Agenda 07/14/2020 Item # 9A (Ventana Pointe Residential Overlay)07/14/2020
EXECUTIVE SUMMARY
Recommendation not to approve an Ordinance for a single Petition from the 2018 Cycle Three of
Growth Management Plan Amendments for an Amendment to the Future Land Use Element to
Establish the Ventana Pointe Residential Overlay and not to Transmit to the Florida Department of
Economic Opportunity. [PL20180002668/CP-2018-7] (Adoption Hearing)
OBJECTIVE: For the Board of County Commissioners (Board) not to approve (deny) a single petition
from the 2018 Cycle Three of amendments to the Collier County Growth Management Plan (GMP) and
not transmit to the Florida Department of Economic Opportunity and other statutorily required review
agencies.
CONSIDERATIONS:
The GMP amendment requested is specific to a 37.62±-acre property, located on the south side of
Immokalee Road, along the west side of Richards Street, and along the north side of Sundance Street,
approximately 1.9 miles east of Collier Boulevard (CR 951), in Section 25, Township 48 South, Range 26
East (Rural Estates Planning Community). The property is zoned A-RFMUO, Rural Agriculture District
and Rural Fringe Mixed Use Overlay Receiving Lands and is undeveloped and wooded.
This petition seeks to amend the GMP, adopted by Ordinance No. 89-05, as amended, specifically
amending the FLUE by adding a new Overlay in the Rural Fringe Mixed Use District (RFMUD)
Receiving Lands, revising the Future Land Use Map to depict the new Overlay, and adding a new Future
Land Use Map Series inset map that depicts the new Overlay. The new residential ov erlay will: allow a
maximum residential density of 2.05 dwelling units per acre (DU/A) yielding 77 DUs (whereas the site is
presently limited to 1 DU/5 acres or 7 DUs); utilize Transfer of Development Rights Credits (TDRs) for
this property that would otherwise be ineligible due to being less than the minimum 40 acres required in
the RFMUD; and, provide for a bonus DU for each TDR redeemed, a 2 for 1 allowance (this is a unique
provision that would apply to this site only and exists nowhere else in the RFMUD).
FINDINGS AND CONCLUSIONS: Based on the review of this petition, including the supporting data
and analysis, staff made the following findings and conclusions. More analysis is provided in the
Transmittal CCPC Staff Report.
• The subject site and all immediately surrounding lands are designated Rural Fringe Mixed Use
District Receiving Lands.
• The Urban designated area lies 0.9 miles to the west.
• Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural
Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum
density of 1 DU/5 Acres (0.2 DU/A) ‒ or up to 1 DU/A via use of TDRs if >40 acres in size;
agricultural uses; essential services; institutional uses by conditional use (e.g. day care center, ALF,
church). In staff’s view, this site is an island and does not provide a transition; only lands 0.9 miles to
the west allow a density greater than 1 DU/A.
• The requested density of 2 DU/A is out of character with the RFMUD Receiving Lands in which the
site is located.
• This petition proposes to allow 77 dwelling units (2.05 DU/A) with the net effect being a tenfold
increase of 70 DUs (added to the allowed base density of 7 DUs). Density is achieved via use of
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TDRs and a “buy one get one free” density allowance, a new GMP provision that would be unique to
this site only - it would not apply to any other RFMUD lands. The result is that 35 DUs would be
“gifted” from the County to the petitioner for the purchase of 35 TDRs by the petitioner.
• The subject parcel was previously less than 40 acres in size prior to the Immokalee Road widening.
The owner was compensated for the land taken for that road.
• The subject site fronts Immokalee Road (CR 846), a 6-lane divided major arterial roadway; County
water and wastewater services are available to the site.
• There are no issues or concerns regarding LOS impacts upon public infrastructure.
• There are no issues or concerns regarding impacts upon natural (environmental) resources or
historical/archaeological resources.
• People attending the Neighborhood Information Meeting expressed opposition to the proposed
intensity and density that would be allowed by this Overlay and the companion PUD project (though
no one spoke at CCPC meetings).
