Backup Documents 07/14/2020 Item # 9A & #9B (Ventana Presentation)VENTANA POINTE RESIDENTIAL OVERLAY
FUTURE LAND USE ELEMENT AMENDMENT
PL-20170004419/CP-2018-1
GMPA Adoption Hearing & Companion RPUD Rezone
Collier County BCC
July 14, 2020
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Aerial/Location
Proposed Subdistrict
Veterans Memorial Blvd
Livingston Rd
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Future Land Use Map
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Future Land Use Map
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Heritage Bay DRI
La Morada
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Subject parcel 37.62;
Within 1 mile of Urban Boundary;
Has Central Sewer and water available to serve site;
Direct access to arterial road (Immokalee)
Undeveloped Ag Zoned RFMUD Receiving Parcels within 1 Mile of Urban Boundary
One Mile from Urban Boundary
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VENTANA POINTE RESIDENTIAL OVERLAY
FLUE (AND FLUM) AMENDMENT
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NATURE OF PROPOSED GMP AMENDMENT
Subject property designated (RFMUD). Request is for maximum density of 2.04 units per acres (77 units).
+/1.9 miles east of Collier Blvd., and +/- 0.9 miles east of Urban Boundary.
This Receiving Area, within one mile of the Urban Boundary, has mostly been developed in the form of master planned single-family and villa development.
Overlay does not establish a precedent for increased density throughout non-Village Receiving lands as there are few other lands located within 1 mile of Urban Boundary, with direct
frontage on Immokalee Road, served by C.C. County Utilities with other public services/facilities available to serve development.
Density of 2.04 units per acre - about ½ of that allowed as a base Urban Area (4 units/acre).
Transition from Urban to the lower density Non-Village Receiving & Estates lands to the east.
Similar to transitional Urban Residential Fringe, which allows a density of 1.5 units/acre base but can be increased to 2.5 with acquisition of 1.0 TDR/acre).
Reasonable incentive to develop while still providing transition to lower density to the east.
In addition to this parcel, only 74.51 acres of Ag zoned RFMUD Reeving Lands which are not platted or developed as located wihtn1 mile of Urban Boundary.
The Overlay is not adjacent to any lands designated or zoned E-Estates.
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BCC Transmittal Hearing
BCC Approved Transmittal with the following language:
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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 4.06.02C.2.
and may include a sidewalk with the east and south perimeter buffers.
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NATURE OF PROPOSED GMP AMENDMENT
Reasonable incentive to develop while still providing transition to lower density to east.
Under GMP Currently:
Base Density: 7 DUs
To develop at 1.0 units per acre (as presently allowed): Total of 30 TDRs required.
Total 37 Units
Under proposed GMPA (Ventana Pointe Overlay)
Based Density: 8 DUs
To develop at 2.04 units per acre (under GMPA): Total of 35 TDRs required.
Total 77 Units
Estimated Costs
Turn Lane on Immokalee Road +/- $250,000
TDRs $680,000.00 (+/- $19,428 per TDR– premium price)
Estimated Mitigation for Impacts +/- $850,000
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VENTANA POINTE RESIDENTIAL PUD
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Neighborhood Information Meeting (NIM)
(For both Petitions)
NIM held on Wed., June 12, 2019 at Peace Lutheran Church, 9850 Immokalee Road,
15 members of the public in attendance
Major concerns expressed:
Using Richards Road for access
Buffers (particularly adjacent Richards Rd and Sundance
Density (at +/- 2.5 units per acre) – 95 units)
No one spoke in opposition at Transmittal Hearings
Now Immokalee Road
Now 25 Feet in Width & Type B Plantings
Now 2.04 units/acre - 77 Units
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LDC Required Native Veg for RFMUD Receiving: 40% of existing native vegetation, not to exceed 25% of site.
Required by LDC for Ventana RPUD: 25% of site = 9.63 acres (37.62 x .25)
Provided: 9.63 acres
Additional Open Space/Buffers above Code Requirements: 2.33 acres
Total Preserve + Additional Open Space/Buffers : 11.86 acres
Total Open Space Provided: 25.18 acres
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Minor Revisions Requested At CCPC (in GMPA and RPUD):
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RPUD
III. REQURIED PERIMETER LANDSCAPE BUFFERS:
All perimeter buffers shall be 25 feet in width, at a minimum, and shall provide, at a minimum, plantings equivalent to a Type “B” Buffer as set forth in LDC Section 4.06.02.C.2. The Preserve
Tract may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. The east and south perimeter
buffers may include a 5’ wide sidewalk. As part of the initial subdivision plat, the developer/owner shall either convey six foot wide sidewalk easements to Collier County without
County responsibility of maintenance, in a form acceptable to Collier County, and install the sidewalks at the developer/owner’s sole expense as part of the initial subdivision plan
improvements or alternatively make a payment-in-lieu as provided for in LDC Section 6.06.02.D. The six-foot-wide easement may be located within the east and south perimeter buffers,
at developer’s discretion.
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Correcting Trip Cap from 97 t0 79:
3. TRANSPORTATION
The maximum total daily trip generation for the PUD shall not exceed 97 79 two-way PM peak hour net external trips based on the use codes in the ITE Manual on trip generation rates in
effect at the time of application for SDP/SDPA or subdivision plat approval.
