Agenda 05/27/2025 Item # 9B (Item to be continued to a future meeting)5/27/2025
Item # 9.B
ID# 2025-1391
Executive Summary
This item will be discussed at a future meeting (public comments will not be heard until the official hearing). *** This
item was previously continued from the April 8, 2025, May 13, 2025, and May 27, 2025, BCC Meetings*** This item
requires ex-parte disclosure be provided by the Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve an ordinance amending Ordinance Number 2021-
18, the NC Square Mixed-Use Planned Unit Development, to decrease the commercial uses from 44,400 square feet to
36,500 square feet of gross floor area, remove the 12,000-square foot daycare use and increase the maximum residential
units from 129 to 205 with affordable housing. The property is located at the southwest corner of Immokalee Road and
Catawba Street, approximately 1.6 miles west of Wilson Boulevard in Section 29, Township 48 South, Range 27 East,
Collier County, Florida, consisting of 24.4± acres; and by providing an effective date. [Coordinator: Timothy Finn,
AICP, Planner III] [PL20230017979] (Companion item PL20230017980)
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, render a decision regarding this rezoning petition and 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: The property is located at the southwest corner of Immokalee Road and Catawba Street
approximately 1.6 miles west of Wilson Boulevard in Section 29, Township 48 South, Range 27 East, Collier
County, Florida, consisting of 24.4 acres. This petition seeks to amend Ordinance Number 2021-18, the NC
Square Mixed-Use Planned Unit Development to decrease the commercial uses from 44,400 square feet to
36,500 square feet of gross floor area, remove the 12,000 square foot daycare use and increase the maximum
residential units from 129 to 205 with affordable housing. The subject property is comprised of two parcels
and is owned by HAA Capital, LLC.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC, heard
Petition PUDR-PL20230017979, NC Square on February 20, 2025, and voted 6-0 to forward this petition to the
Board with a recommendation of approval. There were no changes to the PUD; however, there was opposition at
the CCPC meeting and letters of objection have been received. As such, this petition will be placed on Regular
Agenda.
COLLIER COUNTY BOARD OF COUNTY COMMISIONERS (BCC) RECOMMENDATION: The BCC, heard
Petition PUDR-PL20230017979, NC Square on April 8, 2025, and voted 5-0 to continue this petition to the May 13,
2025, BCC Meeting and further continued to the May 27, 2025, BCC Meeting, awaiting changes from the agent. As
such, this petition will be placed on Regular Agenda.
This item advances the Collier County Strategic Plan Objective within Community Development to support
comprehensive affordable housing opportunities.
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 (GMP) 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 companion GMPA (PL20230017980- NC Square Mixed Use Overlay) is submitted as a small-scale
comprehensive plan amendment (a/k/a Growth Management Plan Amendment - GMPA). As such, per Florida
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Item # 9.B
ID# 2025-1391
Statutes, the request is heard once only by the Collier County Planning Commission (CCPC) and the Board. If
approved by the Board, the petition’s proposed ordinance is adopted and transmitted to the Florida Department of
Commerce.
The GMP amendment requested is approximately ±24.4 acres and is located at the southwest corner of Immokalee
Road and Catawba Street, approximately 1.6 miles west of Wilson Boulevard in section 29, township 48 south,
range 27 east, Collier County, Florida. This petition seeks to amend the Future Land Use Element (FLUE) and
Map. The proposed Subdistrict text, as recommended for approval by the Collier County Planning Commission
(CCPC), is in found in the proposed Ordinance’s Exhibit “A.”
The process for adoption of a small-scale comprehensive plan amendment requires (in part) the following statutory
standards be met [followed by staff analysis in bracketed and italicized text].
(1) A small-scale development amendment may be adopted under the following conditions:
(a) The proposed amendment involves a use of 50 acres or fewer. [The proposed amendment pertains
to a 24.4-acre property.]
(b) The proposed amendment does not involve a text change to the goals, policies, and objectives of
the local government’s comprehensive plan but only proposes a land-use change to the future land-use
map for a site-specific small-scale development activity. However, text changes that relate directly to and
are adopted simultaneously with the small-scale future land use map amendment shall be permissible
under this section. [This amendment is for a site-specific Future Land Use Map change and directly
related text changes.]