• The CCPC held its Transmittal Hearing on September 5, 2019. One public speaker addressed the
CCPC regarding this amendment at the CCPC meeting; that person did not express support or
opposition but requested the same new proposed regulations apply to his property. The petitioner
team committed to the CCPC that this development would provide only single-family detached
residences. The CCPC voted [6/0] to forward the petition to the Board, with a recommendation to
transmit to the Florida Department of Economic Opportunity and other statutorily required review
agencies.
• The Board held its Transmittal Hearing on April 14, 2020. The Board voted [4/1] to transmit the
petition to DEO subject to the applicant having contractual arrangements for TDRs with small
property owners prior to adoption.
• DEO, the Florida Department of Environmental Protection, the South Florida Water Management
District, and Florida Fish and Wildlife Conservation Commission staff reviewed the petition, found
no adverse impacts and had no objections.
• A companion PUD rezone petition is scheduled for this same adoption hearing.
FISCAL IMPACT: Petition fees account for staff review time and materials, and for the costs of
associated legal advertising and public notice for the public hearings. Therefore, no fiscal impacts to the
County result from the adoption of this amendment.
GROWTH MANAGEMENT IMPACT: This public hearing is to consider approval (adoption) of the
single, previously transmitted Growth Management Plan amendment petition. This GMP amendment is
presumed to be “in compliance” with applicable Florida Statutes. If adopted, the DEO and other
applicable review agencies will have (30) thirty days (from the date DEO determines the adoption
package is complete) to review the adopted Plan amendment; and, should they believe the amendment is
not “in compliance”, to file a challenge [appeal] to the presumed “in compliance” determination with the
State of Florida Division of Administrative Hearings (DOAH).
Similarly, any affected party also has (30) thirty days (from the date of BCC adoption) in which to file a
challenge.
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If a timely challenge is not filed by the DEO, a review agency or an affected party, then the amendment
will become effective.
LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is
authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes,
The Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The
Board should consider the following criteria in making its decision: “plan amendments shall be
based on relevant and appropriate data and an analysis by the local government that may include
but not be limited to, surveys, studies, community goals and vision, and other data available at
the time of adoption of the plan amendment. To be based on data means to react to it in an
appropriate way and to the extent necessary indicated by the data available on that particular
subject at the time of adoption of the plan or plan amendment at issue.” 163.3177(1)(f), FS. In
addition, s. 163.3177(6)(a)2, FS provides that FLUE plan amendments shall be based on surveys,
studies and data regarding the area, as applicable including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the
elimination of non-conforming uses which are inconsistent with the character of
the community.
f. The compatibility of uses on lands adjacent to or closely proximate to military
installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35
and consistent with s. 333.02.
h. The need to modify land uses and development patterns with antiquated
subdivisions.
i. The discouragement of urban sprawl.
j. The need for job creation, capital investment and economic development that will
strengthen and diversify the community’s economy.
And FLUE map amendments shall also be based upon the following analysis per Section
163.3177(6)(a)8.:
a. An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use
considering the character of the undeveloped land, soils, topography, natural
resources, and historic resources on site.
c. An analysis of the minimum amount of land needed to achieve the goals and
requirements of this section.
This item is approved as to form and legality. It requires an affirmative vote of four for
approval because this is an Adoption hearing of the GMP amendment. [HFAC]
STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That
the Collier County Planning Commission forward Petition PL20180002668/CP-2018-7 to the Board of
County Commissioners with a recommendation not to approve for transmittal to the Florida Department
of Economic Opportunity and other statutorily required agencies. However, if, and only if, the CCPC
forwards the petition with a recommendation to approve, staff recommends the density be reduced to 1
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DU/A (37 DUs) via use of TDRs (the density that could have been achieved prior to the taking of a
portion of the site for Immokalee Road widening) - as reflected in the staff report.
COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this
petition at their June 16, 2020 meeting and voted [5/0] to forward the petition to the Board with a
recommendation to approve and transmit to the Florida Department of Economic Opportunity and other
statutorily required review agencies.
STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: That the
Board not approve petition PL20180002668/CP-2018-7 for Adoption as this request would have some
impact to overall calibration of TDRs from Sending to Receiving Areas. However, if the Board is
inclined to approve this petition, staff recommends the Board consider directing staff to award 2 dwelling
units to non-village development in the upcoming Restudy-based GMP amendments and recalibrate the
TDRs accordingly.
Prepared by: Corby Schmidt, AICP, Principal Planner, Comprehensive Planning Section
ATTACHMENT(S)
1. Adoption Staff Report_CP-18-7_cddw-FNL (PDF)
2. Ordinance - 061720_rev (002) (PDF)
3. [Linked] Petition-Application-VPRO (PDF)
4. Trans_Ex_Summary_18-7_rev_FNL (PDF)
5. Trans_Staff Report_CP-18-7dw-hac_FNL (PDF)
6. Trans_Resolution 2019-206 (PDF)
7. BCC Affidavit & Advertisement 11590 & 12022 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A
Doc ID: 12022
Item Summary: Recommendation not to approve an Ordinance for a single Petition from the 2018
Cycle Three of Growth Management Plan Amendments for an Amendment Proposed to the Future Land
Use Element to Establish the Ventana Pointe Residential Overlay and not to approve for Transmittal to
the Florida Department of Economic Opportunity for Review and Comments Response.
[PL20180002668/CP-2018-7] (Adoption Hearing) (Companion to Item 9B)
Meeting Date: 07/14/2020
Prepared by:
Title: Planner, Senior – Zoning
Name: Marcia R Kendall
03/13/2020 2:28 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
03/13/2020 2:28 PM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 03/13/2020 2:40 PM
Zoning Anita Jenkins Additional Reviewer Completed 03/18/2020 5:02 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 06/24/2020 3:22 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/25/2020 9:09 AM
Growth Management Department James C French Deputy Department Head Review Completed 06/26/2020 3:58 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/29/2020 8:12 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/29/2020 8:40 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/29/2020 9:28 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/06/2020 9:06 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM
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STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DEPARTMENT/ZONING DIVISION
COMPREHENSIVE PLANNING SECTION
HEARING DATE: March 5, 2020
SUBJECT: PETITION PL20180002668/CP-2018-7, CYCLE 3 GROWTH
MANAGEMENT PLAN AMENDMENT
[A D O P T I O N H E A R I N G ]
(Companion to PUDR-PL20180002669)
ELEMENT: FUTURE LAND USE
PROPOSED AMENDMENT
Petition PL20180002668/CP-2018-7 is a large-scale Comprehensive Plan amendment
specifically amending the Future Land Use Element (FLUE) by adding a new Overlay in the Rural
Fringe Mixed Use District (RFMUD) Receiving Lands, revising the Future Land Use Map to depict
the new Overlay, and adding a new Future Land Use Map Series inset map depict ing the new
Overlay. The new residential overlay will: allow a maximum residential density of 2.05 dwelling
units per acre (DU/A) yielding 77 DUs (whereas the site is presently limited to 1 DU/5 acres or 7
DUs); utilize Transfer of Development Rights Credits (TDRs) for this property that would otherwise
be ineligible due to being less than the minimum 40 acres required in the RFMUD; provide for
bonus TDRs for native vegetation retention beyond that required in the RFMUD (a modified
version of an existing provision in the RFMUD); and, provide for a bonus DU for each TDR
redeemed, a 2 for 1 allowance (this is a unique provision that would apply to this site only and
exists nowhere else in the RFMUD). The subject property, comprising ±37.62 acres, is currently
zoned A-RFMUO, Rural Agriculture and Rural Fringe Mixed Use Overlay Receiving Lands, and
is located on the south side of Immokalee Road, along the west side of Richards Street, and along
the north side of Sundance Street, approximately two miles east of Collier Boulevard (CR 951),
in Section 25, Township 48 South, Range 26 East. Note: A companion PUD rezone petition is
scheduled for this same hearing.
