Agenda 09/24/2024 Item # 9B (JLM Living East Residential multi-family dwelling)9/24/2024
Item # 9.B.
ID#: 2024-762
Executive Summary
This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve a rezoning of real property from a Rural
Agricultural (A) zoning district within the Rural Fringe Mixed-Use Overlay-Receiving District and within the Special
Treatment Overlay (ST) for the project to be known as JLM Living East RPUD to allow construction of up to 305 multi-
family dwelling units with affordable housing on property located on the south side of Immokalee Road, east of
Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, consisting of 37.2± acres. (PL20220003805)
(Companion to items 9A & 17A (PL20220003804 and Vacation PL20230007642))
OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s findings and recommendations
along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above-referenced
petition and render a decision regarding the petition and ensure the project is in harmony with all the applicable codes
and regulations to ensure that the County's interests are maintained.
CONSIDERATIONS: The subject property is ±37.2 acres of undeveloped, agriculturally (A) zoned land within the
Rural Fringe Mixed-Use Overlay-Receiving (RFMUO-Receiving) district located on the south side of Immokalee Road,
east of Woodcrest Drive, and toward the leading edge of new development heading east on Immokalee Road into the
RFMUO.
The applicant is requesting to change the current zoning to a Planned Unit Development known as JLM Living East
RPUD to allow the construction of up to 305 residential, rental-only dwelling units. Units may be single-family,
attached, detached, or duplexes. Units may be either one- or two-story except for two areas noted on the master plan,
where units will be restricted to one-story to provide additional privacy to neighboring developments to the east and
west. The units will be constructed on a single parcel under unified ownership and have a common recreational
amenity.
Fifteen percent (15%) of the units will be rented to households whose incomes are up to and including 80 percent (80%)
of the Area Median Income (AMI) for Collier County and corresponding rent limits. Another 15 percent (15%) of the
units will be rented to households whose incomes are up to and including 100 percent (100%) of the AMI for Collier
County and corresponding rent limits.
Primary access to the property will be via Immokalee Road at the property's northern end. A second, emergency-only
access point will be via Sundance Street at the property’s southern edge. There is a possible second primary access point
for pedestrians and vehicles through the charter school, which abuts to the west, to a signalized intersection at
Immokalee Road.
FISCAL IMPACT: The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset
the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the
Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service
(LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review
fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning
Commission to analyze this petition.
GROWTH MANAGEMENT IMPACT: The subject property has a future land use designation of Agricultural/Rural,
Rural Fringe Mixed Use Overlay - Receiving (RFMUO-Receiving). Significant portions of the RFMUO, which consists
of 77,000 acres, are adjacent to either urban areas or the semi-rural, large-lot North Golden Gate Estates. The RFMUO
provides a transition between the county’s urban and Estates lands and provides a balanced approach to development to
protect natural resources and private property rights while allowing, in designated areas, appropriate density and
intensity of development. After analysis, Comprehensive Planning staff concluded that the proposed Growth
Management Plan Amendment (GMPA) is consistent with the FLUE and Florida Statutes §163.3177 and recommends
approval of the GMPA.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require
Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project
Page 628 of 4908
reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services
staff recommend approval of the proposed petition.
COLLIER COUNTY PLANNING COMMISSIONRecommendation: The CCPC heard Petition PUDZ-
PL20220003805, JLM Living East RPUD, 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 five conditions of approval
which were discussed during the meeting. Following the hearing, staff and the applicant agreed on language for each of
these conditions, which is reflected in the attached ordinance. The five conditions were:
• Modification to language describing housing types (Exhibit A, Permitted Uses, A1)
• Minimum driveway length of 23 feet between back of curb and the garage (Exhibit B, Table 1, Footnote 5),
• Modified definition of essential Service Personnel (Exhibit F, Affordable Housing B1),
• Homes abutting adjacent residential developments shall be one-story as shown on Exhibit C (Exhibit F,
General, E) and
• Reduction in maximum daily trip generation shall not exceed 295 two-way PM peak hour trips (Exhibit F,
Transportation, A)
Staff put this item on the regular agenda due to nine public speakers at the CCPC meeting. All nine mentioned traffic as
being an issue. Other comments included concern over school capacity and safety of the children (2 comments), support
of affordable housing (2 comments), and one comment concerning wildlife safety.
LEGAL CONSIDERATIONS: This is a site-specific rezone from five Rural Agricultural parcels within the Rural
Fringe Mixed-Use Overlay-Receiving Lands to a Residential Planned Unit Development (RPUD) Zoning District for a
project to be known as JLM Living East RPUD. The burden falls upon the applicant to prove that the proposed rezoning
is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners, should
it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory, or unreasonable.
This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below.
Criteria for PUD Rezones
Ask yourself the following questions. The answers assist you in making a determination for approval or not.
1. Consider: 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.
2. Is there adequacy of evidence of unified control and suitability of agreements, contracts, 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.
3. Consider: Conformity of the proposed PUD with the Growth Management Plan's goals, objectives, and
policies.
4. Consider: 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.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development?
6. Consider: The timing or sequence of development (as proposed) to assure the adequacy of available
improvements and facilities, both public and private.
7. Consider: The ability of the subject property and surrounding areas to accommodate expansion.
8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on a determination that such modifications are justified as meeting public purposes to a
degree at least equivalent to the literal application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, policies, future land use map, and the
elements of the Growth Management Plan?
10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern?
11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and
nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the
Page 629 of 4908
property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed
incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic,
including activity during construction phases of the development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air in adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance
with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as
contrasted with the public welfare.
21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing
zoning? (a “core” question…)
22. Is the change suggested out of scale with the needs of the neighborhood or the county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts
already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site alteration that would be required to
make the property usable for any of the range of potential uses under the proposed zoning classification.
25. Consider: The impact of development resulting from the proposed PUD rezone 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.
26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County
Commissioners shall deem important in protecting public health, safety, and welfare?
The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied
to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons,
and the oral testimony presented at the Board hearing as these items relate to these criteria. Should this item be denied,
Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable
portions of an ordinance, rule, statute, or other legal authority for the denial. This item is approved as to form and
legality and requires an affirmative vote of four for Board approval. (HFAC)
RECOMMENDATIONS: To approve the request for Petition PUDZ-PL20220003805, with agreed-upon conditions,
JLM Living East Residential Planned Unit Development (RPUD) is subject to the approval of the companion GMPA.
PREPARED BY: Eric Ortman, Planner III, Zoning Division, Growth Management Development Department
ATTACHMENTS:
1. Staff Report JLM Living East Final 1.3.24
2. Ordinance 012324 JLM
3. Applicants Backup Material
4. Applicant's Exterior Wall Fire Resistance
5. Legal Ad and Sign Posting
6. Additional Public Correspondence
7. Affidavit of Sign Posting 2024
8. legal ads - agenda IDs 27668 & 27810 (24-76 & 24-762) - JLM Living East GMPA & PUDZ PL20220003804-PL20220003805
Page 630 of 4908
PUDZ-PL20220003805 JLM Living East RPUD Page 1 of 16
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH
MANAGEMENT DEPARTMENT
HEARING DATE: JANUARY 4, 2024
SUBJECT: PUDZ-PL20220003805; JLM LIVING EAST RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD); COMPANION TO GMPA-PL20220003804
OWNER/APPLICANT/AGENTS:
Owner:
Please see Attachment 2
There are five different owners.
Applicant:
D.Wayne Arnold
Q.Grady Minor & Assoc.
3800 Via Del Rey
Bonita Springs, FL. 34134
Applicant:
JLM Living, LLC
3839 Bee Caves Road #205
Austin, TX 78746
Agent:
Richard Yovanovich
Coleman, Yovanovich, Koester
4001 Tamiami Trail N. Ste 300
Naples, FL. 34103
REQUESTED ACTION:
To have the Collier County Planning Commission (CCPC) consider an application to rezone five vacant
parcels currently zoned Agricultural (A) with a Rural Fringe Mixed-Use Overlay Receiving (RFMUO-
Receiving) to a Residential Planned Unit Development (RPUD) to be known as the JLM Living East RPUD.
