Agenda 12/10/2019 Item #17D (Ordinance - Whippoorwill Lane)12/10/2019
EXECUTIVE SUMMARY
This item requires ex parte disclosure be provided by the Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 2006-61, as amended, which rezoned the subject property
to a Residential Multi-Family-6 (RMF-6) Zoning District with conditions, in order to remove a
condition of approval relating to affordable housing contributions and amend a condition of
approval relating to restrictions on the issuance of Certificates of Occupancy until the roadway
connection from Whippoorwill Lane to Livingston Road is fully operational, for property located
approximately 3,500 feet south of Pine Ridge Road, in Section 18, Township 49 South, Range 26
East, Collier County, Florida, consisting of 10+/- acres; and by providing an effective
date.
OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s findings and
recommendations along with the recommendations of the Collier County Planning Commission (CCPC)
regarding the above-referenced petition, render a decision regarding this Rezoning with Conditions
petition, and ensure the project is in harmony with all the applicable codes and regulations in order to
ensure that the community's interests are maintained.
CONSIDERATIONS: The subject property consists of ±10 acres and is located approximately 3,500
feet south of Pine Ridge Road near Stratford Lane, in Section 18, Township 49 South, Range 26 East,
Collier County, Florida. The petitioner is requesting to amend Ordinance 2006-61, which rezoned the
subject property located at 1450 Whippoorwill Lane from Agriculture to RMF-6 residential multiple-
family with conditions. The request is to remove conditions of approval relating to affordable housing
contributions and to amend restrictions on the issuance of Certificates of Occupancy until the roadway
connection from Whippoorwill Lane to Livingston Road is fully operational.
The subject property was rezoned from Agriculture to RMF-6 with certain conditions as part of
Ordinance 2006-61. There were 4 conditions created in 2006 as part of the ordinance are listed here:
Condition 1 requires an affordable housing contribution to the Collier County Affordable Housing Trust
Fund for every unit built. The Board of County Commissioners no longer requires or supports such
contributions and has agreed to remove them upon request from the landowner/applicant. The petition is
requesting removal of this condition.
Condition 2 requires an environmental survey at SDP and requires a small onsite preserve. No change
proposed for this condition.
Condition 3 states that Certificates of Occupancy shall not be issued until the roadway connection from
Whippoorwill Lane to Livingston Road is fully operational. The petitioner is requesting amendment of
this condition. They have coordinated with the Transportation Engineering and Construction
Management Division (TECM) regarding the anticipated construction date for the Whippoorwill
extension. Transportation has proposed amendment of Condition 3 to state the following:
“Certificates of Occupancy shall not be issued until the roadway connection from Whippoorwill Lane to
Livingston Road is fully operational, or until September 1, 2021, whichever is sooner.”
The Transportation Division has stated that they wish to provide certainty that someone could proceed in
the event of unforeseen delays to the County roadway project, such as a hurricane event.
Condition 4 assigns this project a proportionate share responsibility associated with the Whippoorwill
Lane to Livingston Road extension and Whippoorwill Lane signalization improvements. No change
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proposed for this condition.
The Whippoorwill roadway extension and related improvements were identified prior to the 2006 zoning
approval. Following the approval of Ordinance 2006-61, however, the Whippoorwill Lane roadway
extension project was moved lower on the priority list.
The applicant believes it was never anticipated that the roadway project would be postponed for an
extended period. The applicant also believes it was not the County’s intent to negatively impact or hold
up potential development on the subject property.
FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help
offset the impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as
needed to maintain an adopted Level of Service (LOS) for public facilities. Additionally, in order to meet
the requirements of concurrency management, the developer of every local development order approved
by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with
the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees
collected prior to issuance of a building permit include building permit review fees. Finally, additional
revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the
value of the improvements. Please note that impact fees and taxes collected were not included in the
criteria used by staff and the CCPC to analyze this petition.
GROWTH MANAGEMENT IMPACT: The subject property, consisting of ±10 acres, is located on
the east side of Whippoorwill Lane, approximately two-thirds of a mile south of Pine Ridge Rd. (CR
896), in Section 18, Township 49 South, Range 26 East. The property is currently designated Urban
(Urban - Mixed Use District, Urban Residential Subdistrict and within Residential Density Band, as
identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The 10 -acre
project is already approved for a multi-family residential development. The original (non-PUD) rezone
for this site imposed/added conditions as noted earlier.
CONCLUSION:
Based upon the above analysis, this proposed rezone may be deemed consistent with the FLUE.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
heard petition RZ-PL20190000479 on October 31, 2019. There was a motion to recommend approval of
the project as presented and the motion passed by a vote of 6-0.
LEGAL CONSIDERATIONS: Petitioner is requesting to amend Ordinance 2006-61, which rezoned the
subject property from Agriculture (A) to Residential-Multi-Family-6 (RMF-6) with conditions of
approval. The subject rezone is requested in order to remove those conditions of approval relating to
affordable housing contributions and amend restrictions on the issuance of Certificates of Occupancy
until the roadway connection from Whippoorwill Lane to Livingston Road is fully operational. The
attached staff report and recommendations of the Planning Commission required are advisory only and
are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove
that the proposed rezone is consistent with all the criteria set forth below, and you may question
Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied. Should you consider
denying the rezone, to assure that that your decision is not later found to be arbitrary, discriminatory or
unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not
meet one or more of the listed criteria below.
Criteria for Straight Rezones
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1. Will the proposed change be consistent with the goals, objectives, and policies and future
land use map and the elements of the Growth Management Plan?
2. Will the proposed rezone be appropriate considering the existing land use pattern?
3. Would the proposed rezone result in the possible creation of an isolated district unrelated
to adjacent and nearby districts?
4. Are the existing district boundaries illogically drawn in relation to existing conditions on
the property proposed for change?
5. Do changed or changing conditions make the passage of the proposed amendment
necessary?
6. Will the proposed change adversely influence living conditions in the neighborhood?
7. Will the proposed change create or excessively increase traffic congestion or create types
of traffic deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety?
8. Will the proposed change create a drainage problem?
9. Will the proposed change seriously reduce light and air to adjacent areas?
10. Will the proposed change adversely affect property values in the adjacent area?
11. Will the proposed change be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations?
12. Will the proposed change constitute a grant of special privilege to an individual owner as
contrasted with the public welfare?
13. Are there substantial reasons why the property cannot be used in accordance with
existing zoning?
14. Is the change suggested out of scale with the needs of the neighborhood or the County?
15. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
16. Consider: The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of potential
uses under the proposed zoning classification.
17. What is the impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County Adequate
Public Facilities Ordinance [Code ch.106, art.II], as amended?
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18. Are there other factors, standards, or criteria relating to this rezone request that the Board
of County Commissioners shall deem important in the protection of the public health,
safety, and welfare?
This item has been approved as to form and legality, and it requires an affirmative vote of four for Board
approval. (SAA)
RECOMMENDATION: The Zoning Division Staff agrees with the recommendation of the CCPC and
recommends approval of petition RZ PL20190000479 Cayo Whippoorwill subject to the TECM
recommended change to Condition number 3 for Ordinance 2006-61 as follows: Condition 3.,
“Certificates of Occupancy shall not be issued until the roadway connection from Whippoorwill Lane to
Livingston Road is fully operational, or until September 1, 2021, whichever is sooner.” And removal of
Condition 1 for the Affordable Housing Trust Fund contribution.
Prepared by: C. James Sabo, AICP, Principal Planner, Zoning Division
ATTACHMENT(S)
1. Staff Rept Cayo Whipp 9.26.19 (PDF)
2. Attachment A Ordinance - 091019 (PDF)
3. Attachment B Road Extension Whippoorwill (PDF)
4. Attachment C FLUE Consistency Review Cayo Whippoorwill (PDF)
5. [Linked] Back up materials (PDF)
6. Legal Ad - Agenda ID 10770 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doc ID: 10770
Item Summary: This item requires ex parte disclosure be provided by t he Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve an Ordinance amending Ordinance Number 2006-61, as amended, which rezoned the subject
property to a Residential Multi-Family-6 (RMF-6) Zoning District with conditions, in order to remove a
condition of approval relating to affordable housing contributions and amend a condition of approval
relating to restrictions on the issuance of Certificates of Occupancy until the roadway connection from
Whippoorwill Lane to Livingston Road is fully operational, for property located approximately 3,500 feet
south of Pine Ridge Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida,
consisting of 10+/- acres; and by providing an effective date.
Meeting Date: 12/10/2019
Prepared by:
Title: – Zoning
Name: James Sabo
11/05/2019 4:42 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
11/05/2019 4:42 PM
Approved By:
Review:
Zoning Ray Bellows Additional Reviewer Completed 11/08/2019 9:12 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 11/08/2019 9:48 AM
Growth Management Department James C French Deputy Department Head Review Completed 11/08/2019 5:22 PM
County Attorney's Office Sally Ashkar Additional Reviewer Completed 11/15/2019 11:01 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/15/2019 3:39 PM
County Attorney's Office James Sabo Level 2 Attorney of Record Review Skipped 11/06/2019 9:37 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/18/2019 10:18 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/19/2019 11:04 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/20/2019 2:07 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/25/2019 9:47 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM
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RZ-PL20190000479; Cayo Whippoorwill Rezone Page 1 of 10
Revised: October 8, 2019
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: OCTOBER 17, 2019
SUBJECT: RZ-PL20190000479 CAYO WHIPPOORWILL REZONE CONDITIONS
______________________________________________________________________________
PROPERTY OWNERS/APPLICANT/AGENT:
Owner: Agent/Applicant:
333 Investments Land Trust
1100 Kane Concourse
Bay Harbor Island, FL 33154
Patrick Vanasse, AICP
RWA, Inc.
6610 Willow Park Drive
Naples, FL 34109
REQUESTED ACTION:
The applicant is requesting that the Collier County Planning Commission (CCPC) consider an
application to amend Ordinance 2006-61, which rezoned the subject property located at 1450
Whippoorwill Lane from Agriculture to RMF-6 residential multiple-family with condtions. The
request is to remove conditions of approval relating to affordable housing contributions and amend
restrictions on the issuance of Certificates of Occupancy until the roadway connection from
Whippoorwill Lane to Livingston Road is fully operational. A aerial map showing the proposed
future roadway extension is included as Attachment A.
GEOGRAPHIC LOCATION:
The subject property consists of ±10 acres and is located approximately 3,500 feet south of Pine
Ridge Road near Stratford Lane, in Section 18, Township 49 South, Range 26 East, Collier County,
Florida. (see location map, page 2).
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Packet Pg. 3499 Attachment: Staff Rept Cayo Whipp 9.26.19 (10770 : RZ PL20190000479 Cayo Whippoorwill)
RZ-PL20190000479; Cayo Whippoorwill Rezone Page 2 of 10
Revised: October 8, 2019
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Packet Pg. 3500 Attachment: Staff Rept Cayo Whipp 9.26.19 (10770 : RZ PL20190000479 Cayo Whippoorwill)
RZ-PL20190000479; Cayo Whippoorwill Rezone Page 3 of 10
Revised: October 8, 2019
PURPOSE/DESCRIPTION OF PROJECT:
The subject property was rezoned from Agriculture to RMF-6 with certain conditions as part of
Ordinance 2006-61. There were 4 conditions created in 2006 as part of the ordinance are listed
here:
Condition 1 requires an affordable housing contribution to the Collier County Affordable
Housing Trust Fund for every unit built. The Board of County Commissioners no longer
requires or supports such contributions and has agreed to remove them upon request from
the landowner/applicant. The petition is requesting removal of this condition.
Condition 2 requires an environmental survey at SDP and requires a small onsite preserve.
No change proposed for this condition.
Condition 3 states that Certificates of Occupancy shall not be issued until the roadway
connection from Whippoorwill Lane to Livingston Road is fully operational. The petitioner
is requesting removal of this condition. They have coordinated with the Transportation
Engineering and Construction Management Division (TECM) regarding the anticipated
construction date for the Whippoorwill extension. Transportation has proposed
amendment of Condition 3 to state the following:
“Certificates of Occupancy shall not be issued until the roadway connection from
Whippoorwill Lane to Livingston Road is fully operational, or until September 1, 2021,
whichever is sooner.”
The Transportation Division has stated that they wish to provide certainty that someone
could proceed in the event of unforeseen delays to the County roadway project, such as a
hurricane event.
Condition 4 assigns this project a proportionate share responsibility associated with the
Whippoorwill Lane to Livingston Road extension and Whippoorwill Lane signalization
improvements. No change proposed for this condition.
The Whippoorwill roadway extension and related improvements were identified prior to the 2006
zoning approval. Following the approval of Ordinance 2006-61, however, the Whippoorwill Lane
roadway extension project was moved lower on the priority list.
The applicant believes it was never anticipated that the roadway project would be postponed for
an extended period. The applicant also believes it was not the County’s intent to negatively impact
or hold up potential development on the subject property.
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Packet Pg. 3501 Attachment: Staff Rept Cayo Whipp 9.26.19 (10770 : RZ PL20190000479 Cayo Whippoorwill)
RZ-PL20190000479; Cayo Whippoorwill Rezone Page 4 of 10
Revised: October 8, 2019
SURROUNDING LAND USE AND ZONING:
North: Residential multiple-family, zoned Whippoorwill Pines PUD
South: Residential multiple-family, zoned Whippoorwill Woods PUD
East: Residential multiple-family, zoned Whippoorwill Woods PUD
West: Residential single-family, zoned Arlington Lakes PUD
Aerial Map (County GIS)
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property, consisting of ±10 acres, is located on the east side of Whippoorwill Lane,
approximately two-thirds of a mile south of Pine Ridge Rd. (CR 896), in Section 18, Township 49
South, Range 26 East. The property is currently designated Urban (Urban – Mixed Use District,
Urban Residential Subdistrict and within Residential Density Band, as identified on the Future
Land Use Map (FLUM) of the Growth Management Plan (GMP). The 10-acre project is already
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RZ-PL20190000479; Cayo Whippoorwill Rezone Page 5 of 10
Revised: October 8, 2019
approved for a multi-family residential development. The original (non-PUD) rezone for this site
imposed/added conditions as noted earlier.
