Agenda 09/24/2024 Item # 9A (JLM Living East Residential multi-family dwelling)9/24/2024
Item # 9.A.
ID#: 2024-756
Executive Summary
Recommendation to amend Collier County Growth Management Plan to add the JLM Living East Residential Overlay to
allow a maximum density of 305 multi-family dwelling units with affordable housing for property within the Rural
Fringe Mixed Use District- Receiving Lands. The subject property is located on the south side of Immokalee Road, east
of Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, Collier County, Florida, consisting of ±37.2
acres. (PL20220003804) (Companion to items 9B & 17A (PL20220003805 and PL20230007642)) (Adoption Hearing)
OBJECTIVE: To have the Board of County Commissioners (Board) approve (adopt) the proposed small-scale Growth
Management Plan (GMP) amendment to create a new subdistrict to permit the 305 multi-family rental units.
CONSIDERATIONS: The subject petition is submitted as a small-scale comprehensive plan amendment (a/k/a Growth
Management Plan Amendment - GMPA). As such, per Florida Statutes, the request is heard once only by the Collier
County Planning Commission (CCPC) and the Board. If approved by the Board, the petition is transmitted to the Florida
Department of Commerce.
The GMP amendment requested is approximately ±37.2 acres and located about 1.6 miles east of Collier Blvd.
(Approximately 0.2 miles east of the Urban Boundary) in Section 25, Township 48 South, Range 26 East. Collier
County, Florida. This petition seeks to amend the Future Land Use Element. The proposed Subdistrict text, as
recommended for approval by the Collier County Planning Commission (CCPC), is in Ordinance Exhibit “A.”
The process for adoption of a small-scale comprehensive plan amendment requires (in part) the following statutory
standards be met [followed by staff analysis in bracketed and italicized text].
(1) A small-scale development amendment may be adopted under the following conditions:
(a) The proposed amendment involves a use of 50 acres or fewer. [The proposed amendment pertains to a 37.2-
acre property.]
(b) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local
government’s comprehensive plan but only proposes a land-use change to the future land-use map for a site-
specific small-scale development activity. However, text changes that relate directly to and are adopted
simultaneously with the small-scale future land use map amendment shall be permissible under this section.
[This amendment is for a site-specific Future Land Use Map change and directly related text changes.]
(c) The property that is the subject of the proposed amendment is not located within an area of critical state
concern unless the project subject to the proposed amendment involves the construction of affordable housing
units meeting the criteria of s. 420.0004 (3) and is located within an area of critical state concern designated by s.
380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not within an
Area of Critical State Concern.]
(4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan
pursuant to s. 163.3177. [Internal consistency will be maintained between and among elements if the amendment is
approved.]
Based on the review of this small-scale GMP amendment petition, including the supporting data and analysis, staff
makes the following findings and conclusions:
• The purpose of this GMPA and companion PUDZ zoning petition is to permit the development of 305
multi-family rental units.
• There are no adverse environmental impacts
• No historical or archaeological sites are affected by this amendment.
• There are no concerns about impacts on other public infrastructure.
• The use is generally compatible with surrounding development based upon the high-level review
conducted for a GMP amendment.
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The documents provided for the amendment support the proposed changes to the FLUM. The complete staff analysis of
this petition is provided in the CCPC Staff Report.
FISCAL IMPACT: The cost to process, review, and advertise this petition was borne by the petitioner via application
and advertisement fees. Therefore, there are no fiscal impacts to Collier County as a result of the adoption of this
amendment.
GROWTH MANAGEMENT IMPACT: Adoption of the proposed amendment by the Board for transmittal to the
Florida Department of Commerce (Florida Commerce) will commence the thirty-day (30) challenge period for any
affected person. Provided the small-scale development amendment is not challenged, it shall become effective thirty-
one (31) days after receipt by Florida Commerce.
STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: Have CCPC
forward petition PL20220003804 to the Board with a recommendation of approval.
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC heard Petition
PL20220003804, GMPA JLM Living East Overlay, on January 4, 2024, and voted unanimously 7-0 to forward this
petition to the Board with a recommendation of approval provided staff and the applicant work out the limitation of
housing types to single-family attached, detached, and duplex type structures. Following the hearing, staff and the
applicant agreed on language for each condition. One condition, the limitation on housing types, is reflected in the
attached ordinance, and the remaining conditions are in the proposed PUD Ordinance.
LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized and subject to the
procedures established in Chapter 163, Part II, Florida Statutes, The Community Planning Act, and 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), FS. In addition, Section 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 inconsistent with the community's character.
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.
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. (HFAC)
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RECOMMENDATIONS: To adopt and approve transmittal of petition PL20220003804 to the Florida Department of
Commerce and other statutorily required agencies.
PREPARED BY: Parker Klopf, Planner III, Zoning Division
ATTACHMENTS:
1. CCPC Staff Report
2. Ordinance 012424
3. Applicants Backup Material
4. Affidavit of Sign Posting 2024-03-01
5. Attachment - Legal Ad and Sign Posting
6. legal ads - agenda IDs 27668 & 27810 (24-76 & 24-762) - JLM Living East GMPA & PUDZ PL20220003804-PL20220003805
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STAFF REPORT
FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION,
COMPREHENSIVE PLANNING SECTION
HEARING DATE: JANUARY 4, 2024
SUBJECT:
ELEMENTS:
PETITION PL20220003804 /SMALL SCALE GROWTH
MANAGEMENT PLAN AMENDMENT JLM LIVING EAST
RESIDENTIAL DISTRICT (Companion to PUDZ-PL20230003805)
FUTURE LAND USE ELEMENT (FLUE)
AGENT/APPLICANT:
Agent: D, Wayne Arnold, AICP Richard D. Yovanovich
Q Grady Minor & Associates, P. A Coleman, Yovanovich, & Koester
3800 Via Del Rey 4001 Tamiami Trail N. #300
Bonita Springs, FL 34134 Naples, Florida 34103
Applicant: Josh Meyer
JLM Living, LLC
3839 Bee Caves Rd. Suite 205
Austin, TX 78746
Owner: Virginia and Dwight E Landis
2661 Sundance St.
Naples, FL 34120, and others
GEOGRAPHIC LOCATION:
The subject property comprises ±37.2 acres
and is located approximately 1.6 miles east of Collier
Blvd. (approximately 0.2 miles east of the Urban
Boundary).
TO:COLLIER COUNTY PLANNING COMMISSION
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REQUESTED ACTION/ DESCRIPTION OF PROJECT:
The applicant proposes a small-scale Growth Management Plan Amendment (GMPA) to the Future Land
Use Element (FLUE), specifically to establish the ±37.2 acres JLM Living West Residential Overlay within
the Rural Fringe Mixed Use District (RFMUD) that allows up to 305 multi-family dwelling units for rent
which include horizontal single-family attached, detached, and duplex buildings. The concept is detached
and attached “horizontal” rental units in which no unit is located above one another, compared to “vertical”
rental units located above one another.
EXISTING CONDITIONS:
Subject Property:
The subject site is ±37.2 acres, located on the south side of Immokalee Road, approximately 1.6 miles east
of Collier Boulevard. The Future Land Use Map (FLUM) designates the property as Agricultural Rural
within the Rural Fringe Mixed Use District (RFMUD) and further identifies it as Receiving Lands. The
official zoning map shows the site is zoned Agricultural (A). The Future Land Use designation is intended
to accommodate those lands within the Rural Fringe Mixed Use District identified as most appropriate for
development. For the RFMUD, residential development units may be transferred from Sending Lands to
Receiving Lands as part of the Transfer of Development Rights (TDR) program.
Surrounding Lands:
North: Future Land Use Designation; Rural Fringe Receiving. Zoned; Heritage Bay PUD. Land Use;
Single-Family Residential.
East: Future Land Use Designation; Ventana Pointe Residential Overlay. Zoned, Ventana Pointe RPUD.
Land Use; Single-Family Residential.
South: Future Land Use Designation; Rural Fringe Receiving. Zoned, Agricultural/ Receiving district of
the Rural Fringe Overlay. Land Use: Golf Course/preserve area.
West: Future Land Use Designation; Rural Fringe Receiving. Zoned, Agricultural/ Receiving district of
the Rural Fringe Overlay. Land Use; Single Family Residential Development.
In summary, the existing and planned land uses in the larger surrounding area are primarily Agricultural
Uses or low-density single-family residences.
BACKGROUND AND ANALYSIS:
The subject site is Agriculturally zoned and has been vacant except for some single-family residential
development to the south. The adjacent properties are single-family and have a density of 1 dwelling unit
per 5 acres or 0.2 Dwelling Units per Acre (DU/A). Immokalee Rd. is identified as the main access for the
proposed project to the north and Sundance St. to the south, which was previously used by the residences
of the single-family homes on the southern portion of the subject property mentioned previously. LaMorada
Golf Course community is located to the west at a density of 0.77 DU/A. The Ventana Pointe community
was recently approved at a 2.0 DU/A density to the east. (Ord.20-21).
The proposed GMPA establishes a new overlay subdistrict to allow development of up to 305 detached
and attached rental dwelling units over ±37.2 acres with a proposed density of 8.2 DU/A. The applicant
justified the proposed amendment by including a transfer of 30 development rights (TDR) credits to
increase density consistent with the overlay. Additionally, they propose a commitment that 30% (92
units) will be income restricted for housing that is affordable.
More specifically, half of these (46 units) will be rent and income restricted for those making up to 80% of
the Area Median Income (AMI), And half (46 units) being rent and income restricted for those making up
to 100% of AMI. The need for affordable housing in Collier County has been well documented by our
county staff, private sector developers, and members of the public. The data supporting the plan amendment
is a report prepared by the Urban Land Institute in 2017. Additional supporting data was provided in the
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Consolidated Plan for Housing and Community Development 2021-2025. Both reports conclude that
additional affordable housing units are needed in Collier County.