The petitioner requests a maximum of 305 units; units may be attached or detached. All units will be rental units.
The RPUD also will have an affordable housing component to it.
GEOGRAPHIC LOCATION:
The ±37.2-acre subject property is located on the south side of Immokalee Road, approximately 670 feet west
of the intersection of Immokalee Road and Richards Street in Section 25, Township 48 South, Range 26 East, Collier
County, Florida. Page 2 contains a site location map; pages 3 and 4 contain the most recent proposed master
plan.
Page 631 of 4908
Krape RDC al us a Pines DR
Ventana CT
RidgeRD Si
e
s
t
aBayDRHeritageBayBLVDDragonL NCannon BLVD
Somerset P
L
Immokalee RD
Curlew DR
Sundance ST
An ti g ua L N Richards STGrenadines
WAYWildwood BLVDBis cayne BayLN
Ventana LNSmokehouse Bay DR
X1.9
X10
X32
X29
X23
X35
X12
X1
X11
X9
X30
X31
À1 À1À2
À74
À11
À10
À9
À8
À7
À6
À5
À4
À3
À2
À1
À12
À17
À13
À14
À18
À19
À20
À21
À22
À23
À24
À16
À15
À41
À40
À42À43À44
À101
À102
À103
À104
À105
À32
À33
À34
À35
À36
À37
À38
À39
À31
À30
À29
À28
À27
À26
À25
À1
À1
À1
À1
À1
À1
À1
À1
TRACT L-28 TRACT L-29TRACT K
TRACT R-2TRACT LB-2
SMOKEHOUSE BAY DRIVE
COACH HOMES III AT HERITAGE BAY CONDO
BLDG 82 BLDG 80 BLDG 79 BLDG 78BLDG 81(PH 1) (PH 2)(PH 3) (PH 4)(PH 5)BLDG 77(PH 6)
BLDG 75
(PH 8)BLDG 76(PH 7)
BLDG 74 BLDG 73
(PH 9) (PH 10)
BLDG 72
(PH 11)
TRACT K BLDG 71
(PH 12)
BLDG 70(PH 13)BLDG 69(PH 14)BLDG 68(PH 15)
TRACT LK-2
TRACT C-1
TRACT FD-4
TRACT LK-5
TRACT P-2
TRACT P-3A
TRACT LK-2
TRACT LK-2
TRACT GC-2
TRACT FD-3
TRA
C
T
R
D
-
1
OR 3302 PG 3251
OR 1504 PG 2213
OR 1463 PG 540OR 1129 PG 2148OR 112 PG 534
OR 675 PG 553
CU,SV
CU
DRI, PDI
A-MHOA
PUD A-MHO
RPUD
HERITAGE BAY
VENTANAPOINTE RPUD
Antigua LN
Cannon BLVDSomersetPLImmokalee RD
RichardsSTSundance S T
Grenadines
WAYCalusa P
i
n
e
s
D
R
Smokehouse Bay DR
Location Map Zoning Map
Petition Number: PL20220003805
PROJECTLOCATION
¹
SITELOCATION
Page 5 of 16Page 5 of 16Page 5 of 16Page 5 of 16Page 5 of 16Page 5 of 16Page 5 of 16
Page 2 of 16 Page 632 of 4908
15' WIDE TYPE 'B' LANDSCAPE BUFFERZONED: VENTANA POINTE RPUD
(PB70, PG 5-9)
USE: PRESERVE
ZONED: A (RFMUO-RECEIVING LANDS)
USE: CHARTER SCHOOL
ZONED: VENTANA POINTE RPUD
(PB70, PG 5-9)
USE: RESIDENTIAL15' WIDE TYPE 'B' LANDSCAPE BUFFERZONED: A (RFMUO-RECEIVING LANDS)
LAMORADA (PB 59, PG 1-15)
USE: RESIDENTIAL
ZONED: A (RFMUO-RECEIVING LANDS)
LAMORADA (PB 59, PG 1-15)
USE: GOLF COURSE
IMMOKALEE ROAD
25' VENTANA
POINTE LBE
30' PUBLIC ROAD ROW
(OR2116 PG2240)
E1
E210' WIDE TYPE
'D' LANDSCAPE
BUFFER
20' WIDE TYPE
'D' LANDSCAPE
BUFFER
MINIMUM 6-FOOT WIDE LANDSCAPE
BUFFER RESERVATION (SEE NOTE #2)
POTENTIAL
VEHICULAR/PEDESTRIAN
INTERCONNECTION
SUNDANCE STREET
R
R
R
R
R
R
R
AA
R
R
R
R
R
R
R
LAKE
R
LAKE
LAKE
EMERGENCY
ACCESS ONLY
PRESERVE
FUTURE CAT BUS STOP
SHELTER EASEMENT
(APPROXIMATE LOCATION)
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
0 300'150'
SCALE: 1" = 300'
LEGEND:
R RESIDENTIAL
AA AMENITY AREA
E# EASEMENT (SEE NOTE SHEET)
Page 3 of 16 Page 633 of 4908
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
NOTES
1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO
AGENCY PERMITTING REQUIREMENTS.
2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER
EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH 4.06.02 AND 4.06.05.E.1.
SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE
WITH LDC SECTION 3.05.07. IN ORDER TO MEET THE REQUIREMENTS OF A TYPE 'B' BUFFER,
A 6-FOOT-WIDE LANDSCAPE BUFFER RESERVATION LOCATED OUTSIDE OF THE PRESERVE
WILL BE CONVEYED BY OWNER TO A HOMEOWNER'S ASSOCIATION OR CONDOMINIUM
ASSOCIATION AT TIME OF SDP OR PLAT APPROVAL. THE 6' WIDE LANDSCAPE BUFFER
RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE
PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND
SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE
6' WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE AND
NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL
SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT.
DEVIATIONS (SEE EXHIBIT E)
NO DEVIATIONS REQUESTED
EASEMENT INDEX:
E1 - 10' PUBLIC ROAD ROW EASEMENT (OR5239, PG767), (OR 1476, PG 242) AND (OR 5305,
PG 3751) - TO BE VACATED
E2 - 30' PUBLIC ROAD ROW EASEMENT (OR129, PG513) (OR5239, PG767), (OR 1476, PG
242), (OR736, PG516) AND (OR 5305, PG 3751)
SITE SUMMARY
TOTAL SITE AREA: 37.2± ACRES
RESIDENTIAL: 23.57± ACRES (63%)
AMENITY AREA: 0.66± ACRES (2%)
LAKE:1.92± ACRES (5%)
PRESERVE: 9.3± ACRES (25%)
BUFFERS: 1.3± ACRES (4%)
SUNDANCE ST: 0.45± ACRES (1%)
RESIDENTIAL: MAXIMUM 305 MULTI-FAMILY RENTAL DWELLING UNITS
OPEN SPACE:
REQUIRED:50% (CONSISTENT WITH THE JLM LIVING EAST RESIDENTIAL OVERLAY)
PROVIDED: 50% (WITHIN THE OVERALL PUD)
PRESERVE:
REQUIRED: 9.3± ACRES (37.2± ACRES NATIVE VEGETATION X 25%)
PROVIDED: 9.3± ACRES
Page 4 of 16Page 634 of 4908
PUDZ-PL20220003805 JLM Living East RPUD Page 5 of 16
PURPOSE/DESCRIPTION OF PROJECT:
The RPUD rezone will convert five undeveloped parcels
(see graphic to the right) from A/RFMUO-Receiving to
RPUD. The petitioner is requesting a maximum of 305
rental-only dwelling units, which will be on a single
parcel. The RPUD will have a clubhouse, administrative
and recreational facilities for residents and guests, and
construction and leasing offices only during the active
construction phase. Attachment 1 contains the proposed
PUD ordinance.
30% of the units will be affordable housing, with 15% being
for households whose incomes are up to and including 100%
of the area median income (AMI) and 15% for households
whose incomes are up to and including 80% of Collier
County’s AMI.