(c) The property that is the subject of the proposed amendment is not located within an area of critical
state concern unless the project subject to the proposed amendment involves the construction of affordable
housing units meeting the criteria of s. 420.0004 (3) and is located within an area of critical state concern
designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject
property is not within an Area of Critical State Concern.]
(4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan
pursuant to s. 163.3177. [Internal consistency will be maintained between and among elements if the amendment is
approved.]
Based on the review of this small-scale GMP amendment petition, including the supporting data and analysis, staff
makes the following findings and conclusions:
· The purpose of this GMPA and companion PUDZ zoning petition is to decrease the commercial
uses from 44,400 square feet to 36,500 square feet of gross floor area, remove the 12,000 square foot
daycare use and increase the maximum residential units from 129 to 205.
· There are no adverse environmental impacts
· No historical or archaeological sites are affected by this amendment.
· There is only one concern about impacts on other public infrastructure and that is the CCPC has
required this new project to connect to public water and sewer.
· The use is generally compatible with surrounding development based upon the high-level review
conducted for a GMP amendment.
The documents provided for the amendment support the proposed changes to the FLUE and map. The complete
staff analysis of this petition is provided in the CCPC Staff Report.
Transportation Element: In evaluating this project, staff reviewed the applicant’s June 26, 2024 Traffic Impact
Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP)
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Item # 9.B
ID# 2025-1391
using the 2023 and Draft 2024 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) 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 +/- 267 PM peak hour, 2-way trips on the adjacent roadway segments of Immokalee Road. This represents
a reduction of (+/- 200 fewer) PM peak hour trips on the adjacent road network. The proposed trips generated by
this development will occur on the following adjacent roadway links according to the current 2023 and draft 2024
AUIR:
Roadway/Link
Link 2023
AUIR
LOS
2024
AUIR
LOS
(Draft)
Current
Peak Hour
Peak
Direction
Volume/Peak
Direction
2023
Remaining
Capacity
2024
Remaining
Capacity
(Draft)
Immokalee
Road/43.2
Logan
Blvd to
Collier
Blvd
F F 3,200/East (352)
Existing
Trip Bank
Deficient
(428)
Existing
Trip Bank
Deficient
Immokalee
Road/44.0
Collier
Blvd to
Wilson
Blvd
E F 3,300/East 20
Expected
Trip Bank
Deficient
2024
(423)
Existing
Trip Bank
Deficient
Immokalee
Road/45.0
Wilson to
Oil Well
Road
D E 3,300/East 414
Expected
Trip Bank
Deficient
2030
(82)
Existing
Trip Bank
Deficient
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Item # 9.B
ID# 2025-1391
Collier
Blvd/30.1
Immokalee
Road to
Vanderbilt
Beach
Road
D C 3,000/North 744
787
Wilson
Blvd/118.0
Immokalee
Road to
Golden
Gate Blvd
B C 900/South 463 365
Randall
Blvd/132.0
Immokalee
Road to 8th
Street NE
D F 900/East 92
Expected
Trip Bank
Deficient
2029
(279)
Existing
Trip Bank
Deficient
1. Source for P.M. Peak Hour/Peak Direction Project Traffic is June 26, 2024 Traffic Impact Statement
provided by the petitioner.
Staff notes the following regarding the adjacent road network and scheduled improvements: Randall Boulevard
from Immokalee Road to 8th is a committed link widening improvement; phase one and two Vanderbilt Beach
Road Extension are scheduled for construction within the Five-Year Capital Improvement Element and is
anticipated to provide relief to the Immokalee Road corridor and this network.
Florida Statute 163.3180 bullet points:
• Must allow an applicant to enter into a binding agreement to pay or construct their proportionate fair share
when applicable. The above noted improvements are projected to address the development impacts.
• Facilities determined to be deficient with existing, committed, and vested trips plus projected background traffic
from any source other than the development shall be removed from the proportionate share calculation.
• The improvement necessary to correct this type of deficiency is the funding responsibility of the maintaining
entity.
• Applicant must receive a credit for the anticipated road impact fees.
• Applicant will pay the required Collier County road impact fees as building permits are issued for the project.
Based on the TIS provided by the applicant, the 2023 and 2024 AUIRs, the road network improvements noted
above, as proposed PUD Amendment is projected to generate +/- 200 fewer PM peak hour trips on the road
network compared to the currently approved PUD, and Florida State Statute 163.3180 the subject PUD can be
found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan.