Transmittal hearings on the amendment were held on September 5, 2019 (CCPC, Collier County
Planning Commission) and on October 22, 2019 (Collier County Board of County
Commissioners). The Transmittal recommendations/actions are presented further below.
Within CCPC materials provided, you will find the Transmittal Executive Summary from the Board
hearing, and the Transmittal CCPC staff report for the petition, which provides staff’s detailed
analysis of the petition.
In accordance with Chapter 163.3184(3)(b)1., F.S., pertaining to the Expedited State Review
Process, this Transmittal package was provided to the Florida Department of Economic
Opportunity (DEO) and other reviewing agencies on October 28, 2019.
9.A.a
Packet Pg. 91 Attachment: Adoption Staff Report_CP-18-7_cddw-FNL (12022 : Ventana Pointe Residential Overlay)
‒ 2 ‒
REVIEW AGENCY COMMENT LETTERS
After review of the Transmitted amendment within each reviewing agency’s authorized scope of
review, the DEO [who assigned review no. 19-05ESR], as well as the Florida Department of
Environmental Protection (DEP), Florida Fish and Wildlife Conservation Commission, and South
Florida Water Management District (SFWMD) rendered their comment letters indicating “no
comment” or “no adverse impacts found” or the agency did not respond.
The Comments Letters received are located within materials provided to the CCPC. The
remaining reviewing agencies did not provide a Comment Letter.
Within CCPC materials provided is an Ordinance with Exhibit “A” text and maps for the petition;
this exhibit reflects the text and maps as approved by the Board for Transmittal.
TRANSMITTAL
STAFF RECOMMENDATION: Not to Transmit to DEO. However, if, and only if, the CCPC
forwards the petition with a recommendation to approve, staff recommended the density be
reduced to 1 DU/A (37 DUs) via use of TDRs (the density that could have been achieved prior to
the taking of a portion of the site for Immokalee Road widening that resulted in the remaining
parcel comprising less than the 40-acre minimum otherwise required for receiving TDR credits).
CCPC RECOMMENDATION: Transmit to DEO (vote: 6/0). The petitioner team committed to the
CCPC that this development would provide only single-family detached residences.
BOARD ACTION: Transmitted to DEO (vote: 4/1), per CCPC recommendation, Commissioner
Taylor opposed.
ADOPTION
There have been no revisions from the version Transmitted.
STAFF RECOMMENDATION
That the CCPC forward the single, 2018 Cycle 3 petition to the Board with a recommendation not
to adopt and transmit to the Florida Department of Economic Opportunity and review agencies
that provided comments. As stated in the staff report to the CCPC at Transmittal, staff
recommends denial for the following reasons:
• The subject site and surrounding lands are designated Rural Fringe Mixed Use District
Receiving Lands; the Urban designated area is 0.9 miles to the west. There is no transition
provided from lower to higher density and/or use intensity.
• This petition proposes to allow 77 dwelling units (2 DU/A) with the net effect being an
increase of 70 DUs. Density is achieved via use of TDRs and a “buy one get one free”
density allowance that would be unique to the subject property. This provision would apply
to no other Receiving Lands.
• Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the
Rural Fringe Mixed Use District Receiving Lands in which this site is located, are limited
to a maximum density of 1 DU/5 Acres (0.2 DU/A) - or up to 1 DU/A via use of TDRs if
>40 acres in size; agricultural uses; essential services; institutional uses by conditional
use (e.g. day care center, ALF, church). The requested density of 2 DU/A is out of
character with the RFMUD Receiving Lands in which the site is located.
• The subject parcel was previously >40 acres prior to Immokalee Road widening. The
owner was compensated for the land taken for that road.
