�
Ism v �yy sir
IP • Adig vowilip . zzc, cl)
' .. =',9 -- ice. (� ) m D ; r F paw s ,;i:ss W,r �� mi (D mc>, c D Jlb
t D D v .. Z .
' - .4
rlci 'r� =y m s o C 0
1. R3 ��\� o,3>m m C O rt
1 p O. i SCIry
4 ' , II '''' '''' 2
g IV or- v z 1, n
o
y
.
OV:4
, " - y�¢ a
J rt
I
I a
All
i g . fill i,
rTfc
k i
Adillill 2
& 1 _. ...
rt
I . III
y HENCRYC°UNTV
/
II Ir 1111111p11111i 11pry � E%• 1 7
liglIR��'II ¢ i fP i eI $$ ild Ili RI ICI 1tii €s s ti, g 1m€v i ! —
f M I �sry
I X
m
11 111111111. 1111111 rt
f i g it i ' al of i a ! II 1 € ' f IF
a
m m m m !Bill !
L ; � Z [ 3 L i Z L L Z C C [ 3 L Z � �� d � � � �+ 3 a � � � � #
m ; '
m m ; z ; m zOx Oz mom m m m m m momom G � - � ( �
OZOzo OOOV OZOZ Oo 00'00' mOm am Op00-'mom�m°o dp rpm TrJ I 3 f
o V i0,0 �im el," mZ2,'0N; ; ° ; i ; s
-V NDo 6.1'lqN 0, m$m$;'o;$;epu°'omu ; c a , _ u u L _ ._
AAPgV mmK 11 11011001111111111
N -`o W egm$ U -g $ N n e e Till " :
66 € 1ag gg €it; ; ; i i m m ; m oim mom m o ; '; i i 64 IFs" 5ip9ig€3ir�: A
; mm Ti ii mi z_iE ; m o mm ° z i ; mzzz mim ; i s 9 f d@ ! a$ R
oo'°o°aNar000?000§ °oao°ao°o°oa''°o4o Boom-03T 000'000°m0000'o=°io'oo'000000 oi'oo'�bi `� $ 3 m g 3
o;e;o oo�zO°0000e znza `; o. ! ° eoov o oa°.o m o C
sN;N
$i oo"' ; _ Ni' ; o . " Neese °; a. d _ i
H; "ti "sus£=: c& a
. � � w � � � N _ ooaeo nemm � oo= la® olmoo 1 :5
MI Rift i
S j $ 6 a i - r r
2 i g Y 4 I g .�a 1 : k
$
9 i t 3 a
4 a 1 e
? 8
SCSI I SUL I S1.91 I S091 I• S641 I S941 I SL41 I S941
,, tu- ,,,,,
it,
s
FLORI DA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
July 10, 2025
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. 2025-30, which was filed in this office on July 10, 2025.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/dp
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270