Transportation Planning staff finds this petition consistent with the GMP.
Conservation and Coastal Management Element (CCME): Environmental Planning staff have found this
project consistent with the Conservation & Coastal Management Element (CCME). The project site consists of
24.40 acres of native vegetation. A minimum of 6.10 (25%) acres of native vegetation shall be placed under
preservation and dedicated to Collier County.
GMP Conclusion: The PUDR is inconsistent with the GMP, unless the Board approves the companion GMPA
first or concurrent with the PUDR and the uses and intensities align.
LEGAL CONSIDERATIONS:
This is an amendment to the existing NC Square Mixed Use Planned Unit Development (Ordinance No. 2021-18).
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ID# 2025-1391
The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the
criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denial,
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 PUD Amendments
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 an adequacy of evidence of unified control and suitability of 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.
3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth
Management Plan.
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) for the purpose of assuring the
adequacy of available improvements and facilities, both public and private.
7. Consider: The ability of the subject property and of 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 determination that such modifications are justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map
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Item # 9.B
ID# 2025-1391
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 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 to 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
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Item # 9.B
ID# 2025-1391
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 which 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 the protection of the 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
has been approved as to form and legality, and requires an affirmative vote of four for Board approval (HFAC)
RECOMMENDATIONS: To approve the applicant's request to amend the MPUD, subject to the approval of
the companion GMPA. Furthermore, the rezone seeks to rescind the previous Affordable Housing Agreement
between Collier County and Immokalee Square, LLC. As such, staff recommends terminating the
existing Affordable Housing Agreement if the PUDR is approved, see Attachment B – Termination
Agreement
PREPARED BY: Timothy Finn, AICP, Planner III, Zoning Division
ATTACHMENTS:
1. legal ad - agenda IDs 25-1400 & 25-1391 - NC Square MPUD&GMPA - 5-27-25 BCC
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NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
(BCC) at 9:00 A.M. on May 27, 2025, in the Board of County Commissioners meeting room, third floor, Collier
Government Center, 3299 East Tamiami Trail, Naples, FL, to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89 -05,
AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT TO AMEND THE NC SQUARE MIXED-USE
OVERLAY TO DECREASE THE COMMERCIAL USES FROM 44,400 SQUARE FEET TO 36,500
SQUARE FEET OF GROSS FLOOR AREA, REMOVE THE 12,000 SQUARE FOOT LIMITATION ON
THE DAYCARE USE AND INCREASE THE MAXIMUM RESIDENTIAL UNITS FROM 129 TO 205 WITH
AFFORDABLE HOUSING IN THE NC SQUARE PLANNED MIXED USE DEVELOPMENT, AND
FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMERCE, AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE. THE SUBJECT PROPERTY IS 24.4± ACRES AND LOCATED AT THE
SOUTHWEST CORNER OF IMMOKALEE ROAD AND CATAWBA STREET APPROXIMATELY 1.6
MILES WEST OF WILSON BOULEVARD IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA. [PL20230017980]
AND
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2021-18, THE NC SQUARE MIXED USE PLANNED UNIT
DEVELOPMENT TO DECREASE THE COMMERCIAL USES FROM 44,400 SQUARE FEET TO 36,500
SQUARE FEET OF GROSS FLOOR AREA, REMOVE THE 12,000 SQUARE FOOT DAYCARE USE AND
INCREASE THE MAXIMUM RESIDENTIAL UNITS FROM 129 TO 205 WITH AFFORDABLE
HOUSING. THE PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD
AND CATAWBA STREET APPROXIMATELY 1.6 MILES WEST OF WILSON BOULEVARD IN
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 24.4± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20230017979]
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A copy of the proposed Ordinances is on file with the Clerk to the Board and is available for inspection. All interested parties are
invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on
behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization m ay
be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the
Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments
remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register th rough
the link provided within the specific event/meeting entry on the Calendar of Events on the County website at
www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration
should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who
register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote
participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional
information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,
may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitle d, at
no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at
3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the Board of County Commissioners Office.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT & COMPTROLLER
By: Jennifer Hansen
Deputy Clerk (SEAL)
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