Primary access will be via Immokalee Road. The
applicant is willing to provide an emergency access point
via Sundance St. at the property’s southern boundary. A
potential secondary access could be through the Naples
Academy Charter School, which has a signalized
intersection at Immokalee Road. Staff has not received
any additional details or commitments of this potential
secondary access point.
SURROUNDING LAND USE AND ZONING:
All land shown is also in
RFMUO
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject ±37.2-acre site is designated Agricultural/Rural/Rural
Fringe Mixed-Use Overlay – Receiving on the Future Land Use Map (FLUM) and is zoned Agricultural
(A)with a RFMUO-Receiving Overlay. The RFMUO replaces the underlying zoning district where that
underlying zoning district is A. The RFMUO consists of approximately 77,200 acres (6% of Collier’s total
land area) and provides a transition between the Urban and Estates Designated lands and the Urban and
Naples
Academy
Charter
School Subject
Property
Golf Course
North: Immokalee Rd ROW
South: Golf Course (A)
East: Ventana Pointe RPUD
West: Agricultural (A):
current uses include a school, golf
course, residential development,
parcels pursuing a separate PUD
rezoning (R)
Page 635 of 4908
PUDZ-PL20220003805 JLM Living East RPUD Page 6 of 16
Agricultural/Rural/Conservation designated lands farther to the east. The RFMUO employs a balanced
approach, using both regulations and incentives, to protect natural resources and private property rights.
The RFMUO-Receiving lands are those within the RFMUO that have been identified as the most
appropriate for development. Various incentives are used to direct development into Receiving Lands and
away from Sending Lands. These incentives include but are not limited to, the Transfer of Development
Rights (TDR) Program, clustered development, density bonuses, and provisions for central water and sewer.
According to the subject properties' FLUE designation, the Density Rating System would permit a base
density of 0.2 dwelling units per acre (DU/ac) and a maximum allowed density of 1 DU/ac with TDR credits.
An Affordable Housing Density Bonus (AHDB), if submitted based on LDC 2.06.03, would add 7.5 DU/ac to
bring the total potential number of units to 316, which is 11 more than the applicant is requesting. Due to the fact
that LDC 2.06.03 only allows income-restricted units to be owner-occupied at the income levels proposed, the
applicant has submitted a companion GMPA to establish a new overlay subdistrict to allow the development of
up to 305 detached and attached rental dwelling units over ±37.2 acres with a proposed density of 8.2 DU/ac. The
applicant is committing to 30% of the units (91.5 units) being income-restricted for affordable rental housing.
Half of these 91.5 units will be income-restricted for those making up to 80% of the AMI and half for those
making up to 100% of the AMI. The need for affordable housing in Collier County has been documented
in the 2017 ULI study and the 2017 Collier County Housing Plan, private sector developers, and members
of the public. The applicant provided a general reference to these two studies to support the plan
amendment. However, no specifics were provided, such as an analysis of employment opportunities within
a five-mile radius.
Comprehensive Planning staff used LDC 2.06.03 to calculate allowable density. The table below shows the
total units allowed based on units permitted by right, TDR credits, and affordable housing density bonus
per LDC 2.06.03; the result is a density of 8.5 DU/ac or a total of 316.4 dwelling units.
DU/ac Total Units Allowed
Allowable Base Density in RFMUO 0.2 7.4
30 TDR Credits 0.8 29.8
15.0 % of total units at AMI ≤80% 4.5 167.4
15.0% of total units at AMI ≤100% 3.0 111.6
Totals 8.5 316.4
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 and the applicant have been working on a secondary access point. The
applicant has indicated that they have been talking with the Naples Academy Charter School to provide
secondary access through school property; however, nothing definitive has been decided. The Naples
Academy Charter School would need to redo its conditional use, which would involve time and money
costs. The applicant has committed to providing an emergency access point to/from Sundance Street.
It is, therefore, the determination of comprehensive planning staff that the proposed GMPA is consistent
with the goals/policies of the FLUE and the Florida Statue Section 163.3177.
Transportation Element: In evaluating this project, staff reviewed the applicant’s revised April 21, 2023
Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth
Management Plan (GMP) using the 2022 Annual Update and Inventory Reports (AUIR).
Policy 5.1 of the Transportation Element of the GMP states;
“The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE)
Page 636 of 4908
PUDZ-PL20220003805 JLM Living East RPUD Page 7 of 16
affecting the overall countywide density or intensity of permissible development, with consideration
of their impact on the overall County transportation system, and shall not approve any petition or
application that would directly access a deficient roadway segment as identified in the current AUIR
or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or
which significantly impacts a roadway segment or adjacent roadway segment that is currently
operating and/or is projected to operate below an adopted Level of Service Standard within the five
year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or
application has significant impacts if the traffic impact statement reveals that any of the following
occur:
a.For links (roadway segments) directly accessed by the project where project traffic is equal to
or exceeds 2% of the adopted LOS standard service volume;
b.For links adjacent to links directly accessed by the project where project traffic is equal to or
exceeds 2% of the adopted LOS standard service volume; and
c.For all other links the project traffic is considered to be significant up to the point where it is
equal to or exceeds 3% of the adopted LOS standard service volume.
Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and
submitted as part of the traffic impact statement that addresses the project’s significant impacts
on all roadways.”
Staff finding: According to the TIS provided with this petition, the proposed development will generate a
projected total of +/- 314 PM peak hour and 2-way trips on the adjacent roadway segments of Immokalee
Road and Collier Boulevard. The trips generated by this development will occur on the following adjacent
roadway link:
Link/Roadway Link Current
Peak Hour
Peak
Direction
Volume/P
eak
Direction
Projected
P.M. Peak
Hour/Peak
Direction
Project Trips
(1)
2021 AUIR
LOS/
Remaining
Capacity
2022 AUIR
LOS/
Remaining
Capacity
43.1/Immokale
e Road
I-75 to Logan
Blvd
3,500/East 59/East D/
645
D/
480
43.2/Immokale
e Road
Logan Blvd to
Collier Blvd
3,200/East 69/East E/
1 (2)
F/
(399)(2)
44.0/Immokale
e Road
Collier Blvd
to Wilson
Blvd
3,300/East 158/East F/
(403)(2)
F/
(426)(2)
30.1/Collier
Boulevard
(CR-951)
Immokalee Rd
to Vanderbilt
Beach Rd
3,000/Nor
th
69/North D/
555 (2)
D/
445 (2)
30.2. Collier
Boulevard
(CR-951)
Vanderbilt
Beach Rd to
Golden Gate
Blvd
3,000/Sou
th
40/North B/
1,502
B/
1,412
•(1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the petitioner's November 11, 2022 Traffic Impact
Statement.
•(2) Expected or existing deficient by trip bank, see State Statute 169.3180.
Page 637 of 4908
PUDZ-PL20220003805 JLM Living East RPUD Page 8 of 16
Provisions of Florida Statute 163.3180
Must allow an applicant to enter into a binding agreement to pay or construct their proportionatefair share.
Facilities determined to be deficient with existing, committed, and vested trips plus projectedbackground traffic from any source other than the development shall be removed from theproportionate share calculation.
The improvement necessary to correct this type of deficiency is the funding responsibility of themaintaining entity.
Applicant must receive a credit for the anticipated road impact fees.
This proposed development does not cause the expected and existing deficiencies.
Based on the Traffic Impact Statement (TIS), the 2021 and 2022 AUIR, and the provisions of State Statute
169.3180, the subject PUD is consistent with Policy 5.1 of the Transportation Element of the Growth
Management Plan. The TIS indicates that the adjacent roadway network has sufficient capacity to
accommodate this project within the 5-year planning period, as noted above.
Conservation and Coastal Management Element (CCME): Environmental review staff has found this
project to be consistent with the Conservation & Coastal Management Element (CCME). The project site
consists of 37.2 acres of native vegetation. A minimum of 9.3 acres (25%) of native vegetation is required
to be preserved.
GMP Conclusion: The Planned Unit Development Rezone petition may only be deemed consistent with
the Growth Management Plan's Future Land Use Element (FLUE) if the companion GMPA is approved
and is in effect. Comprehensive Planning finds the petition is consistent with the GMPA at 8.2 DU/ac
density.
