Agenda 12/10/2024 Item # 9C (Item has been Continued from the November 12, 2024, BCC Meeting)12/10/2024
Item # 9.C
ID# 2024-1602
Executive Summary
*** This item is to be heard no sooner than 10 AM. *** *** This item has been continued from the November 12, 2024,
BCC Meeting *** This item requires that ex parte disclosure be provided by Commission members. Should a hearing be
held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution amending
Development Order 84-3, as amended, for the Marco Shores/Fiddler's Creek Development of Regional Impact to add 750
multi-family dwelling units for a total of 6,750 single-family and multi-family dwelling units; to limit the additional 750
multi-family dwelling units to Section 29 only and disallow them from the conversion formula; and revise the Master
Development Plan. The subject property, consisting of 3,932+/- acres, is located east of Collier Boulevard (CR 951) and
south of Tamiami Trail East (US 41) in Sections 11,13, 14, 15, 22, 23, and 24, Township 51 South, Range 26 East and
Sections 18, 19, and 29, Township 51 South, Range 27 East, in Collier County, Florida. (Companion to items 9A and
9B) (PL20210003115 - DOA)
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 to render a decision regarding the petition, and to ensure the project is in harmony with all the applicable
codes and regulations in order to ensure that the community's interests are maintained.
CONSIDERATIONS: Fiddler's Creek, Unit 30, is part of a larger Development of Regional Impact (DRI) known as
Marco Shores. Numerous actions have been taken since 1984. See the attached Staff Report for the DRI history and past
actions.
The petitioner seeks to amend the Marco Shores/Fiddler's Creek DRI DO Number 84-3, as amended, to make the
following changes:
• Modify the Map H Master Plan to relocate Business (B) and expand Residential (R) Tracts along Collier
Boulevard
• Amend Section 4.E.2.a. to restore language stricken by Resolution 2018-95, indicating that golf courses,
recreational facilities, and tennis center may be constructed when feasible on the Estancia Property or Section
29 to serve the golf club members and residents (underline format indicates text proposed to be added)
• Redesignate 49.9 acres of Parks (P) to Residential (R) for multi-family residential development within Section
29
• Add a new project access point at the terminus of Auto Ranch Road, and
• Increase the permitted number of dwellings by adding 750 multi-family units in Section 29.
• Allow the multi-family dwelling unit cap to be increased above 3,000 dwelling units by allowing the conversion
of two single-family dwelling units for each multi-family dwelling unit over 3,000, except the 750 units
permitted and limited solely to 49.9± acres in Section 29 may not be subject to the conversion.
Per Subsection (7)(b) of Section 380.06, F.S., any new conditions in the amendment to the development order issued by
the local government may address only those impacts directly created by the proposed change and must be consistent
with [F.S.] s 163.3180(5), the adopted comprehensive plan, and adopted land development regulations Evaluation of
the proposed changes relative to consistency with the adopted comprehensive plan has been performed as summarized
below in the Growth Management Plan (GMP) Impact Evaluation of the proposed changes relative to consistency with
adopted land development regulations has been performed by Zoning staff; refer to the staff report associated with the
companion PUD Amendment petition (PUDA-PL20210003112) for the review of consistency with adopted land
development regulations.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition
PUDA-PL20210003112, Fiddler's Creek PUDA, along with companion items DOA-PL20210003115, Fiddler's Creek
DOA, and GMPA-PL20210003111, Fiddler's Creek Section 29 GMPA on April 18, 2024 The petitions were continued
to May 2, 2024, and again to July 18, 2024, to hear opposition testimony and rebuttal focused on the proposed 750
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Item # 9.C
ID# 2024-1602
multi-family units in Section 29, conservation easements in Section 29, and master plan revisions to the eastern portion
of the PUD.