9.A.a
Packet Pg. 92 Attachment: Adoption Staff Report_CP-18-7_cddw-FNL (12022 : Ventana Pointe Residential Overlay)
‒ 3 ‒
• People attending the Neighborhood Information Meeting expressed opposition to the
proposed intensity and density of this Overlay and the companion PUD project.
Additionally, the petitioner team committed to the CCPC in their September 2019 transmittal
hearing, that this development would provide only single-family detached residences ‒ and
Overlay provisions were revised to reflect this. With this revision, the development would no
longer meet the intent of FLUE Policy 7.4 which encourages new developments to provide
walkable communities with a blend of densities, common open spaces, civic facilities and a range
of housing prices and types. [emphasis added]
LEGAL REVIEW
This Staff Report was reviewed by the County Attorney’s Office on _________ , 2020. The criteria
for GMP amendments to the Future Land Use Element and Map Series are in Sections
163.3177(1)(f) and 163.3177(6)(a)2 and 163.3177(6)(a)8, Florida Statutes. [HFAC]
[Remainder of page intentionally left blank]
9.A.a
Packet Pg. 93 Attachment: Adoption Staff Report_CP-18-7_cddw-FNL (12022 : Ventana Pointe Residential Overlay)
‒ 4 ‒
Petition Number: PL20180002668/CP-2018-7
Staff Report for March 5, 2020 CPCC meeting.
NOTE: This petition has been tentatively scheduled for the April 14, 2020 BCC meeting.
G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2018 Cycles & Smalls\2018 Cycle 3 - October\CP-18-7
RFMUD VP Rsdntl Overlay\CCPC\CP-18-7 CCPC Adptn stff rprt_csdwFNL.docx
9.A.a
Packet Pg. 94 Attachment: Adoption Staff Report_CP-18-7_cddw-FNL (12022 : Ventana Pointe Residential Overlay)
[18-CMP-01041/1548328/1]181 18-CMP-01000
PL20180002668 / Ventana GMPA 4/
6/17/20_rev
Words underlined are additions; Words struck through are deletions.
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ORDINANCE NO. 20- _______
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER
COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES
TO ADD THE VENTANA POINTE RESIDENTIAL OVERLAY, TO
ALLOW A MAXIMUM DENSITY OF 77 DWELLING UNITS
THROUGH A BASE DENSITY OF .2 DWELLING UNITS PER ACRE
PLUS DENSITY BONUSES FOR NATIVE VEGETATION AND
TRANSFER OF DEVELOPMENT RIGHTS FOR A TOTAL
MAXIMUM DENSITY OF APPROXIMATELY 2 DWELLING UNITS
PER ACRE, FOR PROPERTY WITHIN THE RURAL FRINGE MIXED
USE DISTRICT-RECEIVING LANDS, AND FURTHERMORE
DIRECTING TRANSMITTAL OF THE AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE
SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF
IMMOKALEE ROAD, APPROXIMATELY TWO MILES EAST OF
COLLIER BOULEVARD, IN SECTION 25, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
37.62± ACRES. [PL20180002668]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly the Florida Local Government Comprehensive Planning and
Land Development Regulation Act, was required to prepare and adopt a comprehensive plan;
and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, RJH II, LLC, requested an amendment to the Future Land Use Element and
Map Series; and
WHEREAS, Collier County transmitted the Growth Management Plan amendments to
the Department of Economic Opportunity for preliminary review on November 4, 2019, after
public hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendments to the
Future Land Use Element to the Growth Management Plan and transmitted its comments in
writing to Collier County within the time provided by law; and
9.A.b
Packet Pg. 95 Attachment: Ordinance - 061720_rev (002) (12022 : Ventana Pointe Residential Overlay)
[18-CMP-01041/1548328/1]181 18-CMP-01000
PL20180002668 / Ventana GMPA 4/
6/17/20_rev
Words underlined are additions; Words struck through are deletions.
