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Agenda 07/14/2020 Item # 9A (Ventana Pointe Residential Overlay)07/14/2020 EXECUTIVE SUMMARY Recommendation not to approve an Ordinance for a single Petition from the 2018 Cycle Three of Growth Management Plan Amendments for an Amendment to the Future Land Use Element to Establish the Ventana Pointe Residential Overlay and not to Transmit to the Florida Department of Economic Opportunity. [PL20180002668/CP-2018-7] (Adoption Hearing) OBJECTIVE: For the Board of County Commissioners (Board) not to approve (deny) a single petition from the 2018 Cycle Three of amendments to the Collier County Growth Management Plan (GMP) and not transmit to the Florida Department of Economic Opportunity and other statutorily required review agencies. CONSIDERATIONS: The GMP amendment requested is specific to a 37.62±-acre property, located on the south side of Immokalee Road, along the west side of Richards Street, and along the north side of Sundance Street, approximately 1.9 miles east of Collier Boulevard (CR 951), in Section 25, Township 48 South, Range 26 East (Rural Estates Planning Community). The property is zoned A-RFMUO, Rural Agriculture District and Rural Fringe Mixed Use Overlay Receiving Lands and is undeveloped and wooded. This petition seeks to amend the GMP, adopted by Ordinance No. 89-05, as amended, specifically amending the FLUE by adding a new Overlay in the Rural Fringe Mixed Use District (RFMUD) Receiving Lands, revising the Future Land Use Map to depict the new Overlay, and adding a new Future Land Use Map Series inset map that depicts the new Overlay. The new residential ov erlay will: allow a maximum residential density of 2.05 dwelling units per acre (DU/A) yielding 77 DUs (whereas the site is presently limited to 1 DU/5 acres or 7 DUs); utilize Transfer of Development Rights Credits (TDRs) for this property that would otherwise be ineligible due to being less than the minimum 40 acres required in the RFMUD; and, provide for a bonus DU for each TDR redeemed, a 2 for 1 allowance (this is a unique provision that would apply to this site only and exists nowhere else in the RFMUD). FINDINGS AND CONCLUSIONS: Based on the review of this petition, including the supporting data and analysis, staff made the following findings and conclusions. More analysis is provided in the Transmittal CCPC Staff Report. • The subject site and all immediately surrounding lands are designated Rural Fringe Mixed Use District Receiving Lands. • The Urban designated area lies 0.9 miles to the west. • Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum density of 1 DU/5 Acres (0.2 DU/A) ‒ or up to 1 DU/A via use of TDRs if >40 acres in size; agricultural uses; essential services; institutional uses by conditional use (e.g. day care center, ALF, church). In staff’s view, this site is an island and does not provide a transition; only lands 0.9 miles to the west allow a density greater than 1 DU/A. • The requested density of 2 DU/A is out of character with the RFMUD Receiving Lands in which the site is located. • This petition proposes to allow 77 dwelling units (2.05 DU/A) with the net effect being a tenfold increase of 70 DUs (added to the allowed base density of 7 DUs). Density is achieved via use of 9.A Packet Pg. 86 07/14/2020 TDRs and a “buy one get one free” density allowance, a new GMP provision that would be unique to this site only - it would not apply to any other RFMUD lands. The result is that 35 DUs would be “gifted” from the County to the petitioner for the purchase of 35 TDRs by the petitioner. • The subject parcel was previously less than 40 acres in size prior to the Immokalee Road widening. The owner was compensated for the land taken for that road. • The subject site fronts Immokalee Road (CR 846), a 6-lane divided major arterial roadway; County water and wastewater services are available to the site. • There are no issues or concerns regarding LOS impacts upon public infrastructure. • There are no issues or concerns regarding impacts upon natural (environmental) resources or historical/archaeological resources. • People attending the Neighborhood Information Meeting expressed opposition to the proposed intensity and density that would be allowed by this Overlay and the companion PUD project (though no one spoke at CCPC meetings). • The CCPC held its Transmittal Hearing on September 5, 2019. One public speaker addressed the CCPC regarding this amendment at the CCPC meeting; that person did not express support or opposition but requested the same new proposed regulations apply to his property. The petitioner team committed to the CCPC that this development would provide only single-family detached residences. The CCPC voted [6/0] to forward the petition to the Board, with a recommendation to transmit to the Florida Department of Economic Opportunity and other statutorily required review agencies. • The Board held its Transmittal Hearing on April 14, 2020. The Board voted [4/1] to transmit the petition to DEO subject to the applicant having contractual arrangements for TDRs with small property owners prior to adoption. • DEO, the Florida Department of Environmental Protection, the South Florida Water Management District, and Florida Fish and Wildlife Conservation Commission staff reviewed the petition, found no adverse impacts and had no objections. • A companion PUD rezone petition is scheduled for this same adoption hearing. FISCAL IMPACT: Petition fees account for staff review time and materials, and for the costs of associated legal advertising and public notice for the public hearings. Therefore, no fiscal impacts to the County result from the adoption of this amendment. GROWTH MANAGEMENT IMPACT: This public hearing is to consider approval (adoption) of the single, previously transmitted Growth Management Plan amendment petition. This GMP amendment is presumed to be “in compliance” with applicable Florida Statutes. If adopted, the DEO and other applicable review agencies will have (30) thirty days (from the date DEO determines the adoption package is complete) to review the adopted Plan amendment; and, should they believe the amendment is not “in compliance”, to file a challenge [appeal] to the presumed “in compliance” determination with the State of Florida Division of Administrative Hearings (DOAH). Similarly, any affected party also has (30) thirty days (from the date of BCC adoption) in which to file a challenge. 9.A Packet Pg. 87 07/14/2020 If a timely challenge is not filed by the DEO, a review agency or an affected party, then the amendment will become effective. LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following criteria in making its decision: “plan amendments shall be based on relevant and appropriate data and an analysis by the local government that may include but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue.” 163.3177(1)(f), FS. In addition, s. 163.3177(6)(a)2, FS provides that FLUE plan amendments shall be based on surveys, studies and data regarding the area, as applicable including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of non-conforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The need to modify land uses and development patterns with antiquated subdivisions. i. The discouragement of urban sprawl. j. The need for job creation, capital investment and economic development that will strengthen and diversify the community’s economy. And FLUE map amendments shall also be based upon the following analysis per Section 163.3177(6)(a)8.: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. This item is approved as to form and legality. It requires an affirmative vote of four for approval because this is an Adoption hearing of the GMP amendment. [HFAC] STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the Collier County Planning Commission forward Petition PL20180002668/CP-2018-7 to the Board of County Commissioners with a recommendation not to approve for transmittal to the Florida Department of Economic Opportunity and other statutorily required agencies. However, if, and only if, the CCPC forwards the petition with a recommendation to approve, staff recommends the density be reduced to 1 9.A Packet Pg. 88 07/14/2020 DU/A (37 DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the site for Immokalee Road widening) - as reflected in the staff report. COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their June 16, 2020 meeting and voted [5/0] to forward the petition to the Board with a recommendation to approve and transmit to the Florida Department of Economic Opportunity and other statutorily required review agencies. STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: That the Board not approve petition PL20180002668/CP-2018-7 for Adoption as this request would have some impact to overall calibration of TDRs from Sending to Receiving Areas. However, if the Board is inclined to approve this petition, staff recommends the Board consider directing staff to award 2 dwelling units to non-village development in the upcoming Restudy-based GMP amendments and recalibrate the TDRs accordingly. Prepared by: Corby Schmidt, AICP, Principal Planner, Comprehensive Planning Section ATTACHMENT(S) 1. Adoption Staff Report_CP-18-7_cddw-FNL (PDF) 2. Ordinance - 061720_rev (002) (PDF) 3. [Linked] Petition-Application-VPRO (PDF) 4. Trans_Ex_Summary_18-7_rev_FNL (PDF) 5. Trans_Staff Report_CP-18-7dw-hac_FNL (PDF) 6. Trans_Resolution 2019-206 (PDF) 7. BCC Affidavit & Advertisement 11590 & 12022 (PDF) 9.A Packet Pg. 89 07/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Doc ID: 12022 Item Summary: Recommendation not to approve an Ordinance for a single Petition from the 2018 Cycle Three of Growth Management Plan Amendments for an Amendment Proposed to the Future Land Use Element to Establish the Ventana Pointe Residential Overlay and not to approve for Transmittal to the Florida Department of Economic Opportunity for Review and Comments Response. [PL20180002668/CP-2018-7] (Adoption Hearing) (Companion to Item 9B) Meeting Date: 07/14/2020 Prepared by: Title: Planner, Senior – Zoning Name: Marcia R Kendall 03/13/2020 2:28 PM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 03/13/2020 2:28 PM Approved By: Review: Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 03/13/2020 2:40 PM Zoning Anita Jenkins Additional Reviewer Completed 03/18/2020 5:02 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 06/24/2020 3:22 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 06/25/2020 9:09 AM Growth Management Department James C French Deputy Department Head Review Completed 06/26/2020 3:58 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/29/2020 8:12 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/29/2020 8:40 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/29/2020 9:28 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/06/2020 9:06 AM Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM 9.A Packet Pg. 90 ‒ 1 ‒ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT/ZONING DIVISION COMPREHENSIVE PLANNING SECTION HEARING DATE: March 5, 2020 SUBJECT: PETITION PL20180002668/CP-2018-7, CYCLE 3 GROWTH MANAGEMENT PLAN AMENDMENT [A D O P T I O N H E A R I N G ] (Companion to PUDR-PL20180002669) ELEMENT: FUTURE LAND USE PROPOSED AMENDMENT Petition PL20180002668/CP-2018-7 is a large-scale Comprehensive Plan amendment specifically amending the Future Land Use Element (FLUE) by adding a new Overlay in the Rural Fringe Mixed Use District (RFMUD) Receiving Lands, revising the Future Land Use Map to depict the new Overlay, and adding a new Future Land Use Map Series inset map depict ing the new Overlay. The new residential overlay will: allow a maximum residential density of 2.05 dwelling units per acre (DU/A) yielding 77 DUs (whereas the site is presently limited to 1 DU/5 acres or 7 DUs); utilize Transfer of Development Rights Credits (TDRs) for this property that would otherwise be ineligible due to being less than the minimum 40 acres required in the RFMUD; provide for bonus TDRs for native vegetation retention beyond that required in the RFMUD (a modified version of an existing provision in the RFMUD); and, provide for a bonus DU for each TDR redeemed, a 2 for 1 allowance (this is a unique provision that would apply to this site only and exists nowhere else in the RFMUD). The subject property, comprising ±37.62 acres, is currently zoned A-RFMUO, Rural Agriculture and Rural Fringe Mixed Use Overlay Receiving Lands, and is located on the south side of Immokalee Road, along the west side of Richards Street, and along the north side of Sundance Street, approximately two miles east of Collier Boulevard (CR 951), in Section 25, Township 48 South, Range 26 East. Note: A companion PUD rezone petition is scheduled for this same hearing. Transmittal hearings on the amendment were held on September 5, 2019 (CCPC, Collier County Planning Commission) and on October 22, 2019 (Collier County Board of County Commissioners). The Transmittal recommendations/actions are presented further below. Within CCPC materials provided, you will find the Transmittal Executive Summary from the Board hearing, and the Transmittal CCPC staff report for the petition, which provides staff’s detailed analysis of the petition. In accordance with Chapter 163.3184(3)(b)1., F.S., pertaining to the Expedited State Review Process, this Transmittal package was provided to the Florida Department of Economic Opportunity (DEO) and other reviewing agencies on October 28, 2019. 9.A.a Packet Pg. 91 Attachment: Adoption Staff Report_CP-18-7_cddw-FNL (12022 : Ventana Pointe Residential Overlay) ‒ 2 ‒ REVIEW AGENCY COMMENT LETTERS After review of the Transmitted amendment within each reviewing agency’s authorized scope of review, the DEO [who assigned review no. 19-05ESR], as well as the Florida Department of Environmental Protection (DEP), Florida Fish and Wildlife Conservation Commission, and South Florida Water Management District (SFWMD) rendered their comment letters indicating “no comment” or “no adverse impacts found” or the agency did not respond. The Comments Letters received are located within materials provided to the CCPC. The remaining reviewing agencies did not provide a Comment Letter. Within CCPC materials provided is an Ordinance with Exhibit “A” text and maps for the petition; this exhibit reflects the text and maps as approved by the Board for Transmittal. TRANSMITTAL STAFF RECOMMENDATION: Not to Transmit to DEO. However, if, and only if, the CCPC forwards the petition with a recommendation to approve, staff recommended the density be reduced to 1 DU/A (37 DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the site for Immokalee Road widening that resulted in the remaining parcel comprising less than the 40-acre minimum otherwise required for receiving TDR credits). CCPC RECOMMENDATION: Transmit to DEO (vote: 6/0). The petitioner team committed to the CCPC that this development would provide only single-family detached residences. BOARD ACTION: Transmitted to DEO (vote: 4/1), per CCPC recommendation, Commissioner Taylor opposed. ADOPTION There have been no revisions from the version Transmitted. STAFF RECOMMENDATION That the CCPC forward the single, 2018 Cycle 3 petition to the Board with a recommendation not to adopt and transmit to the Florida Department of Economic Opportunity and review agencies that provided comments. As stated in the staff report to the CCPC at Transmittal, staff recommends denial for the following reasons: • The subject site and surrounding lands are designated Rural Fringe Mixed Use District Receiving Lands; the Urban designated area is 0.9 miles to the west. There is no transition provided from lower to higher density and/or use intensity. • This petition proposes to allow 77 dwelling units (2 DU/A) with the net effect being an increase of 70 DUs. Density is achieved via use of TDRs and a “buy one get one free” density allowance that would be unique to the subject property. This provision would apply to no other Receiving Lands. • Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum density of 1 DU/5 Acres (0.2 DU/A) - or up to 1 DU/A via use of TDRs if >40 acres in size; agricultural uses; essential services; institutional uses by conditional use (e.g. day care center, ALF, church). The requested density of 2 DU/A is out of character with the RFMUD Receiving Lands in which the site is located. • The subject parcel was