Comprehensive Planning Staff has reviewed the proposed GMPA application and has determined that the
proposed density is less than the density awarded in Section 2.06.03 of the Affordable Housing Density
Bonus table. A density calculation is below:
Base allowable density per FLUE: 0.2 DU/A.
Add 30 TDR credits: +0.8 DU/A.
Proposed Developer Commitment Density Bonuses using LDC 2.06.03:
•15 % of total units at AMI ≤80% = +4.5 DU/A
•15 % of total units at AMI ≤100% = +3 DU/A
Total eligible density: 8.5 DU/A.
Total density requested: 8.2 DU/A.
Based on this information, staff has determined that the density requested by this amendment follows the
density rating system and complies with most of the Affordable Housing Density Bonus (AHDB) section
of the Land Development Code (LDC) except for one footnote. The fourth footnote under the AHDB table
restricts units intended to be used as affordable units that restrict income to between 80% and 120% of the
median income to be owner occupied only and not rentals. Staff believes that a request to change to all
rentals is not an issue as this development will provide for more needed affordable housing within density
parameters consistent with the FLUE.
FLUE Policy 7.3 states, “All new and existing developments shall be encouraged to connect their local
streets and/or interconnection points with adjoining neighborhoods or other developments regardless of
land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of
the Transportation Element.” Staff believes a full secondary access onto Sundance Street would satisfy this
policy. However, the applicant has instead agreed to provide an emergency access on Sundance Street and
has proposed an interconnect with the Naples Classical Academy, located to the west of the subject
property, though the Charter School has given no formal approval.
The applicant has also requested a reduction in the required amount of open space within the RFMU-
Receiving district from 70% to 50% of the site. Typically, the receiving subdistrict of the RFMU Overlay
requires projects utilizing TDR Credits shall provide a minimum of 70% usable open space, while
affordable housing projects that are developed in accordance with Section 2.06.00 of the LDC shall provide
a minimum of 50% usable open space. The proposed overlay intends to include both TDRs and an
affordable housing bonus; thus, staff supports the reduction in required open space.
CRITERIA FOR GMP AMENDMENTS FLORIDA STATUTES:
Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163,
F.S., specifically listed below.
Section 163.3177(1)(f), Florida Statutes:
(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
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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 professionally acceptable
methodology. The plan must be based on at least the minimum amount of land required to
accommodate the medium projections 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 inconsistent with the community's character.
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 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.
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The petitioner must provide appropriate and relevant data and analysis to address the statutory requirements
for a Plan Amendment. The applicant provided the 2017 Collier County Urban Land Institute Affordable
Housing Report for this petition.
Section 163.3187, Florida Statutes:
Process for adoption of small-scale comprehensive plan amendment.
(1)A small-scale development amendment may be adopted under the following conditions:
a.The proposed amendment involves a use of 50 acres or fewer. [The subject site comprises 37.2±
acres.]
b.The proposed amendment does not involve a text change to the goals, policies, and objectives of
the local government’s comprehensive plan but only proposes a land use change to the future land
use map for a site-specific small-scale development activity. However, text changes that relate
directly to and are adopted simultaneously with the small-scale future land use map amendment
shall be permissible under this section. [This amendment includes a text change to the
Comprehensive Plan, and those text changes are directly related to the proposed future land use
map amendment.]
c.The property subject to the proposed amendment is not located within an area of critical state
concern unless the project subject to the proposed amendment involves the construction of
affordable housing units meeting the criteria of s. 420.0004(3), located within an area of critical
state concern designated by s. 380.0552 or by the Administration Commission pursuant to s.
380.05(1). [The subject property is not located within an Area of Critical State Concern.]
(4)Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the
plan pursuant to s. 163.3177. Corrections, updates, or modifications of current costs which were set out
as part of the comprehensive plan shall not, for the purposes of this act, be deemed to be amendments.
[This amendment preserves the internal consistency of the plan and is not a correction, update, or
modification of current costs that were set out as part of the comprehensive plan.]
NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES:
The applicant conducted a NIM at 5:30 p.m. on May 30, 2023, at
the Collier County Government Services Sector located at 15450
Collier Boulevard. The NIM included the companion GMPA,
PL20220003804. Eighteen members of the public signed in in
person. Mr. Arnold, with assistance from other applicant team
members, provided an overview of the project. Concerns from the
public were over traffic and the amount of buffering between the
proposed project and the abutting community to the east (Ventana
Pointe RPUD). Many of the people in attendance stated that they
live in Ventana Pointe. In response to the houses being too close to
Ventana, the applicant extended the 25-foot enhanced landscape
buffer to the southern terminus of the property. The graphic to the
right is the master plan used at the NIM. The extended buffer is
located along the eastern property line. Overall, there was moderate
opposition to the proposed project.
[synopsis prepared by Parker Klopf, Planner III, Comprehensive
Planning Division]
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FINDINGS AND CONCLUSIONS: (FINDINGS PER 163.3177(6)(A)2 A.—J.)
• The JLM Living East Subdistrict proposes a Growth Management Plan Amendment to create
a new overlay district that allows a maximum of 305 multi-family units at a density of 8.2
DU/A.
• The allowable density for the proposed project based on the GMP is 8.5 DU/A, including
required TDR credits.
• Multi-family residential development is comparable and compatible with surrounding
densities.
• The applicant has agreed to provide an emergency access to the project.
• County water and wastewater service is available to the site.
• Transportation system impacts have been identified with this petition.
Environmental Findings:
Conservation and Coastal Management Element (CCME): Environmental review staff has found this
project to be consistent with the Conservation & Coastal Management Element (CCME). The subject
property is ±37.2 acres. The acreage of native vegetation on site was field verified by staff during the
project's review of the Planned Unit Development (PUD). The subject property is currently zoned Rural
Fringe Mixed-Use (RMFU) Receiving.
The proposed GMP amendment has no effect on the requirements of the GMP's Conservation and Coastal
Management Element (CCME). Native vegetation on-site will be retained in accordance with the
requirements of CCME Policy 6.1.2 and section 3.05.07 of the LDC.
Environmental Review: Environmental Planning staff has reviewed the petition to address environmental
concerns. The required preserve is 9.3 acres (25% of ±37.2 acres). The environmental data indicates that
the proposed project is in an area with the potential to contain a variety of protected animal species.
The proposed project is located within the U.S. Fish and Wildlife Service (FWS) consultation area for
Bonneted Bats (Eumops floridanus). Several trees with cavities were observed; however, no evidence
indicated that Bonneted Bats was utilizing the trees. The Florida Fish and Wildlife Conservation
Commission (FWC) wildlife data indicates the presence of Black bear (Ursus americanus floridanus) in the
area. A black bear management plan will need to be included at PPL or SDP review. The Environmental
Data indicates that the subject property falls within the U.S. Fish and Wildlife Service’s (FWS) Secondary
Florida Panther (Felis concolor coryi) habitat. Although there were no observations of panthers onsite, the
project may require panther mitigation.
Finally, Northern needleleaf (Tillandsia balbisiana), Stiff-leafed wild-pine (Tillandsia fasciculata), and
(Tillandsia setacea), listed as ‘Less Rare Plants,’ have been observed on the property and will be protected
in accordance with LDC 3.04.03.
This project does not require Environmental Advisory Council (EAC) review, as this project did not meet
the EAC scope of land development project reviews identified in Section 2-1193 of the Collier County
Codes of Laws and Ordinances. Environmental Services staff recommend approval of the proposed
petition.
LEGAL CONSIDERATIONS: The County Attorney’s Office reviewed this Staff Report on December
4, 2023. The criteria for GMP amendments to the Future Land Use Element are in Sections 163.3177(1)(f)
and 163.3177(6)(a)2, Florida Statutes. The criteria for changes to the Future Land Use Map is in Section
163.3177(6)(a)8, Florida Statutes.
STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission
forward Petition PL20220003806 to the Board of County Commissioners with a recommendation of
approval as proposed.
NOTE: This petition has been tentatively scheduled for the BCC meeting on February 24, 2024.
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ORDINANCE NO. 2024- _______
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 JLM LIVING EAST RESIDENTIAL OVERLAY, TO
ALLOW A MAXIMUM DENSITY OF 305 MULTIFAMILY
DWELLING UNITS WITH AFFORDABLE HOUSING, FOR
PROPERTY WITHIN THE RURAL FRINGE MIXED USE DISTRICT-
RECEIVING LANDS, AND FURTHERMORE DIRECTING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE
FLORIDA DEPARTMENT OF COMMERCE. THE SUBJECT
PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE
ROAD, EAST OF WOODCREST DRIVE, IN SECTION 25, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 37.2± ACRES. [PL20220003804]
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, JLM Living, LLC, requested an amendment to the Future Land Use
Element and Map Series; and
WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is
considered a Small-Scale Amendment; and
WHEREAS, the Subdistrict property is not located in an area of critical state concern or a
rural area of opportunity; and
WHEREAS, the Collier County Planning Commission (CCPC) on January 4, 2024,
considered the proposed amendment to the Growth Management Plan and recommended
approval of said amendment to the Board of County Commissioners; and
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WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and held public hearings concerning the proposed adoption of the
amendment to the Future Land Use Element and Map Series of the Growth Management Plan on
__________________ 2024; 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 Commerce.
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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _____ day of _______________________ 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
__________________________ BY: ______________________________
Deputy Clerk CHRIS HALL, Chairman
Approved as to form and legality:
________________________________
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A – Text and Map
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Exhibit A
COLLIER COUNTY FUTURE LAND USE ELEMENT
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B. LAND USE DESIGNATION DESCRIPTION SECTION
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II. *IMPLEMENTATION STRATEGY
*GOALS, OBJECTIVES, AND POLICIES
*FUTURE LAND USE DESIGNATION DESCRIPTION
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V. Overlays and Special Features shall include:
A. Area of Critical State Concern Overlay
B. North Belle Meade Overlay
C. NC Square Mixed-Use Overlay
D. Natural Resource Protection Area Overlays
E. Rural Lands Stewardship Area Overlay
F. Airport Noise Area Overlay
G. Bayshore/Gateway Triangle Redevelopment Overlay
H. Urban-Rural Fringe Transition Zone Overlay
I. Coastal High Hazard Area Boundary
J. Ventana Pointe Residential Overlay
K. Incorporated Areas
L. Reserved
M. Immokalee Road Rural Village Overlay
N. Collier Boulevard/ Interstate 75 Innovation Zone Overlay
O. JLM Living East Residential Overlay
SECTION III: Amend “V. OVERLAYS AND SPECIAL FEATURES”
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L. JLM Living East Residential Overlay [beginning Page 159]
a. The JLM Living East Residential Overlay is located on the south side of Immokalee Road,
approximately 1.6 miles east of Collier Boulevard (approximately 0.2 miles east of the Urban
Boundary) and consists of 37.2± acres. The Overlay is within the Rural Fringe Mixed Use
District (RFMUD) and is designated as Receiving Lands.