GMP CONCLUSION:
Based upon the above analysis, this proposed rezone may be deemed consistent with the FLUE.
Transportation Element: As noted above, the proposed rezone on the subject property is to
remove or modify conditions placed on the original rezone, Ordinance 06-61. One of the proposed
modifications is to condition three (3), which if approved, would include the anticipated
completion date of the Whippoorwill Lane Extension (extension), which extends Whippoorwill
Lane south and west to Livingston Road. This condition limits the issuance of certificates of
occupancy (CO) for this development, linking them to the completion of the extension. The
modification provides a date certain allowance that corresponds to the anticipated date of
completion of the extension. The applicant also provided a letter of no impact regarding this
development, which as indicated remains the same as originally approved in ordinance 06-61.
Staff notes that at time of the first development order (SDP or Plat) a new T ransportation Impact
Statement will be required to demonstrate the development continues to meet operational and
current capacity standards. For these reasons staff finds the proposed development in compliance
with the GMP and recommends approval.
Conservation and Coastal Management Element (CCME): Environmental staff has evaluated
the petition. No revisions to the environmental portions of the rezoning petition are being made.
The proposal is consistent with the CCME.
STAFF ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition, including Section
10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as “Rezone
Findings”), which establish the legal basis to support the CCPC’s recommendation.
Drainage: The proposed rezone request is not anticipated to create drainage problems in the area.
Stormwater best management practices, treatment, and storage will be addressed through the
environmental resource permitting process with the South Florida Water Management District.
County staff will also evaluate the project’s stormwater management system, calculations, and
design criteria at the time of site development plan (SDP) and/or platting (PPL).
Environmental Review: Environmental Planning staff has reviewed this petition. The Conservation
Easement will not be impacted by the proposed petition. This project does not require
Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of
land development project reviews as identified in Section 2-1193 of the Collier County Codes of
Laws and Ordinances.
Transportation Review: Transportation staff finds this petition consistent with the GMP, and
further recommends that the Collier County Planning Commission (CCPC) forwards Petition
PL20190000479 Cayo Whippoorwill to the Board of County Commissioners (BCC) with a
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Packet Pg. 3503 Attachment: Staff Rept Cayo Whipp 9.26.19 (10770 : RZ PL20190000479 Cayo Whippoorwill)
RZ-PL20190000479; Cayo Whippoorwill Rezone Page 6 of 10
Revised: October 8, 2019
recommendation of approval subject to the changes for Condition number 3 to add the September
2021 date.
Landscape Review: A landscape review is not applicable. The applicant is not proposing any
changes or deviations pertaining to landscape buffers.
School District: A school district review is not applicable. The only changes proposed are removal
of certain conditions from Ordinance 2006-61.
Utilities Review: A utilities review is not applicable. There is no development proposed. The only
changes proposed are removal of ordinance conditions.
Zoning Services Review: Zoning Division staff has evaluated the proposed request to rezone the
subject property and remove certain conditions related to contributions for affordable housing and
restrictions on the issuance of certificates of occupancy until the roadway connection from
Whippoorwill Lane to Livingston Road is fully operational.
With respect to elimination of Condition 1 and the removal of contributions to the Affordable
Housing Trust Fund, the Zoning Division finds the removal of the conditional acceptable. There
is now a BCC directed administrative process, PUD Minor Change, that allows petitioners to
remove the affordable housing trust fund contribution requirements. The Zoning Division
recommends approval for the removal of Condition number 1.
Regarding Condition 3 and the removal of the restrictions on the issuance of certificates of
occupancy until the roadway connection is completed, the Zoning Division agrees with the
Transportation Division recommendation to revise the language in Condition 3 to set a specific
end date for the elimination of the restriction on the issuance of certificates of occupancy. As
stated, the Transportation Division met with the applicant separately to discuss options related to
the elimination of Condition 3 language. The recommendation from Transportation is to amend
the language in condition 3 to eliminate the restriction on the issuance of C/O’s until the roadway
connection is completed or, September 1, 2021, whichever is sooner.
According to the Transportation Division, planning is currently underway for the roadway
connection from Whippoorwill Lane to Livingston Road. Therefore, the restriction in Condition 3
may be more appropriate with a sunset provision to allow future development of the RMF-6 parcel.
With respect to the remainder of the conditions in Ordinance 2006-61, they are appropriate and
should remain in effect.
REZONE FINDINGS:
LDC Subsection 10.02.08 F. states, “When pertaining to the rezoning of land, the report and
recommendations to the Planning Commission to the Board of County Commissioners…shall
show that the Planning Commission has studied and considered the proposed change in relation to
the following when applicable.” Additionally, Section 10.02.13 of the Collier County LDC
requires the Planning Commission to make findings as to the PUD Master Plans' compliance with
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RZ-PL20190000479; Cayo Whippoorwill Rezone Page 7 of 10
Revised: October 8, 2019
the additional criteria as also noted below: (Zoning Division staff responses in non-bold):
1. Whether the proposed change will be consistent with the goals, objectives, and policies
of the Future Land Use Map (FLUM) and the elements of the GMP.
Comprehensive Planning staff has determined the petition is consistent with the goals,
objectives, and policies of the FLUM and other elements of the GMP.
2. The existing land use pattern.
The existing land use pattern related to surrounding properties is described in the
Surrounding Land Use and Zoning section of this report. The proposed uses will not change
the existing land use patterns in the area.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The property is zoned RMF-6 multiple-family residential. The application is to rezone to
remove certain conditions in the straight zoning district created under Ordinance 2006-61,
which would not create an isolated district.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The existing district boundaries are logically drawn. There are no boundary changes
proposed.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed change is not necessary. It is a request to rezone to remove conditions by
the property owner.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed change will not adversely influence living conditions in the neighborhood.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
The Transportation Division states there are no changes proposed with this petition that
revise the original impacts on the roadway system. The development must comply with all
other applicable concurrency management regulations when development approvals,
including but not limited to any plats and or site development plans, are sought.
Operational impacts will be addressed at time of first development order (SDP or Plat).
8. Whether the proposed change will create a drainage problem.
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RZ-PL20190000479; Cayo Whippoorwill Rezone Page 8 of 10
Revised: October 8, 2019
It is not anticipated that the rezone request to PUDR will create drainage problems in the
area. Stormwater best management practices, treatment, and storage for this project will be
addressed through Environmental Resource Permitting (ERP) with the South Florida Water
Management District (SFWMD). County environmental staff will evaluate the stormwater
management system and design criteria at the time of SDP or PPL.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The proposed rezone is to change conditions in the straight zoning, Ordinance 2006-61,
and would not reduce light or air to adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent
areas.
Property value is affected by many factors. It is driven by market conditions and is
generally a subjective determination. Zoning alone is not likely to adversely affect the
property values. Generally, market conditions prevail.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
Most of the adjacent property is already developed as residential use. The approval of the
rezone request to change conditions in Ordinance 2006-61 is not likely to deter
development activity of surrounding property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
If the proposed rezone to remove conditions complies with the GMP and is found
consistent, then it is consistent with public policy and the change does not result in the
granting of a special privilege. Consistency with the FLUE is determined to be consistent
with public welfare.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The subject property can be used in accordance with existing zoning.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County.
The Zoning Division staff determination is that the proposed changes to the conditions in
Ordinance 2006-61 are not out of scale with the needs of the community.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
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Packet Pg. 3506 Attachment: Staff Rept Cayo Whipp 9.26.19 (10770 : RZ PL20190000479 Cayo Whippoorwill)
RZ-PL20190000479; Cayo Whippoorwill Rezone Page 9 of 10
Revised: October 8, 2019
The application was reviewed and found compliant with the GMP as proposed. The Zoning
Division staff does not review other sites related to a specific petition.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Any development anticipated by the proposed rezone request to change conditions would
require significant site alteration. The site is currently vacant, and construction would be
required. The development standards would be applied during the SDP and plat process.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
The project must comply with the criteria set forth in LDC Section 6.02.00 regarding
Adequate Public Facilities (APF) and must be consistent with applicable goals and
objectives of the GMP related to adequate public facilities. The concurrency review for
APF is determined at the time of SDP review. The activity proposed by this amendment
will have no adverse impact on public utilities facility adequacy. This petition has been
reviewed by Comprehensive Planning staff for consistency with the GMP and they find it
to be consistent.
18. Such other factors, standards, or criteria that the Board of County Commissioners
shall deem important in the protection of the public health, safety, and welfare.
DEVIATION DISCUSSION:
The petitioner is not seeking deviations from the requirements of the LDC.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant conducted a NIM on August 29, 2019, 5:30 PM, at the Naples Church of Christ at
12760 Livingston Road Naples, FL. For further information, please see the NIM Summary
information in the back-up material.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
This project does not require Environmental Advisory Council (EAC) review, as this project did
not meet the EAC scope of land development project reviews as identified in Section 2-1193 of
the Collier County Codes of Laws and Ordinances.
COUNTY ATTORNEY OFFICE REVIEW:
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Packet Pg. 3507 Attachment: Staff Rept Cayo Whipp 9.26.19 (10770 : RZ PL20190000479 Cayo Whippoorwill)
RZ-PL20190000479; Cayo Whippoorwill Rezone Page 10 of 10
Revised: October 8, 2019
The County Attorney’s Office reviewed this staff report for content and legal sufficiency on
October 8, 2019.
RECOMMENDATION:
Zoning Division staff recommends the CCPC forward petition RZ PL20190000479 Cayo
Whippoorwill to the Board of County Commissioners with a recommendation of approval, subject
to the TECM recommended change to Condition number 3 for Ordinance 2006-61 as follows:
Condition 3.,“Certificates of Occupancy shall not be issued until the roadway connection from
Whippoorwill Lane to Livingston Road is fully operational, or until September 1, 2021, whichever
is sooner.” And; removal of Condition 1 for the Affordable Housing Trust Fund contribution.
Attachments:
A) Proposed Ordinance 091019
B) Proposed Road Extension Whippoorwill to Livingston
C) FLUE Consistency Review Cayo Whippoorwill
D) Back up materials
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Packet Pg. 3508 Attachment: Staff Rept Cayo Whipp 9.26.19 (10770 : RZ PL20190000479 Cayo Whippoorwill)
17.D.2
Packet Pg. 3509 Attachment: Attachment A Ordinance - 091019 (10770 : RZ PL20190000479 Cayo Whippoorwill)
17.D.2
Packet Pg. 3510 Attachment: Attachment A Ordinance - 091019 (10770 : RZ PL20190000479 Cayo Whippoorwill)
17.D.2
Packet Pg. 3511 Attachment: Attachment A Ordinance - 091019 (10770 : RZ PL20190000479 Cayo Whippoorwill)
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17.D.3
Packet Pg. 3512 Attachment: Attachment B Road Extension Whippoorwill (10770 : RZ PL20190000479 Cayo Whippoorwill)
Growth Management Department
Zoning Division
C O N S I S T E N C Y R E V I E W M E M O R A N D U M
To: James Sabo, Principal Planner, Zoning Services Section
From: Corby Schmidt, AICP, Principal Planner, Comprehensive Planning Section
Date: June 27, 2019
Subject: Future Land Use Element Consistency Review of Proposed Rezone
PETITION NUMBER: RZ-PL201900000479 [REV: 1]
PETITION NAME: Cayo Whippoorwill Rezone
REQUEST: This petition requests to amend rezone Ordinance No. 06-61 to remove certain
conditions of approval.
LOCATION: The subject property, consisting of ±10 acres, is located on the east side of
Whippoorwill Lane, approximately two-thirds of a mile south of Pine Ridge Rd. (CR 896), in Section
18, Township 49 South, Range 26 East.
COMPREHENSIVE PLANNING COMMENTS: The subject property is currently designated Urban
(Urban – Mixed Use District, Urban Residential Subdistrict and within Residential Density Band, as
identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The 10-
acre project is already approved for a multi-family residential development. The original (non-
PUD) rezone for this site imposed/added conditions.
The present rezone request will remove Conditions no. 1 and no. 3 specifically, as follows:
• The Board of County Commissioners has generally agreed to remove requirements for
contributions to the Affordable Housing Trust Fund when requested.
• The roadway connection project is now underway and for a number of other reasons provided
in the application, this condition is no longer needed.
17.D.4
Packet Pg. 3513 Attachment: Attachment C FLUE Consistency Review Cayo Whippoorwill (10770 : RZ PL20190000479 Cayo Whippoorwill)
Condition nos. 2 and 4 are retained, and the zoning is not changed in any other manner.
Future Land Use Element (FLUE) Policy 5.6 ensures new developments are reviewed for
compatibility with, and complementary to, the surrounding land uses, as set forth in the Land
Development Code. The changes proposed by this “rezone” do not result with a “new
development” and that a (re)evaluation of this Policy is not necessary.