STAFF ANALYSIS:
Applications to rezone to a RPUD shall include a Master Site Plan for development, a list of permitted and
accessory uses, development standards, any requested deviations, justifications, and developer
commitments. Staff has completed a comprehensive evaluation of this land use petition, including
the criteria upon which a recommendation must be based, specifically noted in LDC Section
10.02.13.B.5, Planning Commission Recommendations (commonly referred to as the “PUD
Findings”), and Section 10.02.08.F. Nature of Requirements of Planning Commission Reports
(commonly referred to as “Rezone Findings”), which establish the legal basis to support the
CCPC’s recommendation. The Planning Commission uses these criteria as the basis for its
recommendation to the Board of County Commissioners, who in turn use the criteria to support their
action on the rezoning request. An evaluation relative to these subsections is discussed below under the
heading “Zoning Services Analysis.” In addition, staff offers the following analyses:
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 (USFWS) 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 suggests 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 USFWS 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.
Page 638 of 4908
PUDZ-PL20220003805 JLM Living East RPUD Page 9 of 16
Transportation Review: The Transportation Planning staff has reviewed the petition for compliance with
the GMP and the LDC. Transportation Planning Staff recommends approval of the proposed JLM Living
RPUD with the following Conditions of Approval:
Condition of Approval: The Owner shall convey to Collier County at the time of
the first Site Development Plan (SDP) or Plat for this project a Collier Area Transit
(CAT) Bus Stop Easement adjacent to the Immokalee Road Right-Of-Way (ROW)
with a minimum 6-foot-wide sidewalk connection to the LDC required sidewalk.
The easement shall, at a minimum, be 25 feet x 12.5 feet in size. The easement
conveyance and sidewalk will be at no cost to the County and free and clear of all liens
and encumbrances.
Utility Review: The project lies within the regional potable water service area and the North County Water
Reclamation Facility’s wastewater service area of the Collier County Water-Sewer District (CCWSD).
Water and wastewater services are available via existing infrastructure within the adjacent right-of-way.
Sufficient water and wastewater treatment capacities are available.
Any improvements to the CCWSD’s water or wastewater systems necessary to provide sufficient capacity
to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD
at no cost to the County at the time of utility acceptance.
Landscape Review: Staff has reviewed the petition for compliance with the LDC and recommends approval
of this project. The buffer types labeled on the Master Plan are consistent with the Land Development Code.
Stormwater Review: Stormwater staff has reviewed the petition for compliance with the GMP and the LDC
and recommends approval of this project.
Zoning Services Review: The RFMUO standards replace those of the underlying district when that
district is agriculturally zoned. The base density in the RMFUO-Receiving Lands is 0.2 dwelling units
per acre (DU/ac); this equates to 7.4 units for the subject property (37.2 * 0.2 = 7.4). TDR credits
may be used to bring the maximum allowable density up to 1 DU/ac. Thirty (30) TDR credits are
committed to bringing the density up to 1 DU/ac, which adds 29.8 units to bring the total to 37.2 units.
The applicant is committing to renting 15% of the total units constructed
to households whose incomes are up to and including 100% (“moderate”)
of the Collier County AMI and committing to renting 15% of the total units
constructed to households whose incomes are up to and including 80%
(“low”) of the Collier County AMI. Using LDC 2.06.03 (see excerpt to the
right), this equates to an AHDB of 3 units per acre at the moderate-income
level and 4.5 units per acre at the low-income level. The maximum density
using the underlying zoning, TDR credits, and the AHDB is 8.5 DU/ac,
equating to a total of up to 316.4 dwelling units, 11 more than the applicant requested. Note that footnote
#4 of the AHDB table requires owner-occupied units at a moderate-income level.
Maximum Potential Units Using Base Zoning, TDR Credits, and AHDB
AMI Moderate Income 37.2 * 3 = 111.6
AMI Low Income 37.2 * 4.5 = 167.4
Base Zoning and TDR Credits = 7.4
TDR Credits 30.0
Total Units 316.4
Page 639 of 4908
PUDZ-PL20220003805 JLM Living East RPUD Page 10 of 16
The applicant is requesting a reduction in the overall usable open space requirement to 50%, page 86 of
the FLUE notes that affordable housing projects developed in accordance with Section 2.06.00 of the
LDC shall provide a minimum of 50% usable open space equal to what is being requested. Usable
open space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways,
lakes, nature trails, conservation and preserve areas, lawns, gardens, and landscape areas. Off-street
parking and loading areas do not count as usable open space.
The project will be developed as a multi-family project on a single parcel. Principal structure setbacks from
the PUD boundary will vary between 15 and 20 feet. Maximum building height will be 30 feet zoned and
35 feet actual. Front yard setbacks will be 20 feet, and preserve setbacks will be 25 feet. The minimum
floor area for each unit will be 650 square feet.
The applicant requests an eight-foot building separation, which is two feet less than what is normally
required. The reduced separation requirement is being utilized to lower the vertical profile of the units to
fit the existing development profile of the surrounding area better. Staff supports the eight-foot separation
provided the applicant provides Florida Building Code or other justification for the reduced setback and
Fire Review Services permits the reduction. This may be done at SDP.
PUD FINDINGS:
LDC Section 10.02.13.B.5 states that, “In support of its recommendation, the Planning Commission shall
make findings as to the PUD Master Plan’s compliance with the following criteria in addition to the
findings in LDC Section 10.02.08”:
1.The suitability of the area for the type and pattern of development proposed in relation to the
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities.
The subject property abuts the six-lane Immokalee Road at its northern border. The TIS indicates that the
adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning
period, as noted above. Water and wastewater mains are available along Immokalee Road. There are
adequate water and wastewater treatment capacities to serve the project.
.
1
4
3
2
5
The graphic to the right and table below
represent a lands square that is approximately
11,000 feet east-west and 11,000 feet north-
south with existing PUDs and the proposed
PUD shown. Densities are shown in the table
below. Most of the rest of the land is zoned
Agricultural and is within the RFMUO.
There are several large land developments on
land zoned Agricultural that consist of golf
courses and residential dwellings with lower
densities.
Development continues to spread to the east in
Collier County with the proposed project being
at the inflection point between urban and rural
designated
#Zoning Density (DU/ac.)
Subject Property 8.2 Proposed
1 Ventana Pointe PUD 2.0
2 Golf Club Everglades PUD 1.1
3 Bent Creek PUD 3.3
4 Abaco Club PUD 6.5
5 Heritage Bay PUD 1.3
Page 640 of 4908
PUDZ-PL20220003805 JLM Living East RPUD Page 11 of 16
2.Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, 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.
The County Attorney’s Office reviewed documents submitted with the application and demonstrated
unified control of the property.
3.Conformity of the proposed Planned Unit Development with the goals, objectives, and policies
of the Growth Management Plan (GMP).
The Future Land Use Designation of the subject property is Agricultural/Rural Designation/Rural Fringe
Mixed- Use Overlay – Receiving on the FLUM and is zoned Agricultural (A). The GMP for these two
designations states, “the Agricultural/Rural Designation is for those areas that are remote from the existing
development pattern, lack public facilities and services, are environmentally sensitive, or are in
agricultural production. Urbanization is not promoted; therefore, most allowable land uses are of low
intensity in an effort to maintain and promote the rural character of these lands.”
“The Rural Fringe, Mixed Use District, provides a transition between the Urban and Estates Designated
lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the
east. The Rural Fringe, Mixed Use District, employs a balanced approach, including both regulations and
incentives, to protect natural resources and private property rights, providing for large areas of open space
and allowing, in designated areas, appropriate types, density, and intensity of development.”
Ongoing rapid development of the County, particularly east of Collier Boulevard, has changed the
surrounding area so that it is no longer remote from the current development pattern and is transitioning to
be less rural in character. There is no commercial agriculture within several miles of the subject property.