previously >40 acres prior to Immokalee Road widening. The owner was compensated for the land taken for that road. 9.A.a Packet Pg. 92 Attachment: Adoption Staff Report_CP-18-7_cddw-FNL (12022 : Ventana Pointe Residential Overlay) ‒ 3 ‒ • People attending the Neighborhood Information Meeting expressed opposition to the proposed intensity and density of this Overlay and the companion PUD project. Additionally, the petitioner team committed to the CCPC in their September 2019 transmittal hearing, that this development would provide only single-family detached residences ‒ and Overlay provisions were revised to reflect this. With this revision, the development would no longer meet the intent of FLUE Policy 7.4 which encourages new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [emphasis added] LEGAL REVIEW This Staff Report was reviewed by the County Attorney’s Office on _________ , 2020. The criteria for GMP amendments to the Future Land Use Element and Map Series are in Sections 163.3177(1)(f) and 163.3177(6)(a)2 and 163.3177(6)(a)8, Florida Statutes. [HFAC] [Remainder of page intentionally left blank] 9.A.a Packet Pg. 93 Attachment: Adoption Staff Report_CP-18-7_cddw-FNL (12022 : Ventana Pointe Residential Overlay) ‒ 4 ‒ Petition Number: PL20180002668/CP-2018-7 Staff Report for March 5, 2020 CPCC meeting. NOTE: This petition has been tentatively scheduled for the April 14, 2020 BCC meeting. G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2018 Cycles & Smalls\2018 Cycle 3 - October\CP-18-7 RFMUD VP Rsdntl Overlay\CCPC\CP-18-7 CCPC Adptn stff rprt_csdwFNL.docx 9.A.a Packet Pg. 94 Attachment: Adoption Staff Report_CP-18-7_cddw-FNL (12022 : Ventana Pointe Residential Overlay) [18-CMP-01041/1548328/1]181 18-CMP-01000 PL20180002668 / Ventana GMPA 4/ 6/17/20_rev Words underlined are additions; Words struck through are deletions. *** *** *** *** are a break in text Page 1 of 3 ORDINANCE NO. 20- _______ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES TO ADD THE VENTANA POINTE RESIDENTIAL OVERLAY, TO ALLOW A MAXIMUM DENSITY OF 77 DWELLING UNITS THROUGH A BASE DENSITY OF .2 DWELLING UNITS PER ACRE PLUS DENSITY BONUSES FOR NATIVE VEGETATION AND TRANSFER OF DEVELOPMENT RIGHTS FOR A TOTAL MAXIMUM DENSITY OF APPROXIMATELY 2 DWELLING UNITS PER ACRE, FOR PROPERTY WITHIN THE RURAL FRINGE MIXED USE DISTRICT-RECEIVING LANDS, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY TWO MILES EAST OF COLLIER BOULEVARD, IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.62± ACRES. [PL20180002668] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, RJH II, LLC, requested an amendment to the Future Land Use Element and Map Series; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on November 4, 2019, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Future Land Use Element to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and 9.A.b Packet Pg. 95 Attachment: Ordinance - 061720_rev (002) (12022 : Ventana Pointe Residential Overlay) [18-CMP-01041/1548328/1]181 18-CMP-01000 PL20180002668 / Ventana GMPA 4/ 6/17/20_rev Words underlined are additions; Words struck through are deletions. *** *** *** *** are a break in text Page 2 of 3 WHEREAS, Collier County, has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents, testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on March 5, 2020, and the Collier County Board of County Commissioners held on July 14, 2020; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendments to the Future Land Use Element and Future Land Use Map and Map Series attached hereto as Exhibit “A” and incorporated herein by reference, are hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. 9.A.b Packet Pg. 96 Attachment: Ordinance - 061720_rev (002) (12022 : Ventana Pointe Residential Overlay) [18-CMP-01041/1548328/1]181 18-CMP-01000 PL20180002668 / Ventana GMPA 4/ 6/17/20_rev Words underlined are additions; Words struck through are deletions. *** *** *** *** are a break in text Page 3 of 3 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _____ day of _______________________ 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA __________________________ BY: ______________________________ Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: ________________________________ Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A – Text and Map HFAC 6-17-20 9.A.b Packet Pg. 97 Attachment: Ordinance - 061720_rev (002) (12022 : Ventana Pointe Residential Overlay) PL20180002668/CP-20J 8-7 EXHIBIT A FUTURE LAND USE ELEMENT II. IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES "” “*“ *”” ““* text break "“ "* "” "* Policy 1.9: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. Ventana Pointe Residential Overlay C. D. Natural Resource Protection Area Overlays D. E. Rural Lands Stewardship Area Overlay E. F. Airport Noise Area Overlay F. G. Bayshore/Gateway Triangle Redevelopment Overlay G. H. Urban-Rural Fringe Transition Zone Overlay H. I. Coastal High Hazard Area Boundary I. J. Incorporated Areas “* "” "* "” text break "* ““ ”" ““ V. OVERLAYS AND SPECIAL FEATURES A. Area of Critical State Concern “* "* “* ““ text break "* *" *" “" B. North Belle Meade Overlay “” ““ ““ ““ text break “* *“ ““ ““ C. Ventana Pointe Residential Overlay 1. Ventana Pointe Residential Overlay [Page 9] [Page 97] a The Ventana Pointe Residential Overlay is located on the south side of Immokalee Road approximately two (2) miles east of Collier Boulevard (approximately one (1) mile east of the Urban Boundary and consists of 37 62+ acres The Overlay is within the Rural Fringe Mixed Use District IRFMUD) and is designated as Receiving Lands b Development within the Overlay shall adhere to applicable RFMUD Receiving Lands standards and regulations except where otherwise stated in this Overlay and subject to the following: 1 Primary access shall be via Immokalee Road 2 Dwelling units shall be limited to single family detached c The maximum density shall be 77 dwelling units Words underlined are added words struck-through are deleted. 1 of 4 9.A.b Packet Pg. 98 Attachment: Ordinance - 061720_rev (002) (12022 : Ventana Pointe Residential Overlay) Exhibit PL20180002668/CP-2018-7 d Density shall be achieved as follows 1 Base Density 0.20 dwelling units per acre* and 2 Additional density may be achieved as follows: (a) A density bonus of 0.1 units per gross acre in the Overlay shall be allowed for preservation of on-site native vegetation exceeding, by at least 10%, the minimum LDC required native vegetation retention amount. The density bonuses provided for in LDC Section 2.03.08.A.2.a.(2)(b).ii shall not be applicable in this Overlay or (b) Through the redemption of Transferable Development Rights (TDRs) as set forth in LDC Section 2.03.07.D.4 and (c) For each full TDR credit redeemed pursuant to Paragraph b above one additional dwelling unit shall be granted if i. The purchaser of the TDR credits enters into a contract to purchase TDR credits from Sending Lands that have not severed TDRs as of the date of the contract and the owner subsequently severs the TDR credits prior to closing on the sale of the TDR credits or ii. Such TDRs are granted in accordance with LDC Section 2. 03. 07. D .4. c.ii.a) —- Environmental Restoration and Maintenance Bonus credits or from LDC Section 2 03.07 D.4.c.ii.b) — Conveyance Bonus credits * Within this Overlay for the purpose of calculating the final total number of dwelling units, a fractional unit shall be converted upward if one-half or more of a whole unit, or downward if less than one-half of a whole unit to the nearest whole unit value. e Perimeter landscape buffers shall be a minimum of twenty-five feet (25’) in width and shall, at a minimum, meet the requirements for a Type “B” buffer set forth in LDC Section 4.06.02.C.2., and may include a sidewalk within the east and south perimeter buffers. “* "* "” "” text break "” "” "” ”" FUTURE LAND USE MAP SERIES [Page 147] Future Land Use Map Activity Center Index Map Mixed Use & lnterchange Activity Center Maps ”“ "* ”" “* text break ”“ ““ ““* ““ East Tamiami Trait Commercial Infill Subdistrict Map Seed to Table Commercial Subdistrict Map Ventana Pointe Residential Overlay Map Words underlined are added words struck-through are deleted. G:\CDES Planning Services Comprehensive/Comp Planning GMP Data/Comp Plan Amendments\20 18 Cycles 8 Small Scale\20 18 Cycle 3 0ctober\CP-18 7 RFMUD VP Residential Overlay Exhibit A at & maps 18-7 Resolution Exhibit A text post-BCC FNL.docx 2 of 4 9.A.b Packet Pg. 99 Attachment: Ordinance - 061720_rev (002) (12022 : Ventana Pointe Residential Overlay) EXHIBITA PL20 r 80002668/CP-20I 8-7#VENTANA POINTE RESIDENTIAL OVERLAY COLLIER COUNTY, FLORIDA ADOPTED - XXXX, XXXX (Ord. No. rc(xx-X)t LEGEND PROPOSED SUBDISTRICT Smokehouse Ba DR Ca nnon BLVD o oaqr CL ott 7. o7o oo t Sund Cq ,rrs a es D4 @ I lmmokalee RD x ol,ovo SUBJECT SITE 0 250 500 'l ,000 Feet 3 of 4 9.A.b Packet Pg. 100 Attachment: Ordinance - 061720_rev (002) (12022 : Ventana Pointe Residential Overlay) RIOE IR2IE Rrll I P€TtItON PL20160002664 / CP-201&7 R2'E Rrta I arrE I R3]E R: 'COLLIEF COUNIY RURALTACEICUITURALAFa ASSESSII€NI STE|\AnOSH|P CVEnLAy UAp SUBJECT SITE P1201 80m2668/CP-2018-7 1 I:: @E] 8 9 o t rI d l_ I R..E I Rl!5 I --........tL- 11iE I R2.E I RrTE I --\ J R2OE R12E R3!E R25E J R2.E I nrrE 2012-2025 FUTURE LAND USE MAP Colli.rCounly Flond. J rree I 7A*!_4* I.:-;_I,*::;:t''I i;rl;"., E*- I='lL*I-,.-.**,Ir:::;" Ii=j:'H- Gi=:5.* -!:='=:.--I=,-.5'* Ii*-.dF. -.----.*"-*. t_l*,-;;-*, I!:5i'j5* G*.-r.--r-..- t- i,*k-. IEE'<Irsrd CermrtW-** E-,.--.** -.,] ,P E ---.'."-"'-'l*...*-*. l=-::=,-l=.:'i:-.-,.I;;!:s" E -1 .trl "] -l .ilr E 6 i -1 _l 0 I4 of 49.A.bPacket Pg. 101Attachment: Ordinance - 061720_rev (002) (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 102Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 103Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 104Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 105Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 106Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 107Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 108Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe 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Residential Overlay) 9.A.cPacket Pg. 199Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 200Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 201Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 202Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 203Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 204Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 205Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 206Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 207Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 208Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) 9.A.cPacket Pg. 209Attachment: [Linked] Petition-Application-VPRO (12022 : Ventana Pointe Residential Overlay) - 1 - EXECUTIVE SUMMARY Recommendation not to approve by Resolution a single Petition from the 2018 Cycle Three of Growth Management Plan Amendments for an Amendment Proposed to the Future Land Use Element to Establish the Ventana Pointe Residential Overlay and not to approve for Transmittal to the Florida Department of Economic Opportunity for Review and Comments Response. (Transmittal Hearing) (PL20180002668/CP-2018-7) OBJECTIVE: For the Board of County Commissioners (Board) not to approve (deny) a single petition from the 2018 Cycle Three of amendments to the Collier County Growth Management Plan (GMP) and not to approve for transmittal to the Florida Department of Economic Opportunity and other statutorily required review agencies. CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government’s adopted Comprehensive Plan. • Collier County Resolution No. 12-234 provides for a public petition process to amend the GMP. • The Collier County Planning Commission (CCPC), sitting as the “local planning agency” under Chapter 163.3174, F.S., held their Transmittal hearing for the 2018 Cycle 3 petition on September 5, 2019 (one petition only, PL20180002668/CP-2018-7). • This Transmittal hearing for the 2018 Cycle 3 petition considers an amendment to the Future Land Use Element (FLUE). The GMP amendment requested is specific to a ±37.62-acre property, located on the south side of Immokalee Road, along the west side of Richards Street, and along the north side of Sundance Street, approximately 1.9 miles east of Collier Boulevard (CR 951), in Section 25, Township 48 South, Range 26 East (Rural Estates Planning Community). The property is zoned A-RFMUO, Rural Agriculture District and Rural Fringe Mixed Use Overlay Receiving Lands, and is undeveloped and wooded. This petition seeks to amend the GMP, adopted by Ordinance No. 89-05, as amended, specifically amending the FLUE by adding a new Overlay in the Rural Fringe Mixed Use District (RFMUD) Receiving Lands, revising the Future Land Use Map to depict the new Overlay, and adding a new Future Land Use Map Series inset map that depicts the new Overlay. The new residential overlay will: allow a maximum residential density of 2.05 dwelling units per acre (DU/A) yielding 77 DUs (whereas the site is presently limited to 1 DU/5 acres or 7 DUs); utilize Transfer of Development Rights Credits (TDRs) for this property that would otherwise be ineligible due to being less than the minimum 40 acres required in the RFMUD; provide for bonus TDRs for native vegetation retention beyond that required in the RFMUD (a modified version of an existing provision in the RFMUD); and, provide for a bonus DU for each TDR redeemed, a 2 for 1 allowance (this is a unique provision that would apply to this site only and exists nowhere else in the RFMUD). Based on the review of this petition, including the supporting data and analysis, staff made the following findings and conclusions: • The subject site and all immediately surrounding lands are designated Rural Fringe Mixed Use District Receiving Lands. • The Urban designated area lies 0.9 mile to the west. • Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum density of 1 DU/5 Acres (0.2 DU/A) ‒ or up to 1 DU/A via use of TDRs if >40 acres in size; 9.A.d Packet Pg. 210 Attachment: Trans_Ex_Summary_18-7_rev_FNL (12022 : Ventana Pointe Residential Overlay) - 2 - agricultural uses; essential services; institutional uses by conditional use (e.g. day care center, ALF, church). In staff’s view, this site is an island and does not provide a transition; only lands 0.9 miles to the west allow a density greater than 1 DU/A. • The requested density of 2 DU/A is out of character with the RFMUD Receiving Lands in which the site is located. • This petition proposes to allow 77 dwelling units (2.05 DU/A) with the net effect being a tenfold increase of 70 DUs (added to the allowed base density of 7 DUs). Density is achieved via use of TDRs and a “buy one get one free” density allowance, a new GMP provision that would be unique to this site only - it would not apply to any other RFMUD lands. The result is that 35 DUs would be “gifted” for the purchase of 35 TDRs. • The subject parcel was previously less than 40 acres in size prior to the Immokalee Road widening. The owner was compensated for the land taken for that road. • The subject site fronts Immokalee Road (CR 846), a 6-lane divided major arterial roadway; County water and wastewater services are available to the site. • There are no issues or concerns regarding LOS impacts upon public infrastructure. • There are no issues or concerns regarding impacts upon natural (environmental) resources or historical/archaeological resources. • People attending the Neighborhood Information Meeting expressed opposition to the proposed intensity and density that would be allowed by this Overlay and the companion PUD project (even though no one spoke in opposition at the CCPC meeting). FISCAL IMPACT: Petition fees account for staff review time and materials, and for the cost of associated legal advertising/public notice for the public hearings. No fiscal impacts to the County result from approval of this petition for transmittal. GROWTH MANAGEMENT IMPACT: Board approval of the proposed amendment for transmittal to the Florida Department of Economic Opportunity and other statutorily required review agencies will commence the Department’s thirty (30) day review process and ultimately return the amendment to the CCPC and the Board for Adoption hearings, tentatively to be held in Spring of 2020. LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following criteria in making its decision: “plan amendments shall be based on relevant and appropriate data and an analysis by the local government that may include but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue.” Section 163.3177(1)(f), F.S. In addition, Section 163.3177(6)(a)2, F.S., provides that FLUE plan amendments shall be based on surveys, studies and data regarding the area, as applicable including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of non- conforming uses which are inconsistent with the character of the community. 