The County recognizes Smart Growth policies and practices in its consideration of future land use
arrangements and choice-making options. FLUE Objective 7 and Policies 7.1 through 7.4 promote
Smart Growth policies for new development and redevelopment projects pertaining to access,
interconnections, open space, and walkable communities. Given the nature of this petition and
the minor changes proposed (no changes in permitted uses, densities, or intensities), staff is of
the opinion that a (re)evaluation of FLUE policies under Objective 7 is not necessary. These policies
were evaluated during staff’s consistency review of the Cayo Whippoorwill rezone petition,
approved December 12, 2006.
CONCLUSION:
Based upon the above analysis, this proposed rezone may be deemed consistent with the FLUE.
PETITION ON CITYVIEW
cc: Ray Bellows, Zoning Manager, Zoning Services Section
David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section
Michael Bosi, AICP, Director, Zoning Division
G: Comp\Consistency Reviews\2019
\\bcc.colliergov.net\data\GMD-LDS\CDES Planning Services\Consistency Reviews\2019\RZ\RZ-PL20190000479 Cayo Whip_R1
drft.docx
17.D.4
Packet Pg. 3514 Attachment: Attachment C FLUE Consistency Review Cayo Whippoorwill (10770 : RZ PL20190000479 Cayo Whippoorwill)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
09/28/2017 Page 1 of 8
STANDARD REZONE APPLICATION
LDC Section 10.02.08
Chapter 3 H. of the Administrative Code
PROJECT NO
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Name of Property Owner(s): __________________________________________________________
Name of Applicant if different than owner: ______________________________________________
Address: ____________________________City: ________________ State: ______ ZIP: __________
Telephone: ____________________ Cell: _____________________ Fax: ______________________
E-Mail Address: ____________________________________________________________________
Name of Agent: ____________________________________________________________________
Firm: _____________________________________________________________________________
Address: ______________________________City: ________________ State: _______ ZIP: _______
Telephone: _____________________ Cell: _____________________ Fax: _____________________
E-Mail Address: ____________________________________________________________________
PROPERTY INFORMATION
Provide a detailed legal description of the property covered by the application , if space is
inadequate, attach on separate page:
•If the request involves changes to more than one zoning district, the applicant shall include a
separate legal description for property involved in each district;
•The applicant shall submit 4 copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale), if required to do so at the pre-application meeting; and
•The applicant is responsible for supplying the correct legal description. If questions arise
concerning the legal description, an engineer's certification or sealed survey may be required.
Section/Township/Range: / /
Lot: Block: Subdivision: ___________________________________________________
Plat Book: Page #: Property I.D. Number: ____________________________________
To be completed by staff
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
09/28/217 Page 2 of 8
Size of Property: ________ft. x ________ ft. = _________ Total Sq. Ft. Acres: ________
Address/ General Location of Subject Property: __________________________________________
__________________________________________________________________________________
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
S
E
W
If the owner of the subject property owns contiguous property please provide a detailed legal
description of the entire contiguous property: (If space is inadequate, attach on separate page)
Section/Township/Range: / /
Plat Book: Page #: Property I.D. Number: ____________________________________
Lot: Block: Subdivision: ___________________________________________________
Metes & Bounds Description: ________________________________________________________
REZONE REQUEST
This application is requesting a rezone from:
______________________ Zoning district(s) to the _____________________ zoning district(s).
Present Use of the Property: _________________________________________________________
Proposed Use (or range of uses) of the subject property: __________________________________
Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that
you are in compliance with these regulations.
N/A
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
09/28/217 Page 3 of 8
ASSOCIATIONS
Requirement: List all registered Home Owner Association(s) that could be affected by this petition.
Provide additional sheets if necessary. Information can be found on the Board of County
Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774.
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
EVALUATION CRITERIA
Pursuant to LDC section 10.02.08, staff’s recommendation to the Planning Commission and the
Planning Commission’s recommendation to the Board of County Commissioners shall be based upon
consideration of the applicable criteria. On a separate sheet attached to the application, please
provide a narrative statement describing the rezone request with specific reference to the criteria
noted below. Include any backup materials and documentation in support of the request.
1.Whether the proposed change will be consistent with the goals, objectives, policies, future
land use map and elements of the Growth Management Plan.
2.The existing land use pattern.
3.The possible creation of an isolated district unrelated to adjacent and nearby districts.
4.Whether existing district boundaries are illogically drawn in relation to existing conditions on
the property for the proposed change.
5.Whether changed or changing conditions make the passage of the proposed amendment
(rezone) when necessary.
6.Whether the proposed change will adversely influence living conditions in the neighborhood.
7.Whether the proposed change will create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
8.Whether the proposed change will create a drainage problem.
See Narrative
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
09/28/217 Page 4 of 8
9.Whether the proposed change will seriously reduce light and air to adjacent areas.
10.Whether the proposed change will seriously affect property values in the adjacent area.
11.Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
12.Whether the proposed change will constitute a grant of special privilege to an individual owner
as contrasted with the public welfare.
13.Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
14.Whether the change suggested is out of scale with the needs of the neighborhood or the
county.
15.Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such use.
16.The physical characteristics of the property and the degree of site alteration which would be
required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
17.The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management Plan
and as defined and implemented through the Collier County Adequate Public Facilities
Ordinance [Code Ch. 106, art. II], as amended].
18.Such other factors, standards, or criteria that the board of county commissioners shall deem
important in the protection of the public health, safety, and welfare.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many
communities have adopted such restrictions. You may wish to contact the civic or property owners
association in the area for which this use is being requested in order to ascertain whether or not the
request is affected by existing deed restrictions.
Previous land use petitions on the subject property: To your knowledge, has a public hearing been
held on this property within the last year? If so, what was the nature of that hearing?
__________________________________________________________________________________
__________________________________________________________________________________
Official Interpretations or Zoning Verifications: To your knowledge, has there been an official
interpretation or zoning verification rendered on this property within the last year?
Yes No if so please provide copies.
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
09/28/217 Page 5 of 8
STATEMENT OF UTILITY PROVISIONS
FOR STANDARD REZONE REQUEST
APPLICANT INFORMATION
Name of Applicant(s): _______________________________________________________________
Address: _________________________________ City: ___________ State: ________ ZIP: _______
Telephone: ____________________ Cell: _____________________ Fax: ______________________
E-Mail Address: ____________________________________________________________________
Address of Subject Property (If available): ______________________________________________
City: _______________ State: _________ ZIP: __________
LEGAL DESCRIPTION
Section/Township/Range: / /
Lot: Block: Subdivision: ___________________________________________________
Plat Book: Page #: Property I.D. Number: ____________________________________
Metes & Bounds Description: _________________________________________________________
TYPE OF SEWAGE DISPOSAL TO BE PROVIDED
Check applicable system:
a. County Utility System
b.City Utility System
c. Franchised Utility System Provide Name: _________________________
d.Package Treatment Plant (GPD Capacity): ________________________
e. Septic System
TYPE OF WATER SERVICE TO BE PROVIDED
a. County Utility System
b.City Utility System
c. Franchised Utility System Provide Name: _________________________
d.Private System (Well)
Total Population to be Served: ________________________________________________________
Peak and Average Daily Demands:
A. Water-Peak: ____________ Average Daily: ____________
B. Sewer-Peak: ____________ Average Daily: ____________
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
09/28/217 Page 6 of 8
If proposing to be connected to Collier County Regional Water System, please provide the date
service is expected to be required: ____________________________________________________
Narrative statement: Provide a brief and concise narrative statement and schematic drawing of
sewage treatment process to be used as well as a specific statement regarding the method of affluent
and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall
be provided from tests prepared and certified by a professional engineer.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Collier County Utility Dedication Statement: If the project is located within the service boundaries of
Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate
the water distribution and sewage collection facilities within the project area to the Collier County
Utilities. This shall occur upon completion of the construction of these facilities in accordance with
all applicable County ordinances in effect at that time. This statement shall also include an agreement
that the applicable system development charges and connection fees will be paid to the County
Utilities Division prior to the issuance of building permits by the County. If applicable, the statement
shall contain an agreement to dedicate the appropriate utility easements for serving the water and
sewer systems.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at
the pre-application meeting, if the project is to receive sewer or potable water services from any
provider other than the County, a statement from that provider indicating adequate capacity to serve
the project shall be provided.
PUBLIC NOTICE REQUIREMENTS
This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3
H. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit
a written summary and any commitments that have been made at the meeting. Refer to Chapter 8
of the Administrative Code for the NIM procedural requirements.
Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing
advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the
Board's final action on this item, please remove all public hearing advertising sign(s) immediately.
N/A
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
09/28/217 Page 7 of 8
Pre-Application Meeting and Final Submittal Requirement Checklist for:
Standard Rezone
Chapter 3 H. of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of
application submittal. At time of submittal, the checklist is to be completed and submitted with the application
packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each
section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF
COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website) 1
Pre-Application meeting notes 1
Project Narrative 1
Affidavit of Authorization, signed and notarized 1
Completed Addressing Checklist 1
Property Ownership Disclosure Form 1
Utility Provisions Statement with sketches 1
Signed and Sealed Survey 1
Conceptual Site Plan 1
Architectural Rendering
List identifying Owner & all parties of corporation 1
Warranty Deeds 1
Environmental Data Requirements, pursuant to LDC section 3.08.00 1
Listed Species Survey; less than 12 months old. Include copies of previous
surveys 1
Current aerial photographs (available from Property Appraiser) with project
boundary and, if vegetated, FLUCFCS Codes with legend included on aerial.
Historical Survey or waiver request 1
Traffic Impact Statement, with applicable fees 1
School Impact Analysis Application – residential projects only 1
Electronic copy of all documents and plans 1
*If located in Immokalee or seeking affordable housing, include an additional set of each submittal
requirement
If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas
Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239-
690-3500 for information regarding “Wildfire Mitigation & Prevention Plan.”
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
09/28/217 Page 8 of 8
Planners: Indicate if the petition needs to be routed to the following additional reviewers:
Bayshore/Gateway Triangle Redevelopment:
Executive Director Historical Review
City of Naples: Robin Singer, Planning Director Immokalee Water/Sewer District:
Conservancy of SWFL: Nichole Johnson Parks and Recreation: Barry Williams and David Berra
Emergency Management: Dan Summers; and/or
EMS: Artie Bay
School District (Residential Components): Amy
Lockheart
Other: Other:
FEE REQUIREMENTS
Pre-Application Meeting: $500.00 (Applications submitted 9 months or more after the date of the last
pre-application meeting shall not be credited towards application fees and a new pre-application
meeting will be required)
Rezone Petition (regular): $6,000.00 plus $25.00 an acre (or fraction thereof)
o Additional Fee for 5th and subsequent reviews: 20% of original fee
Comprehensive Planning Consistency Review: $750.00
Listed/Protected Species Survey: $1,000.00
Estimated Legal Advertising:
o CCPC- $1,125.00
o BCC- $500.00
Transportation Fee:
o Methodology Review: $500.00 (Additional fees to be determined at Methodology meeting)
School Concurrency Review: If required, to be determined by the School District in coordination with
the County
Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by
the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for
Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant
for this petition, I attest that all of the information indicated on this checklist is included in this submittal
package. I understand that failure to include all necessary submittal information may result in the delay of
processing this petition.
All checks payable to: Board of County Commissioners.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
Planning and Regulation
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Applicant/Owner Name (please print)
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www.consult-rwa.com
PROJECT NARRATIVE
Summary of Request:
The subject property consists of ±10 acres located at 1450 Whippoorwill Lane.
The subject property was rezoned from Agricultural (A) to Residential Multi-family 6 (RMF-6) in 2006.
This “straight rezone” is somewhat unique in that the zoning ordinance contained Conditions of Approval
typically reserved for PUDs.
Cayo Whippoorwill (PL#: 20190000479)
Rezone Application
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The zoning ordinance includes the following four conditions:
Condition #1 requires an affordable housing contribution to the Collier County Affordable
Housing Trust Fund for every unit built. The Board of County Commissioners no longer requires
or supports such contributions and has agreed to remove them upon request from the land
owner/applicant. The petition is requesting removal of this condition.
Condition #2 requires an environmental survey at SDP and requires a small onsite preserve. This
condition will remain.
Condition #3 states that Certificates of Occupancy shall not be issued until the roadway
connection from Whippoorwill Lane to Livingston Road is fully operational. The petition is
requesting removal of this condition.
The need for the Whippoorwill roadway extension and improvements was identified prior to the
2006 zoning approval, at a time when the roadway improvement seemed imminent.
Unfortunately, this roadway project was lowered in priority due to alternative political initiatives.
It was never anticipated that the roadway project would be put on hold for this long; nor was it
the County’s intent to negatively impact or hold up potential development on th e subject
property.
It should be noted that this condition was imposed at a time when the concurrency management
regulations were very different. At that time, a project could be held up due to concurrency
management deficiencies. Since then, state statutes have been revised to create a “pay and go”
regime where projects can move forward if they agree to pay their fair share of needed
improvements, which correlates with Condition 4 of the zoning ordinance.
Lastly, the Whippoorwill roadway extension and improvements to the Pine Ridge intersection
were recently discussed and approved by the Board of County Commissioners. The design of the
project is funded and should commence in the upcoming year. As such, improvements to address
the roadway level of service are underway and should remove any concerns associated with
development along this corridor.
Condition #4 assigns this project a proportionate share responsibility associated with the
Whippoorwill Lane to Livingston Road extension and Whippoorwill Lane signalization
improvements. This condition will remain.
Other than the deletion of Conditions #1 and #3, no other changes are requested. The property will
retain the RMF-6 zoning district designation and will be subject to all relevant LDC and Growth
Management Plan regulations.