The Board of County Commissioners has recently increased density in the RFMUO. Given these factors, if
the companion GMPA is approved, the subject property may be considered to conform to the GMP.
4.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.
Based on the landscape review, staff is of the opinion that, from a landscaping perspective, the proposed
project will be compatible with the surrounding area. The buffers proposed in the Master Plan are consistent
with LDC requirements.
5.The adequacy of usable open space areas in existence and as proposed to serve the
development.
The development proposes providing 50% open space within the overall PUD, which is more than now
required by the GMP, which requires a minimum of 50% with affordable housing.
6.The timing or sequence of development to ensure the adequacy of available improvements
and facilities, both public and private.
The roadway infrastructure has sufficient to serve the proposed project, as noted in the Transportation
Element consistency review. Operational impacts will be addressed at the first development order (SDP or
Plat) when a new TIS will be required to demonstrate turning movements for all site access points. Finally,
the project’s development must comply with all other applicable concurrency management regulations
when development approvals, including but not limited to any plats and or site development plans, are
sought.
Page 641 of 4908
PUDZ-PL20220003805 JLM Living East RPUD Page 12 of 16
Water and wastewater mains are available along Immokalee Road. There are adequate water and
wastewater treatment capacities to serve the project.
Any improvements to the CCWSD’s water or wastewater systems necessary to provide sufficient capacity
to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD
at no cost to the County at the time of utility acceptance.
7. The ability of the subject property and surrounding areas to accommodate expansion.
Water and wastewater mains are available along Immokalee Road. There are adequate water and
wastewater treatment capacities to serve the project.
Any improvements to the CCWSD’s water or wastewater systems necessary to provide sufficient capacity
to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD
at no cost to the County at the time of utility acceptance.
It is not feasible for the PUD to expand its boundaries; however, an amendment to the PUD could be
applied for, which could increase the project’s density.
8.Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on a determination that such modifications are justified as meeting
public purposes to a degree at least equivalent to the literal application of such regulations.
The development will conform to the adopted ordinance. No deviations are proposed.
Rezone Findings:
LDC Subsection 10.02.08.F states, “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 of the
Future Land Use Map and the elements of the Growth Management Plan.
The Planned Unit Development Rezone petition may only be deemed consistent with the FLUE of the
Growth Management Plan if the companion GMPA is approved and is in effect.
2.The existing land use pattern.
The existing land use pattern (of the abutting properties) is shown in this staff report's Surrounding Land
Use and Zoning section. The proposed use would not change the existing land use patterns of the
surrounding properties.
3.The possible creation of an isolated district unrelated to adjacent and nearby districts.
The proposed petition is surrounded by residential development and is of sufficient size that it will not
result in an isolated district unrelated to adjacent and nearby districts.
Page 642 of 4908
PUDZ-PL20220003805 JLM Living East RPUD Page 13 of 16
4. Whether existing district boundaries are illogically drawn in relation to existing conditionson the property proposed for change.
As shown on the graphic on page five of this report, the property boundaries are logically drawn. Combining the five parcels into a single parcel will maximize the usability of the subject property.
5.Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
Favorable housing market conditions make housing development projects more financially attractive for a
developer. Land and construction costs have risen significantly in the last several years. Per the applicant,
the proposed project, including 91.5 units of affordable housing, is only financially feasible with the
requested bonus density increase. A GMPA is also required for the project to be consistent with the Growth
Management Plan.
6.Whether the proposed change will adversely influence living conditions in the neighborhood.
Development standards for the proposed PUD are comparable with development standards of nearby
properties. The units will all be Class A units. Immokalee Road has sufficient capacity to accommodate
traffic generated by the development. The proposed change would shift the area to a slightly more urban
environment but should not have a negative impact on living conditions in the neighborhood.
7.Whether the proposed change will create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses because of peak volumes
or projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
The roadway infrastructure has adequate capacity to serve the proposed project at this time and as outlined
above, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element
consistency review. Operational impacts will be addressed at the time of the first development order (SDP
or Plat). The project’s development must also comply with all other applicable concurrency management
regulations when development approvals are sought.
8.Whether the proposed change will create a drainage problem.
The proposed PUD will not cause a drainage problem.
9.Whether the proposed change will seriously reduce light and air to adjacent areas.
Principal structures in the proposed PUD have a maximum zoned height of 30-feet and a maximum actual
height of 35-feet. Ventana Point PUD, which abuts to the east, has a maximum zoned height of 35-feet and
a maximum actual height of 42-feet. Immokalee Road abuts to the north; a golf course abuts to the south.
To the west is a residential development that is a mixture of single and two-story dwellings. Given the
proposed setbacks and height limitations, the proposed project will not seriously reduce light and air to the
neighboring properties.
10.Whether the proposed change will adversely affect property values in the adjacent areas.
Location is a major component of house valuations. Currently, the Naples area is highly desirable as a place
to live. The dwelling units will be built to current development standards, creating an attractive overall
development. Property values are affected by many factors, including subjective criteria and other factors
that may be external to the subject property. Given these factors, it seems reasonable to conclude that the
Page 643 of 4908
PUDZ-PL20220003805 JLM Living East RPUD Page 14 of 16
project will not have a negative impact on the value of surrounding properties.
11.Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
The basic premise underlying the development standards in the LDC is that sound application, when
combined with the site development plan approval process and/or subdivision process, gives reasonable
assurance that a change in zoning will not result in deterrence to improvement or development of the
adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of
neighboring properties. However, as the project is currently proposed, a GMPA is required to make the
project compatible with the Growth Management Plan.
With one exception, the development standards are comparable to other PUDs. The applicant desires an
eight-foot separation. The reduced separation requirement is being utilized to lower the vertical profile of
the units to fit the existing development profile of the surrounding area better. Staff supports the eight-foot
separation provided the applicant provides Florida Building Code or other justification for the reduced
setback and Fire Review Services permits the reduction. This may be done at SDP.
12.Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
Should the companion GMPA be approved, the proposed project would be consistent with the Growth
Management Plan, which is the guiding land use document for the County. The proposed development
standards are comparable with the development standards for surrounding properties. The project will
provide 91.5 units of affordable housing (equally divided into the 80% and 100% AMI categories. In return
for this provision, the developer is asking for an increase in the density of the overall project. This
“affordable housing density bonus” is available to all developments. Given these factors, the proposed
development does not grant any special privileges to the project that are not available for any similar
projects.
13.Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
The property could be developed in accordance with the current zoning. However, there are legitimate
reasons for developing the property as proposed. The County needs more apartment/rental housing and
more affordable housing. This project will provide 305 units of rental housing, of which 91.5 will be
affordable housing.
14.Whether the change suggested is out of scale with the neighborhood's or the County's needs.
Assuming the adoption of the companion GMPA, the project will be consistent with the GMP and,
therefore, be in the public’s interest. While on the upper end of the range of densities in the immediate
surrounding area, the property is on the cusp of higher densities to the immediate west and lower densities
to the east, and as the development of the County continues, it should not be considered to be out of scale.
15.Whether it is impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
Other adequate sites within the County could fit the needs of the developer. However, a rezone and a GMPA
are likely also needed to achieve the sought density. This property abuts Immokalee Road and has both
water and wastewater services to the property.
Page 644 of 4908
PUDZ-PL20220003805 JLM Living East RPUD Page 15 of 16
16.The physical characteristics of the property and the degree of site alteration would be
required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
Since all the land contained in this petition is undeveloped, any development that occurs will require typical
site alteration, including land clearing, vegetation removal, additional fill, and development of a stormwater
management system. The project will undergo extensive evaluation relative to all federal, state, and local
development regulations during the SDP and/or platting processes and later as part of the building permit
process.
17.The impact of development on the availability of adequate public facilities and services is
consistent with the levels of service adopted in the Collier County Growth Management Plan
and as defined and implemented through the Collier County Adequate Public Facilities
Ordinance, as amended.
There is sufficient capacity in the roadway system and public utility systems (water and wastewater) to
accommodate the proposed project. The project needs an approved GMPA to be consistent with the GMP.
A companion petition (PL20220003804) has been submitted with the rezoning petition.