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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 attached, detached, and duplex type
structures on one lot.
c. The maximum density shall be 305 dwelling units. To achieve the maximum allowable
density of 305 units, the first 30 units above the base density of a total of 7.5 units requires
redemption of TDR Credits from Sending Lands.
d. Of the total units constructed, the project shall comply with the following: 15 percent of the
units will be rented to households whose incomes are up to and including 80% of the Area
Median Income (AMI) for Collier County and 15% of the units will be rented to households
whose incomes are up to and including 100% of the AMI for Collier County and the
corresponding rent limits. At each SDP, the SDP shall identify and quantify the 15% of the
units that will be rented to households whose incomes are up to and including 80% of AMI
for Collier County and the 15% of the units that will be rented to households whose incomes
are up to and including 100% of AMI for Collier County. These units will be committed for a
period of 30 years from the date of issuance of certificate of occupancy of the first unit.
Income and rent limits may be adjusted annually based on combined income and rent limit
able published by the Florida Housing Finance Corporation or as otherwise provided by
Collier County.
* 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. Twenty-five percent of the Overlay shall be set aside as native vegetation preservation.
37.2± acres of native vegetation exist on-site requiring a minimum preservation of 9.3±
acres (37.2 X .25 = 9.3).
f. Fifty percent of the Overlay shall be usable open space.
SECTION IV: Amend “FUTURE LAND USE MAP SERIES”
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Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375
3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266
Bonita Springs, FL 34134 www.gradyminor.com
March 7, 2023
Mr. Timothy Finn, AICP
Collier County Growth Management Department
Zoning Division, Zoning Services Section
2800 North Horseshoe Drive
Naples, FL 34104
RE: JLM Living East RPUD Rezone (PL20220003805), Submittal 1
Dear Mr. Finn:
A Collier County application for Public Hearing for a Planned Unit Development (PUD) rezone for
property located on the south side of Immokalee Road east of Woodcrest Drive. The PUD rezone
proposes to rezone the 37.2± acre property from the A (RFMUO) and A-ST (RFMUO) Zoning
Districts to the JLM Living East Residential PUD to allow a maximum of 350 multi-family
residential dwelling units with an affordable housing component.
A companion Growth Management Plan amendment (JLM Living East Residential Overlay,
PL20220003804) has been filed to authorize the proposed multi-family dwelling units.
Documents filed with submittal 1 include the following:
1. Cover Letter
2. AH Expedited Review Certificate
3. Application for PUD Rezone
4. Property Owner List
5. Evaluation Criteria
6. Pre-Application meeting notes
7. Affidavit of Authorization
8. Property Ownership Disclosure Form
9. Covenant of Unified Control
10. Addressing Checklist
11. Warranty Deed(s)
12. Boundary Survey
13. Environmental Data
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Mr. Timothy Finn, AICP
RE: JLM Living West RPUD Rezone (PL20220003807), Submittal 1
DRAFT
Page 2 of 2
14. Traffic Impact Study
15. School Concurrency
16. PUD Exhibits A-F
17. Proposed FLU Language
Please feel free to contact Rich Yovanovich at 435-3535 or me should you have any questions.
Sincerely,
D. Wayne Arnold, AICP
c: JLM Living, LLC
Richard D. Yovanovich
GradyMinor File (JLMLEP-22)
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Property Owner List.docx
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
JLM Living East RPUD (PL20220003805)
Property Owner List
Parcel I.D. Owner Address
00190520005 H & B Family Trust PO Box 10375, Naples, FL 34101
00191360002 Virginia M Landis
Dwight E Landis
2661 Sundance Street, Naples, FL 34120
00191400001 Edward Arthur Dinova
Agnes Brown Dinova
2691 Sundance Street, Naples, FL 34120
00191440003 Gerald William House
Justin House
2914 Randall Circle, Naples, FL 34104
00191600005 Little Pepper Ranch, LLC 2655 Sundance Street, Naples, FL 34120
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JLM Living East RPUD (PL20220003805)
Evaluation Criteria
October 4, 2023
Evaluation Criteria-r3.docx Page 1 of 10
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code,
staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s
recommendation to the Board of County Commissioners shall be based upon consideration of
the applicable criteria. Provide a narrative statement describing the rezone request with specific
reference to the criteria below. Include any backup materials and documentation in support of
the request.
The applicant is proposing to rezone the 37.2+/- acre property from A, Agriculture with the ST
Overlay to a Residential PUD to permit up to 350 detached and attached rental units. This form
of rental community is commonly referred to as horizontal rentals in that no dwelling units are
constructed above one another. Each one or two-story unit is either free standing or attached
side by side with another unit. The property is located within the Agricultural/Rural
Designation, Rural Fringe Mixed Use District on the Future Land Use Map. A companion small-
scale growth management plan amendment has been filed which proposes to create a new
overlay to establish the JLM Living West Overlay. This Overlay proposes to provide for
development of up to 350 rental apartments, of which 25% of those units constructed will be
income restricted to persons having income levels consistent with the moderate- and low-
income categories as established in the Collier County Land Development Code. The proposed
PUD is for 350 dwelling units. The 37.2+/- acre property is located in the Rural Fringe Receiving area and
permits a base density of 1 du/5 acre or 7 dwelling units without the use of TDRs. With TDRs the project
would qualify for 37 dwelling units. The applicant has proposed to acquire 30 TDRs to achieve 37
dwelling units. The balance of the units (313) will be achieved by committing that 25% of the total units
constructed will be income restricted to occupants earning less than 100% of the Collier County AMI.
The specific commitment is:
AFFORDABLE HOUSING:
A. Of the total units constructed, the project shall comply with the following: 12.5 percent
of the units will be rented to households whose incomes are up to and including 80% of the
Area Median Income (AMI) for Collier County and 12.5% of the units will be rented to
households whose incomes are up to and including 100% of the AMI for Collier County and the
corresponding rent limits. At each SDP, the SDP shall identify and quantify the 12.5% of the
units that will be rented to households whose incomes are up to and including 80% of AMI for
Collier County and the 12.5% of the units that will be rented to households whose incomes are
up to and including 100% of AMI for Collier County. These units will be committed for a period
of 30 years from the date of issuance of certificate of occupancy of the first unit. Income and
rent limits may be adjusted annually based on combined income and rent limit table published
by the Florida Housing Finance Corporation or as otherwise provided by Collier County.
B. As part of the annual PUD monitoring report, the developer will include an annual
report that provides the progress and monitoring of occupancy of the income restricted units.
Of the income restricted units, including rent data for rented units, and homestead data for
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owner-occupied units, in a format approved by Collier County Community and Human Services
Division. Developer agrees to annual on-site monitoring by the County.
a. The suitability of the area for the type and pattern of development proposed in relation
to physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
The area is suitable for the proposed development. The site is in an area where Collier County
Water Sewer District has both potable and wastewater facilities located in the Immokalee Road
ROW. A charter school (Naples Classical Academy) and a portion of the LaMorada residential
community has been constructed just west of the subject site, and a gated residential
community known as Ventana Pointe has been constructed to the east. A portion of the Calusa
Pines Golf Club is constructed to the south. Access to the project will be on Immokalee Road.
A vegetation preservation area is provided to along the eastern property boundary. The project
will have a surface water management system designed in accordance with the criteria of the
South Florida Water Management District.
b. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as they
may relate to arrangements or provisions to be made for the continuing operation and
maintenance of such areas and facilities that are not to be provided or maintained at public
expense. Findings and recommendations of this type shall be made only after consultation
with the county attorney.
The applicant is the contract purchaser of the RPUD. All other properties surrounding the site
are developed.
c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth
Management Plan. (This is to include identifying what Sub-district, policy or other
provision allows the requested uses/density, and fully explaining/addressing all criteria or
conditions of that Sub-district, policy or other provision.)
As noted earlier, a companion small-scale growth management plan amendment has been filed
which establishes an overlay district which is tailored to this specific property and establishes
the proposed intensity of a maximum of 350 rental dwelling units, of which 25% of the units
constructed will be income restricted.
Future Land Use Element
Policy 5.4 requires that all applications must be consistent with the Growth Management Plan
as determined by the Board of County Commissioners. A companion small-scale growth
management plan amendment has been filed which creates a new overlay providing for
development of the proposed 350 rental units. Upon approval of the Overlay, the project may
be deemed consistent with the Growth Management Plan.