Cayo Whippoorwill (PL#: 20190000479)
Rezone Application
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Given the unique nature of this “straight zoning”, conditions cannot be removed administratively, nor
through a streamlined process such as a PDI. As discussed with staff, a rezone from RMF-6 to RMF-6
must be conducted. Acknowledging these particular circumstances, many application requirements
have been waived and the following narrative addressing Rezone Considerations/Evaluation Criteria is
relatively brief and relies on the fact that the property has already been reviewed, evaluated and
approved for RMF-6 zoning. Therefore, this property has already been found consistent with the Land
Development Code, and Growth Management Plan and demonstrated compatibility with the
surrounding community.
Rezone Considerations Per LDC Section 10.02.08:
1. Whether the proposed change will be consistent with the goals, objectives, policies, future land
use map and elements of the Growth Management Plan.
The proposed rezone simply removes two conditions of approval but retains the RMF-6 zoning
district that currently exists. This zoning designation has been found consistent with the goals,
objectives, policies, and future land use map of the Growth Management Plan. The subject
property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict), as
identified on the Future Land Use Map (FLUM) of the County's GMP. This Subdistrict permits
residential development including a variety of zoning designations including RMF-6.
2. The existing land use pattern.
The subject property is surrounded by existing development. To the north, the property abuts
Whippoorwill Pines, a multi-family PUD which allows 6 du/ac. To the east and south it abuts
Whippoorwill Woods PUD which allows 7 du/ac. To the west, the property abuts Whippoorwill
Lane and beyond that is the Arlington Lakes PUD, which allows 6 du/ac. The proposed zoning
designation allows for the same general uses (variety of residential uses) and allows for a density
which is the same or less than abutting PUDs.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The rezone from RMF-6 to RMF-6 will not create an isolated district unrelated to adjacent and
nearby residential PUDs. The RMF-6 zoning district is residential in nature, and the property is an
infill parcel consistent and compatible with adjacent properties.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions on
the property for the proposed change.
Cayo Whippoorwill (PL#: 20190000479)
Rezone Application
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The property boundary is already defined and does not consist of a land assemblage. The existing
boundaries are logical, and the property represents an already defined infill parcel.
5. Whether changed or changing conditions make the p assage of the proposed amendment
(rezone) necessary.
Yes, change in the Board’s policy regarding affordable housing contributions, changes to the
concurrency management regulations and the planned Whippoorwill Lane extension
improvements make the rezone necessary in order to remove onerous and/or non-applicable
conditions.
6. Whether the proposed change will adversely influence living conditions in the neighborhood.
The proposed change consists of removing the two conditions identified above. The zoning
designation will remain the same. The change will not adversely influence living conditions.
Roadway improvements are planned and will easily accommodate eventual development of this
property.
7. Whether the proposed change will create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
The proposed change does not affect allowed density. It does however affect the timing of
potential development. As discussed above, the roadway improvements can easily
accommodate this eventual project and the eventual residential project is anticipated to have no
negative affect on public safety.
8. Whether the proposed change will create a drainage problem.
This project will not create a drainage problem. Eventual development of this property will need
to comply with county and state regulations associated with drainage and water management
best practices.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The property will be subject to RMF-6 setbacks and development standards as well as buffering
requirements, which provide safeguards to ensure appropriate light and air to adjacent areas.
Cayo Whippoorwill (PL#: 20190000479)
Rezone Application
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10. Whether the proposed change will seriously affect property values in the adjacent area.
The current zoning will remain the same, albeit for the elimination of 2 conditions. The allowed
uses and density are consistent with adjoining properties and will not unduly affect property
values in the adjacent areas.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
No, it will not be a deterrent since those properties are already developed.
12. Whether the proposed change will constitute a grant of special privilege to an individual owner
as contrasted with the public welfare.
The proposed change does not change the existing zoning district and does not represent a grant
of special privilege.
13. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
Yes, the existing conditions prevent development of the property per RMF -6 regulations.
Condition 1 places an undue financial burden on the owner , which is the basis for the Board of
County Commissioners being agreeable to remove conditions that no longer require or support
contributions to affordable housing. Condition 3 prevents immediate development of the
property by linking it to planned roadway improvements. Approval of this rezone removes these
conditions and allows use of the property as allowed by the RMF -6 zoning district.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
county.
The RMF-6 contains uses, allowed density and development standards consistent with adjacent
PUDs. This will ensure a development project that is in scale with neighboring properties.
15. Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such use.
N/A – The zoning district is currently RMF-6 and will remain RMF-6.
16. The physical characteristics of the property and the degree of site alteration which would be
required to make the property usable for any of the range of potential uses under the proposed
zoning classification.
N/A – The zoning district is currently RMF-6 and will remain RMF-6.
Cayo Whippoorwill (PL#: 20190000479)
Rezone Application
K:\2018\180116.00.01 Whippoorwill Lane Property - Rezone Amendment\0002 Rezone Amendment Application Preparation\PUD Rezone - Submittal 1 Working Docs\Narrative.docx
Page 6
6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597 -0575 | Fax (239) 597-0578
www.consult-rwa.com
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management Plan
and as defined and implemented through the Collier County Adequate Public Facilities
Ordinance [Code Ch. 106, art. II], as amended].
This is an infill parcel, utilities already service surrounding properties and will be available for this
site.
18. Such other factors, standards, or criteria that the board of county commissioners shall deem
important in the protection of the public health, safety, and welfare.
N/A
1
Jane Eichhorn
Subject:FW: Cayo Whippoorwill
From: Patrick Vanasse <pvanasse@consult‐rwa.com>
Sent: Tuesday, September 24, 2019 11:19 AM
To: Jane Eichhorn <JEichhorn@consult‐rwa.com>; SaboJames <James.Sabo@colliercountyfl.gov>
Subject: FW: Cayo Whippoorwill
James,
As you requested, here’s the email in which Trinity provided the Sept 2021 date for Whippoorwill.
Patrick Vanasse, AICP
Director of Community Development
OFFICE | 239.597.0575
DIRECT LINE | 239.438.4355
CELL | 239.398.2016
EMAIL | PVanasse@consult-rwa.com
From: ScottTrinity <Trinity.Scott@colliercountyfl.gov>
Sent: Tuesday, July 23, 2019 8:11 AM
To: Patrick Vanasse <pvanasse@consult‐rwa.com>
Cc: BeardLaurie <Laurie.Beard@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>; Jane
Eichhorn <JEichhorn@consult‐rwa.com>
Subject: RE: Cayo Whippoorwill
According to TECM, they indicated September 2021.
Respectfully,
Trinity Scott
Transportation Planning Manager
Capital Project Planning, Impact Fees & Program Management Division
NOTE: Email Address Has Changed
2685 South Horseshoe Drive, Suite 103
Naples, Florida 34104
Phone: 239.252.5832
Trinity.Scott@colliercountyfl.gov
2
From: Patrick Vanasse <pvanasse@consult‐rwa.com>
Sent: Monday, July 22, 2019 11:00 AM
To: ScottTrinity <Trinity.Scott@colliercountyfl.gov>
Cc: BeardLaurie <Laurie.Beard@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>; Jane
Eichhorn <JEichhorn@consult‐rwa.com>
Subject: RE: Cayo Whippoorwill
Thank you Trinity. I want to wrap up my response letter and be found complete ASAP. As such, can we respond that
we will accept your proposed condition with a “to be determined date” or should we identify that date prior to
resubmittal? Would 1.5‐2yr timeframe work?
PATRICK VANASSE, AICP
DIRECTOR OF COMMUNITY
DEVELOPMENT
OFFICE | 239.597.0575
CELL | 239.398-2016
EMAIL | pvanasse@consult-rwa.com
NOTICE: Upon receipt of any electronic file/data from RWA, Inc., you are agreeing to the following:
This file/data is for informational purposes only. It is the responsibility of the recipient to reconcile
this electronic file/data with the actual project site conditions. Recipient agrees to indemnify and
hold harmless RWA, Inc. for any defects or errors in this file/data.
From: ScottTrinity <Trinity.Scott@colliercountyfl.gov>
Sent: Friday, July 19, 2019 3:41 PM
To: Patrick Vanasse <pvanasse@consult‐rwa.com>
Cc: BeardLaurie <Laurie.Beard@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>;
MoscaMichele <Michele.Mosca@colliercountyfl.gov>
Subject: RE: Cayo Whippoorwill
I would propose that the following language:
“Certificates of occupancy shall not be issued until the roadway connection between Whippoorwill Lane and
Marbella Lakes Drive is fully operational or TO BE DETERMINED DATE, whichever is sooner.”
My thoughts behind the date are as follows…I wanted to provide certainty that someone could move forward
provided unforeseen delays occurred in the County project (i.e. hurricane, etc.).
I would feel more comfortable with removing the commitment if Pine Ridge Road was not operating at a LOS
F, we do have a fix, but it will be implemented after the Whippoorwill connection is anticipated to be
completed. I have a request into our TECM Division to get some insight on a date, I do not believe it will be
within 12 months though. Remember this is tied to CO’s, not completion, so if you have 9 to 12 months for
SDP approval, how long for infrastructure before you start with CO’s?
Respectfully,
Trinity Scott
Transportation Planning Manager
3
Capital Project Planning, Impact Fees & Program Management Division
NOTE: Email Address Has Changed
2685 South Horseshoe Drive, Suite 103
Naples, Florida 34104
Phone: 239.252.5832
Trinity.Scott@colliercountyfl.gov
From: Patrick Vanasse <pvanasse@consult‐rwa.com>
Sent: Thursday, July 18, 2019 4:12 PM
To: ScottTrinity <Trinity.Scott@colliercountyfl.gov>
Cc: BeardLaurie <Laurie.Beard@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>
Subject: Cayo Whippoorwill
Hi Trinity,
I just talked to Laurie about the transportation condition we’re trying to eliminate for Cayo Whippoorwill. I wasn’t clear
on the rejection comment we received from Mike Sawyer. The way Laurie explained it, you still want to retain that
condition but stipulate the construction can occur once the Whippoorwill extension is built or a time certain date that
we could identify in the condition. My client that you are familiar with, would like to begin the SDP application as soon
as the zoning action is complete. I’m assuming that the SDP would take 4‐6 months and then they would like to begin
construction immediately. As such, the first CO could be within 9‐12 months.
Can we stipulate a date that would work with that schedule – I doubt the roadway extension will be built within that
time frame?
Also, my understanding of the state statutes is that we have a “pay and go” system in that if a developer is willing to pay
its fair share, local government cannot hold back development.
Please help as best you can. My client has a very tight schedule and would like to resolve this issue and schedule
hearings ASAP.
Thank you for your assistance.
PATRICK VANASSE, AICP
DIRECTOR OF COMMUNITY
DEVELOPMENT
OFFICE | 239.597.0575
CELL | 239.398-2016
EMAIL | pvanasse@consult-rwa.com
NOTICE: Upon receipt of any electronic file/data from RWA, Inc., you are agreeing to the following:
This file/data is for informational purposes only. It is the responsibility of the recipient to reconcile
this electronic file/data with the actual project site conditions. Recipient agrees to indemnify and
hold harmless RWA, Inc. for any defects or errors in this file/data.
4
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.
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
ADDRESSING CHECKLIST
Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations
Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must
be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing.
Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. F orms older than 6 months will require additional review and approval by the Addressing
Department.
PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type)
BL (Blasting Permit)
BD (Boat Dock Extension)
Carnival/Circus Permit
CU (Conditional Use)
EXP (Excavation Permit)
FP (Final Plat
LLA (Lot Line Adjustment)
PNC (Project Name Change)
PPL (Plans & Plat Review)
PSP (Preliminary Subdivision Plat)
PUD Rezone
RZ (Standard Rezone)
SDP (Site Development Plan)
SDPA (SDP Amendment)
SDPI (Insubstantial Change to SDP)
SIP (Site Im provement Plan)
SIPI (Insubstantial Change to SIP)
SNR (Street Name Change)
SNC (Street Name Change – Unplatted)
T DR (Transfer of Development Rights)
VA (Variance)
VRP (Vegetation Removal Permit)
VRSFP (Vegetation Removal & Site Fill Permit)
OTHER
LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached)
FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one)
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) 1
SURVEY (copy - needed only for unplatted properties)
LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-
of-way
PROPOSED PROJECT NAME (if applicable)
SDP - or AR or PL #
(Retired address point.)
S18 T49 R26
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
Please Return Approved Checklist By: Email Personally picked up
Applicant Name:
Signature on Addressing Checklist does not constitute Project and/or Street Name
approval and is subject to further review by the Operations Department.