9.A.d Packet Pg. 211 Attachment: Trans_Ex_Summary_18-7_rev_FNL (12022 : Ventana Pointe Residential Overlay) - 3 - f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The need to modify land uses and development patterns with antiquated subdivisions. i. The discouragement of urban sprawl. j. The need for job creation, capital investment and economic development that will strengthen and diversify the community’s economy. And FLUE map amendments shall also be based upon the following analysis per Section 163.3177(6)(a)8.: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. This item is approved as to form and legality. It requires a majority vote for approval because this is a Transmittal hearing. [HFAC] STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the Collier County Planning Commission forward Petition PL20180002668/CP-2018-7 to the Board of County Commissioners with a recommendation not to approve for transmittal to the Florida Department of Economic Opportunity and other statutorily required agencies. However, if, and only if, the CCPC forwards the petition with a recommendation to approve, staff recommends the density be reduced to 1 DU/A (37 DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the site for Immokalee Road widening) – as reflected in the staff report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their September 5, 2019 meeting. The petitioner team suggested in their presentation: this 37.62-acre property, which is surrounded on all sides by the same FLUE/FLUM designation as the subject site, provides a “transition” that is comparable to the mile-wide Urban Residential Fringe Subdistrict (along the east side of Collier Blvd. and south of I-75 and Beck Blvd.) covering thousands of acres and that lies between two distinctly different FLUE/FLUM designations; or to the four square mile Urban-Rural Fringe Transition Zone Overlay covering more than 2,500 acres (north and northwest of the subject site and comprising Heritage Bay PUD), which internally comprises two distinctly different FLUE/FLUM designations. The petitioner team committed to the CCPC that this development would provide only sing le-family detached residences. There was one speaker at the CCPC meeting; that person did not express support or opposition but requested the same new proposed regulations apply to his property. The CCPC voted [6/0] to forward the subject petition to the Board with a recommendation to transmit to the Florida Department of Economic Opportunity and other statutorily required review agencies. STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: Same as to the CCPC ‒ That the Board not approve petition PL20180002668/CP-2018-7 for transmittal to the Florida Department of Economic Opportunity and other statutorily required review agencies. However, if, and only if, the Board is inclined to approve this petition, staff recommends the density be reduced to 1 DU/A (37 DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the site for Immokalee Road widening) – as reflected in the CCPC staff report. 9.A.d Packet Pg. 212 Attachment: Trans_Ex_Summary_18-7_rev_FNL (12022 : Ventana Pointe Residential Overlay) - 4 - [Staff reminder: This GMP amendment follows the Expedited State Review process. Chapter 163.3184 (3)(c)1, Florida Statutes, provides that the County Board (local governing body) shall hold its Adoption (second public) hearing within 180 days after receipt of agency comments, unless extended by agreement with notice to the DEO (state land planning agency) and any affected person that provided comments on the amendment. This notification, review and comment process period is approximately 7.5 months (225 days) from the time the County Board holds its Transmittal (initial public) hearing.] Prepared by: Corby Schmidt, AICP, Principal Planner, and David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section, Zoning Division, Growth Management Department 9.A.d Packet Pg. 213 Attachment: Trans_Ex_Summary_18-7_rev_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 1 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION COMPREHENSIVE PLANNING SECTION HEARING DATE: September 5, 2019 SUBJECT: PETITION PL20180002668/CP-2018-7 2018 CYCLE THREE GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] ELEMENT: FUTURE LAND USE APPLICANT/AGENTS Applicant: Ryan Zuckerman Owner: Carole Construction of Naples, Inc. RJH II, LLC 1100 Cypress Woods Drive 7466 NW 51st Way Naples, FL 34103 Coconut Creek, FL 33073 Agents: Robert J. Mulhere, FAICP Richard D. Yovanovich, Esq. Hole Montes, Inc. Coleman, Yovanovich & Koester, PA 950 Encore Way 4001 Tamiami Trail North, Suite 300 Naples, FL 34110 Naples, FL 34103 GEOGRAPHIC LOCATION The subject property, consisting of ±37.62 acres, is located on the south side of Immokalee Road, along the west side of Richards Street, and along the north side of Sundance Street, approximately two miles east of Collier Boulevard (CR 951), in Section 25, Township 48 South, Range 26 East. REQUESTED ACTION This petition seeks to establish an Overlay designation in the Future Land Use Element (FLUE) by amending: 1) Policy 1.9, to add the new Ventana Pointe Residential Overlay; 2) Overlays and Special Features, to add the new Overlay provisions; 3) Future Land Use Map Series list, to add the title of the new Residential Overlay inset map; 4) Countywide Future Land Use Map to depict the Overlay; and, 5) Future Land Use Map Series to add an inset map depicting the Overlay site. 9.A.e Packet Pg. 214 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 2 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE The Overlay text, Countywide Future Land Use Map, and FLU Map Series inset map proposed by this amendment are found in Resolution Exhibit “A”. PURPOSE AND DESCRIPTION OF PROJECT The petition proposes the new Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District (RFMUD) Receiving Lands that: allows a maximum residential density of 2.05 dwelling units per acre (DU/A) yielding 77 DUs; utilizes Transfer of Development Rights Credits (TDRs) for this property that would otherwise be ineligible due to being less than the minimum 40 acres required in the RFMUD; provides for bonus TDRs for native vegetation retention beyond that required in the RFMUD; and, provides for a bonus DU for each TDR redeemed (2 for 1). [Note: This petition was originally submitted to allow 95 DUs (2.53 DU/A) and access to Richards Road; shortly before drafting of this Report, the density was reduced to 77 DUs, access was changed to Immokalee Road, and a landscape buffer provision was added. As a result, some petition materials may still reference or be based upon the original submittal provisions.] FUTURE LAND USE DESIGNATIONS, ZONING AND LAND USES: Existing Conditions: Subject Property: The subject property, which comprises ±37.62 acres, is designated Rural Fringe Mixed Use District (RFMUD) Receiving Lands, which generally provides for higher [land use] densities in an area with fewer natural resource constraints (than Sending Lands) and where existing and planned public facilities are concentrated. The property is zoned A-RFMUO, Rural Agriculture and Rural Fringe Mixed Use Overlay Receiving Lands and is undeveloped and wooded. FUTURE LAND USE MAP EXCERPT (Note: subject site is not to scale – is much smaller than appears on map) Surrounding Lands: North: To the north, across Immokalee Road, lands are designated RFMUD Receiving Lands and are within the Urban-Rural Fringe Transition Area Overlay. It is zoned Heritage Bay MPUD (Mixed Use Planned Unit Development), and is developed with residential units, lakes (former quarry) and conservation areas. 9.A.e Packet Pg. 215 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 3 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE East: To the east, across Richards Road, lands are designated RFMUD Receiving Lands and zoned A-MHO-RFMUO Receiving Lands (MHO-mobile home overlay). There is a County stormwater retention area then undeveloped lands. South: To the south, across Sundance Street, lands are designated RFMUD Receiving Lands and zoned A-RFMUO Receiving Lands. They are part of the La Morada residential golf course development. West: To the west, lands are designated RFMUD Receiving Lands and zoned A-RFMUO Receiving Lands. Some parcels are undeveloped and wooded while others contain a single-family dwelling. The Future Land Use Map designates land lying immediately west (and southwest) of the subject property Rural Fringe Mixed Use District-Receiving Lands. In summary, the existing and planned land uses, and zoning, in the area surrounding the subject property are primarily low-density single-family residences and undeveloped acreage parcels. STAFF ANALYSIS Along this segment of Immokalee Road, a six-lane divided arterial, the RFMUD Receiving Lands comprises a 3-mile corridor. It begins one mile east of Collier Blvd. and extends east to Golden Gate Estates. Land uses along this corridor, running west to east, are generally identified below. North Side of Immokalee Road • 1st Mile: A portion of the 2,562-acre Heritage Bay PUD/DRI approved for 3,450 DUs (gross density of 1.35 DU/A), 66 acres/230,000 s.f. of commercial development, 200 ALF units, golf courses, 863+ acres of wetlands, and 677 acres of lakes (487 acres are former quarry). The entire PUD/DRI comprises four Sections (+4 square miles); three Sections are designated RFMUD Receiving Lands and one Section is Urban Residential Subdistrict and Mixed-Use Activity Center Subdistrict. The entire PUD/DRI is also within the Urban-Rural Fringe Transition Area Overlay, established in 2003 by a private sector GMP amendment, which allows the density from the Urban Section to be distributed throughout the Overlay. • 2nd Mile: Bonita Bay East Golf Course, which includes a significant amount of conservation lands, zoned A-RFMUO Receiving Lands. • 3rd Mile: Twin Eagles Golf & Country Club, a residential golf course development, a portion of which utilizes TDR credits; the gross density is <1 DU/A. The development is zoned A- RFMUO Receiving Lands. South Side of Immokalee Road • 1st Mile: Portion of La Morada residential and golf course development; utilizes TDR credits; gross density is < 1 DU/A. Church on 9.35-acre parcel. Two undeveloped, wooded parcels, +8 acres and 17.25 acres. Portion of La Morada. Fogg’s plant nursery on +17.5 acres. An undeveloped, wooded parcel, +17.25 acres. Subject site. All of these properties are zoned A- RFMUO Receiving Lands. Staff’s opinion is there is little opportunity to aggregate properties. • 2nd Mile: County stormwater management pond on +7.7 acres. Four undeveloped, wooded parcels, +18.3 acres, 8.6 acres, +0.5 acres, +0.9 acres. Two parcels containing one single family dwelling and a horse training facility (7.25 acres total), and an undeveloped parcel 9.A.e Packet Pg. 216 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 4 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE (+18.4 acres), all three of which comprise a portion of a site for which a 2019 pre-application meeting was held for a church conditional use. A church on +9.1 acres. Three undeveloped, wooded parcels, 3.6 acres, +2.2 acres, +1.4 acres. A church on land zoned MPUD (+35 acres), approved for church, school, child care and ALF-assisted living facility. Two undeveloped, wooded, 0.5-acre parcels. A 22-acre public school site, frontage portion recently cleared. Three undeveloped parcels, each between +1.1 and +1.2 acres. Except for the one MPUD, all of these lands are zoned A-RFMUO Receiving Lands. Staff sees two potential opportunities to aggregate property, one of which is the site of the proposed church CU. • 3rd Mile: Brentwood Lakes (fka Twin Eagles South) platted residential subdivision, cleared and infrastructure work underway; utilizes TDR credits. Two undeveloped parcels comprising +24.4 acres that is the site of a pending GMP amendment and PUD rezoning proposing a mixed-use project to allow 44,400 s.f of commercial, day care, and 129 DUs yielding a gross density of 5.29 DU/A. (Not fronting Immokalee Road is a landscape maintenance business on +15.7 acres.) Nine parcels varying in size from +0.75 to 13 acres – four are undeveloped and wooded, three are in agricultural use, two contain a SFDU each. County stormwater management pond on +5.1 acres. Two parcels in agricultural use, 1.1 and +1.4 acres. All of these lands are zoned A-RFMUO Receiving Lands. Given the small size of most parcels and the existence of SFDUs, staff’s opinion is there is minimal opportunity to aggregate property. In summary, all adjacent properties on the south side of Immokalee Road are limited to 1 DU/5 acres (0.2 DU/A) and agricultural uses by right, and are currently undeveloped or contain a single family dwelling; and all property on south side of Immokalee Road in this 3-mile corridor of RFMUD Receiving Lands are developed or approved with residential density <1 DU/A or agricultural uses or institutional uses allowed by the RFMUO Receiving Lands zoning overlay. It is acknowledged the site fronts on a six-lane divided road, has central utilities available, and is across Immokalee Road from the urban-style development of Heritage Bay. However, staff also notes that Heritage Bay opposite this site is separated by both Immokalee Road and the Cocohatchee Canal, and then within Heritage Bay is a landscape berm and buffer, a local road, then a single row of 1 story dwellings. Further, Heritage Bay has an approved density of 1.35 DU/A. In staff’s opinion, though the proposed density might not be incompatible with surrounding density based upon high level view, it is out of character with the adjacent and extended area development pattern in the RFMUD Receiving Lands corridor along Immokalee Road. Appropriateness of the Site and the Change: The Meyers Research Needs Analysis (June 2018), is part of the supporting data & analysis submitted with GMPA application materials (Exhibit V.D.1.). The Meyers Research analyzes the [specific] need for this number of residences at this location. The Analysis indicates that the projected population growth provides sufficient demand for the density already allowed by the RFMUD Receiving Lands. Staff’s opinion is that this amendment will not increase the countywide population, rather reallocate a small portion of the population growth such that there is an increase to this site of 113 persons (124 persons vs. presently allowed 11 persons). [Calculations: 77 DUs per the Overlay x 2.38 persons per household (countywide ratio) x 0.675 (67.5% - the countywide occupancy rate) = 124 persons.] The amendment will introduce new residential density (77 DUs v. 7 DUs) by establishing 9.A.e Packet Pg. 217 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 5 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE a future land use designation in an area where it is not now allowed. Staff is of the opinion that the proposed GMP amendment is out of character with the surrounding development pattern. Per the petitioner materials, the subject parcel was previously 40+ acres in size; as such, it qualified to utilize TDRs to increase density to a maximum of 1 DU/A. When the County acquired a portion of the site to expand Immokalee Road ROW, resulting in the parcel size of 37.62 acres, the land owner was compensated, presumably for the value of the changes to property rights and made whole. This overlay would now return the rights to the property owner to use TDRs plus double the allowable density through a “buy one get one” allowance. The petitioner notes similarities between this site and proposed overlay with the Urban Residential Fringe (URF) Subdistrict and contends that the overlay provides for a transition between Urban and Rural Fringe areas/densities. The URF: is located along the east side