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Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas for
development before redesignating new property for urban intensity. The proposed
development, while presently outside the Urban designated area is in an area of the County
that has urban type development located north of Immokalee Road which is the Heritage Bay
DRI, which authorized construction of 3,450 homes and 230,000 square feet of commercial
development. The site has a charter school and residential (LaMorada) located immediately to
the west, the Ventana Pointe residential project is located to the east and the Calusa Pines Golf
Club is located to the south. Immokalee Road at this location is a six-lane arterial roadway, and
there are water and wastewater facilities located at the property. Approval of this project is
not urban sprawl and development at urban intensities is a good utilization of the existing
infrastructure from a planning perspective.
Policy 5.6 requires that new projects will be compatible with and complementary to the
surrounding land uses. The proposed project will consist of attached and detached one and
two-story rental units, of which 25% of the units constructed will be income restricted. The
conceptual PUD master plan demonstrates appropriate project buffers consistent with that
required in the LDC, and the proposed development standards will ensure that the units are
setback from the adjacent roadway and nearby residences to insure the compatibility. This
newer form of rental units known in the industry as “horizontal rentals, will offer a variation in
the much in demand rental market and will complement the more conventional options in the
market by offering a variation for rental choices.
Policy 5.8 encourages clustered development and the use of PUD techniques to conserve open
space and environmentally sensitive areas. The proposed conceptual PUD master plan
identifies a preservation area on site which represents 25% of the 37.2+/- acre site or 9.3+/-
acres. Some of the vegetation within the preserve is identified as wetland vegetation and
meets the highest priority for preservation in the Conservation and Coastal Management
Element.
Policy 5.9: Encourage recognition of identifiable communities within the urbanized area of
western Collier County. Presentation of economic and demographic data shall be based on
Planning Communities and commonly recognized neighborhoods.
Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce
greenhouse gas emissions and to adhere to the development character of the County. The
project is adjacent to Immokalee Road, a six-lane arterial road. The single point of access to
the site will be from Immokalee Road and will feature a loop roadway consistent with Policies
7.1 and 7.2. The project does not have an opportunity to provide an interconnection to
adjacent properties as is encouraged in Policy 7.3. The land to the west is a charter school and
the land to the east is developed gated residential community. To the south is a private golf
course. The proposed rental community will provide for indoor and outdoor recreational
amenities for the residents which will be walkable and accessible via pedestrian walkways
consistent with Policy 7.4.
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Transportation Element
Please see the Traffic Impact Analysis prepared which demonstrates compliance with the Level
of Service Standards for arterial roadways.
Conservation and Coastal Management Element
Policy 6.1.2 provides for the protection of native vegetation in the areas designated Rural
Fringe Mixed Use on the FLU map. This policy requires preservation of 40% of the on-site native
vegetation, not to exceed 25% of the total site area. The site has native vegetation on nearly
100% of the site; therefore, 25% of the site or 9.3 acres has been set aside as a preserve of the
conceptual PUD master plan consistent with this policy.
Policy 6.2.5 is directed at reducing impacts to wetlands. The conceptual PUD master plan has
identified a 9.3-acre preservation area that does contain wetlands and is contiguous to off-site
preserves consistent with this policy.
Objective 7.1: Direct incompatible land uses away from listed animal species and their
habitats. Please refer to the listed species management and indigenous preservation plans
prepared by Synecological Analysts, Inc.
Housing Element
Objective 1 of this element requires Collier County to provide affordable housing to meet the
needs of the community. The proposed project has committed to provide 25% of the rental
units constructed as income restricted housing consistent with this objective. The need for
additional affordable housing is well documented in the ULI study from 2017 and the updated
Housing Plan prepared by Collier County.
d. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
The project as proposed is compatible both internally and externally. The site is adjacent to a
charter school and the LaMorada community to the west, the Ventana Pointe residential
project to the east and the Calusa Pines Golf Club to the south. The PUD master plan identifies
a 15-foot wide type ‘B’ buffer in addition to the 15 foot wide type ‘B’ landscape buffer installed
for the school, the 15 foot wide type ‘B’ landscape buffer installed for the LaMorada community
and the 25 foot wide type ‘A’ landscape buffer installed for the Ventana Pointe community.
The proposed rental community will consist of detached and attached dwelling units with an
actual height not to exceed a zoned height of 30 feet and an actual height of 35 feet. The height
is typical for the nearby homes in the adjacent communities.
e. The adequacy of usable open space areas in existence and as proposed to serve the
development.
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The project has designated 25% of the native vegetation area as preserve and in combination
of buffers, amenity area and miscellaneous green space will have 50% open space, consistent
with that required in the Rural Fringe area.
f. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Adequate infrastructure must be in place to support future development on the site. There are
no known capacity issues that will impact this project.
g. The ability of the subject property and of surrounding areas to accommodate expansion.
The area has adequate supporting infrastructure, including Collier County Water-Sewer District
potable water and wastewater mains, to accommodate this project. Furthermore, adequate
public facilities requirements will be addressed when development approvals are sought.
h. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications of justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
The project as proposed is consistent with the LDC. No deviations from the LDC have been
requested.
10.02.08 - Requirements for Amendments to the Official Zoning Atlas
F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of
land, the report and recommendations of the Planning Commission to the Board of County
Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission
has studied and considered the proposed change in relation to the following findings, when
applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and future land use map and the elements of the Growth Management Plan.
Future Land Use Element
Policy 5.4 requires that all applications must be consistent with the Growth Management Plan
as determined by the Board of County Commissioners. A companion small-scale growth
management plan amendment has been filed which creates a new overlay providing for
development of the proposed 350 rental units. Upon approval of the Overlay, the project may
be deemed consistent with the Growth Management Plan.
Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas for
development before redesignating new property for urban intensity. The proposed
development, while presently outside the Urban designated area is in an area of the County
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that has urban type development located north of Immokalee Road which is the Heritage Bay
DRI, which authorized construction of 3,450 homes and 230,000 square feet of commercial
development. The site has a charter school and residential (LaMorada) located immediately to
the west, the Ventana Pointe residential project is located to the east and the Calusa Pines Golf
Club is located to the south. Immokalee Road at this location is a six-lane arterial roadway, and
there are water and wastewater facilities located at the property. Approval of this project is
not urban sprawl and development at urban intensities is a good utilization of the existing
infrastructure from a planning perspective.
Policy 5.6 requires that new projects will be compatible with and complementary to the
surrounding land uses. The proposed project will consist of attached and detached one and
two-story rental units, of which 25% of the units constructed will be income restricted. The
conceptual PUD master plan demonstrates appropriate project buffers consistent with that
required in the LDC, and the proposed development standards will ensure that the units are
setback from the adjacent roadway and nearby residences to insure the compatibility. This
newer form of rental units known in the industry as “horizontal rentals, will offer a variation in
the much in demand rental market and will complement the more conventional options in the
market by offering a variation for rental choices.
Policy 5.8 encourages clustered development and the use of PUD techniques to conserve open
space and environmentally sensitive areas. The proposed conceptual PUD master plan
identifies a preservation area on site which represents 25% of the 37.2+/- acre site or 9.3+/-
acres. Some of the vegetation within the preserve is identified as wetland vegetation and
meets the highest priority for preservation in the Conservation and Coastal Management
Element.
Policy 5.9: Encourage recognition of identifiable communities within the urbanized area of
western Collier County. Presentation of economic and demographic data shall be based on
Planning Communities and commonly recognized neighborhoods.
Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce
greenhouse gas emissions and to adhere to the development character of the County. The
project is adjacent to Immokalee Road, a six-lane arterial road. The single point of access to
the site will be from Immokalee Road and will feature a loop roadway consistent with Policies
7.1 and 7.2. The project does not have an opportunity to provide an interconnection to
adjacent properties as is encouraged in Policy 7.3. The land to the west is a charter school and
the land to the east is developed gated residential community. To the south is a private golf
course. The proposed rental community will provide for indoor and outdoor recreational
amenities for the residents, which will be walkable and accessible via pedestrian walkways
consistent with Policy 7.4.
Transportation Element
Please see the Traffic Impact Analysis prepared which demonstrates compliance with the Level
of Service Standards for arterial roadways.
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Conservation and Coastal Management Element
Policy 6.1.2 provides for the protection of native vegetation in the areas designated Rural
Fringe Mixed Use on the FLU map. This policy requires preservation of 40% of the on-site native
vegetation, not to exceed 25% of the total site area. The site has native vegetation on nearly
100% of the site; therefore, 25% of the site or 9.3 acres has been set aside as a preserve of the
conceptual PUD master plan consistent with this policy.
Policy 6.2.5 is directed at reducing impacts to wetlands. The conceptual PUD master plan has
identified a 9.3-acre preservation area that does contain wetlands and is contiguous to off-site
preserves consistent with this policy.
Objective 7.1: Direct incompatible land uses away from listed animal species and their
habitats. Please refer to the listed species management and indigenous preservation plans
prepared by Synecological Analysts, Inc.
Housing Element
Objective 1 of this element requires Collier County to provide affordable housing to meet the
needs of the community. The proposed project has committed to provide 25% of the rental
units constructed as income restricted housing consistent with this objective. The need for
additional affordable housing is well documented in the ULI study from 2017 and the updated
Housing Plan prepared by Collier County. The PUD includes the following commitment to
provide income restricted housing:
AFFORDABLE HOUSING:
A. Of the total units constructed, the project shall comply with the following: 12.5 percent
of the units will be rented to households whose incomes are up to and including 80% of the
Area Median Income (AMI) for Collier County and 12.5% of the units will be rented to
households whose incomes are up to and including 100% of the AMI for Collier County and the
corresponding rent limits. At each SDP, the SDP shall identify and quantify the 12.5% of the
units that will be rented to households whose incomes are up to and including 80% of AMI for
Collier County and the 12.5% of the units that will be rented to households whose incomes are
up to and including 100% of AMI for Collier County. These units will be committed for a period
of 30 years from the date of issuance of certificate of occupancy of the first unit. Income and
rent limits may be adjusted annually based on combined income and rent limit table published
by the Florida Housing Finance Corporation or as otherwise provided by Collier County.