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WHEREAS, Collier County, has 180 days from receipt of the Comments Report from the
Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed
amendments to the Growth Management Plan; and
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of these amendments, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendments and
other documents, testimony and information presented and made a part of the record at the public
hearings of the Collier County Planning Commission held on March 5, 2020, and the Collier
County Board of County Commissioners held on July 14, 2020; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT
PLAN
The amendments to the Future Land Use Element and Future Land Use Map and Map
Series attached hereto as Exhibit “A” and incorporated herein by reference, are hereby adopted
in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida
Department of Economic Opportunity.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commenced before it has
become effective. If a final order of noncompliance is issued by the Administration Commission,
this amendment may nevertheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the state land planning agency.
9.A.b
Packet Pg. 96 Attachment: Ordinance - 061720_rev (002) (12022 : Ventana Pointe Residential Overlay)
[18-CMP-01041/1548328/1]181 18-CMP-01000
PL20180002668 / Ventana GMPA 4/
6/17/20_rev
Words underlined are additions; Words struck through are deletions.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _____ day of _______________________ 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
__________________________ BY: ______________________________
Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
________________________________
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A – Text and Map
HFAC
6-17-20
9.A.b
Packet Pg. 97 Attachment: Ordinance - 061720_rev (002) (12022 : Ventana Pointe Residential Overlay)
PL20180002668/CP-20J 8-7
EXHIBIT A
FUTURE LAND USE ELEMENT
II. IMPLEMENTATION STRATEGY
GOALS, OBJECTIVES AND POLICIES
"” “*“ *”” ““* text break "“ "* "” "*
Policy 1.9:
Overlays and Special Features shall include:
A. Area of Critical State Concern Overlay
B. North Belle Meade Overlay
C. Ventana Pointe Residential Overlay
C. D. Natural Resource Protection Area Overlays
D. E. Rural Lands Stewardship Area Overlay
E. F. Airport Noise Area Overlay
F. G. Bayshore/Gateway Triangle Redevelopment Overlay
G. H. Urban-Rural Fringe Transition Zone Overlay
H. I. Coastal High Hazard Area Boundary
I. J. Incorporated Areas
“* "” "* "” text break "* ““ ”" ““
V. OVERLAYS AND SPECIAL FEATURES
A. Area of Critical State Concern
“* "* “* ““ text break "* *" *" “"
B. North Belle Meade Overlay
“” ““ ““ ““ text break “* *“ ““ ““
C. Ventana Pointe Residential Overlay
1. Ventana Pointe Residential Overlay
[Page 9]
[Page 97]
a The Ventana Pointe Residential Overlay is located on the south side of Immokalee Road
approximately two (2) miles east of Collier Boulevard (approximately one (1) mile east of
the Urban Boundary and consists of 37 62+ acres The Overlay is within the Rural Fringe
Mixed Use District IRFMUD) and is designated as Receiving Lands
b Development within the Overlay shall adhere to applicable RFMUD Receiving Lands
standards and regulations except where otherwise stated in this Overlay and subject to
the following:
1 Primary access shall be via Immokalee Road
2 Dwelling units shall be limited to single family detached
c The maximum density shall be 77 dwelling units
Words underlined are added words struck-through are deleted. 1 of 4
9.A.b
Packet Pg. 98 Attachment: Ordinance - 061720_rev (002) (12022 : Ventana Pointe Residential Overlay)
Exhibit PL20180002668/CP-2018-7
d Density shall be achieved as follows
1 Base Density 0.20 dwelling units per acre* and
2 Additional density may be achieved as follows:
(a) A density bonus of 0.1 units per gross acre in the Overlay shall be allowed for preservation of on-site
native vegetation exceeding, by at least 10%, the minimum LDC required native vegetation retention
amount. The density bonuses provided for in LDC Section 2.03.08.A.2.a.(2)(b).ii shall not be applicable
in this Overlay or
(b) Through the redemption of Transferable Development Rights (TDRs) as set forth in LDC Section
2.03.07.D.4 and
(c) For each full TDR credit redeemed pursuant to Paragraph b above one additional dwelling unit shall
be granted if
i. The purchaser of the TDR credits enters into a contract to purchase TDR credits from Sending
Lands that have not severed TDRs as of the date of the contract and the owner subsequently
severs the TDR credits prior to closing on the sale of the TDR credits or
ii. Such TDRs are granted in accordance with LDC Section 2. 03. 07. D .4. c.ii.a) —-
Environmental Restoration and Maintenance Bonus credits or from LDC Section 2 03.07
D.4.c.ii.b) — Conveyance Bonus credits
* Within this Overlay for the purpose of calculating the final total number of dwelling units, a fractional unit
shall be converted upward if one-half or more of a whole unit, or downward if less than one-half of a whole
unit to the nearest whole unit value.