of Collier Blvd., a 6-lane divided road, from Beck Blvd. (near I-75) south to US 41 East; is served by central utilities; is one mile wide; comprises +8.5 Sections (+5,400 acres); limits density to 1.5 DU/A or 2.5 DU/A with use of TDR credits; is intended to serve as a transition between higher densities allowed on the west side of Collier Blvd. (Urban Residential Subdistrict, 4 DU/A base and potentially higher if qualifying for a density bonus(es) and the RFMUD to the east (mostly Sending Lands, 1 DU/40 acres); and, is within the Urban FLUM designation. Staff notes this small property fronts a 6-lane divided road and is served by central utilities, but it provides no transition as it is +0.9 mile east of the urban boundary - it is an island surrounded by RFMUD Receiving Lands limited, residentially, to a rural density of 1 DU/5 acres (0.2 DU/A) - or up to 1 DU/A utilizing TDRs but only for projects of >40 contiguous acres (the closest portion of the La Morada project, which uses TDRs, is +660 feet to the west and not fronting Immokalee Road). While staff might characterize the proposed density as urban sprawl, it must be acknowledged that one could argue the presently allowed density is also urban sprawl. RFMUD Restudy White Paper The RFMUD White Paper presents a compilation of public comments gathered from the various meetings and workshops held in the community to solicit public input as well as staff recommendations. One of those recommendations is to consider allowing a density up to two DU/A but only for affordable/workforce housing projects. BCC direction for RFMUD GMP amendments includes for staff to take into account housing affordability, mobility, economic vitality and environmental protection. This petition doesn’t address any of these considerations and specifically doesn’t propose affordable/workforce housing; though there is a proposed density increase for additional native vegetation retention, there is no incentive to do so since the maximum allowable density can be achieved via the purchase of TDR credits and equivalent number of free DUs. Criteria for GMP Amendments in Florida Statutes Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically as listed below. Section 163.3177(1)(f), Florida Statutes: 9.A.e Packet Pg. 218 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 6 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE (f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government that may include, but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. 1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys, data, and supporting documents for proposed plans and plan amendments shall be made available for public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be clearly based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. 2. Data must be taken from professionally accepted sources. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated. However, the evaluation may not include whether one accepted methodology is better than another. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. 3. The comprehensive plan shall be based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research or generated by the local government based upon a professionall y acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. Absent physical limitations on population growth, population projections for each municipality, and the unincorporated area within a county must, at a minimum, be reflective of each area’s proportional share of the total county population and the total county population growth. Section 163.3177(6)(a)2. Florida Statutes: 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. 9.A.e Packet Pg. 219 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 7 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy. j. The need to modify land uses and development patterns within antiquated subdivisions. Section 163.3177(6)(a)8., Florida Statutes: (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. It is incumbent upon the petitioner to provide appropriate and relevant data and analysis to address the statutory requirements for a Plan amendment, then present and defend, as necessary, that data and analysis. Traffic Capacity/Traffic Circulation Impact Analysis, Including Transportation Element Consistency Determination: A Traffic Impact Statement, dated January 25, 2019, prepared by Trebilcock Consulting Solutions, Inc., was submitted with this petition (Exhibit “V.E.3”). It notes that all traffic accessing the property comes from Immokalee Road (35% to/from the east; 65% to/from the west). Collier County Transportation Planning staff reviewed this petition and had no objection to its approval, finding it consistent with Transportation Element Policy 5.1. Environmental Impacts: A Protected Species Survey, dated October 2, 2018, prepared by Earth Tech Environmental, LLC (ETE), was submitted with this petition (Exhibit V.C.1). Environmental specialists with County Development Review Division, Environmental Planning Section, reviewed these documents and provided the following comments: 9.A.e Packet Pg. 220 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 8 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE The subject property is visited by bear, panther, bobcat and other animal species. The levels of protections granted to these animals, along with their habitat found on property, affects the potential for development. The native vegetation on site will be retained in accordance with the requirements of Policy 6.1.1 of the Conservation and Coastal Management Element of the GMP and Section 3.05.07 of the LDC. Public Facilities Impacts: A Public Facilities Report, dated January 29, 2019 (Exhibit V.E.1), was submitted with this petition and concluded there is adequate capacity of public infrastructure to serve the proposed project – potable water, wastewater collection and treatment, solid waste collection and disposal, stormwater management, parks and recreational facilities, public schools, and emergency medical (EMS) and fire rescue services. Appropriate staff reviewed this petition and identified no issues or concerns regarding impacts upon public infrastructure. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS The application team held a Neighborhood Information Meeting (NIM) in the Sanctuary of the Peace Lutheran Church, located at 9850 Immokalee Road, Naples on June 12, 2019, at 5:30 p.m. as required by Section 10.03.05 F. of the LDC. This NIM was advertised, noticed and held jointly for this GMP amendment petition and companion PUD rezone petition [which is not under formal consideration with this GMPA transmittal hearing]. Approximately fifteen people other than the applicant team and County staff attended ‒ and heard the following information: Robert Mulhere (agent representing the applicant) of Hole Montes, presented an overview of the proposed development, and how it first required amendments to the County’s Growth Management Plan. He explained that this Plan amendment was a full-scale amendment that will be heard by the Planning Commission and the County Board for both transmittal and adoption hearings over a number of months. Mr. Mulhere pointed out the property location fronted on three sides by Immokalee Road (N), Richards Street (E) and Sunset Road (S). This project is designed to access directly onto Richards Street with its main entry and an additional emergency-only access. He identified a number of residential developments nearby, including La Morada and Bent Creek. This project is designed to develop predominantly the southerly half of the property residentially, while protecting those less-developable [natural] areas characterizing the northerly half. Mr. Mulhere invited, heard and responded to questions and comments. Several members of the public spoke, asking questions, seeking more information, expressing concerns, and expressing opposition for the proposed project. Many of them identified themselves as being residents of the nearby rural agricultural area, who use and upkeep the private roads Richards Street, Sunset Road and Krape Road. Their comments and concerns included: • How the property is already entitled to a relatively high residential density using TDRs; and, what reasons are given to grant additional, higher density this property? • Traffic congestion; including adopting these local private roads into use by new residential traffic [without proposing compensating improvements, directional signage, etc.], directly 9.A.e Packet Pg. 221 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 9 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE accessing Richards Street at its main entry where vehicles waiting on Richards already do not have the stacking depth to allow additional vehicles, introducing new or additional turning maneuver conflicts crossing through the Immokalee Road medians at Richards Street and Krape Road. • How past or current property owners have allowed [3rd party] ditching or berming along portions of the site resulting with improperly displaced surface water offsite [especially across Richards Street then on to neighboring properties]; and, if property development will discharge its surface waters into these areas to compound the problem, or if the design will attempt to correct these problems and restore a more-natural flow? • How the property, like their own, (was, and) is suitable for low-density development intended by the Rural Fringe [Mixed Use District]. • The County should keep the Rural Fringe Mixed Use District (RFMUD) intact [without the changes proposed by this GMP amendment.] • Project characteristics, The incompatibility of this high-density project with the established surrounding low-density residential area (too narrow, too small), as now planned is out of character with the area. • Impacts on the neighborhood taxes? The agent explained how effects are minimized, as Impact Fees paid by the developer absorb the costs of new or additional services required by the development. • Emergency services and the conflicts of introducing new and additional traffic onto these private roadways, are where problems already apparent; agent answered that Fire District representatives review these proposals for the impacts on their ability to provide services and are addressing these concerns. The strong consensus was expressed in opposition to developing the subject property as proposed. The Information Meeting was ended at approximately 6:30 p.m. This synopsis provides the annotated NIM proceedings. An audio recording of the entire Neighborhood Information Meeting is available on the County’s “I” drive, at I:/GMD/Comprehensive Planning/NIM Recordings & PREAPP Notes. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONCLUSIONS • The subject site and surrounding lands are designated Rural Fringe Mixed Use District Receiving Lands; the Urban designated area is 0.9 miles to the west. • This petition proposes to allow 77 dwelling units (2 DU/A) with the net effect being an increase of 70 DUs. Density is achieved via use of TDRs and a “buy one get one free” density allowance. • Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum density of 1 DU/5 Acres (0.2 DU/A) - or up to 1 DU/A via use of TDRs if >40 acres in size; 9.A.e Packet Pg. 222 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 10 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE agricultural uses; essential services; institutional uses by conditional use (e.g. day care center, ALF, church). • The requested density of 2 DU/A is out of character with the RFMUD Receiving Lands in which the site is located. • The RFMUD White Paper includes a staff recommendation for a density increase to 2 DU/A but only for affordable/workforce housing, and BCC direction is to include consideration for housing affordability, mobility, economic vitality, and environmental protection. The subject site is 37.62 acres and the proposed overlay does not address these considerations. • The subject parcel was previously >40 acres prior to Immokalee Road widening. The owner was compensated for the land taken for that road. • The subject site fronts Immokalee Road (CR 846), a 6-lane divided arterial road, and County water and wastewater service is available to the site. • There are no issues or concerns regarding LOS impacts upon public infrastructure, or upon natural (environmental) resources or historical/archaeological resources. • People attending the Neighborhood Information Meeting expressed opposition to the proposed intensity and density of this Overlay and the companion PUD project. LEGAL CONSIDERATIONS: This Staff Report was reviewed by the County Attorney’s Office on August 16, 2019. The criteria for GMP amendments to the Future Land Use Element and map series are in Sections 163.3177(1)(f) and 163.3177(6)(a)2. and 163.3177(6)(a)8., Florida Statutes. [HFAC] STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: Based on the analyses provided within this report, staff recommends that the Collier County Planning Commission forward Petition PL20180002668/CP-2018-7 to the Board of County Commissioners with a recommendation not to approve for transmittal to the Florida Department of Economic Opportunity and other statutorily required agencies. However, if, and only if, the CCPC forwards the petition with a recommendation to approve, staff recommends the density be reduced to 1 DU/A (37 DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the site for Immokalee Road widening) – as reflected below. (Note: single underline text is added, as proposed by petitioner; double underline text is added, and double strike through text is deleted, as proposed by staff; all subsequent portions of the petitioner’s proposed Overlay text would be deleted.) C. Ventana Pointe Residential Overlay 1. The Ventana Pointe Residential Overlay is located on the south side of Immokalee Road, approximately two (2) miles east of Collier Boulevard (approximately one (1) mile east of the Urban Boundary), and consists of 37.62± acres. The Overlay is within the Rural Fringe Mixed Use District (RFMUD) and is designated as Receiving Lands . 9.A.e Packet Pg. 223 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 11 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE 2. Development within the Overlay shall adhere to applicable RFMUD Receiving Lands standards and regulations, except where otherwise stated in this Overlay and subject to the following: a. Primary access shall be via Immokalee Road. b. The maximum density shall be 77 37 dwelling units. c. Density shall be achieved as follows: as provided for in the Rural Fringe Mixed Use District Receiving Lands for parcels forty (40) acres or larger in size. Staff provides the following reminder: This GMP amendment follows the Expedited State Review process. Chapter 163.3184 (3)(c)1, Florida Statutes, provides that the County Board (local governing body) shall hold its Adoption (second public) hearing within 180 days after receipt of agency comments, unless extended by agreement with notice to the DEO (state land planning agency) and any affected person that provided comments on the amendment. This notification, review and comment process period is approximately 7.5 months (225 days) from the time the County Board holds its Transmittal (initial public) hearing. [Remainder of page intentionally left blank] 9.A.e Packet Pg. 224 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 12 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE 9.A.e Packet Pg. 225 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) RESOLUTION NO. 19- 206 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES TO ADD THE VENTANA POINTE RESIDENTIAL OVERLAY, TO ALLOW A MAXIMUM DENSITY OF 77 DWELLING UNITS THROUGH A BASE DENSITY OF .2 DWELLING UNITS PER ACRE PLUS DENSITY BONUSES FOR NATIVE VEGETATION AND TRANSFER OF DEVELOPMENT RIGHTS FOR A TOTAL MAXIMUM DENSITY OF APPROXIMATELY 2 DWELLING UNITS PER ACRE, FOR PROPERTY WITHIN THE RURAL FRINGE MIXED USE DISTRICT-RECEIVING LANDS, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY TWO MILES EAST OF COLLIER BOULEVARD, IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.62±ACRES. [PL20180002668] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, RJH II, LLC, requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to add the Ventana Pointe Residential Overlay to the Rural Fringe Mixed Use District-Receiving Lands; and WHEREAS, on September 5, 2019, the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and 18-CMP-01041/1502674/11119 10/9/19 Page 1 of 2 Words underlined are additions,words struck through are deletions. 