B. As part of the annual PUD monitoring report, the developer will include an annual
report that provides the progress and monitoring of occupancy of the income restricted units.
Of the income restricted units, including rent data for rented units, and homestead data for
owner-occupied units, in a format approved by Collier County Community and Human Services
Division. Developer agrees to annual on-site monitoring by the County.
2. The existing land use pattern.
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The existing land use patterns are residential to the west and east, charter school to the west,
golf course to the south and Immokalee Road to the north.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
Rezoning to a PUD does not create an isolated district. The proposed PUD meets all design
criteria in the LDC for a PUD rezoning.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The PUD boundary represents a logical boundary.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
The proposed rental community has made a commitment to provide 25% of the constructed
units at rental rates that meet affordable housing guidelines. The density is not achievable on
the agriculturally zoned property; thereby, necessitating the rezoning and companion small-
scale amendment.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed rezone will not adversely influence living conditions in the neighborhood. The
proposed master plan and development standards will assure compatibility.
7. Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding land uses, because
of peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
The proposed 350-unit rental community will not create or excessively increase traffic
congestion. The TIS prepared for the PUD rezoning application concludes that the project will
not adversely impact the surrounding road network or cause any roadways to operate below
their adopted level of service.
8. Whether the proposed change will create a drainage problem.
The project will obtain a SFWMD permit for the surface water management system and will
have no impact on surrounding development.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
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The proposed rezone will have no impact on light and air to adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent
area.
The proposed rezone should have no impact on property values in the adjacent area.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
The proposed rezone should enhance surrounding properties and will not deter improvement
or development of nearby properties.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
Any property owner may propose zoning changes subject to the requirements of the LDC. No
special privilege results from the PUD Amendment.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning.
The proposed PUD provides for an increase in the number of dwelling units above that
authorized by the current zoning. In order to provide affordable housing, the applicant requires
additional density.
14. Whether the change suggested is out of scale with the needs of the neighborhood
or the county.
The scale of the project is in scale with the needs of the community.
15. Whether it is impossible to find other adequate sites in the county for the proposed
use in districts already permitting such use.
It is not impossible to find other site in the County; however, this infill property has
development surrounding it and it is served by a 6-lane arterial roadway and has water and
wastewater services available to it.
16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential
uses under the proposed zoning classification.
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The site will require the typical site alteration of 2’ to 3’ of fill consistent with surrounding
development. Vegetation removal will be required as for other vegetated sites to support
development of the rental units.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended.
There are adequate roadways and utilities available at the site. There are no public facilities
deficiencies at the present time, and none will occur as a result of this project.
18. Such other factors, standards, or criteria that the Board of County Commissioners
shall deem important in the protection of the public health, safety, and welfare.
The project is consistent with the proposed Growth Management Plan amendment, and it is
compatible with surrounding development.
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Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov
www.colliercountyfl.gov
01/2023 Page 1 of 3
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
Dwight E. Landis (deceased)
Virginia M. Landis, 2661 Sundance St, Naples 34120 (as tenants by
the entirety)
100
Edward Arthur Dinova and Agnes Brown Dinova, 2691 Sundance St,
Naples 34120 (as tenants by the entirety)
100
Gerald William House and Justin House, 2914 Randall Circle, Naples,
34104 (as tenants by the entirety)
100
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
N.A.
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
H & B Family Trust, PO Box 10375 Naples 34101
Michele J. Bender as Successor Trustee – 100%
100
PROPERTY OWNERSHIP DISCLOSURE FORM
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Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov
www.colliercountyfl.gov
01/2023 Page 2 of 3
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
Little Pepper Ranch, LLC, a Florida limited liability company, 2655
Sundance Street, Naples 34120
Jon Pertchik as Manager (Ownership Interest)
Shannon Pertchik, as Manager (Ownership Interest)
100
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
JLM Living, LLC a Texas limited liability company, 3839 Bee Caves
Road, Suite 205, Austin, TX 78746 (see attached)
Larry Meyer, Manager - Ownership Interest
Josh Meyer, Manager - Ownership Interest
Chris Votaw, Manager - Ownership Interest
100
Date of Contract: 2021 and 2022
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
N.A.
g. Date subject property acquired 1990, 2009, 2012, 2016 and 2022
Page 431 of 4908
Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov
www.colliercountyfl.gov
01/2023 Page 3 of 3
Leased: Term of lease years /months
If, Petitioner has option to buy, indicate the following:
Date of option: N.A.
Date option terminates: N.A. , or
Anticipated closing date: N.A.
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition’s final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
*The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: GMDclientservices@colliercountyfl.gov
February 24, 2023
Agent/Owner Signature Date
D. Wayne Arnold, AICP
Agent/Owner Name (please print)
AFFIRM PROPERTY OWNERSHIP INFORMATION
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Addressing Checklist (Rev 9/2022)Page 1 of 1
Operations & Regulatory Management Division Ɣ1RUWK+RUVHVKRH'ULYHƔ1DSOHV)/Ɣ--
www.colliercountyfl.gov
ADDRESSING CHECKLIST
Please complete the following and upload via the CityView Portal with your submittal. Items ŵĂƌŬĞĚǁŝƚŚ;ΎͿare required for
every application, other items are optional and may not apply to every project.
Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe
and any time the properties within the project boundary are modified.
Additional documents may be attached to this form and can include:
-ΎLOCATION MAP and/or SURVEY showing the proposed project boundary.
- List of additional folio numbers and associated legal descriptions.
- E-mail from Addressing Official for any pre-approved project and/or street names.
LOCATION INFORMATION
ΎFOLIO (Property ID) Number(s)of subject property or properties. [Attach list if necessary]
ΎLEGAL DESCRIPTION of subject property or properties. [Attach list if necessary]
STREET ADDRESS(ES)where applicable, if already assigned.
PROJECT INFORMATION
Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing
Official. Pre-Approval may be requested by contacting us at GMD_Addressing@colliercountyfl.gov or 239-252-2482 prior to your
submittal.
ΎPETITION TYPE (choose from the drop-down list below). A unique checklist must be created for each application.
CURRENT PROJECT NAME
PROPOSED PROJECT NAME
PROPOSED STREET NAME(s)
LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####]
00190520005, 00191360002, 00191400001, 00191440003 and 00191600005
S25/T48/R26
2661, 2691 and 2655 Sundance St
PUDZ (Planned Unit Development Rezone)
JLM Living East RPUD
Page 445 of 4908
Collier County Property AppraiserProperty Aerial
Parcel No 00190520005 SiteAddress*Disclaimer Site City NAPLES Site Zone*Note 34120
Open GIS in a New Window with More Features.
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Collier County Property AppraiserProperty Aerial
Parcel No 00191360002 SiteAddress*Disclaimer
2661SUNDANCEST Site City NAPLES Site Zone*Note 34120
Open GIS in a New Window with More Features.
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Collier County Property AppraiserProperty Aerial
Parcel No 00191400001 SiteAddress*Disclaimer
2691SUNDANCEST Site City NAPLES Site Zone*Note 34120
Open GIS in a New Window with More Features.
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Collier County Property AppraiserProperty Aerial
Parcel No 00191440003 SiteAddress*Disclaimer Site City NAPLES Site Zone*Note 34120
Open GIS in a New Window with More Features.
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Collier County Property AppraiserProperty Aerial
Parcel No 00191600005 SiteAddress*Disclaimer
2655SUNDANCEST Site City NAPLES Site Zone*Note 34120
Open GIS in a New Window with More Features.
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Environmental Impact Statement
JLM Living East Residential Planned Unit Development
Prepared for
JLM Living
C/O Dan Deichert CEO
3839 Bee Caves Road # 205
Austin, TX 78746
1 Feb 2023
Page 496 of 4908
Table of Contents
1.0 INTRODUCTION ................................ Page 3
2.0 EXISTING SITE CONDITIONS ................................ Page 4
2.1 Soils .............................Page 4
2.2 Vegetation and Habitat Potential ........................... Page 5
2.2.1 Uplands ............................ Page 5
2.2.2 Wetlands ............................ Page 5
2.2.3 Habitat Potential ............................ Page 6
3.0 PROTECTED/LISTED SPECIES ............................. Page 6
3.1 Wildlife ............................ Page 6
3.2 Vegetation ............................ Page 7
4.0 NATIVE VEGETATION PRESERVATION ............................ Page 7
5.0 SUMMARY ............................ Page 7
Page 497 of 4908
1.0 INTRODUCTION
The JLM Living East Residential Planned Unit Development is located in Section 25,
Township 48 Range 26 in Collier County, FL. This site is approximately six miles east of
the SR 951/Immokalee Rd intersection on the south side of the road. This assemblage
consists of five parcels, Folio 00191600005,00191600005,00191360002,00191400001
and 00191440003.The site is bounded by Immokalee Rd. To the north, Naples
Classical Academy to the west, Sundance St. on the south and Ventana Point
development on the east. The latitude/longitude information for the center of this site is
26 degrees, 16 minutes, 11.99 seconds North and 81 degrees 39 minutes, 34.52
seconds West.
,
The developer of this project is:
JLM Financial Partners
Dan Deichert CEO
# 205
3839 Bee Caves Road
Austin, TX 78746
The project planner is:
Wayne Arnold, Planning Director
Grady Minor and Associates
3800 Via Del Rey
Bonita Springs, FL 34134
Warnold@gradyminor.com
The project engineer is:
Grady Minor P.E.