The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public
Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding
adequate public facilities. This petition has been reviewed by county staff responsible for jurisdictional
elements of the GMP as part of the rezoning process, and staff has concluded that the developer has
provided appropriate commitments so that the impacts to the Level of Service (LOS) will be minimized.
18.Such other factors, standards, or criteria that the Board of County Commissioners shall
deem important in protecting public health, safety, and welfare.
To be determined by the Board of County Commissioners during the advertised public hearing.
DEVIATION DISCUSSION:
The petitioner is not seeking any deviation requests.
NEIGHBORHOOD INFORMATION MEETING (NIM):
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 green line denotes the extended buffer. Overall, there was moderate opposition
to the proposed project.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW:
This project does not require EAC review, as it did not meet the EAC scope of land development project
reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances.
Environmental Services staff recommend approval of the proposed petition.
Ventana
Point
Page 645 of 4908
PUDZ-PL20220003805 JLM Living East RPUD Page 16 of 16
COUNTY ATTORNEY OFFICE REVIEW:
The Applicant is requesting 305 dwelling units on 37.2 acres, or 8.2 dwelling units an acre. The applicant
also requests a building separation of 8 feet, a reduction of the Board’s policy of a 10-foot building
separation for single-family homes in Planned Unit Development Zoning Districts. In considering this
policy change, the Planning Commission should consider the appearance of 305 single-family homes with
an eight-foot building separation on a single parcel of land, the health and safety welfare of the public for
emergency access, and the placement of generators and AC units. For comparison, the building separation
required for single-family RSF-1 platted lots is 40 feet [20-foot side yard setbacks], and the required
building separation for RMF-6 is “50% of the sum of the heights of the buildings but not less than 15
feet.” The County Attorney’s office reviewed the staff report on October 20, 2023, and December 4, 2023.
RECOMMENDATION:
Staff recommends approval of Petition PL20220003805 at the requested density of 8.2 DU/ac) and the
proposed 30% of affordable housing with the following conditions.
1.The applicant shall provide a Florida Building Code or similar justification for the reduced eight-
foot separation. Fire Review must approve of the reduced separation. This condition can be handled
at the time of SDP.
2.The Owner shall convey to Collier County at the time of the first SDP or Plat for this project a CAT
Bus Stop Easement adjacent to the Immokalee Road Right-Of-Way (ROW) with a minimum 6-
foot-wide sidewalk connection to the LDC required sidewalk. The easement shall, at a minimum,
be 25 feet x 12.5 feet in size. The easement conveyance and sidewalk will be at no cost to the
County and free and clear of all liens and encumbrances.
Attachments:
1.Proposed Ordinance
2.Property Owner List
3.Applicant’s Exterior Wall Fire Resistance
4.Applicant Backup Documentation
5.Public Notice and Sign Postings
Page 646 of 4908
[23-CPS-02323/1841073/1]127
JLM Living East /PL20220003805
1/23/24
1 of 2
ORDINANCE NO. 2024 -_____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A)
ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED USE
DISTRICT OVERLAY-RECEIVING LANDS AND WITHIN THE
SPECIAL TREATMENT OVERLAY TO A RESIDENTIAL PLANNED
UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITHIN THE
RURAL FRINGE MIXED USE DISTRICT OVERLAY-RECEIVING
LANDS AND WITHIN THE SPECIAL TREATMENT OVERLAY FOR
THE PROJECT TO BE KNOWN AS JLM LIVING EAST RPUD, TO
ALLOW CONSTRUCTION OF UP TO 305 MULTI-FAMILY DWELLING
UNITS WITH AFFORDABLE HOUSING ON PROPERTY LOCATED ON
THE SOUTH SIDE OF IMMOKALEE ROAD, EAST OF WOODCREST
DRIVE, IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
CONSISTING OF 37.2± ACRES; AND BY PROVIDING AN EFFECTIVE
DATE. [PL20220003805]
WHEREAS, D. Wayne Arnold, AICP, of Grady Minor and Richard D. Yovanovich,
Esquire of Coleman, Yovanovich & Koester, P.A., representing JLM Living, LLC, petitioned the
Board of County Commissioners of Collier County, Florida, to change the zoning classification
of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 25,
Township 48 South, Range 26 East, Collier County, Florida, is changed from Rural Agricultural
(A) Zoning District within the Rural Fringe Mixed Use Overlay-Receiving Lands and within the
Special Treatment Overlay to a Residential Planned Unit Development (RPUD) within the Rural
Fringe Mixed Use Overlay-Receiving Lands and within the Special Treatment Overlay for a
Page 647 of 4908
[23-CPS-02323/1841073/1]127
JLM Living East /PL20220003805
1/23/24
2 of 2
37.2± acre project to be known as JLM Living East RPUD, to allow construction of a maximum
of 350 multi-family dwelling units, in accordance with Exhibits A through F attached hereto and
incorporated by reference herein. The appropriate zoning atlas map or maps, as described in
Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are
hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 2024-______ becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of 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: _____________________________ By: ___________________________________
, Deputy Clerk CHRIS HALL, Chairman
Approved as to form and legality:
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
Exhibit A: List of Permitted Uses
Exhibit B: Development and Design Standards
Exhibit C: Master Concept Plan
Exhibit D: Legal Description
Exhibit E: Deviations
Exhibit F: Development Commitments
Page 648 of 4908
(JLM Living East RPUD PL20220003805) (January 22, 2024) Page 1 of 12
JLM EAST LIVING RPUD
EXHIBIT A
LIST OF PERMITTED USES
Regulations for development of this PUD shall be in accordance with the contents of this document
and all applicable sections of the Growth Management Plan (GMP), the Land Development Code
(LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan
(SDP) or plat. Where the PUD ordinance does not provide development standards, then the provision
of the specific sections of the LDC that are otherwise applicable shall apply.
PERMITTED USES:
A maximum of 305 multi-family rental dwelling units shall be permitted within the PUD. No building
or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for
other than the following:
RESIDENTIAL:
A. Principal Uses:
1. Multi-family rental dwelling Units: Rental units limited to single family detached and
attached and duplex type structures. For purposes of this PUD, the rental units will
consist of detached houses or attached houses constructed on a single parcel under
unified ownership and having a common recreational amenity.
Any other principal use which is comparable in nature with the foregoing list of permitted principal
uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process
outlined in the LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Carports and garages; and
2. Open space uses and structures such as, but not limited to, boardwalks, nature trails,
gazebos and picnic areas; and
3. Screen enclosures; and
4. Swimming pools and spas; and
5. Water management facilities to serve the project such as lakes.
AMENITY AREA:
A. Principal Uses:
1. Clubhouses, community administrative facilities and recreational facilities intended to
serve residents and guests, including leasing and construction offices (during active
construction only).
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(JLM Living East RPUD PL20220003805) (January 22, 2024) Page 2 of 12
Any other principal use which is comparable in nature with the foregoing list of permitted principal
uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process
outlined in the LDC.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with the principal uses permitted
in this RPUD, including but not limited to swimming pools and spas.
2. Water management facilities to serve the project such as lakes.
3. Open space uses and structures such as, but not limited to, boardwalks, nature trails,
gazebos and picnic areas.
PRESERVE:
A. Allowable Uses:
1. Nature trails and boardwalks that do not reduce the amount of required preserve area
to be retained.
2. Mitigation for environmental permitting, as per LDC requirements.
3. Passive Recreation areas, as per LDC requirements.
4. Water management and water management structures, as per LDC requirements.
Page 650 of 4908
(JLM Living East RPUD PL20220003805) (January 22, 2024) Page 3 of 12
EXHIBIT B
LIST OF DEVELOPMENT STANDARDS
The standards for land uses within the development shall be as stated in these development standard tables.
Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of
the date of approval of the SDP or subdivision plat.