9.A.f Packet Pg. 226 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay) WHEREAS, on October 22, 2019 the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184, F.S.; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3), F.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote this I- day of Qe,4-2) ;- , 2019. 1k`[ E e• BOARD OF 11. COMMISSIONERS CRYST L' ZEL, CLE CO LIE 'O: TY, FL 6 'ID AhiA BY: tte5 0 ' ,j I VI lerk illiam L. McDaniel, Jr., airmani sigria r .only. Approved as to form and legality: 1( A eidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment& Map Amendment 18-CMP-01041/1502674/1]119 10/9/19 Page 2 of 2 Words underlined are additions,words struck through are deletions. 9.A.f Packet Pg. 227 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay) EXHIBIT A VENTANA POINTE RESIDENTIAL OVERLAY FUTURE LAND USE ELEMENT Proposed amendment to the Collier County Future Land Use Element(FLUE)and Future Land Use Map (FLUM) to establish the 37.62± Acre Ventana Pointe Residential Overlay within the RFMU District located on the south side of Immokalee Road, approximately 1.9 miles east of Collier Boulevard. Amend II. IMPLEMENTATION STRATEGY,Policy 1.9,Page 10 as follows: Policy 1.9: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. Ventana Pointe Residential Overlay ED. Natural Resource Protection Area Overlays 13-E. Rural Lands Stewardship Area Overlay F. Airport Noise Area Overlay (IV) 1%G. Bayshore/Gateway Triangle Redevelopment Overlay 6-H. Urban-Rural Fringe Transition Zone Overlay 1I. Coastal High Hazard Area Boundary Incorporated Areas Amend V.OVERLAYS AND SPECIAL FEATURES Starting on Pa V. OVERLAYS AND SPECIAL FEATURES A. Area of Critical State Concern Text Break********************************** B. North Belle Meade Overlay Text Break********************************** C. Ventana Pointe Residential Overlay 1. Ventana Pointe Residential Overlay a The Ventana Pointe Residential Overlay is located on the south side of Immokalee Road, approximately two(2)miles east of Collier Boulevard(approximately one(1)mile east of the Urban Boundary)and consists of 37.62±acres. The Overlay is within the Rural Fringe Mixed Use District(RFMUD)and is designated as Receiving Lands h Development within the Overlay shall adhere to applicable RFMUD Receiving Lands standards and regulations, except where otherwise stated in this Overlay and subject to the following: 1) Primary access shall be via Immokalee Road. Dwelling units shall be limited to single family detached. C. The maximum density shall be 77 dwelling units. Underlined text indicates text to be added for Ventana Pointe Residential Overlay:Struck through text to be deleted. Page 1 of 5 9.A.f Packet Pg. 228 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay) D. Density shall be achieved as follows: LU Base Density: 0.20 dwelling units per acre*;and 2) Additional density may be achieved as follows: a. A density bonus of 0.1 units per gross acre in the Overlay shall be allowed for preservation of on-site native vegetation exceeding, by at least 10%, the minimum LDC required native vegetation retention amount.The density bonuses provided for in LDC Section 2.03.08.A.2.a.(2)(b)ii. shall not be applicable in this Overlay; or b. Through the redemption of Transferable Development Rights (TDRs) as set forth in LDC Section 2.03.07.D.4.;and, c. For each full TDR credit redeemed pursuant to Paragraph b. above, one additional dwelling unit shall be granted if: i. The purchaser of the TDR credits enters into a contract to purchase TDR credits from Sending Lands that have not severed TDRs as of the date of the contract and the owner subsequently severs the TDR credits prior to closing on the sale of the TDR credits; or ii. Such TDRs are granted in accordance with LDC Section 2.03.07.D.4.c.ii.a) — Environmental Restoration and Maintenance Bonus credits or from LDC Section 2.03.07.D.4.c.ii.b)—Conveyance Bonus credits. Within this Overlay, for the purpose of calculating the final total number of dwelling units, a fractional unit shall be converted upward if one-half or more of a whole unit, or downward if less than one-half of a whole unit,to the nearest whole unit value. E. Perimeter Landscape buffers shall be a minimum of twenty-five feet(25') in width and shall, at a minimum, meet the requirements for a Type "B" buffer set forth in LDC Section 4.06.02.C.2. Text Break********************************** D.E. Natural Resource Protection Area Overlay Text Break********************************** E.I3 Rural Lands Stewardship Area Overlay Text Break********************************* F.& Airport Noise Area Overlay Text Break********************************* G. Bayshore/Gateway Triangle Redevelopment Overlay Text Break********************************* H. Urban-Rural Fringe Transition Zone Overlay Text Break********************************* I. 1€L Coastal High Hazard Area Text Break********************************* J. L Incorporated Areas Text Break********************************* Underlined text indicates text to be added for Ventana Pointe Residential Overlay;Streek—flifaugli-text to be deleted. Page 2 of 5 9.A.f Packet Pg. 229 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay) FUTURE LAND USE MAP SERIES Future Land Use Map Activity Center Index Map Mixed Use&Interchange Activity Center Maps Properties Consistent by Policy(5.11, 5.12, 5.13, 5.14)Maps Collier County Wetlands Map Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs Map Future Land Use Map Rivers and Floodplains Future Land Use Map Estuarine Bays Future Land Use Map Soils Existing Commercial Mineral Extraction Sites Map Bayshore/Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps North Belle Meade Overlay Map North Belle Meade Overlay Map Section 24 Existing Schools and Ancillary Facilities Map Future Schools and Ancillary Facilities Map(XIII)Plantation Island Urban Area Map Copeland Urban Area Map Railhead Scrub Preserve—Conservation Designation Map Lely Mitigation Park—Conservation Designation Map Margood Park Conservation Designation Map Urban Rural Fringe Transition Zone Overlay Map Orange Blossom Mixed Use Subdistrict Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Goodlette/Pine Ridge Mixed Use Subdistrict Map Henderson Creek Mixed-Use Subdistrict Map Buckley Mixed-Use Subdistrict Map Livingston/Pine Ridge Commercial Infill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Orange Blossom/Airport Crossroads Commercial Subdistrict Livingston Road/Veteran's Memorial Boulevard Commercial Infill Subdistrict Map Corkscrew Island Neighborhood Commercial Subdistrict Map Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Gordon River Greenway Conservation Area Designation Map Hibiscus Residential Infill Subdistrict Map Vincentian Mixed Use Subdistrict Map Davis—Radio Commercial Subdistrict Map Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map Mini Triangle Mixed Use Subdistrict Map East Tamiami Trail Commercial Infill Subdistrict Map Seed to Table Commercial Subdistrict Map Ventana Pointe Residential Overlay Map Underlined text indicates text to be added for Ventana Pointe Residential Overlay;text to be deleted. Page 3 of 5 9.A.f Packet Pg. 230 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay) EXHIBIT A PL20180002668/CP-20 1 8-7 Off`/ 1201 VENTANA POINTE RESIDENTIAL OVERLAY COLLIER COUNTY, FLORIDA Smokehouse Bay DR J Immokalee RD G) i c+, 1 fl. de x G1 O CD v PROPOSED SUBDISTRICT at o r Cannon BLVDSund ;I, -4Cab, P/ nes D/i ADOPTED-XXXX,XXXX LEGEND Ord No XXXX-X) 0 250 500 1,000 Feet v I 1 I I I 1 I I I rr PROPOSED SUBDISTRICT 1 Pape 4 of 5 Page 4 of 5 9.A.f Packet Pg. 231 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay) INEW7, I 1483 I T473 I T483 I T493 I T 50S I TII1S I 1523 I T535 I I 1 : I U. 11- V14: 4; 1" 01; 5• 1 1. 1, 8 540P.,. 2x, 40-1,, x 1 I i 1 8) iPii' 01Z11.:, i CIPX, ViNlaAg I z 1 11 1 1 Nil I i - i 1 • lig. f - s 1 . i I Fa 11 i j 1 iiii ! lift 011 1 11' g I a. g F. :" ! ii R- --,,,.. 4- - F. i :' R - - . i -,-;_:-;:?.., x- t --;:-."' • - 2 . iLj i !! 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Page 5 of 5 I 1413 I 1473 I T485 I 1 493 I TSOS I 1513 I T 52S I T 53S 9.A.f Packet Pg. 232 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay) 9.A.g Packet Pg. 233 Attachment: BCC Affidavit & Advertisement 11590 & 12022 (12022 : Ventana Pointe Residential Overlay) 9.A.g Packet Pg. 234 Attachment: BCC Affidavit & Advertisement 11590 & 12022 (12022 : Ventana Pointe Residential Overlay) N(,TI(,E OF PUI'LIG TTEA}IINU NOTICE OF INTENTTO CONSIDER ORDINANCE(S) Noticr i! h..cby glv6n that the Coli.r Connv Bo.rd ol Coonty Commi3llon.l! will hold a publlc hearing on &t l/|lh, lm, cotfirt.fthg .t 9.@ a.6., in ihe Bo€rd of County CommissionoB Chamb€r, Third Floor, C,ollla CotJnty Oov.mm.. C€ota., 3290 Tamiami Treil East, Naples, FL. Th. prrp@ ol th. haing b lo co.Bdor . AN OTT'INANCD OT T{E IOARD OF COI]NTY COMMTSSIONERS AMENDINC ORDINANCE E!I.05, AS AMf,NDDD, TEE COLLIEN COUNTY GROWTE MANAGEMf,M PLIN, SPECIFICAJ,LY AMf,NDINC If,I TUTUNX I.AND USE ELEMENT AND MA} AIRIES To ADD T1IE VET{IANA POINIE RESIDENTIAL OVE,TY,TOA.OWAMAXIMI,MDENSITYOT.,7DWELLINGI,NITSTIIROUGEABASf,DENSITYOF .2 DWf,I,I.ING I,INITS PER ACX.E PLUS DENSITY EONUSES FOR NATTVE VEGETATION TID TR.INSIER OT Df,VDI'IMf,NT RIGXTS NON A ToIAL MAXIMI'M Df,NSITY OF APPRo)(IM,1IIELY 2 I'Wf,LLII{G UNITS IDN TCNf,, FOR 'NOPERTY PITEIN TEE RIJRAL FnINGE MIXDD USE DISTRTCT-Rf,Cf,N'ING I.ANDS! AND rI]XTEERMORE DIXECTING TRA},'SiflTTAL OF THE AMDNDMENT TO TuE FLORIDA DE'ATTMDNTOTECONOidIC OPPOXN'{TY. THf, SIIEJDCT PROPERTY TS LOCAIED ON TEE SOUTE SIDE Or IIUMOTALf,E nOlD, A.PIRO)aIUAIELY TWO MILf,S f,AST OE COLLIER BOULEVAXD, IN Sf,CTX)N 25, I()S'NSEP 1' IX)UTB. NANGE 25 EAST, COLIJER COUNTY, TLORIDA" CONSISTING OF 37Jtr ACIf, & Ifl '01S00266t1 &. AN O 'NANCD OT TED BOAND OF COi]NTY COMIIIISSIONf,X.S OT COLIIER COI'NTY, II-oXIDA AMf,NIIING OnDINANCa NUMBDn 2004{1, AS AMENIIED, TIID COLLIER COUNTY IrU\D I'IVDII)|MINT CODf,, Wf,lCS ESTABIISED TEE COMPXEHENSII'E ZONING RECI.rL,{I!ONS TOR TtrI I'NINCOTFOR,/TTED ANDA OT COIJJER COUNTY, FLORIDA BY AMENDING TXf, APPNOPRI,ATf, Z)NING Aru$ M P OR MA}S BY CtrANGING Tf,E Z'NINC CL SSIFICATION OT TEE EEREIN DESCITED nlAI PNOPERTY TROM A RI'RAL AGHCULTURI (A) ZONING DISTruCT }TIIIIN T{E NI, TL TTGE ITOGD USE DISTnICI dERJ,IY.RECEIVING LAIIDS To A RESII,ENTIAL PI,,AJ{I{ED I,'T{IT I'EVEI.OIMENT GPUD) ZONTNG DII|TRICT TOR TIIE PNOJDCT TO BE KNOT'N AS VENrANA FOINTE RIUD, TO AIII}W OONSTRUCTION OF L? TO 77 DE-IACEED SINCLE TAMILY DWELLING IJNITS ON PTOIARTY I,OCATED ON TEE SOUTU SIDE OT IMMOK LEE ROAD, I}PROXII}'AIELY TWO MrLX! EAST OP COLIlf,n EOITLEV .RD,IN SECTTON 25, mWNSHrP a6 SOlIru, nANGf, 25 f,AnT, CONSISTING Or 37.62+ ICLESi AND BY PROyIDING AN EFFf,CTwf, DATE. 1PL20r800026591 lmmoka lee RD o =E .9 oo Proiect Location z oIo Eo .9 = Golden Gate BLVD Wo All lnl.[tt d p.nb .r! invltod lo.pp.ar and bo h6ard. Copiao of th6 poposrd ORDI A;TCE{SI will b€ made a\rtgtbL lor inlpac{on at tha GMD Zoning Oivbion, CoftprEh€ngivo Planning S€clion, 2800 N. Horsosho€ Dr., rpL., FL.; bdwo.n th. hou6 ol SiOO lU. and S:OO Plir., Monday th;ugh Fruay. Furlhernoie, lh6 firatdLla wlll ba mada avaihbL lor insp€c1ion et th6 Colliar Counly Clorkb Otfice, Fourlh Floor, Sult6 401. CollLr County Govammani Carltor, Easl Napha,. one w6€k pior td lho schodulod h6aring. Any quostions partahhC to lha documant! should ba dir€cted lo tha GMD Zoning Dfulsion, Comprchanslvo Planning S6ction. lirdtnn cohm.nt! flbd wlth tho Cl6rk to ths Boardb Otlico prior to July l alh, 2@ will be Igad ahd considered rt th. Frulc h..ring, Ar parl ol ]l ongoing initiatlvc to p.omote social distancing dunng the COVD-I 9 panclemlc, lhe public will havo lha oppo.tunity to providc public cornmonts remolely, as woll as ln po6on, during lhis proc€eding. hdividuals who $rould lik io perticipeto l€molaly, should Egister any time eft6r the agencla is posted on th6 Counv xrabalt! which b I da),! b.iorg tho mo€tlng lhlotrgh lhe link provial€d on lhe iloi page d thq County website at wrffr.oolliEoulM.Co/. lndividuals rvho Eglstewlll llceive an emEil in aclvancg of th6 publlc hesing d€lailing how lrr.y c!,l pantcbdt llnEtoly in lhls mo6ling. For additronal intormatlon aboul the me€ting, ploase call 'Ihoiilar Cbka at 252-2526 or €rl|ail to gcc-MrtuaiMetingsocllliorcou4/fl.gov Any paraon uho daoldoa to app€al any decision o,l lh€ Colll€r County Bord o( County Commisslonels will naad r Ecord ol lha plocredhrgs pa alning th€rslo afld thooforo, riay n6€d to orlsulE that a v€rbstim r€cord ol tha prraadh0E b .nda, whidr ncord includ€a lhe lGtimony and ovldoncs upon which tha appeal is bas€d. [ ]€u .t r paooal wlth a dbability who n€€ds eny accommodation in o.d€r to particlpele in this poceeding, you elt aallllLd, at no cost to you, to lhe plDvisbn of certain aBabtanco. Plees. contacl lh6 Collior County Facilities illlrCrrl.nt Divl6io.r, locrt d !t 3lxi5 Trml''nl Trril E Bt, Suite 101, Nepl6, FL 34112-5358, (239) 252-8:)80, at laatt luo dayr Fioa to tha maatng, Arsirtod liltoning dovlcos lor the h€qrlng impailrd alE availablo in tho Bord ol Corx[y Comml.donr! Ofllce. BOAND OF COUNTY COMMISSONEFS co[rEn couNw. FLoHtoA BUFfi L. SAUNDEFS, CMlRtvlAN Cft'STAL K. KINZEL, CLERK OF THE CIRCUIT COUFT & COMSTROLLER Byi Ann Je taiohn oasry o?k (sEAL) PttHoi O.t.; J(,[ 24, ir(I20 I2A I WEDNESDAY, JUNE 24,2020 I IIA'LES DAILY I{EWS 9.A.g Packet Pg. 235 Attachment: BCC Affidavit & Advertisement 11590 & 12022 (12022 : Ventana Pointe Residential Overlay) - 1 - EXECUTIVE SUMMARY Recommendation not to approve by Resolution a single Petition from the 2018 Cycle Three of Growth Management Plan Amendments for an Amendment Proposed to the Future Land Use Element to Establish the Ventana Pointe Residential Overlay and not to approve for Transmittal to the Florida Department of Economic Opportunity for Review and Comments Response. (Transmittal Hearing) (PL20180002668/CP-2018-7) OBJECTIVE: For the Board of County Commissioners (Board) not to approve (deny) a single petition from the 2018 Cycle Three of amendments to the Collier County Growth Management Plan (GMP) and not to approve for transmittal to the Florida Department of Economic Opportunity and other statutorily required review agencies. CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government’s adopted Comprehensive Plan. • Collier County Resolution No. 12-234 provides for a public petition process to amend the GMP. • The Collier County Planning Commission (CCPC), sitting as the “local planning agency” under Chapter 163.3174, F.S., held their Transmittal hearing for the 2018 Cycle 3 petition on September 5, 2019 (one petition only, PL20180002668/CP-2018-7). • This Transmittal hearing for the 2018 Cycle 3 petition considers an amendment to the Future Land Use Element (FLUE). The GMP amendment requested is specific to a ±37.62-acre property, located on the south side of Immokalee Road, along the west side of Richards Street, and along the north side of Sundance Street, approximately 1.9 miles east of Collier Boulevard (CR 951), in Section 25, Township 48 South, Range 26 East (Rural Estates Planning Community). The property is zoned A-RFMUO, Rural Agriculture District and Rural Fringe Mixed Use Overlay Receiving Lands, and is undeveloped and wooded. This petition seeks to amend the GMP, adopted by Ordinance No. 89-05, as amended, specifically amending the FLUE by adding a new Overlay in the Rural Fringe Mixed Use District (RFMUD) Receiving Lands, revising the Future Land Use Map to depict the new Overlay, and adding a new Future Land Use Map Series inset map that depicts the new Overlay. The new residential overlay will: allow a maximum residential density of 2.05 dwelling units per acre (DU/A) yielding 77 DUs (whereas the site is presently limited to 1 DU/5 acres or 7 DUs); utilize Transfer of Development Rights Credits (TDRs) for this property that would otherwise be ineligible due to being less than the minimum 40 acres required in the RFMUD; provide for bonus TDRs for native vegetation retention beyond that required in the RFMUD (a modified version of an existing provision in the RFMUD); and, provide for a bonus DU for each TDR redeemed, a 2 for 1 allowance (this is a unique provision that would apply to this site only and