Grady Minor and Associates
3800 Via Del Rey
Bonita Springs, FL 34134
Gminor@gradyminor.com
The project ecologist is:
Brown Collins
Synecological Analysts® Inc.
2159 Morning Sun Lane
Naples, FL 34119
brown@synecol.com
The proposed project is to develop a multifamily residential development.
Page 498 of 4908
Synecological Analysts® (SAI) conducted an Environmental Assessment on this site.
This document responds to the Collier County requirement of an Environmental
Assessment Report. SAI evaluated this property to determine distribution, extend and
character of vegetational communities. Habitat types, jurisdictional wetland status,
potential or presence of listed species and suitability of the on site habitat for listed
species habitat were also evaluated. Soil types, distribution and extent were determined
to assist in the other evaluations. Findings and conclusions are presented in
subsequent portions of this document. We also include a Phase One Environmental
Assessment done by RMA GeoLogic Consultants, Inc.
2.0 EXISTING SITE CONDITIONS
The proposed development consists is an assemblage consisting of five parcels. The
northern half of this parcel is relatively undisturbed, with a few depressional trails that
may well have their origin as fire lanes during wildfire control efforts years ago. The
southern portion of this assemblage is cleared in large part by activities decades ago.
The four residences and associated outbuildings occur near the center of this site. This
is not a pristine site that approximates the pre-development character of this general
area. Plant communities and habitat have been impacted over time. A variety of exotic
vegetation are present but do not dominate any significant portion of the site. Regional
and area drainage has been massively disrupted, by regional and local drainage
projects decades ago. Plant communities and land uses were identified according to the
Florida Department of Transportation (FDOT1991) Florida Land Use, cover and Forms
Classification system (FLUCCS as modified for SFWMD,2002) protocol. The FLUCCS
Exhibit on the following page identifies and delineates extant communities and land use.
These are presented as Habitat Types and a description of their character on this site is
presented in the following sections.
2.1 Soils
This site is not edaphically complex. Rivera fine sand, limestone substratum comprising
approximately half of the site while the Cypress Lake, limestone substratum comprises
the remainder. A general description of the character of these soils is presented in
Appendix A. The combination of regional drainage impacts, a primary canal bordering
the site to the north and nearby on the west, road drainage and development, and
agricultural drainage networks for this portion of Collier Co. have drastically altered the
original hydrologic character of these soils by fracturing the cap rock that perched the
shallow water table for much of the dry season historically..
Originally these soils occurred on drainage ways on marine terraces in dip landform
position on hydric or mesic lowlands. Rock is usually found within 36" of the surface of
the Cypress Lake series and 50" for the Riviera soils.
Page 499 of 4908
Soil Map—Collier County Area, Florida
(JLM East soils)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
10/19/2022
Page 1 of 3290530029054002905500290560029057002905800290590029060002906100290530029054002905500290560029057002905800290590029060002906100433800433900434000434100434200434300434400
433800 433900 434000 434100 434200 434300 434400
26° 16' 26'' N 81° 39' 48'' W26° 16' 26'' N81° 39' 22'' W26° 15' 55'' N
81° 39' 48'' W26° 15' 55'' N
81° 39' 22'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84
0 200 400 800 1200
Feet
0 50 100 200 300
Meters
Map Scale: 1:4,600 if printed on A portrait (8.5" x 11") sheet.
Soil Map may not be valid at this scale.
Page 500 of 4908
Map Unit Legend
Map Unit Symbol Map Unit Name Percent of AOI
102 Cypress Lake fine sand-Urban
land complex, 0 to 2 percent
slopes
55.1%
121 Matlacha-Cypress lake-Urban
land complex, 0 to 2 percent
slopes
0.2%
131 Riviera fine sand, limestone
substratum-Urban land
complex, 0 to 2 percent
slopes
44.7%
Totals for Area of Interest 100.0%
Soil Map—Collier County Area, Florida JLM East soils
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
10/19/2022
Page 3 of 3
Disturbed
No
No
No
NONE
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3.0 VEGETATION AND HABITAT POTENTIAL
2.1 Uplands
There are approximately 22.1 ac of likely upland communities in this assemblage There
are six land use types identified on these parcels. Some are discrete and some are in
combination with another upland FLUCCS type. They are shown on the FLUCCS map
that follows this page. They are discussed in numerical order.
1100 - Low Density Residential - There are four houses on this assemblage that all
appear to constructed in the 1980's. They and the out buildings associated with these
residences cover approximately 0.67 ac.
2110 - Tame Pasture - This 0.50 ac area is just north of the houses running N-S near
the center of the property. During the wet season, it is frequently inundated but displays
it tame pasture characteristics with increased vigor in the dry season.
4110 - Slash Pine Flatwoods - This community type does not occur as a stand alone
dominant on this site. It is found at the Southeast corner of the assemblage in
conjunction with tame pasture. These Slash pine are mature and created a Pine
Savanna viewscape when combined with the Tame Pasture community component in
this FLUCCS combination. There are approximately 9.06 of this type in this
assemblage.
4280 - Cabbage Palm - This FLUCCS type does not occur individually on this site, but
as it is often found, in conjunction with either wetlands that are trending more xeric or
naturally occurring mixed with Slash pine and Cypress in the 624 FLUCCS. This
species occurs in both instances on this site.
6240 - Cypress - Pine - Cabbage Palm - This is dominated by Slash pine, there is a
codominant undercanopy comprised of Cypress and Cabbage palm. Although not
strictly a wetlands community, this FLUCCS type represents a transition between mesic
upland and hydric sites. It is the most pristine of the on site communities which is
surprising given its upland status on a site with significant wetlands communities.
Historically it is often easier to access upland areas so they are the first impacted by
human activity.
2.2 Wetlands
2.2.1 There are approximately acres 15.1 of wetlands FLUCCS categories on this site.
The community composition and structure is discussed below.
FLUCCS 6210 - 4280 - E2 The canopy in this community is characterized by Pond
cypress of varying sizes and degrees of vigor. Most mature tree of this species are in
decline as manifested by near total heart rot infestation throughout the mature tree
component of this community. The Cabbage palm are consistent throughout, but not as
Page 502 of 4908
Site Location
JLM East - Fluccs MapPROJECT:
Oct 25, 2022DATE:
DRAWN BY:
6240
11.89 ac
NW
Total: 37.20
Fluccs Description Area (ac)
1100 Low density residential 0.67
2110 Tame Pasture 0.50
4110-2110 Pine Flatwoods - Tame pasture 9.06
6210-4280 Cypress-Cabbage Palm 11.59
6240 Cypress - Pine - Cabbage Palm 11.89
6240-WET Cypress - Pine - Cabbage Palm 3.49
6210-4280
11.59 ac
4110-2110
9.06 ac
Immokalee Rd
6240-Wet
3.49 ac
2110
0.50 ac
1100
0.19 ac Richard St1100
0.48 ac
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tall as many of the Cypress. The younger Cypress are more vigorous than the more
mature ones, perhaps because they were recruited after the historic water levels were
significantly altered and adapted their growth habits based on site conditions.
The shrub stata is primarily Brazilian pepper that occurs throughout one third or so of
the shrub strata in this area. Because the controlling strata is the 100% native species
canopy the entire FLUCCS is not designate an “E” status
6240 Wet - Cypress - Pine - Cabbage Palm - The composition of this wetland
community is different from the upland areas of this FLUCCS designation. Mature
cypress dominate the area along with a less dominant Slash pine community of veteran
trees. Cabbage palm are present, but primarily in the shrub and undercanopy.
2.3 Habitat Potential
This site is dominated by mature trees in the canopy, exotics in the shrub canopy and a
parsimonious herbaceous strata because of the dense tree canopy.
Listed species evolved under native/natural conditions and strongly prefer these area. It
is highly likely that Listed species that might frequent this site would be associated in
one way or another with the canopy. Synecological Analysts® Inc. conducted a listed
species survey of the referenced parcel. No sightings, sign or other evidence of any
listed species was observed. Several Black bear scratch trees were observed.
4.0 PROTECTED/LISTED SPECIES
SAI conducted Listed Species surveys in both August and September, 2022.
A complete listing of potential species can be found at the following link on the Collier
County website https://www.colliergov.net/index.aspx?page=352. The habitat quality of
vegetation on this site is of limited suitability for potential listed species because of the
combination of small size, major roadway boundary, adjacent developed area and
exotic components in the understory.
4.1 Wildlife
No nest, sign, calls, tracks or other indication of Federal or State listed species were
encountered on this site. Special interest were given to the fill area boundaries along
Immokalee Rd because these area are sometimes frequented by Gopher tortoise or the
Eastern indigo snake. Nothing relating to these species was encountered on or adjacent
to this site. The absence of a viable herbaceous strata of desirable forage combined
with almost complete canopy coverage and near surface rock make the non slope
portions of this site degrade its Gopher tortoise habitat value. Because of the large
number of Pond cypress root rot cavities there is a potential for their use by tortoise and
awareness of their potential presence, especially at the site margins to the north and
south where the burrow to forage distance is potentially manageable for them. The
closed canopy combined with the exotic shrub canopy make it unlikely the Big Cypress
of fox squirrel has adequate habitat to utilize this site. This site is located in the
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Secondary Florida Panther Zone is bounded surrounded by development on two sides
and a major roadway on a third.. Panther use would involve traveling through
commercial and/or residential areas and across Immokalee Rd, making utilization of this
site very unlikely. The absence of mature pine forests within miles of this site, exotic
dominance of much of the site vegetation combined with surrounding development
preclude this site as Red-cockaded woodpecker habitat. A visual survey of potential
cavities suitable for use by Eumops floridanus (Florida bonneted bat) found none
suitable above the shrub canopy. There are numerous root rot cavities at the base of
Pond cypress tress but the dense Brazilian pepper shrub structure make use of these
somewhat limited. These cavities were examined visually for FBB sign such as guano.