TABLE I
PRINCIPAL STRUCTURES *2 MULTI-FAMILY AMENITY AREA
Minimum Floor Area per unit 650 SF N/A
Minimum Lot Area N/A 5,000 SF
Minimum Lot Width N/A N/A
Minimum Lot Depth N/A N/A
Minimum Setbacks
Front Yard 20 feet *5 N/A
Preserve 25 feet 25 feet
PUD Boundary
North
South (Sundance ROW)
East and West
20 feet
20 feet
15 feet
20 feet *1
20 feet *1
15 feet
Minimum Distance Between Buildings *3 0/8 feet 10 feet
Maximum Building Height
Zoned
Actual
1 or 2 story
30 feet
35 feet
25 feet
40 feet
ACCESSORY STRUCTURES *1
Minimum Setbacks
Front Yard SPS 20 feet
Preserve 10 feet 10 feet
PUD Boundary SPS SPS
Minimum Distance Between Buildings *4 0/5 feet 10 feet
Maximum Building Height
Zoned
Actual
25 feet
30 feet
25 feet
30 feet
Page 651 of 4908
(JLM Living East RPUD PL20220003805) (January 22, 2024) Page 4 of 12
SPS – Same as Principal Structure
*1 – Does not apply to passive recreational uses such as trails/pathways.
*2 – Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features,
streetscape, passive parks, and access control structures shall have no required internal setback, except as listed below, and
are permitted throughout the PUD; however, such structures shall be located such that they do not cause vehicular stacking
into the road right-of-way or create site distance issues for motorists and pedestrians.
*3 – Zero feet if attached, 8 feet if detached. The reduced separation (0/8) is subject to approval by the Fire District staff at time
of SDP.
*4 – Zero feet if attached, 5 feet if detached.
*5 - Driveways must be at least 23 feet in length, measured from the back of the sidewalk to the garage, to allow room to park
a vehicle on the driveway without parking over the sidewalk. Should the garage be side-loaded there must be at least a 23-foot
paved area on a perpendicular line to the garage door or plans must ensure that parked vehicles will not interfere with
pedestrian traffic by providing equivalent space.
Maximum Height for Guardhouses/Gatehouses:
Zoned: 25’
Actual: 30’
Note: nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list
of deviations.
Page 652 of 4908
15' WIDE TYPE 'B' LANDSCAPE BUFFERZONED: VENTANA POINTE RPUD
(PB70, PG 5-9)
USE: PRESERVE
ZONED: A (RFMUO-RECEIVING LANDS)
USE: CHARTER SCHOOL
ZONED: VENTANA POINTE RPUD
(PB70, PG 5-9)
USE: RESIDENTIAL15' WIDE TYPE 'B' LANDSCAPE BUFFERZONED: A (RFMUO-RECEIVING LANDS)
LAMORADA (PB 59, PG 1-15)
USE:RESIDENTIAL
ZONED: A (RFMUO-RECEIVING LANDS)
LAMORADA (PB 59, PG 1-15)
USE:GOLF COURSE
IMMOKALEE ROAD
25' VENTANA
POINTE LBE
30' PUBLIC ROAD ROW
(OR2116 PG2240)
E1
E210' WIDE TYPE
'D' LANDSCAPE
BUFFER
20' WIDE TYPE
'D' LANDSCAPE
BUFFER
MINIMUM 6-FOOT WIDE LANDSCAPE
BUFFER RESERVATION (SEE NOTE #2)
POTENTIAL
VEHICULAR/PEDESTRIAN
INTERCONNECTION
SUNDANCE STREET
R
R
R
R
R
R
R
AA R
R
R
R
R
R
LAKE
LAKE
LAKE
EMERGENCY
ACCESS ONLY
PRESERVE
FUTURE CAT BUS STOP
SHELTER EASEMENT
(APPROXIMATE LOCATION)
SINGLE STORY
RESIDENTIAL, PER
EXHIBIT F; GENERAL,
PARAGRAPH E.
R
SINGLE STORY
RESIDENTIAL, PER
EXHIBIT F; GENERAL,
PARAGRAPH E.
R
54'
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
0 300'150'
SCALE: 1" = 300'
LEGEND:
R RESIDENTIAL
AA AMENITY AREA
E#EASEMENT (SEE NOTE SHEET)
Page 653 of 4908
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
NOTES
1.THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO
AGENCY PERMITTING REQUIREMENTS.
2.PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER
EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH 4.06.02 AND 4.06.05.E.1.
SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE
WITH LDC SECTION 3.05.07. IN ORDER TO MEET THE REQUIREMENTS OF A TYPE 'B' BUFFER,
A 6-FOOT-WIDE LANDSCAPE BUFFER RESERVATION LOCATED OUTSIDE OF THE PRESERVE
WILL BE CONVEYED BY OWNER TO A HOMEOWNER'S ASSOCIATION OR CONDOMINIUM
ASSOCIATION AT TIME OF SDP OR PLAT APPROVAL. THE 6' WIDE LANDSCAPE BUFFER
RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE
PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND
SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE
6' WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE AND
NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL
SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT.
DEVIATIONS (SEE EXHIBIT E)
NO DEVIATIONS REQUESTED
EASEMENT INDEX:
E1 - 10' PUBLIC ROAD ROW EASEMENT (OR5239, PG767), (OR 1476, PG 242) AND (OR 5305,
PG 3751) - TO BE VACATED (PL20230007642)
E2 - 30' PUBLIC ROAD ROW EASEMENT (OR129, PG513) (OR5239, PG767), (OR 1476, PG
242), (OR736, PG516) AND (OR 5305, PG 3751)
SITE SUMMARY
TOTAL SITE AREA: 37.2± ACRES
RESIDENTIAL:23.57± ACRES (63%)
AMENITY AREA:0.66± ACRES (2%)
LAKE:1.92± ACRES (5%)
PRESERVE:9.3± ACRES (25%)
BUFFERS:1.3± ACRES (4%)
SUNDANCE ST:0.45± ACRES (1%)
RESIDENTIAL:MAXIMUM 305 MULTI-FAMILY RENTAL DWELLING UNITS
OPEN SPACE:
REQUIRED:50% (CONSISTENT WITH THE JLM LIVING EAST RESIDENTIAL OVERLAY)
PROVIDED:50% (WITHIN THE PUD)
PRESERVE:
REQUIRED: 9.3± ACRES (37.2± ACRES NATIVE VEGETATION X 25%)
PROVIDED: 9.3± ACRES
Page 654 of 4908
(JLM Living East RPUD PL20220003805) (January 22, 2024) Page 7 of 12
EXHIBIT D
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF VENTANA POINTE, AS RECORDED IN PLAT BOOK 70, PAGES
5 THROUGH 9, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE WEST LINE OF SAID VENTANA POINTE SOUTH 01°51'09" EAST, A DISTANCE OF
1,158.18 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER (1/4) OF THE
NORTHEAST QUARTER (1/4) OF SAID SECTION 25; THENCE ALONG SAID SOUTH LINE NORTH 89°58'46"
WEST, A DISTANCE OF 30.02 FEET; THENCE DEPARTING SAID SOUTH LINE SOUTH 01°51'09" EAST, A
DISTANCE OF 668.70 FEET; THENCE SOUTH 89°58'42" EAST, A DISTANCE OF 30.02 FEET; THENCE SOUTH
01°51'09" EAST, A DISTANCE OF 668.71 FEET TO THE SOUTHWEST CORNER OF SAID VENTANA POINTE;
THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 NORTH 89°58'38"
WEST, A DISTANCE OF 655.85 FEET TO THE SOUTHEAST CORNER OF TRACT C-4, LAMORADA, AS
RECORDED IN PLAT BOOK 59, PAGES 1 THROUGH 15, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE ALONG THE EAST LINE OF SAID TRACT C-4 NORTH 01°56'51" WEST, A DISTANCE OF
1,337.46 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER (1/4) OF THE NORTHEAST
QUARTER (1/4) OF SAID SECTION 25; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER (1/4)
OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 25 NORTH 01°54'39" WEST, A DISTANCE OF
1,158.29 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENCE
ALONG SAID SOUTH RIGHT-OF-WAY SOUTH 89°58'22" EAST, A DISTANCE OF 659.25 FEET TO THE POINT
OF BEGINNING.