exists nowhere else in the RFMUD). Based on the review of this petition, including the supporting data and analysis, staff made the following findings and conclusions: • The subject site and all immediately surrounding lands are designated Rural Fringe Mixed Use District Receiving Lands. • The Urban designated area lies 0.9 mile to the west. • Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum density of 1 DU/5 Acres (0.2 DU/A) ‒ or up to 1 DU/A via use of TDRs if >40 acres in size; 9.A.d Packet Pg. 210 Attachment: Trans_Ex_Summary_18-7_rev_FNL (12022 : Ventana Pointe Residential Overlay) - 2 - agricultural uses; essential services; institutional uses by conditional use (e.g. day care center, ALF, church). In staff’s view, this site is an island and does not provide a transition; only lands 0.9 miles to the west allow a density greater than 1 DU/A. • The requested density of 2 DU/A is out of character with the RFMUD Receiving Lands in which the site is located. • This petition proposes to allow 77 dwelling units (2.05 DU/A) with the net effect being a tenfold increase of 70 DUs (added to the allowed base density of 7 DUs). Density is achieved via use of TDRs and a “buy one get one free” density allowance, a new GMP provision that would be unique to this site only - it would not apply to any other RFMUD lands. The result is that 35 DUs would be “gifted” for the purchase of 35 TDRs. • The subject parcel was previously less than 40 acres in size prior to the Immokalee Road widening. The owner was compensated for the land taken for that road. • The subject site fronts Immokalee Road (CR 846), a 6-lane divided major arterial roadway; County water and wastewater services are available to the site. • There are no issues or concerns regarding LOS impacts upon public infrastructure. • There are no issues or concerns regarding impacts upon natural (environmental) resources or historical/archaeological resources. • People attending the Neighborhood Information Meeting expressed opposition to the proposed intensity and density that would be allowed by this Overlay and the companion PUD project (even though no one spoke in opposition at the CCPC meeting). FISCAL IMPACT: Petition fees account for staff review time and materials, and for the cost of associated legal advertising/public notice for the public hearings. No fiscal impacts to the County result from approval of this petition for transmittal. GROWTH MANAGEMENT IMPACT: Board approval of the proposed amendment for transmittal to the Florida Department of Economic Opportunity and other statutorily required review agencies will commence the Department’s thirty (30) day review process and ultimately return the amendment to the CCPC and the Board for Adoption hearings, tentatively to be held in Spring of 2020. LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following criteria in making its decision: “plan amendments shall be based on relevant and appropriate data and an analysis by the local government that may include but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue.” Section 163.3177(1)(f), F.S. In addition, Section 163.3177(6)(a)2, F.S., provides that FLUE plan amendments shall be based on surveys, studies and data regarding the area, as applicable including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of non- conforming uses which are inconsistent with the character of the community. 9.A.d Packet Pg. 211 Attachment: Trans_Ex_Summary_18-7_rev_FNL (12022 : Ventana Pointe Residential Overlay) - 3 - f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The need to modify land uses and development patterns with antiquated subdivisions. i. The discouragement of urban sprawl. j. The need for job creation, capital investment and economic development that will strengthen and diversify the community’s economy. And FLUE map amendments shall also be based upon the following analysis per Section 163.3177(6)(a)8.: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. This item is approved as to form and legality. It requires a majority vote for approval because this is a Transmittal hearing. [HFAC] STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the Collier County Planning Commission forward Petition PL20180002668/CP-2018-7 to the Board of County Commissioners with a recommendation not to approve for transmittal to the Florida Department of Economic Opportunity and other statutorily required agencies. However, if, and only if, the CCPC forwards the petition with a recommendation to approve, staff recommends the density be reduced to 1 DU/A (37 DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the site for Immokalee Road widening) – as reflected in the staff report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their September 5, 2019 meeting. The petitioner team suggested in their presentation: this 37.62-acre property, which is surrounded on all sides by the same FLUE/FLUM designation as the subject site, provides a “transition” that is comparable to the mile-wide Urban Residential Fringe Subdistrict (along the east side of Collier Blvd. and south of I-75 and Beck Blvd.) covering thousands of acres and that lies between two distinctly different FLUE/FLUM designations; or to the four square mile Urban-Rural Fringe Transition Zone Overlay covering more than 2,500 acres (north and northwest of the subject site and comprising Heritage Bay PUD), which internally comprises two distinctly different FLUE/FLUM designations. The petitioner team committed to the CCPC that this development would provide only sing le-family detached residences. There was one speaker at the CCPC meeting; that person did not express support or opposition but requested the same new proposed regulations apply to his property. The CCPC voted [6/0] to forward the subject petition to the Board with a recommendation to transmit to the Florida Department of Economic Opportunity and other statutorily required review agencies. STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: Same as to the CCPC ‒ That the Board not approve petition PL20180002668/CP-2018-7 for transmittal to the Florida Department of Economic Opportunity and other statutorily required review agencies. However, if, and only if, the Board is inclined to approve this petition, staff recommends the density be reduced to 1 DU/A (37 DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the site for Immokalee Road widening) – as reflected in the CCPC staff report. 9.A.d Packet Pg. 212 Attachment: Trans_Ex_Summary_18-7_rev_FNL (12022 : Ventana Pointe Residential Overlay) - 4 - [Staff reminder: This GMP amendment follows the Expedited State Review process. Chapter 163.3184 (3)(c)1, Florida Statutes, provides that the County Board (local governing body) shall hold its Adoption (second public) hearing within 180 days after receipt of agency comments, unless extended by agreement with notice to the DEO (state land planning agency) and any affected person that provided comments on the amendment. This notification, review and comment process period is approximately 7.5 months (225 days) from the time the County Board holds its Transmittal (initial public) hearing.] Prepared by: Corby Schmidt, AICP, Principal Planner, and David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section, Zoning Division, Growth Management Department 9.A.d Packet Pg. 213 Attachment: Trans_Ex_Summary_18-7_rev_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 1 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION COMPREHENSIVE PLANNING SECTION HEARING DATE: September 5, 2019 SUBJECT: PETITION PL20180002668/CP-2018-7 2018 CYCLE THREE GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] ELEMENT: FUTURE LAND USE APPLICANT/AGENTS Applicant: Ryan Zuckerman Owner: Carole Construction of Naples, Inc. RJH II, LLC 1100 Cypress Woods Drive 7466 NW 51st Way Naples, FL 34103 Coconut Creek, FL 33073 Agents: Robert J. Mulhere, FAICP Richard D. Yovanovich, Esq. Hole Montes, Inc. Coleman, Yovanovich & Koester, PA 950 Encore Way 4001 Tamiami Trail North, Suite 300 Naples, FL 34110 Naples, FL 34103 GEOGRAPHIC LOCATION The subject property, consisting of ±37.62 acres, is located on the south side of Immokalee Road, along the west side of Richards Street, and along the north side of Sundance Street, approximately two miles east of Collier Boulevard (CR 951), in Section 25, Township 48 South, Range 26 East. REQUESTED ACTION This petition seeks to establish an Overlay designation in the Future Land Use Element (FLUE) by amending: 1) Policy 1.9, to add the new Ventana Pointe Residential Overlay; 2) Overlays and Special Features, to add the new Overlay provisions; 3) Future Land Use Map Series list, to add the title of the new Residential Overlay inset map; 4) Countywide Future Land Use Map to depict the Overlay; and, 5) Future Land Use Map Series to add an inset map depicting the Overlay site. 9.A.e Packet Pg. 214 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 2 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE The Overlay text, Countywide Future Land Use Map, and FLU Map Series inset map proposed by this amendment are found in Resolution Exhibit “A”. PURPOSE AND DESCRIPTION OF PROJECT The petition proposes the new Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District (RFMUD) Receiving Lands that: allows a maximum residential density of 2.05 dwelling units per acre (DU/A) yielding 77 DUs; utilizes Transfer of Development Rights Credits (TDRs) for this property that would otherwise be ineligible due to being less than the minimum 40 acres required in the RFMUD; provides for bonus TDRs for native vegetation retention beyond that required in the RFMUD; and, provides for a bonus DU for each TDR redeemed (2 for 1). [Note: This petition was originally submitted to allow 95 DUs (2.53 DU/A) and access to Richards Road; shortly before drafting of this Report, the density was reduced to 77 DUs, access was changed to Immokalee Road, and a landscape buffer provision was added. As a result, some petition materials may still reference or be based upon the original submittal provisions.] FUTURE LAND USE DESIGNATIONS, ZONING AND LAND USES: Existing Conditions: Subject Property: The subject property, which comprises ±37.62 acres, is designated Rural Fringe Mixed Use District (RFMUD) Receiving Lands, which generally provides for higher [land use] densities in an area with fewer natural resource constraints (than Sending Lands) and where existing and planned public facilities are concentrated. The property is zoned A-RFMUO, Rural Agriculture and Rural Fringe Mixed Use Overlay Receiving Lands and is undeveloped and wooded. FUTURE LAND USE MAP EXCERPT (Note: subject site is not to scale – is much smaller than appears on map) Surrounding Lands: North: To the north, across Immokalee Road, lands are designated RFMUD Receiving Lands and are within the Urban-Rural Fringe Transition Area Overlay. It is zoned Heritage Bay MPUD (Mixed Use Planned Unit Development), and is developed with residential units, lakes (former quarry) and conservation areas. 9.A.e Packet Pg. 215 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 3 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE East: To the east, across Richards Road, lands are designated RFMUD Receiving Lands and zoned A-MHO-RFMUO Receiving Lands (MHO-mobile home overlay). There is a County stormwater retention area then undeveloped lands. South: To the south, across Sundance Street, lands are designated RFMUD Receiving Lands and zoned A-RFMUO Receiving Lands. They are part of the La Morada residential golf course development. West: To the west, lands are designated RFMUD Receiving Lands and zoned A-RFMUO Receiving Lands. Some parcels are undeveloped and wooded while others contain a single-family dwelling. The Future Land Use Map designates land lying immediately west (and southwest) of the subject property Rural Fringe Mixed Use District-Receiving Lands. In summary, the existing and planned land uses, and zoning, in the area surrounding the subject property are primarily low-density single-family residences and undeveloped acreage parcels. STAFF ANALYSIS Along this segment of Immokalee Road, a six-lane divided arterial, the RFMUD Receiving Lands comprises a 3-mile corridor. It begins one mile east of Collier Blvd. and extends east to Golden Gate Estates. Land uses along this corridor, running west to east, are generally identified below. North Side of Immokalee Road • 1st Mile: A portion of the 2,562-acre Heritage Bay PUD/DRI approved for 3,450 DUs (gross density of 1.35 DU/A), 66 acres/230,000 s.f. of commercial development, 200 ALF units, golf courses, 863+ acres of wetlands, and 677 acres of lakes (487 acres are former quarry). The entire PUD/DRI comprises four Sections (+4 square miles); three Sections are designated RFMUD Receiving Lands and one Section is Urban Residential Subdistrict and Mixed-Use Activity Center Subdistrict. The entire PUD/DRI is also within the Urban-Rural Fringe Transition Area Overlay, established in 2003 by a private sector GMP amendment, which allows the density from the Urban Section to be distributed throughout the Overlay. • 2nd Mile: Bonita Bay East Golf Course, which includes a significant amount of conservation lands, zoned A-RFMUO Receiving Lands. • 3rd Mile: Twin Eagles Golf & Country Club, a residential golf course development, a portion of which utilizes TDR credits; the gross density is <1 DU/A. The development is zoned A- RFMUO Receiving Lands. South Side of Immokalee Road • 1st Mile: Portion of La Morada residential and golf course development; utilizes TDR credits; gross density is < 1 DU/A. Church on 9.35-acre parcel. Two undeveloped, wooded parcels, +8 acres and 17.25 acres. Portion of La Morada. Fogg’s plant nursery on +17.5 acres. An undeveloped, wooded parcel, +17.25 acres. Subject site. All of these properties are zoned A- RFMUO Receiving Lands. Staff’s opinion is there is little opportunity to aggregate properties. • 2nd Mile: County stormwater management pond on +7.7 acres. Four undeveloped, wooded parcels, +18.3 acres, 8.6 acres, +0.5 acres, +0.9 acres. Two parcels containing one single family dwelling and a horse training facility (7.25 acres total), and an undeveloped parcel 9.A.e Packet Pg. 216 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 4 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE (+18.4 acres), all three of which comprise a portion of a site for which a 2019 pre-application meeting was held for a church conditional use. A church on +9.1 acres. Three undeveloped, wooded parcels, 3.6 acres, +2.2 acres, +1.4 acres. A church on land zoned MPUD (+35 acres), approved for church, school, child care and ALF-assisted living facility. Two undeveloped, wooded, 0.5-acre parcels. A 22-acre public school site, frontage portion recently cleared. Three undeveloped parcels, each between +1.1 and +1.2 acres. Except for the one MPUD, all of these lands are zoned A-RFMUO Receiving Lands. Staff sees two potential opportunities to aggregate property, one of which is the site of the proposed church CU. • 3rd Mile: Brentwood Lakes (fka Twin Eagles South) platted residential subdivision, cleared and infrastructure work underway; utilizes TDR credits. Two undeveloped parcels comprising +24.4 acres that is the site of a pending GMP amendment and PUD rezoning proposing a mixed-use project to allow 44,400 s.f of commercial, day care, and 129 DUs yielding a gross density of 5.29 DU/A. (Not fronting Immokalee Road is a landscape maintenance business on +15.7 acres.) Nine parcels varying in size from +0.75 to 13 acres – four are undeveloped and wooded, three are in agricultural use, two contain a SFDU each. County stormwater management pond on +5.1 acres. Two parcels in agricultural use, 1.1 and +1.4 acres. All of these lands are zoned A-RFMUO Receiving Lands. Given the small size of most parcels and the existence of SFDUs, staff’s opinion is there is minimal opportunity to aggregate property. In summary, all adjacent properties on the south side of Immokalee Road are limited to 1 DU/5 acres (0.2 DU/A) and agricultural uses by right, and are currently undeveloped or contain a single family dwelling; and all property on south side of Immokalee Road in this 3-mile corridor of RFMUD Receiving Lands are developed or approved with residential density <1 DU/A or agricultural uses or institutional uses allowed by the RFMUO Receiving Lands zoning overlay. It is acknowledged the site fronts