FOR STAFF USE ONLY
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Approved by: Date:
Updated by: Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED 2
Fax
Email/Fax:Phone:
Project or development names proposed for, or already appearing in, condominium documents (if application;
indicate whether proposed or existing)
00288040002
05/28/2019
4/23/2019 Details
www.collierappraiser.com/main_search/recorddetail.html?sid=938572783&Map=No&FolioNum=00288040002 1/1
$ 162,500$ 100$ 3,982,500$ 875,000$ 260,000$ 240,000$ 130,000$ 30,000$ 0
$ 1,000,000$ 0$ 1,000,000$ 121,540$ 878,460$ 1,000,000
$ 878,460
Collier County Property Appraiser Property Summary
Parcel No 00288040002 SiteAddress
1450WHIPPOORWILLLN Site City NAPLES Site Zone*Note 34105
Name / Address
333 INVESTMENTS LAND TRUST
% BAY HARBOR RUG GALLERY
1100 CONCOURSE
City BAY HARBOR ISLAN State FL Zip 33154 Map No.Strap No. Section Township Range Acres *Estimated4B18000100 046 4B18 18 49 26 10 Legal 18 49 26 S1/2 OF S1/2 OF NW1/4 OF SE1/4, 10 AC Millage Area 70 Millage Rates *CalculationsSub./Condo 100 - ACREAGE HEADER School Other TotalUse Code 99 - ACREAGE NOT ZONED AGRICULTURAL 5.049 5.8222 10.8712 Latest Sales History(Not all Sales are listed due to Confidentiality)Date Book-Page Amount10/17/12 4850-140201/07/11 4641-56403/23/07 4201-213702/28/05 3741-411404/11/00 2662-60310/23/90 1564-210208/01/87 1287-89702/01/84 1068-14107/01/78 760-1371
2018 Certified Tax Roll(Subject to Change)
Land Value
(+) Improved Value
(=) Market Value
(-) 10% Cap
(=) Assessed Value
(=) School Taxable Value
(=) Taxable Value
If all Values shown above equal 0 this parcel was created after theFinal Tax Roll
4/23/2019 Print Map
maps.collierappraiser.com/mapprint.aspx?pagetitle=&orient=LANDSCAPE&paper=LETTER&minX=412218.076030015&minY=678871.077368743&maxX=413925.308321686&maxY=680236.8632020…1/2
Folio Number: 00288040002 Name: 333 INVESTMENTS LAND
TRUST Street# & Name: 1450
WHIPPOORWILL LN Build# / Unit#: 046 / Legal Description: 18 49 26 S1/2 OF
S1/2 OF NW1/4 OF SE1/4, 10 AC
2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are providedfor the data herein, its use, or its interpretation.
ARLINGTONLAKESWHIPPOORWILLPINESWHIPPOORWILL LANE
WHIPPOORWILLWOODS CAYOWHIPPOORWILLFeet0100200TITLE:CLIENT:PROJECT:PROJECT NO.:6610 Willow Park Drive, Suite 200Naples, Florida 34109(239) 597-0575 FAX: (239) 597-0578www.consult-rwa.comFlorida Certificates of AuthorizationEB 7663 LB 6952FILE NAME:May 22, 2019 3:28 PM K:\2018\180116.00.P0 Whippoorwill Due Diligence\CAD\WHIPPOORWILL AERIAL.dwgCAYOWHIPPOORWILL333 INVESTMENTLAND TRUST180116.00.P0WHIPPOORWILL AERIALAERIAL
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
Created 9/28/2017 Page 1of 3
Name and Address %of Ownership
Name and Address % of Ownership
Name and Address % of Ownership
333 Investments Land Trust
Alireza Amini Moghaddam 100%
333 Las Olas Way, Unit 1110
Fort Lauderdale, FL 33301
(See attached 333 Investments Land Trust Agreement)
www .colliergov. net
(239} 252-2400 FAX: (239} 252-6358
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Cayo Whippoorwill (PL#: 20190000479) -Revised 9/10/19
******************************************************************************
CAYO WHIPPOORWILL REZONE
RZ-2005-AR-8039
CONDITIONS OF APPROVAL
1. Prior to allowing clearing in pine flatwoods (411), the developer must provide a survey
performed by a qualified biologist to Environmental Services staff identifying any listed air
plants. Any air plants so identified must be relocated to the preserve area prior to the pre -
construction meeting. The survey and subsequent relocation shall be subject to revie w and
approval by Collier County Environmental Services staff. Proof of competed relocation shall
be provided to Environmental Services staff at the pre-construction meeting.
2. Certificates of Occupancy shall not be issued until the roadway connection from Whippoorwill
Lane to Livingston Road is fully operational or September 1, 2021, whichever is sooner.
3. The developer, or its successors and assigns, shall pay to Collier County the proportionate fair
share of the Whippoorwill Lane to Livingston Road extension and the Pine Ridge Road and
Whippoorwill Lane signalization costs as those amounts are determined by Collier County
Transportation staff. Payments shall be rendered in accordance with the regulations in effect
at the time or as determined by Collier County Transportation staff.
******************************************************************************
Cayo Whippoorwill (PL#: 20190000479) -Revised 9/10/19
******************************************************************************
CAYO WHIPPOORWILL REZONE
RZ-2005-AR-8039
CONDITIONS OF APPROVAL
1. Prior to the issuance of a Certificate of Occupancy for all units, the developer, or its successors
and assigns, shall pay to the Collier County Affordable Housing Trust Fund the sum of $1,000
for that unit. The payment of this sum set forth shall reflect a credit to the project’s
obligations to pay fees that may be adopted in the future by the County relati ng to the
provision of affordable or workforce housing.
2.1. Prior to allowing clearing in pine flatwoods (411), the developer must provide a survey
performed by a qualified biologist to Environmental Services staff identifying any listed air
plants. Any air plants so identified must be relocated to the preserve area prior to the pre -
construction meeting. The survey and subsequent relocation shall be subject to review and
approval by Collier County Environmental Services staff. Proof of competed relocation shall
be provided to Environmental Services staff at the pre-construction meeting.
3.2 Certificates of Occupancy shall not be issued until the roadway connection from Whippoorwill
Lane to Livingston Road is fully operational or September 1, 2021, whichever is sooner.
4. 3. The developer, or its successors and assigns, shall pay to Collier County the proportionate
fair share of the Whippoorwill Lane to Livingston Road extension and the Pine Ridge Road
and Whippoorwill Lane signalization costs as those amounts are determined by Collier
County Transportation staff. Payments shall be rendered in accordance with the regulations
in effect at the time or as determined by Collier County Transportation staff.
******************************************************************************
K:\2018\180116.00.01 Whippoorwill Lane Property - Rezone Amendment\0004 Neighborhood Information Meeting (if required)\NIM Mailer.docx Page 1 of 2
6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578
www.consult-rwa.com
August 9, 2019
Subject: Neighborhood Information Meeting
Cayo Whippoorwill
Rezone Application – PL20190000479
Dear Property Owner:
Please be advised that a formal application has been submitted to Collier County seeking
approval of a Standard Rezone for the following described property:
The subject property is located on a 10 +/- acre parcel (Property ID No.: 00288040002) north of
the intersection of Whippoorwill Lane and Stratford Lane. The address of the property is 1450
Whippoorwill Ln, Naples, Florida. The project location is north of the Stratford Place development
and south of the Mariposa development.
The petitioner is asking the County to approve this application to remove or modify two (2) of
the four (4) conditions of the existing rezoning approval from 2006 (Ordinance 06-61) that
changed the zoning from Agricultural (A) to Residential Multi-family 6 (RMF-6). The conditions
proposed to be removed are specific to the following:
Condition #1 requires an affordable housing contribution to the Collier County Affordable
Housing Trust Fund for every unit built. The Board of County Commissioners no longer
requires or supports such contributions and has agreed to remove them upon request
from the land owner/applicant.
Condition #3 states that Certificates of Occupancy shall not be issued until the roadway
connection from Whippoorwill Lane to Livingston Road is fully operational. Pursuant to
recent County decisions, the Whippoorwill Lane extension has been approved and funded
for construction. As such, the condition is being revised as follows:
“Certificates of Occupancy shall not be issued until the roadway connection from
Whippoorwill Lane to Livingston Road is fully operational or September 1, 2021, whichever
is sooner”.
In order to remove the conditions, it is necessary to seek approval of a rezone application. No
other conditions or aspects of the prior rezoning approval from 2006 will be changed. The zoning
district will remain RMF-6.
Page 2 of 2
6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578
www.consult-rwa.com
In compliance with the Administrative Code for Land Development requirements, a
Neighborhood Information Meeting will be held to provide you an opportunity to become fully
aware of the intended rezoning to remove or modify the conditions and to give you an
opportunity to ask questions and provide input. The Neighborhood Information Meeting will be
held on Thursday, August 29, 2019 at 5:30 pm at the Naples Church of Christ, 12760 Livingston
Rd., Naples, FL 34105.
At this meeting the petitioner will make every effort to illustrate how the property will be
developed and to answer any questions. Should you have questions prior to the meeting, please
contact me.
Sincerely,
RWA, Inc.
Patrick Vanasse, AICP
Director of Community Development
KSG/
1NAME1NAME2NAME3NAME4NAME5NAME6FOLIO1390 TIFFANY LANE TRUSTC/O M L SHAPIRO720 GOODLETTE RD N STE 304NAPLES, FL 34102---5656292710018481395 MARIPOSA 102 LAND TRUST 2670 AIRPORT ROAD SOUTHNAPLES, FL 34112---0596900113241460 MARIPOSA CIRCLE LLCPO BOX 10287NAPLES, FL 34101---0596900136232 JERSEY GIRLS, LLC1566 JAMAICA CTMARCO ISLAND, FL 34145---4043 59690010325333 INVESTMENTS LAND TRUST% BAY HARBOR RUG GALLERY 1100 CONCOURSEBAY HARBOR ISLAN, FL 33154---0 00288040002ACCARDI, ALISA M1340 MARIPOSA CIRCLE UNIT101NAPLES, FL 34105---059690012789ADRIANZEN, ERNESTO & FABIOLA 14224 SW 91ST STMIAMI, FL 33186---780259690012585AFFORDABLE LIFESTYLE HOMES LTD 1005 KENILWORTH AVECLEVELAND, OH 44113---059690010642ALLIA, PAULA JANNETTE SURIDIS1405 TIFFANY LN APT 1408NAPLES, FL 34105---487229271001589AMMIRATI, PATRICIA1325 MARIPOSA CIR #3-101NAPLES, FL 34105---059690010341ANCANAN, NOEL L & JOCELYN C 760 HAMPTON CIRCLENAPLES, FL 34105---075020004642ANDALUCIA HOMEOWNERS ASSOC INC % SANDCASTLE COMM MGMT 9150 GALLERIA CT #201NAPLES, FL 34109---022150000064ANDALUCIA HOMEOWNERS ASSOC INC % SANDCASTLE COMM MGMT 9150 GALLERIA CT #201NAPLES, FL 34109---022150000129ANDALUCIA HOMEOWNERS ASSOC INC % SANDCASTLE COMM MGMT 9150 GALLERIA CT #201NAPLES, FL 34109---022150000226ANDALUCIA HOMEOWNERS ASSOC INC %SANDCASTLE COMM MGMT9150 GALLERIA CT #201NAPLES, FL 34109---022150000200ANDALUCIA HOMEOWNERS ASSOC INC %SANDCASTLE COMMM GMT9150 GALLERIA CT #201NAPLES, FL 34109---022150000145ANDREOULAKIS, ANNE1455 MARIPOSA CIR APT 101NAPLES, FL 34105---725459690012226ANDRZEJAK, DENISE MARIE1400 TIFFANY LANE #2403NAPLES, FL 34105---029271001961ARIAS-FANDINO, NOHORA SILVIA OANA MARCELA GOMEZ ARIAS 1405 TIFFANY LANE #1402NAPLES, FL 34105---029271001466ARIZA, ANTONIA ANDIS1420 TIFFANY LANE #2606NAPLES, FL 34105---029271000687ARNOLD, BARBARA12870 CARRINGTON CIR UNIT 202NAPLES, FL 34105---500059690010422ARTHUR VICTOR II TRUST285 MADISON STREETDENVER, CO 80206---059690011007ASTER REALTY INC13625 KICKAPOO TRAILHOMER GLEN, IL 60491---075020000989ASTER REALTY INC13625 KICKAPOO TRAILHOMER GLEN, IL 60491---075020004985AYALA, DIEGO F & JODI L1340 MARIPOSA CIRCLE #103NAPLES, FL 34105---059690012828BABB, BENJAMIN & JESSICA1385 MARIPOSA CIRCLE #101NAPLES, FL 34105---059690011227BADRA, GAMIL ANTOUN1637 SERRANO CIRNAPLES, FL 34105---022150001924BALA, ARDJAN & MIRJETA1036 HAMPTON CIRCLEUNIT 61NAPLES, FL 34105---075020002068BALA, OSMAN & LUIZAARDIT BALA15167 SUMMIT PLACE CIRNAPLES, FL 34119---075020001645BALABON, PETER S1375 HENLEY STNAPLES, FL 34105---486629271001246BALANCA, ETEM & LULVERE783 HAMPTON CIRNAPLES, FL 34105---482675020003546BALL, PRYSTALSOUT, PETER1289 OXFORD LNNAPLES, FL 34105---075020005405BANASIK, ANITAEMIL KORZYSTKA1345 MARIPOSA CIRCLE#5 203NAPLES, FL 34105---059690010781BARON JR, JOHN A1083 ALBANY CTNAPLES, FL 34105---481475020005324BARZANA, CESAR & RITA1405 MARIPOSA CIR # 202NAPLES, FL 34105---726959690011528BAYER, CARLOS A & TEREZINHA B 13751 PLATI CTESTERO, FL 33928---059690011104BE NICE LLC990 BISCAYNE BLVDOFFICE 701MIAMI, FL 33132---059690013047BELININ, IEVGENOLESYA SHCHERDAN19 G PRIRECHNAYA #206KIEV 01001 UKRAINE59690011764BELL, JOSHUA & LINDA128 MISSISSIPPI ROADCARLETON PLACE K7C 4H8 CANADA 29271000328BELLI, ARTHUR & BEVERLY1405 TIFFANY LN $1407NAPLES, FL 34105---487229271001563BELTRAN, ANGELA1048 HAMPTON CIR # 58NAPLES, FL 34105---075020002000BEQIRI, KONTILA & ADI784 HAMPTON CIRNAPLES, FL 34105---075020004529BERGER, CRAIG & SUSAN S345 BRUNSWICK PLRIVA, MD 21140---141529271002041BEST, HOWARD J & DEBBIE M1355 MARIPOSA CIR #6202NAPLES, FL 34105---059690010927BIBO SOUTH LLC138 TREETOP LANEEGG HARBOR TWP, NJ 08234---0 59690011049BIBO SOUTH LLC138 TREETOP LANEEGG HARBOR TWP, NJ 08234---0 59690012349BIBO SOUTH LLC138 TREETOP LANEEGG HARBOR TWP, NJ 08234---0 59690012860BIBO SOUTH LLC138 TREETOP LNEGG HARBOR TOWNS, NJ 08234---4871 59690010202BIBO SOUTH LLC138 TREETOP LNEGG HARBOR TOWNS, NJ 08234---4871 59690011845BLASKIS, ANTHONY1128 OXFORD LNNAPLES, FL 34105---481775020001603BLAZINA, GABRIELLE A1430 TIFFANY LN APT 2704NAPLES, FL 34105---487829271000807BRAMANTE, MARIA1355 MARIPOSA CIRCLE #204NAPLES, FL 34104---059690010969Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA.Petition: PL20190000479 | Buffer: 500' | Date: 8/1/2019 | Site Location: 00288040002POList_500_PL20190000479
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Text of Ad: 08/07/2019
6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com
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DATE: September 6, 2019
TO: James Sabo, AICP, Principal Planner
Collier County – Growth Management Department: Zoning Division
FROM: Patrick Vanasse, AICP
Director of Community Development
RWA
PROJECT NAME: Cayo Whippoorwill – Rezoning (PL20190000479)
SUBJECT: Neighborhood Information Meeting – Summary
A Neighborhood Information Meeting (NIM) was held on August 29, 2019, at 5:30pm at Naples Church of Christ,
