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Ordinance 2023-53 ORDINANCE NO. 2023-5 3 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 GOVERNMENT SERVICES, RESIDENTIAL TOURIST AND COMMERCIAL SUBDISTRICT OF THE GOLDEN GATE CITY SUB- ELEMENT OF THE GOLDEN GATE MASTER PLAN ELEMENT OF THE GROWTH MANAGEMENT PLAN TO LIMIT THE USES ON THE 6.16± ACRES IDENTIFIED AS PARCEL 2 BY ALLOWING HOTEL/MOTEL OR TIMESHARE OR MULTI-FAMILY OR COMMERCIAL USES; BY CHANGING THE MULTI-FAMILY USE ON PARCEL 2 TO A MAXIMUM OF 215 RENTAL UNITS; PROVIDING 22.8% [49 UNITS] OF THE MULTI-FAMILY RENTAL UNITS ON PARCEL 2 WILL BE RENTED TO HOUSEHOLDS WHOSE INCOME QUALIFIES FOR AFFORDABLE HOUSING WITH 24 UNITS AT 80% OR LESS THE AREA MEDIAN INCOME FOR COLLIER COUNTY AND 25 UNITS AT 100% OR LESS THE AREA MEDIAN INCOME FOR COLLIER COUNTY, ALL SUBJECT TO CORRESPONDING RENT LIMITS; AND THE REMAINING 77.2% [166 UNITS] WILL BE RENT-RESTRICTED AT A RENT PERMITTED FOR HOUSEHOLDS WHOSE INCOME IS UP TO 120% OF AREA MEDIAN INCOME FOR COLLIER COUNTY. THE SUBJECT PROPERTY CONSISTS OF 20.1± ACRES AND IS LOCATED ON THE SOUTH SIDE OF GOLDEN GATE PARKWAY APPROXIMATELY % MILE WEST OF COLLIER BOULEVARD IN SECTION 27, TOWNSHIP 48 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. [PL20230012389] 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 [23-CMP-01179/18255I6/1]69 1 of3 Govt PSRT-SSGMPA PL20230012389 11/1/23 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, a Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A. and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A. representing Petitioner Styx Holdings Development, LLC requested an amendment to the Government Services, Residential Tourist and Commercial Subdistrict of the Golden Gate City Sub-Element of the Golden Gate City Master Plan 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 WHEREAS, the Collier County Planning Commission (CCPC) on October 19, 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 Government Services, Residential Tourist and Commercial Subdistrict of the Golden Gate City Sub-Element of the Golden Gate Master Plan Element of the Growth Management Plan on November 14, 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 TT IE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small-scale amendment to the Government Services, Residential Tourist and Commercial Subdistrict of the Golden Gate City Sub-Element of the Golden Gate Master Plan Element in accordance with Section 163.3184, Florida Statutes. The text is attached hereto as Exhibit "A" and incorporated herein by reference. [23-CMP-01179/1825516/1169 2 of 3 Govt PSRT-SSGMPA P1.20230012389 11/1/23 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. PASSED AND IWLY ADOP,TTD by the Board of County Commissioners of Collier County, Florida this I day of IN 0 yi,-n C.. ( , 2023. ATTEST: • BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: B Deputy Clerk Rick LoCastro, Chairman Attest as to Chairman's signature only. , This ordinance fired with the S retary of frog .'s Oft' s day of LW._ ._ Approved as to form and legality: and ocknowiadgernen 9f that filing received ti 's I day JL4 A (/'IC) By_ oC D.:0ov cart 1 leidi Ashton-Cicko, Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment 123-CMP-01 179/1825516/1)69 3 of 3 Govt PSRT-SSGMPA P1,20230012389 11/1/23 Exhibit A PL20230012389 EXHIBIT A GOLDEN GATE CITY SUB-ELEMENT— GOLDEN GATE AREA MASTER PLAN *** *** *** *** *** *** *** *** *** *** *** *** *** Policy 1.1.4: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN — MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. High Density Residential Subdistrict 3. Downtown Center Commercial Subdistrict 4. Government Public Services, Residential Tourist and Commercial Subdistrict *** *** *** *** *** *** *** *** *** *** *** *** *** 4. Government Public Services, Residential Tourist and Commercial Subdistrict This Subdistrict is 20.1± acres in size and is located on the south side of Golden Gate Parkway approximately 1/2 mile west of Collier Boulevard. The Government Public Services, Residential Tourist and Commercial Subdistrict is comprised of three parcels. Parcel 1 is intended to provide a