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20’ planting area
5’ sidewalk
25’ buffer
Matching 30’ Easement
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LOTS
15’ Platted Open Space Strip
Preserve
25’ Perimeter Buffer
(with Type B plantings)
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CONCLUSION:
The requested Overlay makes sense and is needed to generate reasonably market interest in the parcel given the cost to purchase and additional costs to acquire TDRs.
Acquiring TDRs will compensate Sending landowners for the loss of value (primary objective of the TDR program)
This is not precedential in that the parcel:
(1)Was 40 acres prior to taking;
(2) 2.0 units per acre;
(3) Has access to CC sewer and water services;
(4) Has direct aces to arterial roadway (Immokalee);
(5) Is located within 1 mile of urban boundary (and is a reasonable transitional density from Urban to Rural)
(6) Providing enhanced buffers for compatibility.
(7) 2.0 units per acre, clustered is compatible and appropriate in this location.
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Questions?
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Ventana Pointe GMPA CCPC Transmittal
Subject parcels is 37.62 acres in size;
Was 40.56 acres in size prior to taking of 2.94 acres for widening of Immokalee Road;
From Order of Taking – May 13, 2002 (OR 3292 PG 0141)
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Ventana GMPA Transmittal 10-22-19
Subject parcels is 37.62 acres in size;
Was 40.56 acres in size prior to taking of 2.94 acres for widening of Immokalee Road;
9.03.07 - Nonconformities Created or Increased by Public Acquisition
A. Applicability.
1. For purposes of this section, "acquisition" means any method of acquiring private property for public use, including dedication, condemnation, or purchase.
2. This section applies to the acquisition for present or planned public use by the following party or parties: (i) Collier County; (ii) another governmental entity; (iii) public or
private utility companies providing public service; and/or (iv) a private party or parties under agreement with Collier County or other government entity.
B. Lot Area
1. Unimproved Lots: If an unimproved lot has sufficient area for the subdivision of three (3) or fewer conforming lots, and part of the lot is acquired for public purpose, then it may
be subdivided after the acquisition to the same number of lots that could have been achieved prior to the acquisition. Each newly created lot must contain at least eighty (80) percent
of the required minimum lot area.
2. Improved or Unimproved Lots. No conforming lot otherwise qualifying for a lot split or lot line adjustment pursuant to the provisions of this Code may be denied approval solely on
the grounds that the resulting lot or lots would be less than the required minimum area for such lot(s) in the applicable zoning district as a result of acquisition, from Feb. 14, 2006,
if the newly created lots contain at least eighty (80) percent of the required minimum lot area.
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Ventana GMPA Transmittal 10-22-19
C. Other Nonconformities:
1. Required yards on improved lots, lot coverage on improved lots, and lot dimensions rendered nonconforming or more legally nonconforming as a result of a portion being acquired for
public use, may be reduced by the same dimension, area, or amount involved in the dedication, condemnation, purchase, or similar method of acquisition; and
3. Any other site related nonconformity or site related condition resulting from the acquisition, including those rendered more nonconforming, shall be considered legally nonconforming,
including stormwater management facilities, landscaping, open space, native vegetation, conservation areas, buffers and preserves, on- or off-site parking, vehicle stacking, throat
lengths, or non-structural architectural design standards.
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RFMUD History
Est. 2002 in response to Governor’s Final Order (ACC-99-002June 1999)
The Final Order required modifications to the GMP to address three specified areas.
Identify and propose measures to protect prime agricultural areas.
Direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal
species and their habitats.
Assess growth potential of the Area … assessing potential conversion … to other uses, in appropriate locations, while discouraging urban sprawl, directing incompatible land uses away
from critical habitat and encouraging development that utilizes creative land use planning techniques including, but not limited to, public and private schools, urban villages, new
towns, satellite communities, area-based allocations, clustering and open space provisions and mixed use development
County Bifurcated process into 2 Study Areas RLSA and RFMUD
RFMUD contains 77,00 acres (Receiving (+/- 23,000), Sending +/- (41,000 acres) and Neutral (+/- 13,000 acres)
Receiving Lands were identified as most appropriate for development
TDRs may be transferred from Sending to Receiving. Receiving lands have lesser environmental or listed species habitat value compared to Sending
Max base density in non-Village Receiving is 0.2 DUs/acre. Can be increased on parcels of at least 40 acres to 1.0 DUs/acre.
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RFMUD History
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In ensuing years, it became apparent that the RFMUD program needed to be restudied.
Early 2014 ,coalition of RFUMD Landowners funded a Study to identify concerns and recommended changes to RFUD program.
January of 2015, the Coalition funded Report on the Rural Fringe Mixed Use District - Recommendations for Programmatic Changes was presented to the BCC (24 specific recommendations).
BCC directed staff to conduct Restudy (consider all 24 recommendations).
Staff determined that seperate restudies should also be conducted for the RLSA, IAMP, & GGAMP/ BCC directed staff to proceed on 2-10-15.
Staff recommended increasing density to 2.0 units per acre fro non-Village parcels (8-18-16 CCPC Presentation)
Staff has consistently recommended that the Minimum project size of 40 contiguous acres be eliminated (Staff White Paper 1/3/2017)
Now more than 4.5 years later and the RFMUD Restudy is still under review, no determination of when it may be concluded.
That is why this GMPA was privately submitted, to effect very limited and reasonable changes.
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