12760 Livingston Rd., Naples, FL 34105.
Attendees are as follows:
• Patrick Vanasse – RWA
• Jane Eichhorn, Permitting Manager – RWA Engineering
• James Sabo, Principal Planner – Collier County
• Augusto Vincello - Public
• Tom Wehr - Public
• Peter Balabon - Public
• David Stivers - Public
• Angelo Menna - Public
Summary (Started at 5:30 p.m.):
Mr. Vanasse introduced the Project Team and County Staff. He explained why this Neighborhood Information
Meeting (NIM) was being held and encouraged people to follow up with county staff or RWA following the meeting
if they had further questions.
MEMORANDUM
6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com
Page 2 of 5
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Mr. Vanasse explained that the subject petition is very simple. He explained that the applicant is asking to rezone
the subject property from RMF6 to RMF6, and that the rezoning process is the only process available to remove
or modify two of the four conditions attached to the existing zoning.
Mr. Vanasse described the property, its location, provided some background and explained the request:
• 10 acres in size
• Located and between Whippoorwill Pines and Whippoorwill Woods off of Whippoorwill Lane
• Current Zoning was approved in 2006. It was rezoned from Agriculture to RMF6 to allow a maximum of 6
units per acres, so the maximum number of units you could put on the property is 60 unit
• The applicant is a Land Trust, 333 Land Trust
• Applicant is looking to sell the property to a developer/builder, but the existing conditions impose
restrictions that are a hindrance to a sale
Mr. Vanasse identified the four conditions presented on the presentation board and explained that the petition
was requesting to remove condition #1 and modify #3 as follows.
Condition #1 requires an affordable housing contribution to the Collier County Affordable
Housing Trust Fund for every unit built. The Board of County Commissioners no longer requires
or supports such contributions and has agreed to remove them upon request from the
landowner/applicant.
Condition #3 states that Certificates of Occupancy shall not be issued until the roadway
connection from Whippoorwill Lane to Livingston Road is fully operational. Pursuant to recent
County decisions, the Whippoorwill Lane extension has been approved and f unded for
construction. As such, the condition is being revised as follows:
“Certificates of Occupancy shall not be issued until the roadway connection from Whippoorwill
Lane to Livingston Road is fully operational or September 1, 2021, whichever is sooner”.
Mr. Vanasse explained some of the history behind the two conditions and that conditions in the county had
changed since 2006. He explained that the county no longer has an Affordable Housing Trust Fund and they are
not in the business of building Affordable Housing. As such they are no longer asking for affordable housing
contributions and decided that any landowner with such a condition in their zoning could ask to get it removed.
Mr. Vanasse also provided some context associated proposed roadway improvements to connect Whippoorwill
to Livingston Road and explained that the concurrency management system in affect at that time allowed the
county to restrict the ability to obtain COs on the subject property. Mr. Vanasse explained that the proposed
improvement became controversial and was therefore removed from the county’s priority list. He went on to
explain that the Board of County Commissioners (BCC) had recently re-evaluated the roadway improvement and
had decided to move forward with it. Mr. Vanasse explained that the applicant wanted some assurance that he
could move forward with eventual development and ask to modify that condition accordingly. In collaboration
with Transportation Planning staff, the condition has been modified to put a time limit of September 1, 2021 to
the current restriction.
6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com
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Mr. Vanasse concluded his presentation by emphasizing that these are the only two changes being requested and
that the existing RM6 zoning designation will stay the same and that the property will remain subject to all Land
Development code standards and regulations.
Mr. Vanasse then opened the question and answer period.
Questions/Comments asked or offered at the meeting:
James Sabo asked individuals to state their name for the record.
Q/C: Tom Wheir asked about the timeframe for the county roadway project?
A: Mr. Sabo clarified that the applicant was asking about the roadway not the proposed rezone. He also
explained that he did not have the details of the roadway improvements but would be happy to
coordinate with the Transportation Planning Department. He handed out business cards.
Mr. Vanasse explained that the transportation staff was invited but that no one could attend. He
reiterated that they are the best people to talk to in order to get details about the improvements.
Mr. Sabo clarified that the roadway project and the rezone request were two separate issues and that this
NIM was for the rezone request. He explained that he understood their concerns regarding the roadway
and that he could relay their concerns or put them in touch with the right people.
Q/C: Peter B asked if Applicant wanted to build by 2021.
A: Mr. Vanasse informed them that the owner wants to be able to move forward with his property and
that he is currently trying to sell it. He explained that the two conditions subject to this petition are
impediments to a sale and that the 2021 provides assurance that development could move forward at a
specified date.
Q/C Peter B comment that he does not have a problem with the owner using their land but is concerned
about the timing of the road and eventual development.
A: Mr. Vanasse asked that the public verify with transportation staff, but his understanding is that the
improvements are funded, and that work could begin in the upcoming year. He explained that should the
project get stalled for 5 years; the applicant did not want to get held up.
Q/C Individual from Stratford Place stated that he believes someone from Transportation Planning should
have attended the meeting to provide answers.
A: Mr. Sabo explained that the county is aware of the traffic issues in the area and that they are working
on finding solutions to improve conditions. He clarified that the request is not directly related to the
roadway and that modifying the transportation condition provides assurance that will help the owner sell
his property.
Q/C: Several attendees commented that they understood that but the primary reason for attending the
meeting was the roadway.
6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com
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Q/C: David S explained that he has been following the roadway issue for years and attended recent
meeting on this issue. He explained some of the options that have been evaluated by staff. He
commented about the timing of the roadway construction and the potential development of the subject
property. He is concerned that there will be a lot of truck traffic and that 120 extra cars (2 per the potential
60 units) could exacerbate the problem.
A: Mr. Vanasse mentioned that he wanted to clarify if his concern is related to the roadway or the project.
David S responded that he has no problem with any eventual development but really the time of the
development in relation to roadway improvements.
A: Mr. Vanasse explained that the Applicant was asking for a fair playing field and wanted to be treated
like other projects/properties in the county. He discussed the concurrency management system that
existed in 2006 versus the one that is in place today. He explained that per state statutes we have a “pay
and go” system that allows projects to move forward if they are willing to pay their fair share of needed
improvements. He explained that stipulating a 2021 date was an effort with to collaborate with the county
to wait for improvements to be in place but also provide assurance for the landowner.
Q/C: David S asked questions about the timing of proposed development of the property and reiterated
that while he does not have any qualms with the development of the property but that the timing of the
construction is an issue. He stated that he believes that the condition should not be modified, and that
Cos should not be provided until the roadway extension is constructed.
Q/C: several attendees asked to about Co’s.
A: Mr. Sabo explained that with the current condition, the owner of the property could begin
development/construction on the property but that certificates of occupancy could not be issued until
the roadway was built.
Q/C: Several individuals commented that they would really like to know when the construction of the
roadway improvements would begin.
A: Mr. Vanasse mentioned that he believes the county has plan in place, that the improvements are
funded and that constructions could begin shortly. He asked the public to verify this with staff and that
Transportation Planning can provide specifics.
Mr. Vanasse asked if there were any other questions related to the proposed rezone. He explained that
roadway questions should be directed to the right people at the county. He mentioned that additional
discussion about the roadway would be speculation and that he did not want to speak on the county’s
behalf.
Q/C David S.: Asked if preliminary plans for the property were for 60 units
A: Mr. Vanasse explained that the zoning allowed 6 units per acre or up to 60 units.
Q/C Strafford resident asked with the developer would have to put up a barrier.
6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com
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A: Mr. Vanasse explained that the eventual project would be subject to buffer requirements and would
have to go through the water management permitting in which they would manage their water and have
some berming on the perimeter.
Q/C some one from the public asked if a ball would be provided.
A: Mr. Vanasse answered that the code did not mandate a wall between residential projects and that
developers may do so at their discretion.
Q/C David S asked where the units would be in relation to the FPL easement.
A: Mr. Vanasse explained that the easement encumbered the southern portion of the property, that units
could not be built in the easement and that units would be located in the northern portion of the property.
No commitments were made during the meeting.
The meeting adjourned around 6:10 p.m.
Tropical Environmental Consultants, LLC.
www.TropicalEnvironmentalConsultants.com
Naples, Florida
239-455-6232
-INFORMAL WETLAND DELINEATION-
FIELD INSPECTION AND DATA REPORT
The below wetland survey was conducted per Florida Department of Environmental
Protection (Ch. 62-340 of the F.A.C.), and United States Army Corps of Engineers (1987
Wetland Delineation Manual-GACPRS) criteria. All findings and conclusions are informal
and non-binding until formally verified by all applicable agencies.
County/ Legal / Address (if assigned): Collier Lee Other
18 49 26 S1/2 of S1/2 of NW1/4 of SE1/4, 10 AC / 0 Whipporwill Ln
Parcel Tax ID: 00288040002
Acres: 9.79
Inspection Date: 2018 May 23
Client: NSMKM LLC
Authorized By: Nader Amini
Inspected for Wetlands by FDEP: Yes No Unknown
Wetland: 0 Acres 0 Percent Upland: 9.79 Acres 100 Percent
Wetland Quality: High Average Low N/A (upland)
Environmental Resource Permit (ERP) /
Dredge and Fill/ Nationwide Permit required:
State-FDEP/SFWMD Federal-USACOE
No wetland permit required- sufficient
uplands in which to build
No wetland permit required
Wetland jurisdiction undetermined
General Permit
less then 4000 sq. ft. fill/ isolated
no compensatory mitigation required
30 days to issuance
must meet criteria of F.A.C chapter 62
(not specifically verified for this project)
Nationwide 14 (Road crossing)
road less than 200' linear feet
compensatory mitigation typically not
required
6-12 months to issue (on average)
must meet current Nationwide criteria
in F.R. (not specifically verified for this
project)
Individual Permit
compensatory mitigation required
60 days to issuance
Nationwide 29 or 39
Under 0.5 ac. impact
compensatory mitigation typically
required for greater than 0.10 acres of
wetland impact
6-12 months to issue (on average)
Field Conditions – Wetland (State Criteria)
AGENCY LISTING FDEP 239-344-5600 USACE 239-334-1975 SFWMD 239-338-2929 REPORT MODEL 03-17
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Tropical Environmental Consultants, LLC.
www.TropicalEnvironmentalConsultants.com
Naples, Florida
239-455-6232
Not applicable; site is uplands.
Field Conditions – Wetland (Federal USACE Criteria)
Not applicable; site is uplands.
Field Conditions – Upland (State Criteria)
Dominant vegetation with estimated percent coverage:
Canopy Sub-canopy Ground
Pinus elliottii 20% 8% 2%
Sabal palmetto 5%
Serenoa repens 1%
*Acacia auriculiformis 30% 35%
Vitus spp.10%
Axonopus spp.30%
Spermococe prostrata 25%
Eupatorium capillifolium 3%
Andropogon virginicus 2%
Panicum repens 2%
Taxodium spp.2% 3%
Quercus laurifolia 1% 1% 1%
Pluchea odorata 2%
Eustachys petraea 2%
Spartina bakeri 2%
Hypericum brachyphyllum 1%
Cyperus ligularis 2%
Andropogon glomeratus 1%
Eragrostis spp.2%
Bidens alba 6%
Solidago stricta 1%
Ambrosia artemisifolia 2%
Coreopsis floridana 1%
Baccharis halimifolia 1%
AGENCY LISTING FDEP 239-344-5600 USACE 239-334-1975 SFWMD 239-338-2929 REPORT MODEL 03-17
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Tropical Environmental Consultants, LLC.
www.TropicalEnvironmentalConsultants.com
Naples, Florida
239-455-6232
Digitaria spp.5%
Sesbania spp.1%
Leucaena leucocephala 1%
Casuarina spp.1% 1%
Ficus benjamina 1%
*Schinus terebenthifolius 3% 5%
*Melaleuca quinquenervia 5% 1%
Exotic-nuisance vegetation (*)
Canopy Sub-canopy Ground stratum is the appropriate stratum.