None was found. This site is not located in or near the USWSW Proposed Critical
Habitat area for this species. The are no American bald eagle nest within miles of this
site. Protected wildlife species lists are included in Appendix A for reference along with
consultation areas for bonneted bat, panther consultation areas and zone map and
black bear nuisance call , including two apparently from residents of this assemblage.
Management plans for select listed species and a map showing the proposed bonneted
bat Critical Habitat Areas are also included.
4.2 Vegetation
Beyond the already mentioned Federal regulatory agencies, three additional agencies
with primary purview over listing or tracking plant species are the Florida Fish and
Wildlife conservation Commission (FWC), the Florida Department of Agriculture and
consumer Services (DFDACS), Division of Plant Industries (DPI). Relevant list were
used for SAI’s surveys of this site.
No listed plant species have been observed on this site during our recent survey. The
previous site impacts along with enormous exotic shrub component on this site make
listed plant species occurrence very unlikely.
5.0 NATIVE VEGETATION PRESERVATION
Collier County LDC requires the preservation of native vegetation on projects such as
the one proposed here. Using the criteria put forth in the LDC, it appears that
approximately 9.3 acres of this site meet the criteria. This area is proposed as Native
Retention. The proposed retention are abuts the adjoining preserved area to the east,
provides N-S mobility for animals and offers a complementary mix of habitat diversity.
The combination of with the adjacent natural area has a multiplier effect of our proposed
Native Retention area. In other words, adjacent they increase the habitat quality of both
areas. There is a significant Brazilian pepper component of the proposed preserve area.
Controlling these and other exotics along with the improved hydration resulting from this
development will increase the UMAM/WRAP values of this area.
7.0 SUMMARY
The JLM Living West Residential Planned Unit Development is located in Section 25,
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Site Location
Folio 00190520005 - Indigenous
Preserve mapPROJECT:
Jan 27, 2023DATE:
Indigenous
preserve area
9.3 ac
DRAWN BY: NW
Total site area
37.20 ac
Immokalee Rd
Richards StPage 506 of 4908
Township 48 Range 26 in Collier County, FL. This site is two miles east of the SR
951/Immokalee Rd intersection on the south side of the road and is approximately 7.5
miles E from US 75 and 0.4 mile E from CR 951. This assemblage consists of five
parcels, Folio#’s 00191600005, 00191360002, 00191400001,0019144000 and
190520005. The site is bounded by Immokalee Rd. To the north, Naples Classical
Academy to the west, Ventana Development to the east and forested land on the south.
No wetlands jurisdictional efforts have been conducted on this site. If wetlands are
encountered during the Federal and State agency review of these two parcels, they will
be evaluated and mitigated consistent with State and Federal permitting protocols.
No animal species were observed and no suitable habitat exists for them on this parcel
because of exotic vegetation dominance resulting from impacts to this land over the
years as well as adjacent development on three sides. Approximately 9.3 ac of native
habitat are proposed for preservation. The location and extent of this preserve area
makes optimal use of site characteristcs as well as those of the development adjacent
to the east.
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APPENDIX A
Page 508 of 4908
Listed species Survey
JLM Living East Residential Planned Unit Development
Prepared for
JLM Living
C/O Dan Deichert CEO
3839 Bee Caves Road # 205
Austin, TX 78746
27 Jan 2013
Page 509 of 4908
Table of Contents
1.0 INTRODUCTION ................................ Page 3
2.0 EXISTING SITE CONDITIONS ................................ Page 4
2.1 Soils .............................Page 4
2.2 Vegetation and Habitat Potential ........................... Page 4
2.2.1 Uplands ............................ Page 4
2.2.2 Wetlands ............................ Page 5
2.2.3 Habitat Potential ............................ Page 5
3.0 PROTECTED/LISTED SPECIES ............................. Page 7
3.1 Wildlife ............................ Page 8
3.2 Vegetation ............................ Page 9
4.0 NATIVE VEGETATION PRESERVATION ............................ Page 9
5.0 SUMMARY ............................ Page 9
6.0 APPENDIX A
M Resume
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1.0 INTRODUCTION
The JLM Living East Residential Planned Unit Development is located in Section 25,
Township 48 Range 26 in Collier County, FL. This site is approximately six miles east of
the SR 951/Immokalee Rd intersection on the south side of the road. This assemblage
consists of five parcels, Folio 00191600005,00191600005,00191360002,00191400001
and 00191440003.The site is bounded by Immokalee Rd. To the north, Naples
Classical Academy to the west, Sundance St. on the south and Ventana Point
development on the east. The latitude/longitude information for the center of this site is
26 degrees, 16 minutes, 11.99 seconds North and 81 degrees 39 minutes, 34.52
seconds West.
The developer of this project is:
JLM Financial Partners
Dan Deichert CEO
# 205
3839 Bee Caves Road
Austin, TX 78746
The project planner is:
Wayne Arnold, Planning Director
Grady Minor and Associates
3800 Via Del Rey
Bonita Springs, FL 34134
Warnold@gradyminor.com
The project engineer is:
Grady Minor P.E.
Grady Minor and Associates
3800 Via Del Rey
Bonita Springs, FL 34134
Gminor@gradyminor.com
The project ecologist is:
Brown Collins
Synecological Analysts® Inc.
2159 Morning Sun Lane
Naples, FL 34119
brown@synecol.com
The proposed project is to develop a multifamily residential development.
Synecological Analysts® (SAI) conducted a Listed Species Survey on this site.
Page 511 of 4908
This document responds to the Collier County requirement of an Protected/Listed
Species Survey. We evaluated species characteristics, habitat and forage requirements
along and travel/migration overlaid on the distribution, extend and character of
vegetational communities on this site. Habitat types, jurisdictional wetland status,
potential or presence of listed species and suitability of the on site habitat for listed
species habitat were also evaluated. Soil types, distribution and extent were determined
to assist in the other evaluations.
2.0 EXISTING SITE CONDITIONS
The proposed development consists of five parcels as presented earlier in this report.
Regional, area and local drainage characteristics has been massively disrupted over
time. Cycles of fire and renewal have been absent from this site for decades. Because
of these and other related factors, the vegetation on this site is not a reflection of historic
conditions. Plant communities and land uses were identified according to the Florida
Department of Transportation (FDOT1991) Florida Land Use, cover and Forms
Classification system (FLUCCS as modified for SFWMD,2002) protocol. The Exhibit on
the following page identifies and delineates extant communities and land use. These are
presented as Habitat Types and a description of their character on this site is presented
in the following sections.
2.1 Soils
This site is not edaphically complex. Rivera fine sand, limestone substratum comprises
approximately half of the site while the Cypress Lake, limestone substratum composes
the remainder. A general description of the character of these soils is presented in
Appendix A. The combination of regional drainage impacts, a primary canal bordering
the site to the north and nearby on the west, road drainage and development, and
agricultural drainage networks for this portion of Collier Co. have drastically altered the
original hydrologic character of these soils by fracturing the cap rock that perched the
shallow water table for much of the dry season historically..
Originally these soils occurred on drainage ways on marine terraces in dip landform
position on hydric or mesic lowlands. Rock is usually found within 36" of the surface of
the Cypress Lake series and 50" for the Riviera soils.
2.2 Vegetation and Habitat Potential
2.2.1 Uplands
There are approximately 21.6 ac of likely upland communities in this assemblage There
are six land use types identified on these parcels. Some are discrete and some are in
combination with another upland FLUCCS type. They are shown on the FLUCCS map
that follows this page. They are discussed in numerical order..
1100 - Low Density Residential - There are four houses on this assemblage that all
Page 512 of 4908
Soil Map—Collier County Area, Florida
(JLM East soils)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
10/19/2022
Page 1 of 3290530029054002905500290560029057002905800290590029060002906100290530029054002905500290560029057002905800290590029060002906100433800433900434000434100434200434300434400
433800 433900 434000 434100 434200 434300 434400
26° 16' 26'' N 81° 39' 48'' W26° 16' 26'' N81° 39' 22'' W26° 15' 55'' N
81° 39' 48'' W26° 15' 55'' N
81° 39' 22'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84
0 200 400 800 1200
Feet
0 50 100 200 300
Meters
Map Scale: 1:4,600 if printed on A portrait (8.5" x 11") sheet.
Soil Map may not be valid at this scale.
Page 513 of 4908
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
102 Cypress Lake fine sand-Urban
land complex, 0 to 2 percent
slopes
25.5 55.1%
121 Matlacha-Cypress lake-Urban
land complex, 0 to 2 percent
slopes
0.1 0.2%
131 Riviera fine sand, limestone
substratum-Urban land
complex, 0 to 2 percent
slopes
20.7 44.7%
Totals for Area of Interest 46.3 100.0%
Soil Map—Collier County Area, Florida JLM East soils
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
10/19/2022
Page 3 of 3
Page 514 of 4908
appear to constructed in the 1980's. They and the out buildings associated with these
residences cover approximately 0.67 ac.
2110 - Tame Pasture - This 0.50 ac area is just north of the houses running N-S near
the center of the property. During the wet season, it is frequently inundated but displays
it tame pasture characteristics with increased vigor in the dry season.
4110 - Slash Pine Flatwoods - This community type does not occur as a stand alone
dominant on this site. It is found at the Southeast corner of the assemblage in
conjunction with tame pasture. These Slash pine are mature and created a Pine
Savanna viewscape when combined with the Tame Pasture community component in
this FLUCCS combination. There are approximately 9.06 of this type in this
assemblage.