variety of government, civic and institutional land uses. Parcel 2 is intended to provide for development of residential tourist uses consistent with the permitted and accessory uses allowed in the RT, Residential Tourist Zoning District and commercial uses consistent with the C-3 Commercial Intermediate Zoning District. Parcel 3 is intended to provide commercial uses consistent with the permitted and accessory uses allowed in the C-4, General Commercial Zoning District. Development within the Subdistrict shall be subject to the following: a. The subdistrict shall be rezoned to a Planned Unit Development (PUD). b. The rezone Ordinance must include development standards and buffers to insure compatibility with surrounding properties. c. Allowable governmental services shall include general governmental offices including those associated with planning, tax collection, property appraiser, supervisor of elections, building review and similar administrative uses as well as libraries, community centers, parks and recreational uses, group housing, museums, and other public uses as identified in the required PUD Zoning Ordinance. Allowable Residential Tourist uses shall include hotel/motel, multi-family rental dwelling units and timeshare uses. Page 1 of 2 Words underlined are added;words struck-through are deleted. 9/19/2023 Exhibit A PL2O23OO12389 d. Parcel 1 development is limited to a maximum intensity of 75,000 square feet of governmental facility uses and up to 120 beds for group housing uses, not to exceed an FAR of 0.6 for group housing uses. Parcel 2 development is limited to a maximum of 26 du/ac 158 for Hotel/Motel units uses acid or 16 du/ac for 98 timeshare uses units and or 215 multi-family rental dwelling units and timeshare uses, or 60,000 square feet of commercial uses consistent with the C-3, Commercial Intermediate Zoning District. If Parcel 2 is developed with more than 98 multi-family rental dwelling units, the following shall apply: 1. An income restriction will be placed on 22.8% of the total Parcel 2 dwelling units as follows: (1) Twenty-four(24) units will be rented to households whose incomes are at 80% or lower of the Area Medium Income (AMI) for Collier County and (2) Twenty-five (25) units will be rented to households whose incomes are 100% or lower of the AMI for Collier County; all forty-nine (49) units are subject to the corresponding rent limits. These income restrictions will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Rent limits may be adjusted annually based on the rent limit table published by the Florida Housing Finance Corporation or the U.S. Department of Housing and Urban Development. 2. There will be no income restrictions on the remaining units on Parcel 2. However, the remaining units will be rent restricted at a rent equal to or less than rents permitted for households whose incomes are up to and including 120% of the AMI for Collier County. These rent restrictions will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Rent limits may be adjusted annually based on the rent limit table published by the Florida Housing Finance Corporation or the U.S. Department of Housing and Urban Development. 3. As part of the annual PUD monitoring report, the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units. For rent restricted units, rent rolls and rental data will be provided in a format approved by Collier County Community and Human Services Division. Developer agrees to annual on- site monitoring by the County. Parcel 3 development is limited to a maximum intensity of 15,000 square feet of commercial uses consistent with the C-4, General Commercial Zoning District. Page 2 of 2 Words underlined are added;words struck-through are deleted. 9/19/2023 FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State November 21, 2023 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Ms. Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2023-53, which was filed in this office on November 16, 2023. If you have any questions or need further assistance, please contact me at (850) 245-6271 or Anya.Owens@DOS.MyFlorida.corn 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