USDA/NRCS Soils According to the USDA/NRCS 1990 soil map (1984-Lee),
hydric non-hydric soils are present. See property data sheet and delineation
map for a list of soils present on-site.
Hydric Soil Indicators: No Indicators Present No Soil Sample Taken
Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide
(A4) Stratified Layers (A5) Organic Bodies (A6) 5 cm Mucky Mineral (A7)
Muck Presence (A8) Depleted Below Dark Surface (A11) Thick Dark
Surface (A12) Sandy Mucky Mineral (S1) Sandy Gleyed Matrix (S4) Sandy
Redox (S5) Stripped Matrix (S6) Dark Surface (S7) Polyvalue Below
Surface (S8) Thin Dark Surface (S9) Loamy Gleyed Matrix (F2) Depleted
Matrix (F3) Depleted Below Dark Surface (F4) Thick Dark Surface (F5)
Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox depressions
(F8) Marl (F10) Umbric Surface (F13) Combo Soil Other (Explain)
Hydrology: Evidence of hydrology is absent OR Evidence of hydrology
includes Algal Mats Aquatic Mosses or Liverworts Aquatic Plants
Aufwuchs Drift Lines and Rafted Debris Elevated Lichen Lines Evidence
of Aquatic Animals or Fauna Hydrologic Data/Soils A1-A5, A7-A8, S4, F2
Morphological Plant Adaptations ( Living Active Cypress Pneumatophores
Expanded Lenticels Buttressed Bases Adventitious rooting) Secondary
Flow Channels Sediment Deposition Vegetated Tussocks Water Marks
Field Conditions – Upland (Federal USACE Criteria)
Vegetati on: see State description above.
USDA/NRCS Soils: see State description above.
AGENCY LISTING FDEP 239-344-5600 USACE 239-334-1975 SFWMD 239-338-2929 REPORT MODEL 03-17
Page 3 of 6
Option Button 933
Tropical Environmental Consultants, LLC.
www.TropicalEnvironmentalConsultants.com
Naples, Florida
239-455-6232
Hydric Soil Indicators: see State description above.
Hydrology: No evidence See State description above Historic (Explain)
PRIMARY INDICATORS Surface Water (A1) High Water Table (A2)
Saturation (A3) Water Marks(B1) Drift Deposits (B3) Algal Mat or Crust
(B4) Iron Deposits (B5) Inundation Visible on Aerial Imagery (B7) Water-
Stained Leaves (B9) Aquatic Fauna (B13) Marl Deposits (B15 LRRU)
Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres along Living Roots (C3)
Presence of Reduced Iron (c4) Recent Iron Reduction in Tilled Soils (C6)
Thin Muck Surface (C7) Other (Explain)
SECONDARY (minimum of two required) Surface Soil Cracks (B6)
Sparsely Vegetated Concave Surface (B8) Drainage Patters (B10) Moss Trim
Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8)
Saturation Visible on Aerial Imagery (C9) Geomorphic Position (D2) Shallow
Aquitard (D3) FAC-Neutral Test (D5) Sphagnum spp. Moss (D8- LRRT,U).
AGENCY LISTING FDEP 239-344-5600 USACE 239-334-1975 SFWMD 239-338-2929 REPORT MODEL 03-17
Page 4 of 6
Tropical Environmental Consultants, LLC.
www.TropicalEnvironmentalConsultants.com
Naples, Florida
239-455-6232
Additional Information
After conducting an informal wetland determination on the subject
property, TEC concludes sufficient uplands ARE ARE NOT present (see
map) in which to site all impacts and therefore wetland-related permits
WILL WILL NOT be required by the Florida Department of Environmental
Protection (FDEP) and/or the United States Army Corps of Engineers. A site plan
which depicts all proposed impacts (fill pad, septic, well, driveway, etc.) within the
upland area MAY MAY NOT be required by local county or city government.
This site MAY MAY NOT qualify for a reduction of the assessed value, and
therefore the taxable value, by local county property appraiser due to the
presence of wetlands on-site.
NOTE: Environmental resource permits (ERP) or approved variances ARE
ALWAYS required when impacting any portion of site wetlands. TEC’s findings
and conclusions are informal and non-binding until formally verified by State and
Federal agencies. For State verification please contact TEC, or the FDEP at
239-344-5600, or SFWMD at 239-338-2929. State (Florida Department of
Environmental Protection or South Florida Water Management District) and
Federal (United States Army Corps of Engineers or United States Department of
Environmental Protection).
TEC did not find evidence of State or Federal listed plant or animal species
during completion of the site visit. This does mean, however, that listed species
do not utilize the site and does not necessarily preclude the applicant from the
possible need for further species surveys following review of habitat data, federal
permitting procedures, or following a known or likely occurrence.
The project is located within the designated “Consultation Area” for several listed
species including the Florida bonneted bat (Eumops floridanus- Federal
Endangered). Local, State and Federal wildlife agencies prohibit unauthorized
“adverse impacts” to listed animal species. If a Federal agency permit is
required due to wetland impact, the potential for “adverse impacts” will be
considered by the U.S. Fish and Wildlife Service, and additional environmental
surveys may be required prior to issuance.
The subject property is located within the Greater Big Cypress Swamp
Watershed. A large percentage of this watershed was historically wetland,
providing a diverse number of functions including, but not limited to; aquifer
recharge, water purification and supply, flood control, carbon sinks, wildlife
habitat, recreation, and fire protection. Although wetlands still exist, man-made
drainage efforts stemming from the development of the region post 1900's have
AGENCY LISTING FDEP 239-344-5600 USACE 239-334-1975 SFWMD 239-338-2929 REPORT MODEL 03-17
Page 5 of 6
Tropical Environmental Consultants, LLC.
www.TropicalEnvironmentalConsultants.com
Naples, Florida
239-455-6232
severely reduced wetland extent and the associated beneficial functions of the
wetland habitat.
Special notes: This subject property is composed of poor quality uplands. The
most prominent non-native flora is the earleaf acacia. This is considered a Class
I Exotic by the Florida Exotic Pest Plant Council. There is no surface evidence of
the deposition of potentially toxic nor hazardous substances. There was a
structure at the terminus of the existing driveway within the northwest quadrant
that was removed between 1996 and 2002. It appears the parcel area outside of
the easement was mostly cleared between 2015-2016. The majority of the
vegetation onsite currently is ground cover earleaf acacia. There are isolated
cypress wetlands on the adjacent parcel to the north. The drop in elevation is
evident as a demarcation line.
There is a slightlv elevated road running through the utility easement west to east
within the southern portion of the parcel. The parcel is adjacent low-rise
multifamily residential developments to the north and south.
Environmental survey and report completed by:
Tim Steeves
Biologist/ Consultant
Tropical Environmental Consultants, LLC
3899 Mannix Drive
Suite 409
Naples Fl 34114
239-455-6232
"Finding balance between human use and the environment" since 1983
Jurisdictional Wetland Evaluations*Environmental Resource Permitting*Listed Species Surveys
Collier*Lee*Hendry*Charlotte
www.TropicalEnvironmentalConsultants.com
AGENCY LISTING FDEP 239-344-5600 USACE 239-334-1975 SFWMD 239-338-2929 REPORT MODEL 03-17
Page 6 of 6
Informal Wetland
Determination ID:
00288040002
Labels Drawing
Points Drawing
Lines Drawing
Polygons Drawing
Selected Custom Parcels
Streets MapWise
County Boundaries
Zoning Labels
Parcel Outlines
Copyright 2017 MapWise, Inc. All rights reserved. www.mapwise.com. This map is informational only. No representation is made or warranty given as to its content. User assumes
all risk of use. MapWise and its suppliers assume no responsibility for any losses resulting from such use.
Subject Study Area
Tropical Environmental Consultants, LLC.
(239) 455-6232
Naples, Florida
Wetland Per State and/or Federal wetland criteria
NOTE: The wetland area delineated on the map provided herein is approximate and
subject to verification by the appropriate local, state, and/or Federal agencies. Drainage
ditches, if present, are shown as linear features and are typically exempted from
permitting requirements.
'www.TropicalEnvironmentalConsultants.com
Copyright 2017 MapWise, Inc. All rights reserved. www.mapwise.com. This map is informational only. No representation is made or warranty given as to its
content. User assumes all risk of use. MapWise and its suppliers assume no responsibility for any losses resulting from such use.
Flood
Labels Drawing
Points Drawing
Lines Drawing
Polygons Drawing
Selected Custom Parcels
Streets MapWise
County Boundaries
Zoning Labels
Parcel Outlines
V - 100-year, wave action, BFE no
VE - 100-year, wave action, BFE yes
A - 100-year, BFE no
AE - 100-year, BFE yes
AH - 100-year, ponding, BFE yes
AO - 100-year, sheet flow, BFE yes
X500 - 500-year
D - Undetermined, possible hazard
ANI - Area Not Included
X - Outside any floodplains
Soils Boundaries
5/24/2018 Property Description
https://maps.mapwise.com/fmo2/property_info_main.php?pinid=00288040002&county=COLLIER&aggType=noagg&print=true&1/2
Owner and Property Description
Owner Name:
333 INVESTMENTS LAND TRUST
% BAY HARBOR RUG GALLERY 1100 CONCOURSE
Mailing Address:
1100 CONCOURSE
BAY HARBOR ISLAN FL 33154
Site Address:
FL
Subdivision:
County: COLLIER
Land Use Code: 99
Land Use Desc: Acreage not zoned agricultural
Land Use FDORCode:99
Land Use FDORDesc:Acreage not zoned agricultural
Zoning:
Acres: 9.79
PIN:00288040002
PIN2: 00288040002
ALTKEY: 000100 046 4B18
Last Data Update: 05/04/2018
Parcel Map
Building Summary
Actual Year Built:
Effect. Year Built:
Living SqFt:
Total SqFt:
Adjusted SqFt:
Beds:
Baths:
Stories:
Num. of Buildings:
2017 Certified Values
Land: $1,000,000
Land Agricultural: $0
Building: $0
Misc: $0
Just Value: $1,000,000
Assessed Value: $0
Legal Description (not official)
18 49 26 S1/2 OF S1/2 OF NW1/4 OF SE1/4, 10 AC
Recent Sales
Sale Date Book/Page Docnum Price Instrument Qualified
Vac. or
Impr.Grantor
2012-10-17 4850 / 1402 $162,500
2011-01-07 4641 / 0564 $100
2007-03-23 4201 / 2137 $3,982,500
2005-02-27 3741 / 4114 $875,000
Sunbiz Corporate Data
Title Name Address1 City State Zip
Code
5/24/2018 Property Description
https://maps.mapwise.com/fmo2/property_info_main.php?pinid=00288040002&county=COLLIER&aggType=noagg&print=true&2/2
Map Layer Stats
Soils
MUID Map Unit Name
Component
Name
Component
Pct Hydric Hydric
Grp
Percent
of Total Acres
2 HOLOPAW FINE SAND,
LIMESTONE SUBSTRATUM HOLOPAW 90 YES A/D 15.7 1.54
3 MALABAR FINE SAND MALABAR 90 YES A/D 84.2 8.25
TOTAL ACRES 9.79
Land Cover 2014 (includes wetlands)
LUCODE Description WMD YEAR
Percent ofTotal Acres
1330 High Density, Multiple Dwelling Units, Low Rise SFWMD 2008-2009 6 0.62
4110 Pine Flatwoods SFWMD 2008-2009 52 5.11
6250 Hydric Pine Flatwoods SFWMD 2008-
2009 0 0
6410 Freshwater Marshes SFWMD 2008-
2009 41 4.06
TOTAL ACRES 9.79
Future Land Use
FLU Code Description Jurisdiction County
Percentof Total Acres
ResidentialDensity
Bands
UNINCORPORATED COLLIER 100.1 9.8
Urban
ResidentialSubdistrict UNINCORPORATED COLLIER 100.1 9.8
TOTAL ACRES 9.79
City Limits
City name County Percent of Total Acres
TOTAL ACRES 9.79
Census Demographics
Census Tract
12021010405
K:\2018\180116.00.01 Whippoorwill Lane Property - Rezone Amendment\0002 Rezone Amendment Application Preparation\PUD
Rezone - Submittal 1 Working Docs\Letter of No impact in lieu of TIS.docx
Page 1
6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597 -0575 | Fax (239) 597-0578
www.consult-rwa.com
LETTER OF NO IMPACT
IN LIEU OF TIS
As discussed in the pre-application meeting dated 3/4/2019, this Letter of No Impact is provided in lieu
of a TIS.
This petition is to rezone the Cayo Whippoorwill property from RMF-6 with conditions to RMF-6 with
revised conditions. The subject property consists of ±10 acres located at 1450 Whippoorwill Lane.
The subject property was rezoned from Agricultural (A) to Residential Multi -family 6 (RMF-6) in 2006
and transportation impacts were evaluated at that time.
This rezone is only requesting to remove two of the four conditions contained in the approved Cayo
Whippoorwill Ordinance No 06-61 - the zoning district and allowed residential density will remain
unchanged. Potential trips and traffic impacts will also remain unchanged. A TIS is therefore not
needed as part of this petition. It is understood that a TIS will be needed at time of PPL or SDP.
Pre-App PL20190000479 - Cayo Whippoorwill (RZ) – xxxxx, agent; James Sabo, planner. (Sue
also attended and noted for) CORBY
Monday, March 04, 2019 9:00 AM-10:00 AM. Conf. Rm. C.
Requested by: Patrick Vanesse from RWA.