4280 - Cabbage Palm - This FLUCCS type does not occur individually on this site, but
as it is often found, in conjunction with either wetlands that are trending more xeric or
naturally occurring mixed with Slash pine and Cypress in the 624 FLUCCS. This
species occurs in both instances on this site.
6240 - Cypress - Pine - Cabbage Palm - This is dominated by Slash pine, there is a
codominant undercanopy comprised of Cypress and Cabbage palm. Although not
strictly a wetlands community, this FLUCCS type represents a transition between mesic
upland and hydric sites. It is the most pristine of the on site communities which is
surprising given its upland status on a site with significant wetlands communities.
Historically it is often easier to access upland areas so they are the first impacted by
human activity.
2.2.2 Wetlands
2.2.1 There are approximately acres 36.7 of wetlands FLUCCS categories on this site.
The community composition and structure is discussed below.
FLUCCS 6210 - 4280 - E2 The canopy in this community is characterized by Pond
cypress of varying sizes and degrees of vigor. Most mature tree of this species are in
decline as manifested by near total heart rot infestation throughout the mature tree
component of this community. The Cabbage palm are consistent throughout, but not as
tall as many of the Cypress. The younger Cypress are more vigorous than the more
mature ones, perhaps because they were recruited after the historic water levels were
significantly altered and adapted their growth habits based on site conditions.
The shrub stata is primarily Brazilian pepper that occurs throughout one third or so of
this area. Exotics, primarily Brazilian pepper cover between 26% but less than 51% of
this FLUCCS type .
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2.2.3 Habitat Potential
This site is dominated by mature trees in the canopy, exotics in the shrub canopy and a
parsimonious herbaceous strata because of the dense tree canopy.
Listed species evolved under native/natural conditions and strongly prefer these area. It
is highly likely that Listed species that might frequent this site would be associated in
one way or another with the canopy. Synecological Analysts® Inc. conducted a listed
species survey of the referenced parcel. No sightings, sign or other evidence of any
listed species was observed. Several Black bear scratch trees were observed.
3.0 PROTECTED/LISTED SPECIES
SAI conducted Listed Species surveys in both May and June, 2022. Methodology
The entire project site was field surveyed for protected species in using the FWC
approved transect method. Transect spacing of 50' was employed throught. This survey
covered 100% of this site. In addition to the transect observations, unvegetated sandy
areas near the fence lines were checked for sign early in the morning. The site was
observed aerially at low altitude using drone technology to check for additional
indicators. Because the entire site was surveyed completely concerns regarding small
linear communities and ecotonal areas were addressed thoroughly. The Transect
Location Map shows surveyed transects.
The survey was conducted by Mr. Brown Collins and Mr. Derry Stockbridge. Mr. Collins
has a B.S. in Range Science (69) and a MS in Range Science with a specialty in Plant
Ecology (72). His curriculum included 24 hours of wildlife science courses and 30 hours
of plant ecology. Another 12 hours included taxonomy in these areas. He was employed
by the US Soil Conservation Service from 1972-74 as a Range Conservationist. He was
a staff ecologist for Dames & Moore from 74-76. Most of his work assignments were out
of Boca Raton and Bartow. From 1976 to 1986 he worked as a staff ecologist for Espey,
Huston & Associates. He has been self employed as a consulting ecologist since 1986.
During that time, he has conducted field surveys throughout Florida for both vegetation
and faunal components for many projects, ranging from small commercial tracts to
phosphate mines and power plants. His first southwest Florida project was the
permitting of an Exxon drilling pad in the Big Cypress National Preserve in 1975. Other
regional projects of interest include ecological surveys in conjunction with Stat 4/5 of the
Everglades Restoration Project and the wetland impacts and mitigation for expansion of
the Florida Gas pipeline, a number of local mining and development projects.
Derry Stockbridge has a B.S. (70) and MS (73) in Wildlife Biology from the University of
Georgia (Athens). He has been employed as a wildlife biologist by the Southeastern
Cooperative Wildlife Disease Study Unit (72-73). He was a staff ecologist for Law
Engineering (73-74), Woodward-Envicon (74), Dames & Moore (74-79). During that
time he was a wildlife project manager for such projects as the Turkey Point Nuclear
Power Plant and the Miami Jetport. Mr. Stockbridge formed and worked for Wildlife
Page 516 of 4908
Site Location
JLM East - Fluccs MapPROJECT:
Oct 25, 2022DATE:
DRAWN BY:
6240
11.89 ac
NW
Total: 37.20
Fluccs Description Area (ac)
1100 Low density residential 0.67
2110 Tame Pasture 0.50
4110-2110 Pine Flatwoods - Tame pasture 9.06
6210-4280 Cypress-Cabbage Palm 11.59
6240 Cypress - Pine - Cabbage Palm 11.89
6240-WET Cypress - Pine - Cabbage Palm 3.49
6210-4280
11.59 ac
4110-2110
9.06 ac
Immokalee Rd
6240-Wet
3.49 ac
2110
0.50 ac
1100
0.19 ac Richard St1100
0.48 ac
Page 517 of 4908
Specialists, Inc. from 1979 through 2017. He has conducted dozens of species studies
relative to Collier County projects as well as throughout south Florida from 1988 through
2022. He has been with Synecological Analysts® since 2017.
A complete listing of potential species can be found at the following link on the Collier
County website https://www.colliergov.net/index.aspx?page=352. As discussed
previously the habitat quality of vegetation on this site is not suitable for potential listed
species.
3.1 Wildlife
No nest, sign, calls, tracks or other indication of Federal or State listed species were
encountered on this site. Special interest were given to the fill area boundaries along
Immokalee Rd because these area are sometimes frequented by Gopher tortoise or the
Eastern indigo snake. Nothing relating to these species was encountered on or adjacent
to this site. The absence of a viable herbaceous strata of desirable forage combined
with almost complete canopy coverage and near surface rock make the non slope
portions of this site degrade its Gopher tortoise habitat value. Because of the large
number of Pond cypress root rot cavities there is a potential for their use by tortoise and
awareness of their potential presence, especially at the site margins to the north and
south where the burrow to forage distance is potentially manageable for them. The
closed canopy combined with the exotic shrub canopy make it unlikely the Big Cypress
of fox squirrel has adequate habitat to utilize this site. This site is located in the
Secondary Florida Panther Zone is bounded surrounded by development on two sides
and a major roadway on a third.. Panther use would involve traveling through
commercial and/or residential areas and across Immokalee Rd, making utilization of this
site very unlikely. The absence of mature pine forests within miles of this site, exotic
dominance of much of the site vegetation combined with surrounding development
preclude this site as Red-cockaded woodpecker habitat. A visual survey of potential
cavities suitable for use by Eumops floridanus (Florida bonneted bat) found none
suitable above the shrub canopy. There are numerous root rot cavities at the base of
Pond cypress tress but the dense Brazilian pepper shrub structure make use of these
somewhat limited. These cavities were examined visually for FBB sign such as guano.
None was found. This site is not located in or near the USWSW Proposed Critical
Habitat area for this species. The are no American bald eagle nest within miles of this
site. Protected wildlife species lists are included in Appendix A for reference along with
consultation areas for bonneted bat, panther consultation areas and zone map and
black bear nuisance call , including two apparently from residents of this assemblage.
Management plans for select listed species and a map showing the proposed bonneted
bat Critical Habitat Areas are also included.
3.2 Vegetation
Beyond the already mentioned Federal regulatory agencies, three additional agencies
with primary purview over listing or tracking plant species are the Florida Fish and
Wildlife conservation Commission (FWC), the Florida Department of Agriculture and
Page 518 of 4908
consumer Services (DFDACS), Division of Plant Industries (DPI). Relevant list were
used for SAI’s surveys of this site.
No listed plant species have been observed on this site during our recent survey. The
previous site impacts along with enormous exotic shrub component on this site make
listed plant species occurrence very unlikely.
4.0 NATIVE VEGETATION PRESERVATION
Collier County LDC requires the preservation of native vegetation on projects such as
the one proposed here. Using the criteria put forth in the LDC, it appears that
approximately 9.3 acres of this site meet the criteria. This area is proposed as Native
Retention. The proposed retention are abuts the adjoining preserved area to the east,
provides N-S mobility for animals and offers a complementary mix of habitat diversity.
The combination of with the adjacent natural area has a multiplier effect of our proposed
Native Retention area. In other words, adjacent they increase the habitat quality of both
areas.
5.0 SUMMARY
The JLM Living West Residential Planned Unit Development is located in Section 25,
Township 48 Range 26 in Collier County, FL. This site is two miles east of the SR
951/Immokalee Rd intersection on the south side of the road and is approximately 7.5
miles E from US 75 and 0.4 mile E from CR 951. This assemblage consists of five
parcels, Folio#’s 00191600005, 00191360002, 00191400001,0019144000 and
190520005. The site is bounded by Immokalee Rd. To the north, Naples Classical
Academy to the west, Ventana Development to the east and forested land on the south.
No wetlands jurisdictional efforts have been conducted on this site. If wetlands are
encountered during the Federal and State agency review of these two parcels, they will
be evaluated and mitigated consistent with State and Federal permitting protocols.
No animal species were observed and no suitable habitat exists for them on this parcel
because of exotic vegetation dominance resulting from impacts to this land over the
years as well as adjacent development on three sides.
Page 519 of 4908
Site Location
JLM East - Species Transect MapPROJECT:
Oct 25, 2022DATE:
6240
11.89 ac
DRAWN BY: NW
Total: 37.20
Fluccs Description Area (ac)
1100 Low density residential 0.67
2110 Tame Pasture 0.50
4110-2110 Pine Flatwoods - Tame pasture 9.06
6210-4280 Cypress-Cabbage Palm 11.59
6240 Cypress - Pine - Cabbage Palm 11.89
6240-WET Cypress - Pine - Cabbage Palm 3.49
Property boundary
50'