• The CCPC voted 4-0 on July 18, 2024, to recommend the denial of the GMP Amendment. Commissioner
Vernon found the proposed use on Section 29 to be incompatible with the surrounding conditions. Chairman
Fryer found the statutory criteria of Section 163.3177, F.S. for a GMP Amendment were not met, noting the
proposed development would not avoid urban sprawl and evidence of employment opportunities for the
proposed affordable housing was not substantial nor competent Planning Commissioner Shea concluded that
the location was not the right place for the proposed development.
• Subsequently, the petitioner's attorney asked the CCPC if they would approve the PUDA petition and related
commitments with the exception of the proposed 750 Section 29 multi-family units. The CCPC voted 4-0 to
recommend approval of the PUDA request and corresponding DOA subject to the removal of the Section 29
elements from the request.
There is opposition to these petitions, therefore this petition has been placed on the Regular Agenda.
FISCAL IMPACT: The Development Order Amendment (DOA) by and of itself will have no fiscal impact on Collier
County. There is no guarantee that the project, at build-out, will maximize its authorized level of development. If the
DOA is approved, a portion of the land could be developed, and the new development will result in an impact on Collier
County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new
development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement
Element (CIE) of the Growth Management Plan (GMP) as needed to maintain the adopted Level of Service (LOS) for
public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every
local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact
Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances.
Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional
revenue is generated by the application of ad valorem tax rates, and that revenue is directly related to the value of the
improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the
Collier County Planning Commission (CCPC) to analyze this petition.
GROWTH MANAGEMENT IMPACT: Comprehensive Planning staff found that the proposed change is not
consistent with the Future Land Use Element of the GMP. Because of this inconsistency, the companion Small Scale
GMPA petition (PL20210003111) proposes to modify the RFMUD-Neutral Lands designation to allow development of
750 residential units on 49.9 acres of Section 29, with 30% of those units committed to be affordable. Staff finds the
proposed DOA consistent with the Future Land Use Element subject to the adoption of the companion GMP
Amendment, GMPA-PL20210003111, Fiddler’s Creek Section 29 GMPA. Approval of this DRI D.O. Amendment
petition is contingent upon the companion GMPA petition being approved and becoming effective.
LEGAL CONSIDERATIONS: The petitioner is requesting an amendment to the Marco Shores/Fiddler's Creek DRI. A
DRI is a development that, because of its character, magnitude, or location, would substantially affect the health, safety,
and welfare of citizens of more than one county.
The applicant for the amendment must prove that the proposal is consistent with all of the criteria set forth below.
Should the Board consider denial, the burden shifts to the applicant to prove that such denial is not arbitrary,
discriminatory, or unreasonable. This would be accomplished by finding that the amendment does not meet one or more
of the listed criteria.
Criteria for DRI Amendment
1. Consider: Consistency with the Collier County Land Development Code.
2. Consider: Consistency with the goals, objectives, and policies of the GMP.
3. Consider: Impacts on public infrastructure not previously contemplated by the development order.
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Item # 9.C
ID# 2024-1602
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 BCC hearing as these items relate to these criteria. This item has been approved
as to form and legality, and it requires a majority vote for Board approval. -DDP
RECOMMENDATIONS: To approve the request for Petition DOA-PL20210003115 subject to the companion GMPA-
PL20210003111, Fiddler’s Creek Section 29 GMPA petition being approved and becoming effective and subject to the
companion PUDA-PL20210003112, Fiddler’s Creek PUD Amendment petition being approved and becoming effective.
PREPARED BY: Ray Bellows, AICP, Zoning Manager
ATTACHMENTS:
1. 7-18-24 CCPC Resolution
2. 7-18-24 CCPC Staff Report
3. 10-8-24 BCC Informational Memo
4. Affidavit and sign photos8-14rfs
5. Affidavit of Sign Posting 2024-11-07
6. legal ad (cont to Dec 10th) - agenda IDs 24-1537, 24-1205, 24-1602 - Fiddlers Creek Section 29
7. Procedural Memorandum Fiddler's for BCC 12-10-24
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