Phone: xxxxx; Email: xxx
Representing: XXXXX [per PAO GIS, owner: 333 Investments Land Trust]
Folio #: 00288040002; Zoning: RMF-6 with conditions
Location: E. side of Whippoorwill Lane, 2/3 mile S. of Pine Ridge Rd. (CR 896), in 18-49-26
Project Description: Amend the “straight” zoning rezone ordinance #06-61 to remove or
modify conditions of approval (ord. has 4 conditions - 2 transportation, 1 environmental, 1
affordable housing trust fund contribution). [per PAO GIS, 10 acs.]
Existing Application Name: xxx (site is undeveloped)
POST PRE-APP COMMENTS: The FLUM designation is Urban Residential Subdistrict and
within Residential Density Band.
The 10-acre project is already approved for a multi-family (only) housing development. The
original straight rezone for this site actually imposed/added conditions.
The applicant wants to amend the rezone ordinance to remove Conditions #1 and #3
above. Ray Bellows explained that:
• a PMC (minor change) could be done for #3, re: Certificates of Occupancy.
• #1, re: affordable housing would still need to be amended with a rezone.
The applicant will keep Conditions #2 and #4. They intend to be submitting in about a
month.
No apparent Comp Planning issues.
Agent reminded to address:
• Compliance with the FLUE/FLUM (Urban Residential Subdistrict and within Residential
Density Band);
• Compliance with FLUE Objective 5 and its applicable policies, esp. s/s 5.3, 5.6 (GMP
consistency clause; LDC compatibility & complementary clause); and,
• Compliance with FLUE Objective 7 and its applicable policies 7.1 through 7.4 (Toward
Better Places – Community Character Plan).
G:\CDES Planning Services\Comprehensive\PRE-APP. meeting notes\pre-app docs¬es 2019\Pre-App PL20190000479 Cayo
Whippoorwill mtg notes_drft.docx
4/23/2019 Detail by Entity Name
search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=BAYHARBORRU…1/2
Department of State / Division of Corporations / Search Records / Detail By Document Number /
Document Number
FEI/EIN Number
Date Filed
Effective Date
State
Status
Last Event
Event Date Filed
Event Effective Date
Detail by Entity Name
Florida Limited Liability Company
BAY HARBOR RUG GALLERY LLC
Filing Information
L12000038182
45-4880770
03/19/2012
03/19/2012
FL
ACTIVE
LC AMENDMENT AND NAME
CHANGE
10/05/2012
NONE
Principal Address
1100 KANE CONCOURSE
BAY HARBOR ISLANDS, FL 33154
Mailing Address
1100 KANE CONCOURSE
BAY HARBOR ISLANDS, FL 33154
Registered Agent Name & Address
AMINI, ALIREZA
1100 KANE CONCOURSE BAY
BAY HARBOR ISLANDS, FL 33154
Name Changed: 10/05/2012
Authorized Person(s) Detail
Name & Address
Title MGR
AMINI, ALIREZA
1100 KANE CONCOURSE
BAY HARBOR ISLANDS, FL 33154
Title MGR
AMINI, ALIREZA
D IVISION OF C ORPORATIONSFlorida Department of State
4/23/2019 Detail by Entity Name
search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=BAYHARBORRU…2/2
1100 KANE CONCOURSE
BAY HARBOR ISLANDS, FL 33154
Title Manager
Amini Moghaddam, Mina
1100 KANE CONCOURSE
BAY HARBOR ISLANDS, FL 33154
Annual Reports
Report Year Filed Date
2017 01/24/2017
2018 04/05/2018
2019 04/10/2019
Document Images
04/10/2019 -- ANNUAL REPORT View image in PDF format
04/05/2018 -- ANNUAL REPORT View image in PDF format
01/24/2017 -- ANNUAL REPORT View image in PDF format
03/08/2016 -- ANNUAL REPORT View image in PDF format
04/27/2015 -- ANNUAL REPORT View image in PDF format
04/01/2014 -- ANNUAL REPORT View image in PDF format
04/24/2013 -- ANNUAL REPORT View image in PDF format
10/05/2012 -- LC Amendment and Name Change View image in PDF format
03/19/2012 -- Florida Limited Liability View image in PDF format
Florida Department of State, Division of Corporations
Page 1
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K:\2018\180116.00.01 Whippoorwill Lane Property - Rezone Amendment\0003 Rezone Amendment Support\Working Docs - Submittal #2\Response to Comments Letter.docx
July 23, 2019
Intake Department
Growth Management Division
2800 North Horseshoe Drive
Naples, FL 34104
Subject: Cayo Whippoorwill (PL#: 20190000479) - Submittal 2
Rezone Application
RWA PN: 180116.00.01
Dear Intake Team:
Please accept this letter in response to your insufficiency letter dated July 8, 2019 for the above
subject project. This letter outlines responses to each comment including stipulations. Please
find the following list of information and materials that are being submitted electronically:
The following items are being submitted via City View for your review and approval:
00. Response to Comments Letter
01. Revised Affidavit of Authorization
02. Revised Application Form
03. Revised CU Conditions – Clean Version
04. Revised CU Conditions – Strike Trough and Underline Version
05. Revised Property Ownership Disclosure Form
06. Survey Exhibit Per James Sabo
Rejected Review: Environmental Review - Reviewed By: Craig Brown
Correction Comment 1:
This is a note that an updated listed species survey will be required with the submittal of the first
Development order; the updated survey should include Bonneted Bat and Black Bear evaluations
for the proposed project.
Response: Acknowledged
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6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597 -0575 | Fax (239) 597-0578
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Rejected Review: Transportation Planning Review - Reviewed By: Michael Sawyer
Correction Comment 1:
Developer commitments made as a condition of zoning are not adequately addressed
Rev.1: Regarding the proposed removal of the current Developer Commitment 3. Staff
understands the request; however, this is an original commitment agreed to at time of the CU
approval and the adjacent roadway and network capacities (specifically Pine Ridge Road) have
not changed. Transportation staff suggests that the condition be modified to reflect the current
projected completion date for the Whippoorwill Lane to Livingston Road connection; or the
completion of same if earlier, whichever occurs first. This modification needs to be reviewed by
CAO and incorporated into the rezone request commitments.
Response: Per email communication with Trinity Scott and other Transportation Planning staff,
the Applicant is willing to accept a modification to Developer Commitment 3, rather than it’s
deletion. As proposed by staff, the commitment would read as follows: “Certificates of
occupancy shall not be issued until the roadway connection between Whippoorwill Lane and
Marbella Lakes Drive is fully operational or September 1, 2021, whichever is sooner.”
Rejected Review: Zoning Review - Reviewed By: C. James Sabo, AICP
Correction Comment 1:
The printed name on the Affidavit of Authorization is not legible. Please correct the Affidavit form
to clearly detail the owner of the property and the authorization provided to RWA.
Response: A legible copy is attached.
Correction Comment 2:
Page 2 of the application states that the proposed use of the property is "residential as permitted
by RFM-6" It is likely a typo error, but it should be corrected to state RMF -6, which is Residential
Multiple-Family uses.
Response: Corrected accordingly.
Correction Comment 3:
For registered homeowner associations, the application form list includes Stratford Place.
However, Arlington Lakes Association is registered and was not included on the homeowner
association list. Please be sure to include all homeowner associations, including associations that
represent Whippoorwill Pines, Balmoral, and Whippoorwill Lakes. These homeowner
associations may not be registered with the County, but there are associations that represent
those communities.
Response: Per coordination with James Sabo on July 23, 2019, we confirmed that the Rezone
Application requires a list of all the HOA’s that are registered and identified under the BOCC’s
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6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597 -0575 | Fax (239) 597-0578
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website link http://www.colliergov.net/index.aspx?page=744. The website identifies Stratford
Place Property Owners Association as the only registered HOA surrounding the property.
During the Public Hearing process, we will send notifications to the surrounding Property
Owners, which will include any non-registered HOA’s.
Correction Comment 4:
The Statement of Utility Provisions was not completed. Please complete the application page.
The application specifically requests elimination of conditions related to certificates of
occupancy.
Response: See revised application form. The Statement of Utility Provisions has been filled out.
This property has a “straight zoning” designation of RMF-6 and the eventual unit count has not
yet been determined but will be addressed at Plat or SDP phase, similar to other RMF-6 zoned
projects. It should be noted that per coordination with Transportation Planning staff, Dev.
Commitment #3 related to certificates of occupancy will remain but will be revised to include a
time limit for which this condition will apply.
Correction Comment 5:
The Property Ownership Disclosure is not correct. The property is 333 Investments Land Trust.
The Property Ownership Disclosure form lists "33" Investments Land Trust. Please correct the
Property Ownership form.
Response: Revised accordingly.
Correction Comment 6:
The survey document provided was not signed or sealed. Please provide a sealed and signed
survey for the proposed rezone project.
Response: Signed and sealed survey provided.
Rejected Review: County Attorney Review - Reviewed By: Sally Ashkar
Correction Comment 1:
Miscellaneous Corrections: The property ownership disclosure form appears to have a typo. I
believe it should say 333 Investments Land Trust, but please advise of corporate breakdown if
not a typo.
Response: Revised accordingly.
GENERAL COMMENTS: C. James Sabo, AICP, Principal Planner
1. Additional comments or stipulations may be forthcoming once a sufficient application has
been submitted for review. This correspondence should not be construed as a position of
support or non-support for any issues within the petition. Staff will analyze the petition and
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6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597 -0575 | Fax (239) 597-0578
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the recommendation will be contained in the staff report prepared for the Collier County
Planning Commission(CCPC) or Hearing Examiner(Hex).
Response: Acknowledged.
2. Please be advised that pursuant to the LDC, an application can be considered closed if there
has been no activity on the application for a period of six (6) months. That six months period
will be calculated from the date of this letter.
Response: Acknowledged.
3. Please ensure that all members of your review team that may testify before the Hex/CCPC
and the Board of County Commissioners (BCC) are registered as lobbyists with the county
pursuant to the regulations regarding that issue.
Response: Acknowledged.
4. When addressing review comments, please provide a cover letter outlining your response to
each comment. Include a response to all comments.
Response: Acknowledged.
5. Please put revised dates on all exhibits and in the title block of the Site Plan. The PUD
document should include a footer that reflects the project name, petition number, date and
page X of Y for the entire document. Documents without this information will be rejected.
Response: Acknowledged.
6. A partial resubmittal cannot be accepted; please do not resubmit until you can respond to
ALL review comments.
Response: Acknowledged.
7. Public hearings cannot be held until the Neighborhood Information criteria has been met. In
some petition types a Neighborhood Information Meeting (NIM) must be held while other
petition types only require the agent to send a letter. All letters and ads must be pre -
approved by the county planner. For additional information about the process please contact
me. Please note that the NIM must be held at least 15 days prior to the first hearing. As you
prepare for that meeting, please be aware of the following items:
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6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597 -0575 | Fax (239) 597-0578
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a. Please provide the required affidavit and its attachments prior to the meeting (in
compliance with the LDC); and
b. Please post signs to direct attendees to the exact meeting location; and
c. Please ensure that there is sound amplification equipment available an d working for this
meeting. If there is no permanent equipment, please bring a tested/working portable
microphone; and
d. You must provide a written synopsis of the meeting that includes a list of all questions
and answers as well as providing the audio/video tape; and
e. Please prepare documents for hand out to all NIM attendees and the public hearing file,
that show the differences in the uses that would be allowed in the existing and proposed
zoning districts. This request is based upon recent CCPC direction.
Response: Acknowledged.
8. Note the adopted fee schedule requires payment of additional fees for petitions that
require more than four resubmittals; please contact the appropriate staff and resolve
issues to avoid this fee.
Response: Acknowledged.
We look forward to your review and are available to answer questions related to this application.
Sincerely,
RWA, Inc.
Patrick Vanasse, AICP
Director of Community Development
cc:
RWA File: 180116.00.01
AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S) _____________________________________________________________
I, _________________________________ (print name), as _______________________________ (title, if
applicable) of ______________________________________________ (company, If applicable), swear or affirm
under oath, that I am the (choose one) owner ____ applicant ___ contract purchaser ___ and that:
1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on
the referenced property as a result of any action approved by the County in accordance with this
application and the Land Development Code;
2. All answers to the questions in this application and any sketches, data or other supplementary matter
attached hereto and made a part of this application are honest and true;
3. I have authorized the staff of Collier County to enter upon the property during normal working hours
for the purpose of investigating and evaluating the request made through this application; and that
4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and
restrictions imposed by the approved action.
5. We/I authorize___________________________________________ to act as our/my representative
in any matters regarding this petition including 1 through 2 above.
*Notes:
•If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres.
•If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should
typically be signed by the Company’s “Managing Member.”
•If the applicant is a partnership, then typically a partner can sign on behalf of the partnership.
•If the applicant is a limited partnership, then the general partner must sign and be identified as the “general
partner” of the named partnership.
•If the applicant is a trust, then they must include the trustee’s name and the words “as trustee”.
•In each instance, first determine the applicant’s status, e.g., individual, corporate, trust, partnership, and then
use the appropriate format for that ownership.
Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that
the facts stated in it are true.
Signature Date
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was sworn to (or affirmed) and subscribed before me on (date) by
(name of person providing oath or affirmation), as
____________________________ who is personally known to me or who has produced
(type of identification) as identification.
STAMP/SEAL Signature of Notary Public
CP\08-COA-00115\155
REV 3/24/14
PL20190000479
333 Investments Land Trust
RWA, Inc.
✔
Alireza Amini Owner
17.D.6
Packet Pg. 3515 Attachment: Legal Ad - Agenda ID 10770 (10770 : RZ PL20190000479 Cayo Whippoorwill)