on a six-lane divided road, has central utilities available, and is across Immokalee Road from the urban-style development of Heritage Bay. However, staff also notes that Heritage Bay opposite this site is separated by both Immokalee Road and the Cocohatchee Canal, and then within Heritage Bay is a landscape berm and buffer, a local road, then a single row of 1 story dwellings. Further, Heritage Bay has an approved density of 1.35 DU/A. In staff’s opinion, though the proposed density might not be incompatible with surrounding density based upon high level view, it is out of character with the adjacent and extended area development pattern in the RFMUD Receiving Lands corridor along Immokalee Road. Appropriateness of the Site and the Change: The Meyers Research Needs Analysis (June 2018), is part of the supporting data & analysis submitted with GMPA application materials (Exhibit V.D.1.). The Meyers Research analyzes the [specific] need for this number of residences at this location. The Analysis indicates that the projected population growth provides sufficient demand for the density already allowed by the RFMUD Receiving Lands. Staff’s opinion is that this amendment will not increase the countywide population, rather reallocate a small portion of the population growth such that there is an increase to this site of 113 persons (124 persons vs. presently allowed 11 persons). [Calculations: 77 DUs per the Overlay x 2.38 persons per household (countywide ratio) x 0.675 (67.5% - the countywide occupancy rate) = 124 persons.] The amendment will introduce new residential density (77 DUs v. 7 DUs) by establishing 9.A.e Packet Pg. 217 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 5 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE a future land use designation in an area where it is not now allowed. Staff is of the opinion that the proposed GMP amendment is out of character with the surrounding development pattern. Per the petitioner materials, the subject parcel was previously 40+ acres in size; as such, it qualified to utilize TDRs to increase density to a maximum of 1 DU/A. When the County acquired a portion of the site to expand Immokalee Road ROW, resulting in the parcel size of 37.62 acres, the land owner was compensated, presumably for the value of the changes to property rights and made whole. This overlay would now return the rights to the property owner to use TDRs plus double the allowable density through a “buy one get one” allowance. The petitioner notes similarities between this site and proposed overlay with the Urban Residential Fringe (URF) Subdistrict and contends that the overlay provides for a transition between Urban and Rural Fringe areas/densities. The URF: is located along the east side of Collier Blvd., a 6-lane divided road, from Beck Blvd. (near I-75) south to US 41 East; is served by central utilities; is one mile wide; comprises +8.5 Sections (+5,400 acres); limits density to 1.5 DU/A or 2.5 DU/A with use of TDR credits; is intended to serve as a transition between higher densities allowed on the west side of Collier Blvd. (Urban Residential Subdistrict, 4 DU/A base and potentially higher if qualifying for a density bonus(es) and the RFMUD to the east (mostly Sending Lands, 1 DU/40 acres); and, is within the Urban FLUM designation. Staff notes this small property fronts a 6-lane divided road and is served by central utilities, but it provides no transition as it is +0.9 mile east of the urban boundary - it is an island surrounded by RFMUD Receiving Lands limited, residentially, to a rural density of 1 DU/5 acres (0.2 DU/A) - or up to 1 DU/A utilizing TDRs but only for projects of >40 contiguous acres (the closest portion of the La Morada project, which uses TDRs, is +660 feet to the west and not fronting Immokalee Road). While staff might characterize the proposed density as urban sprawl, it must be acknowledged that one could argue the presently allowed density is also urban sprawl. RFMUD Restudy White Paper The RFMUD White Paper presents a compilation of public comments gathered from the various meetings and workshops held in the community to solicit public input as well as staff recommendations. One of those recommendations is to consider allowing a density up to two DU/A but only for affordable/workforce housing projects. BCC direction for RFMUD GMP amendments includes for staff to take into account housing affordability, mobility, economic vitality and environmental protection. This petition doesn’t address any of these considerations and specifically doesn’t propose affordable/workforce housing; though there is a proposed density increase for additional native vegetation retention, there is no incentive to do so since the maximum allowable density can be achieved via the purchase of TDR credits and equivalent number of free DUs. Criteria for GMP Amendments in Florida Statutes Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically as listed below. Section 163.3177(1)(f), Florida Statutes: 9.A.e Packet Pg. 218 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 6 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE (f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government that may include, but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. 1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys, data, and supporting documents for proposed plans and plan amendments shall be made available for public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be clearly based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. 2. Data must be taken from professionally accepted sources. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated. However, the evaluation may not include whether one accepted methodology is better than another. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. 3. The comprehensive plan shall be based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research or generated by the local government based upon a professionall y acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. Absent physical limitations on population growth, population projections for each municipality, and the unincorporated area within a county must, at a minimum, be reflective of each area’s proportional share of the total county population and the total county population growth. Section 163.3177(6)(a)2. Florida Statutes: 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. 9.A.e Packet Pg. 219 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 7 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy. j. The need to modify land uses and development patterns within antiquated subdivisions. Section 163.3177(6)(a)8., Florida Statutes: (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. It is incumbent upon the petitioner to provide appropriate and relevant data and analysis to address the statutory requirements for a Plan amendment, then present and defend, as necessary, that data and analysis. Traffic Capacity/Traffic Circulation Impact Analysis, Including Transportation Element Consistency Determination: A Traffic Impact Statement, dated January 25, 2019, prepared by Trebilcock Consulting Solutions, Inc., was submitted with this petition (Exhibit “V.E.3”). It notes that all traffic accessing the property comes from Immokalee Road (35% to/from the east; 65% to/from the west). Collier County Transportation Planning staff reviewed this petition and had no objection to its approval, finding it consistent with Transportation Element Policy 5.1. Environmental Impacts: A Protected Species Survey, dated October 2, 2018, prepared by Earth Tech Environmental, LLC (ETE), was submitted with this petition (Exhibit V.C.1). Environmental specialists with County Development Review Division, Environmental Planning Section, reviewed these documents and provided the following comments: 9.A.e Packet Pg. 220 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 8 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE The subject property is visited by bear, panther, bobcat and other animal species. The levels of protections granted to these animals, along with their habitat found on property, affects the potential for development. The native vegetation on site will be retained in accordance with the requirements of Policy 6.1.1 of the Conservation and Coastal Management Element of the GMP and Section 3.05.07 of the LDC. Public Facilities Impacts: A Public Facilities Report, dated January 29, 2019 (Exhibit V.E.1), was submitted with this petition and concluded there is adequate capacity of public infrastructure to serve the proposed project – potable water, wastewater collection and treatment, solid waste collection and disposal, stormwater management, parks and recreational facilities, public schools, and emergency medical (EMS) and fire rescue services. Appropriate staff reviewed this petition and identified no issues or concerns regarding impacts upon public infrastructure. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS The application team held a Neighborhood Information Meeting (NIM) in the Sanctuary of the Peace Lutheran Church, located at 9850 Immokalee Road, Naples on June 12, 2019, at 5:30 p.m. as required by Section 10.03.05 F. of the LDC. This NIM was advertised, noticed and held jointly for this GMP amendment petition and companion PUD rezone petition [which is not under formal consideration with this GMPA transmittal hearing]. Approximately fifteen people other than the applicant team and County staff attended ‒ and heard the following information: Robert Mulhere (agent representing the applicant) of Hole Montes, presented an overview of the proposed development, and how it first required amendments to the County’s Growth Management Plan. He explained that this Plan amendment was a full-scale amendment that will be heard by the Planning Commission and the County Board for both transmittal and adoption hearings over a number of months. Mr. Mulhere pointed out the property location fronted on three sides by Immokalee Road (N), Richards Street (E) and Sunset Road (S). This project is designed to access directly onto Richards Street with its main entry and an additional emergency-only access. He identified a number of residential developments nearby, including La Morada and Bent Creek. This project is designed to develop predominantly the southerly half of the property residentially, while protecting those less-developable [natural] areas characterizing the northerly half. Mr. Mulhere invited, heard and responded to questions and comments. Several members of the public spoke, asking questions, seeking more information, expressing concerns, and expressing opposition for the proposed project. Many of them identified themselves as being residents of the nearby rural agricultural area, who use and upkeep the private roads Richards Street, Sunset Road and Krape Road. Their comments and concerns included: • How the property is already entitled to a relatively high residential density using TDRs; and, what reasons are given to grant additional, higher density this property? • Traffic congestion; including adopting these local private roads into use by new residential traffic [without proposing compensating improvements, directional signage, etc.], directly 9.A.e Packet Pg. 221 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 9 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE accessing Richards Street at its main entry where vehicles waiting on Richards already do not have the stacking depth to allow additional vehicles, introducing new or additional turning maneuver conflicts crossing through the Immokalee Road medians at Richards Street and Krape Road. • How past or current property owners have allowed [3rd party] ditching or berming along portions of the site resulting with improperly displaced surface water offsite [especially across Richards Street then on to neighboring properties]; and, if property development will discharge its surface waters into these areas to compound the problem, or if the design will attempt to correct these problems and restore a more-natural flow? • How the property, like their own, (was, and) is suitable for low-density development intended by the Rural Fringe [Mixed Use District]. • The County should keep the Rural Fringe Mixed Use District (RFMUD) intact [without the changes proposed by this GMP amendment.] • Project characteristics, The incompatibility of this high-density project with the established surrounding low-density residential area (too narrow, too small), as now planned is out of character with the area. • Impacts on the neighborhood taxes? The agent explained how effects are minimized, as Impact Fees paid by the developer absorb the costs of new or additional services required by the development. • Emergency services and the conflicts of introducing new and additional traffic onto these private roadways, are where problems already apparent; agent answered that Fire District representatives review these proposals for the impacts on their ability to provide services and are addressing these concerns. The strong consensus was expressed in opposition to developing the subject property as proposed. The Information Meeting was ended at approximately 6:30 p.m. This synopsis provides the annotated NIM proceedings. An audio recording of the entire Neighborhood Information Meeting is available on the County’s “I” drive, at I:/GMD/Comprehensive Planning/NIM Recordings & PREAPP Notes. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONCLUSIONS • The subject site and surrounding lands are designated Rural Fringe Mixed Use District Receiving Lands; the Urban designated area is 0.9 miles to the west. • This petition proposes to allow 77 dwelling units (2 DU/A) with the net effect being an increase of 70 DUs. Density is achieved via use of TDRs and a “buy one get one free” density allowance. • Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum density of 1 DU/5 Acres (0.2 DU/A) - or up to 1 DU/A via use of TDRs if >40 acres in size; 9.A.e Packet Pg. 222 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 10 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE agricultural uses; essential services; institutional uses by conditional use (e.g. day care center, ALF, church). • The requested density of 2 DU/A is out of character with the RFMUD Receiving Lands in which the site is located. • The RFMUD White Paper includes a staff recommendation for a density increase to 2 DU/A but only for affordable/workforce housing, and BCC direction is to include consideration for housing affordability, mobility, economic vitality, and environmental protection. The subject site is 37.62 acres and the proposed overlay does not address these considerations. • The subject parcel was previously >40 acres prior to Immokalee Road widening. The owner was compensated for the land taken for that road. • The subject site fronts Immokalee Road (CR 846), a 6-lane divided arterial road, and County water and wastewater service is available to the site. • There are no issues or concerns regarding LOS impacts upon public infrastructure, or upon natural (environmental) resources or historical/archaeological resources. • People attending the Neighborhood Information Meeting expressed opposition to the proposed intensity and density of this Overlay and the companion PUD project. LEGAL CONSIDERATIONS: This Staff Report was reviewed by the County Attorney’s Office on August 16, 2019. The criteria for GMP amendments to the Future Land Use Element and map series are in Sections 163.3177(1)(f) and 163.3177(6)(a)2. and 163.3177(6)(a)8., Florida Statutes. [HFAC] STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: Based on the analyses provided within this report, staff recommends that the Collier County Planning Commission forward Petition PL20180002668/CP-2018-7 to the Board of County Commissioners with a recommendation not to approve for transmittal to the Florida Department of Economic Opportunity and other statutorily required agencies. However, if, and only if, the CCPC forwards the petition with a recommendation to approve, staff recommends the density be reduced to 1 DU/A (37 DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the site for Immokalee Road widening) – as reflected below. (Note: single underline text is added, as proposed by petitioner; double underline text is added, and double strike through text is deleted, as proposed by staff; all subsequent portions of the petitioner’s proposed Overlay text would be deleted.) C. Ventana Pointe Residential Overlay 1. The Ventana Pointe Residential Overlay is located on the south side of Immokalee Road, approximately two (2) miles east of Collier Boulevard (approximately one (1) mile east of the Urban Boundary), and consists of 37.62± acres. The Overlay is within the Rural Fringe Mixed Use District (RFMUD) and is designated as Receiving Lands . 