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Ordinance 2023-27 ORDINANCE NO. 2023-27 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 AIRPORT CARLISLE MIXED USE SUBDISTRICT TO THE URBAN MIXED USE DISTRICT TO ALLOW GROUP CARE, CARE UNITS, NURSING HOMES, ASSISTED LIVING FACILITIES, AND CONTINUING CARE RETIREMENT COMMUNITIES USES WITH A MAXIMUM FLOOR AREA RATIO OF 0.65, AND UP TO 336 MULTI-FAMILY DWELLING UNITS, OF WHICH 76 WILL BE RENT RESTRICTED AS AFFORDABLE. THE SUBJECT PROPERTY IS LOCATED SOUTHWEST OF THE INTERSECTION OF ORANGE BLOSSOM DRIVE AND AIRPORT ROAD IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 27.78± ACRES; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20220001043] 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 [22-CMP-01132/1785251/1]65 Words underlined are additions, Airport Carlisle Mixed Use Subdistrict SSGMP Page 1 of 3 words ssl` are deletions. PL20220001043 5/26/2023 CAO WHEREAS, Robert J. Mulhere, FAICP, of Hole Montes, Inc., and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing SRG CN FL, LLC, a Delaware limited liability company, Johnson Development Associates, Inc., a South Carolina corporation, Charles E. Herring, Todd W. Ward, Whitley S. Ward, John E. Crimmel, Jr., as Attorney-in-Fact for Sharon T. Crimmel, as Trustee of the Sharon T. Crimmel Declaration of Trust dated October 2, 1987, Cynthia Crimmel, as Successor Trustee of the John E. Crimmel Declaration of Trust dated October 2, 1987, and Susan W. Wright, Trustee of the Susan W. Wright Revocable Trust U/A/D May 15, 2019 requested an amendment to the Future Land Use Element and Map Series; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small-Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or a rural area of opportunity; and WHEREAS, the Collier County Planning Commission (CCPC) on April 6, 2023, considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Map Series of the Growth Management Plan on May 23, 2023; 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 Map Series in accordance with Section 163.3184, Florida Statutes. The amendment is attached hereto as Exhibit"A" and incorporated herein by reference. [22-CMP-01132/1785251/1]65 Words underlined are additions, Airport Carlisle Mixed Use Subdistrict SSGMP Page 2 of 3 words struck through are deletions. PL20220001043 5/26/2023 40 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 approval. 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 23rd day of May 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: 9" By: ..� _Attest as Wu Clerk Rick LoCastro, Chairman • Approved as to for , ,cl legality: ;titi• 'v."9 This ordinance fi}ed wr;h ,r,. Se-retary of Stct•e's Office 11%: day of Derek D. Perryand ackncwiecigAl—,ent of that filin received this 30 . day Assistant County Attorney of , 2,O Sy/ : c Attachment: Exhibit "A"—Proposed Text Amendment& Map Amendment [22-CMP 01132/1785251/1]65 Words underlined are additions, Airport Carlisle Mixed Use Subdistrict SSGMP Page 3 of 3 words struck through are deletions. PL20220001043 5/26/2023 'Yo 4/13/2023 EXHIBIT A A. URBAN—MIXED USE DISTRICT 1. Urban Residential Subdistrict 26. Airport Carlisle Mixed Use Subdistrict I. Urban Designation A. Urban Mixed Use District 1. Urban Residential Subdistrict 26. Airport Carlisle Mixed Use Subdistrict The Airport Carlisle Mixed Use Subdistrict is comprised of ±27.78 acres and located in the southwest quadrant of the intersection of Airport Road and Orange Blossom Drive, as depicted on the Airport Carlisle Mixed Use Subdistrict Map. Allowable uses are: 1) up to 336 multi-family dwelling units; and 2) Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and Ch. 589A-36 F.A.C.; and continuing care retirement communities pursuant to Ch. 651 F.S. and Ch. 690-193 F.A.C.; all subject to LDC Section 5.05.04 at a maximum FAR of 0.65. This Subdistrict shall be rezoned to a Mixed Use Planned Unit Development (MPUD) which shall include development standards to ensure compatibility with adjacent properties. Within the Airport Carlisle Mixed Use Subdistrict, the maximum allowable residential density (336 dwelling units) may be calculated on the entire Subdistrict acreage. To achieve the 336 dwelling units the MPUD shall commit to the following: 38 units will be rented to households whose incomes are up to and including 100% of the Area Median Income(AMI)for Collier County and 38 units will be rented to households whose incomes are up to and including 80% of the AMI for Collier County and the corresponding rent limits. These units will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. Page 1 of 4 a CU 4/13/2023 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 Collier County Community and Human Services Division. Developer agrees to annual on-site monitoring by the County. Page 2 of 4 Oar) 4/13/2023 AIRPORT C .ARLISLE MIXED USE SUBDISTRICT ('cm I.IER COUNTY. I-I.ORI IM itccia4 . --lc\ !nil-� ps Clit 9) ' n e Blossom DR IfILI 11 I SUBJECT -, — - SITE 0 E. -1-1 D i r , ., rm.,. a O Z --,,, i," 1 pr l'\'\ I , ty; La no Oak BLVD Anthony CT1 L i 1 1 .\\' Bear Creek DR i *------:-----------------. _7 — \ .....,..—,....- Arbour- Valk CIR f ADOPTED-XXXX,XXX LEGEND (Cad.Na.xxxx-xx) 0 150 300 600 Feet Airport Carlisle mixed I i i I I 1 1 I ( Mr Use Subdistrict Page 3 of 4 Om“� 4/13/2023 I T46S I T47S I T48S ! T49S I T505 I T51S I T52S I T535 1 , , ! I : f 1 j •• I Ell. 1 i� ill w11O11I9hI0 DLIlILJ80 g - 5 ', 1 - w i 1 1 1 / . . i } 4 ! , cc — E { 1 i ;4 1I ' 1 s { 3 J I ' 1 — W ' 11x ; fii,i � ' 1I; Eiiii;ijil1j . i ; i11lE� E1111E .14i; 1EIigf; g ! ff W II111111111 iifl1I1II1111, ( — W ]i n 1 g E1I gel ` 111 I � 11 11 a I I W r E 1,1 e f li i 1 1 1 1i .i a — ;PI 1 r ! 11;11i li cI i111 E i i 1 �t 1! i! I , ; w LbUf !i!I I III II1i&III I I1 — .. ,.„,,, y - / y w // cc ce i Ili}i c ; W w e L _ 1; J/(1 W„.., //" _ W ,„ N w _ _ ,. _.... X II A ,, , . .. / _ } - Ili6 - - loo 1 } - ''4 C9 C" 00 . : ii4 ffil..... ...... L_ Jr.% , zj Au . . . „; w 2 g T u, i 1 7 ! re 3 U �.. :.a_ aI :II�� n co • T 465 I T47S I 1485 I T49$ I T50$ I T51S I 1523 I T53S I 7 Page 4 of 4 OVD U, L 111 \1 ft .: ,..t40 ,-. FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State May 30, 2023 Jennifer Hansen, BMR& VAB Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Jennifer Hansen, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2023-27, which was filed in this office on May 30, 2023. If you have any questions or need further assistance, please contact me at (850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Administrative Code and Register Director ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270