CONTAINING 37.2 ACRES, MORE OR LESS
Page 655 of 4908
(JLM Living East RPUD PL20220003805) (January 22, 2024) Page 8 of 12
EXHIBIT E
LIST OF DEVIATIONS
No deviations requested.
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(JLM Living East RPUD PL20220003805) (January 22, 2024) Page 9 of 12
EXHIBIT F
LIST OF DEVELOPMENT COMMITMENTS
PURPOSE:
The purposed of this Section is to set forth the development commitments for the development of
this project.
GENERAL:
A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until
close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments
until close-out of the PUD. At the time of this PUD approval, the Managing Entity is JLM Living, LLC,
3839 Bee Caves Road, Suite 205, Austin, Texas 78746. Should the Managing Entity desire to transfer
the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding
document that needs to be approved for legal sufficiency by the County Attorney. After such approval,
the Managing Entity will be released of its obligations upon written approval of the transfer by County
staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off
tracts, the Managing Entity shall provide written notice to County that includes an
acknowledgement of the commitments required by the PUD by the new owner and the new owner’s
agreement to comply with the Commitments through the Managing Entity, but the Managing Entity
shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the
Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments.
B. Issuance of a development permit by a county does not in any way create any rights on the
part of the applicant to obtain a permit from a state or federal agency and does not create any liability
on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals
or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law.” (Section 125.022, FS)
C. All other applicable state or federal permits must be obtained before commencement of the
development.
D. 50% usable open space will be provided within the PUD consistent with the Future Land Use
Overlay (JLM Living East Residential Overlay).
E. Homes abutting adjacent residential developments shall be one story, as shown on Exhibit C,
Master Plan.
TRANSPORTATION:
A. The maximum total daily trip generation shall not exceed 295 two-way PM peak hour net trips
based on the use codes in the ITE Manual on trip generation rates in effect at the time of application
for SDP/SDPA or subdivision plat approval.
B. At time of first Site Development plan or plat, the owner will convey to Collier County a Collier
Area Transit (CAT) bus stop easement outside of the required landscape buffers and adjacent to
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(JLM Living East RPUD PL20220003805) (January 22, 2024) Page 10 of 12
Immokalee Road right-of-way, including any right-of-way for the PUD’s turn lanes, with a minimum 6
foot wide sidewalk connection to the sidewalk on Immokalee Road. The bus stop easement will be a
minimum of 25-foot x 12.5-foot in size. The bus stop easement conveyance will be at no cost to
County, free and clear of all liens and encumbrances and the location will be approved by the Collier
County Transportation Department.
C. Owner will allow school buses to load and unload within the development, at the
determination of the Collier County School District.
ENVIRONMENTAL:
A. The RPUD Shall be required to preserve 25% of native vegetation. 37.2± acres of native
vegetation exist on-site requiring a minimum preservation of 9.3± acres (37.2 X .25 = 9.3). A
minimum of 9.3± acres of native vegetation shall be retained on-site.
AFFORDABLE HOUSING:
A. Set Aside Units. Of the total units constructed, the project shall comply with the following:
1. Fifteen (15%) 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 the corresponding
rent limits; and
2. Fifteen (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.
3. By way of example, the 2023 Florida Housing Finance Corporation Income and Rent Limits
are:
4. At time of each Site Development Plan (SDP), no less than 30% of the dwelling units will
be identified as affordable and shown on the SDP with the required AMI ranges, and
fractional numbers will be rounded up to the nearest whole unit (cumulatively, “Set Aside
Units”).
5. At time of SDP, Owner will specify the total number of rental unit types to be constructed,
such as one-bedroom, two-bedroom, and three-bedroom, and at least 30% of each unit
type will be a Set Aside Unit as specified herein. For example, if Owner builds 60 one-
bedroom, 75 two-bedroom, 90 three-bedroom, then 18 one-bedroom, 23 two-bedroom,
and 27 three-bedroom shall be Set Aside Units.
Page 658 of 4908
(JLM Living East RPUD PL20220003805) (January 22, 2024) Page 11 of 12
6. These Set Aside Units will be committed for a period of 30 years from the date of issuance
of certificate of occupancy of the corresponding SDP’s first Set Aside Unit.
7. 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. Initial preference to Set Aside Units shall be given to Essential Service Personnel (ESP).
1. Essential Service Personnel (ESP) means as follows: Those individuals employed in the
community as teachers, educators, other school employees, higher education employees,
community college and university employees, police and fire personnel, healthcare
personnel, skilled building trades personnel, active-duty military, and government
employees.
2. Initially, each Set Aside Unit will be held vacant and advertised for ESP for a minimum of
90 days prior to the issuance of a certificate of occupancy, and at least 90 days
immediately prior and leading up to the leasing of the first non-Set Aside Unit.
3. In the event that no ESP rents the available Set Aside Unit, then the Set Aside Unit may
also be offered to the general public (non-ESP) but shall remain a Set Aside Unit and be
rent and income restricted accordingly.
4. After the initial offering of a Set Aside Unit, no preference will be given to ESP. However,
when a Set Aside Unit becomes available advertising as set forth in paragraph B.5 below
shall be provided.
5. At a minimum, advertising will consist of providing written notice to the Collier County
Community and Human Services Division, the Collier County Affordable Housing Advisory
Committee, and the human resource departments for local hospitals, the Collier County
Public School District, Collier County Government, other municipalities within Collier
County, all fire districts, and the Collier County Sheriff’s Office.
C. As part of the annual PUD monitoring report, the owner will include an annual report that
provides the progress and monitoring of occupancy of the income restricted units (including Set Aside
Units), including rent data for rented units, in a format approved by Collier County Community and
Human Services Division. Owner agrees to annual on-site monitoring by the County.
TDR:
A. 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.
B. A density calculation and TDR Credit tracking sheet shall be submitted with each Site
Development Plan (SDP) and/ or plat for the redemption of TDR Credits needed for the project.
Page 659 of 4908
(JLM Living East RPUD PL20220003805) (January 22, 2024) Page 12 of 12
LANDSCAPING:
A. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation
removal in accordance with 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant
materials shall be in accordance with LDC section 3.05.07. In order to meet the requirements of a
Type ‘B’ buffer, a 6-foot-wide landscape buffer reservation located outside of the preserve will be
conveyed by owner to a homeowner’s association or condominium association at time of SDP or plat
approval. The 6’ wide landscape buffer reservation has been identified on the master plan. In the
event that the preserve does not meet buffer requirements after removal of exotics and
supplemental planting within the preserve, plantings will be provided in the 6’ wide reservation to
meet the buffer requirements. The type, size and number of such plantings, if necessary, will be
determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat.
WILDFIRE PREVENTION AND MITIGATION:
A. At the time of SDP or Plat approval, the applicant shall have coordinated with the Florida
Forest Service and provide Collier County a Wildfire Prevention and Mitigation Plan that includes
standards which address the following: structural design and building materials; location of
defensible space; plant selection within defensible space; and commitment to provide a copy of the
homeowner(s) with of copy of the Wildfire Prevention and Mitigation Plan.
Page 660 of 4908
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
Page 661 of 4908
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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June 29, 2022 Page 1 of 1
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
Page 676 of 4908
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
Page 677 of 4908
October 4, 2023
Evaluation Criteria-r3.docx Page 2 of 10
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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Evaluation Criteria-r3.docx Page 3 of 10
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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Evaluation Criteria-r3.docx Page 8 of 10
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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Evaluation Criteria-r3.docx Page 9 of 10
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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Evaluation Criteria-r3.docx Page 10 of 10
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
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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 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
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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
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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
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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.
Page 782 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 783 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 784 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
Page 785 of 4908
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 786 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 787 of 4908
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
Page 788 of 4908
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,
Page 789 of 4908
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 790 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.
Page 791 of 4908
APPENDIX A
Page 792 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 793 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
Page 794 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.
Synecological Analysts® (SAI) conducted a Listed Species Survey on this site.
Page 795 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 796 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 797 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 798 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 .
Page 799 of 4908
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 800 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 801 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
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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.
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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'