9.A.e Packet Pg. 223 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 11 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE 2. Development within the Overlay shall adhere to applicable RFMUD Receiving Lands standards and regulations, except where otherwise stated in this Overlay and subject to the following: a. Primary access shall be via Immokalee Road. b. The maximum density shall be 77 37 dwelling units. c. Density shall be achieved as follows: as provided for in the Rural Fringe Mixed Use District Receiving Lands for parcels forty (40) acres or larger in size. Staff provides the following reminder: This GMP amendment follows the Expedited State Review process. Chapter 163.3184 (3)(c)1, Florida Statutes, provides that the County Board (local governing body) shall hold its Adoption (second public) hearing within 180 days after receipt of agency comments, unless extended by agreement with notice to the DEO (state land planning agency) and any affected person that provided comments on the amendment. This notification, review and comment process period is approximately 7.5 months (225 days) from the time the County Board holds its Transmittal (initial public) hearing. [Remainder of page intentionally left blank] 9.A.e Packet Pg. 224 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) Agenda Item 9. ‒ 12 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE 9.A.e Packet Pg. 225 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay) RESOLUTION NO. 19- 206 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES TO ADD THE VENTANA POINTE RESIDENTIAL OVERLAY, TO ALLOW A MAXIMUM DENSITY OF 77 DWELLING UNITS THROUGH A BASE DENSITY OF .2 DWELLING UNITS PER ACRE PLUS DENSITY BONUSES FOR NATIVE VEGETATION AND TRANSFER OF DEVELOPMENT RIGHTS FOR A TOTAL MAXIMUM DENSITY OF APPROXIMATELY 2 DWELLING UNITS PER ACRE, FOR PROPERTY WITHIN THE RURAL FRINGE MIXED USE DISTRICT-RECEIVING LANDS, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY TWO MILES EAST OF COLLIER BOULEVARD, IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.62±ACRES. [PL20180002668] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, RJH II, LLC, requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to add the Ventana Pointe Residential Overlay to the Rural Fringe Mixed Use District-Receiving Lands; and WHEREAS, on September 5, 2019, the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and 18-CMP-01041/1502674/11119 10/9/19 Page 1 of 2 Words underlined are additions,words struck through are deletions. 9.A.f Packet Pg. 226 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay) WHEREAS, on October 22, 2019 the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184, F.S.; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3), F.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote this I- day of Qe,4-2) ;- , 2019. 1k`[ E e• BOARD OF 11. COMMISSIONERS CRYST L' ZEL, CLE CO LIE 'O: TY, FL 6 'ID AhiA BY: tte5 0 ' ,j I VI lerk illiam L. McDaniel, Jr., airmani sigria r .only. Approved as to form and legality: 1( A eidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment& Map Amendment 18-CMP-01041/1502674/1]119 10/9/19 Page 2 of 2 Words underlined are additions,words struck through are deletions. 9.A.f Packet Pg. 227 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay) EXHIBIT A VENTANA POINTE RESIDENTIAL OVERLAY FUTURE LAND USE ELEMENT Proposed amendment to the Collier County Future Land Use Element(FLUE)and Future Land Use Map (FLUM) to establish the 37.62± Acre Ventana Pointe Residential Overlay within the RFMU District located on the south side of Immokalee Road, approximately 1.9 miles east of Collier Boulevard. Amend II. IMPLEMENTATION STRATEGY,Policy 1.9,Page 10 as follows: Policy 1.9: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. Ventana Pointe Residential Overlay ED. Natural Resource Protection Area Overlays 13-E. Rural Lands Stewardship Area Overlay F. Airport Noise Area Overlay (IV) 1%G. Bayshore/Gateway Triangle Redevelopment Overlay 6-H. Urban-Rural Fringe Transition Zone Overlay 1I. Coastal High Hazard Area Boundary Incorporated Areas Amend V.OVERLAYS AND SPECIAL FEATURES Starting on Pa V. OVERLAYS AND SPECIAL FEATURES A. Area of Critical State Concern Text Break********************************** B. North Belle Meade Overlay Text Break********************************** C. Ventana Pointe Residential Overlay 1. Ventana Pointe Residential Overlay a The Ventana Pointe Residential Overlay is located on the south side of Immokalee Road, approximately two(2)miles east of Collier Boulevard(approximately one(1)mile east of the Urban Boundary)and consists of 37.62±acres. The Overlay is within the Rural Fringe Mixed Use District(RFMUD)and is designated as Receiving Lands h Development within the Overlay shall adhere to applicable RFMUD Receiving Lands standards and regulations, except where otherwise stated in this Overlay and subject to the following: 1) Primary access shall be via Immokalee Road. Dwelling units shall be limited to single family detached. C. The maximum density shall be 77 dwelling units. Underlined text indicates text to be added for Ventana Pointe Residential Overlay:Struck through text to be deleted. Page 1 of 5 9.A.f Packet Pg. 228 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay) D. Density shall be achieved as follows: LU Base Density: 0.20 dwelling units per acre*;and 2) Additional density may be achieved as follows: a. A density bonus of 0.1 units per gross acre in the Overlay shall be allowed for preservation of on-site native vegetation exceeding, by at least 10%, the minimum LDC required native vegetation retention amount.The density bonuses provided for in LDC Section 2.03.08.A.2.a.(2)(b)ii. shall not be applicable in this Overlay; or b. Through the redemption of Transferable Development Rights (TDRs) as set forth in LDC Section 2.03.07.D.4.;and, c. For each full TDR credit redeemed pursuant to Paragraph b. above, one additional dwelling unit shall be granted if: i. The purchaser of the TDR credits enters into a contract to purchase TDR credits from Sending Lands that have not severed TDRs as of the date of the contract and the owner subsequently severs the TDR credits prior to closing on the sale of the TDR credits; or ii. Such TDRs are granted in accordance with LDC Section 2.03.07.D.4.c.ii.a) — Environmental Restoration and Maintenance Bonus credits or from LDC Section 2.03.07.D.4.c.ii.b)—Conveyance Bonus credits. Within this Overlay, for the purpose of calculating the final total number of dwelling units, a fractional unit shall be converted upward if one-half or more of a whole unit, or downward if less than one-half of a whole unit,to the nearest whole unit value. E. Perimeter Landscape buffers shall be a minimum of twenty-five feet(25') in width and shall, at a minimum, meet the requirements for a Type "B" buffer set forth in LDC Section 4.06.02.C.2. Text Break********************************** D.E. Natural Resource Protection Area Overlay Text Break********************************** E.I3 Rural Lands Stewardship Area Overlay Text Break********************************* F.& Airport Noise Area Overlay Text Break********************************* G. Bayshore/Gateway Triangle Redevelopment Overlay Text Break********************************* H. Urban-Rural Fringe Transition Zone Overlay Text Break********************************* I. 1€L Coastal High Hazard Area Text Break********************************* J. L Incorporated Areas Text Break********************************* Underlined text indicates text to be added for Ventana Pointe Residential Overlay;Streek—flifaugli-text to be deleted. Page 2 of 5 9.A.f Packet Pg. 229 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay) FUTURE LAND USE MAP SERIES Future Land Use Map Activity Center Index Map Mixed Use&Interchange Activity Center Maps Properties Consistent by Policy(5.11, 5.12, 5.13, 5.14)Maps Collier County Wetlands Map Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs Map Future Land Use Map Rivers and Floodplains Future Land Use Map Estuarine Bays Future Land Use Map Soils Existing Commercial Mineral Extraction Sites Map Bayshore/Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps North Belle Meade Overlay Map North Belle Meade Overlay Map Section 24 Existing Schools and Ancillary Facilities Map Future Schools and Ancillary Facilities Map(XIII)Plantation Island Urban Area Map Copeland Urban Area Map Railhead Scrub Preserve—Conservation Designation Map Lely Mitigation Park—Conservation Designation Map Margood Park Conservation Designation Map Urban Rural Fringe Transition Zone Overlay Map Orange Blossom Mixed Use Subdistrict Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Goodlette/Pine Ridge Mixed Use Subdistrict Map Henderson Creek Mixed-Use Subdistrict Map Buckley Mixed-Use Subdistrict Map Livingston/Pine Ridge Commercial Infill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Orange Blossom/Airport Crossroads Commercial Subdistrict Livingston Road/Veteran's Memorial Boulevard Commercial Infill Subdistrict Map Corkscrew Island Neighborhood Commercial Subdistrict Map Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Gordon River Greenway Conservation Area Designation Map Hibiscus Residential Infill Subdistrict Map Vincentian Mixed Use Subdistrict Map Davis—Radio Commercial Subdistrict Map Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map Mini Triangle Mixed Use Subdistrict Map East Tamiami Trail Commercial Infill Subdistrict Map Seed to Table Commercial Subdistrict Map Ventana Pointe Residential Overlay Map Underlined text indicates text to be added for Ventana Pointe Residential Overlay;text to be deleted. Page 3 of 5 9.A.f Packet Pg. 230 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay) EXHIBIT A PL20180002668/CP-20 1 8-7 Off`/ 1201 VENTANA POINTE RESIDENTIAL OVERLAY COLLIER COUNTY, FLORIDA Smokehouse Bay DR J Immokalee RD G) i c+, 1 fl. de x G1 O CD v PROPOSED SUBDISTRICT at o r Cannon BLVDSund ;I, -4Cab, P/ nes D/i ADOPTED-XXXX,XXXX LEGEND Ord No XXXX-X) 0 250 500 1,000 Feet v I 1 I I I 1 I I I rr PROPOSED SUBDISTRICT 1 Pape 4 of 5 Page 4 of 5 9.A.f Packet Pg. 231 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay) INEW7, I 1483 I T473 I T483 I T493 I T 50S I TII1S I 1523 I T535 I I 1 : I U. 11- V14: 4; 1" 01; 5• 1 1. 1, 8 540P.,. 2x, 40-1,, x 1 I i 1 8) iPii' 01Z11.:, i CIPX, ViNlaAg I z 1 11 1 1 Nil I i - i 1 • lig. f - s 1 . i I Fa 11 i j 1 iiii ! lift 011 1 11' g I a. g F. :" ! ii R- --,,,.. 4- - F. i :' R - - . i -,-;_:-;:?.., x- t --;:-."' • - 2 . iLj i !! 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Page 5 of 5 I 1413 I 1473 I T485 I 1 493 I TSOS I 1513 I T 52S I T 53S 9.A.f Packet Pg. 232 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay) 9.A.g Packet Pg. 233 Attachment: BCC Affidavit & Advertisement 11590 & 12022 (12022 : Ventana Pointe Residential Overlay) 9.A.g Packet Pg. 234 Attachment: BCC Affidavit & Advertisement 11590 & 12022 (12022 : Ventana Pointe Residential Overlay) N(,TI(,E OF PUI'LIG TTEA}IINU NOTICE OF INTENTTO CONSIDER ORDINANCE(S) Noticr i! h..cby glv6n that the Coli.r Connv Bo.rd ol Coonty Commi3llon.l! will hold a publlc hearing on &t l/|lh, lm, cotfirt.fthg .t 9.@ a.6., in ihe Bo€rd of County CommissionoB Chamb€r, Third Floor, C,ollla CotJnty Oov.mm.. C€ota., 3290 Tamiami Treil East, Naples, FL. Th. prrp@ ol th. haing b lo co.Bdor . AN OTT'INANCD OT T{E IOARD OF COI]NTY COMMTSSIONERS AMENDINC ORDINANCE E!I.05, AS AMf,NDDD, TEE COLLIEN COUNTY GROWTE MANAGEMf,M PLIN, SPECIFICAJ,LY AMf,NDINC If,I TUTUNX I.AND USE ELEMENT AND MA} AIRIES To ADD T1IE VET{IANA POINIE RESIDENTIAL OVE,TY,TOA.OWAMAXIMI,MDENSITYOT.,7DWELLINGI,NITSTIIROUGEABASf,DENSITYOF .2 DWf,I,I.ING I,INITS PER ACX.E PLUS DENSITY EONUSES FOR NATTVE VEGETATION TID TR.INSIER OT Df,VDI'IMf,NT RIGXTS NON A ToIAL MAXIMI'M Df,NSITY OF APPRo)(IM,1IIELY 2 I'Wf,LLII{G UNITS IDN TCNf,, FOR 'NOPERTY PITEIN TEE RIJRAL FnINGE MIXDD USE DISTRTCT-Rf,Cf,N'ING I.ANDS! AND rI]XTEERMORE DIXECTING TRA},'SiflTTAL OF THE AMDNDMENT TO TuE FLORIDA DE'ATTMDNTOTECONOidIC OPPOXN'{TY. THf, SIIEJDCT PROPERTY TS LOCAIED ON TEE SOUTE SIDE Or IIUMOTALf,E nOlD, A.PIRO)aIUAIELY TWO MILf,S f,AST OE COLLIER BOULEVAXD, IN Sf,CTX)N 25, I()S'NSEP 1' IX)UTB. NANGE 25 EAST, COLIJER COUNTY, TLORIDA" CONSISTING OF 37Jtr ACIf, & Ifl '01S00266t1 &. AN O 'NANCD OT TED BOAND OF COi]NTY COMIIIISSIONf,X.S OT COLIIER COI'NTY, II-oXIDA AMf,NIIING OnDINANCa NUMBDn 2004{1, AS AMENIIED, TIID COLLIER COUNTY IrU\D I'IVDII)|MINT CODf,, Wf,lCS ESTABIISED TEE COMPXEHENSII'E ZONING RECI.rL,{I!ONS TOR TtrI I'NINCOTFOR,/TTED ANDA OT COIJJER COUNTY, FLORIDA BY AMENDING TXf, APPNOPRI,ATf, Z)NING Aru$ M P OR MA}S BY CtrANGING Tf,E Z'NINC CL SSIFICATION OT TEE EEREIN DESCITED nlAI PNOPERTY TROM A RI'RAL AGHCULTURI (A) ZONING DISTruCT }TIIIIN T{E NI, TL TTGE ITOGD USE DISTnICI dERJ,IY.RECEIVING LAIIDS To A RESII,ENTIAL PI,,AJ{I{ED I,'T{IT I'EVEI.OIMENT GPUD) ZONTNG DII|TRICT TOR TIIE PNOJDCT TO BE KNOT'N AS VENrANA FOINTE RIUD, TO AIII}W OONSTRUCTION OF L? TO 77 DE-IACEED SINCLE TAMILY DWELLING IJNITS ON PTOIARTY I,OCATED ON TEE SOUTU SIDE OT IMMOK LEE ROAD, I}PROXII}'AIELY TWO MrLX! EAST OP COLIlf,n EOITLEV .RD,IN SECTTON 25, mWNSHrP a6 SOlIru, nANGf, 25 f,AnT, CONSISTING Or 37.62+ ICLESi AND BY PROyIDING AN EFFf,CTwf, DATE. 1PL20r800026591 lmmoka lee RD o =E .9 oo Proiect Location z oIo Eo .9 = Golden Gate BLVD Wo All lnl.[tt d p.nb .r! invltod lo.pp.ar and bo h6ard. Copiao of th6 poposrd ORDI A;TCE{SI will b€ made a\rtgtbL lor inlpac{on at tha GMD Zoning Oivbion, CoftprEh€ngivo Planning S€clion, 2800 N. Horsosho€ Dr., rpL., FL.; bdwo.n th. hou6 ol SiOO lU. and S:OO Plir., Monday th;ugh Fruay. Furlhernoie, lh6 firatdLla wlll ba mada avaihbL lor insp€c1ion et th6 Colliar Counly Clorkb Otfice, Fourlh Floor, Sult6 401. CollLr County Govammani Carltor, Easl Napha,. one w6€k pior td lho schodulod h6aring. Any quostions partahhC to lha documant! should ba dir€cted lo tha GMD Zoning Dfulsion, Comprchanslvo Planning S6ction. lirdtnn cohm.nt! flbd wlth tho Cl6rk to ths Boardb Otlico prior to July l alh, 2@ will be Igad ahd considered rt th. Frulc h..ring, Ar parl ol ]l ongoing initiatlvc to p.omote social distancing dunng the COVD-I 9 panclemlc, lhe public will havo lha oppo.tunity to providc public cornmonts remolely, as woll as ln po6on, during lhis proc€eding. hdividuals who $rould lik io perticipeto l€molaly, should Egister any time eft6r the agencla is posted on th6 Counv xrabalt! which b I da),! b.iorg tho mo€tlng lhlotrgh lhe link provial€d on lhe iloi page d thq County website at wrffr.oolliEoulM.Co/. lndividuals rvho Eglstewlll llceive an emEil in aclvancg of th6 publlc hesing d€lailing how lrr.y c!,l pantcbdt llnEtoly in lhls mo6ling. For additronal intormatlon aboul the me€ting, ploase call 'Ihoiilar Cbka at 252-2526 or €rl|ail to gcc-MrtuaiMetingsocllliorcou4/fl.gov Any paraon uho daoldoa to app€al any decision o,l lh€ Colll€r County Bord o( County Commisslonels will naad r Ecord ol lha plocredhrgs pa alning th€rslo afld thooforo, riay n6€d to orlsulE that a v€rbstim r€cord ol tha prraadh0E b .nda, whidr ncord includ€a lhe lGtimony and ovldoncs upon which tha appeal is bas€d. [ ]€u .t r paooal wlth a dbability who n€€ds eny accommodation in o.d€r to particlpele in this poceeding, you elt aallllLd, at no cost to you, to lhe plDvisbn of certain aBabtanco. Plees. contacl lh6 Collior County Facilities illlrCrrl.nt Divl6io.r, locrt d !t 3lxi5 Trml''nl Trril E Bt, Suite 101, Nepl6, FL 34112-5358, (239) 252-8:)80, at laatt luo dayr Fioa to tha maatng, Arsirtod liltoning dovlcos lor the h€qrlng impailrd alE availablo in tho Bord ol Corx[y Comml.donr! Ofllce. BOAND OF COUNTY COMMISSONEFS co[rEn couNw. FLoHtoA BUFfi L. SAUNDEFS, CMlRtvlAN Cft'STAL K. KINZEL, CLERK OF THE CIRCUIT COUFT & COMSTROLLER Byi Ann Je taiohn oasry o?k (sEAL) PttHoi O.t.; J(,[ 24, ir(I20 I2A I WEDNESDAY, JUNE 24,2020 I IIA'LES DAILY I{EWS 9.A.g Packet Pg. 235 Attachment: BCC Affidavit & Advertisement 11590 & 12022 (12022 : Ventana Pointe Residential Overlay)