e Perimeter landscape buffers shall be a minimum of twenty-five feet (25’) in width and shall, at a
minimum, meet the requirements for a Type “B” buffer set forth in LDC Section 4.06.02.C.2., and may
include a sidewalk within the east and south perimeter buffers.
“* "* "” "” text break "” "” "” ”"
FUTURE LAND USE MAP SERIES [Page 147]
Future Land Use Map
Activity Center Index Map
Mixed Use & lnterchange Activity Center Maps
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East Tamiami Trait Commercial Infill Subdistrict Map Seed to Table
Commercial Subdistrict Map
Ventana Pointe Residential Overlay Map
Words underlined are added words struck-through are deleted.
G:\CDES Planning Services Comprehensive/Comp Planning GMP Data/Comp Plan Amendments\20 18 Cycles 8 Small Scale\20 18 Cycle 3 0ctober\CP-18 7 RFMUD VP Residential Overlay
Exhibit A at & maps 18-7 Resolution Exhibit A text post-BCC FNL.docx
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Packet Pg. 99 Attachment: Ordinance - 061720_rev (002) (12022 : Ventana Pointe Residential Overlay)
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EXECUTIVE SUMMARY
Recommendation not to approve by Resolution a single Petition from the 2018 Cycle Three of Growth
Management Plan Amendments for an Amendment Proposed to the Future Land Use Element to
Establish the Ventana Pointe Residential Overlay and not to approve for Transmittal to the Florida
Department of Economic Opportunity for Review and Comments Response. (Transmittal Hearing)
(PL20180002668/CP-2018-7)
OBJECTIVE: For the Board of County Commissioners (Board) not to approve (deny) a single petition
from the 2018 Cycle Three of amendments to the Collier County Growth Management Plan (GMP) and not
to approve for transmittal to the Florida Department of Economic Opportunity and other statutorily required
review agencies.
CONSIDERATIONS:
• Chapter 163, F.S., provides for an amendment process for a local government’s adopted
Comprehensive Plan.
• Collier County Resolution No. 12-234 provides for a public petition process to amend the GMP.
• The Collier County Planning Commission (CCPC), sitting as the “local planning agency” under
Chapter 163.3174, F.S., held their Transmittal hearing for the 2018 Cycle 3 petition on September 5,
2019 (one petition only, PL20180002668/CP-2018-7).
• This Transmittal hearing for the 2018 Cycle 3 petition considers an amendment to the Future Land Use
Element (FLUE).
The GMP amendment requested is specific to a ±37.62-acre property, located on the south side of
Immokalee Road, along the west side of Richards Street, and along the north side of Sundance Street,
approximately 1.9 miles east of Collier Boulevard (CR 951), in Section 25, Township 48 South, Range 26
East (Rural Estates Planning Community). The property is zoned A-RFMUO, Rural Agriculture District
and Rural Fringe Mixed Use Overlay Receiving Lands, and is undeveloped and wooded.
This petition seeks to amend the GMP, adopted by Ordinance No. 89-05, as amended, specifically amending
the FLUE by adding a new Overlay in the Rural Fringe Mixed Use District (RFMUD) Receiving Lands,
revising the Future Land Use Map to depict the new Overlay, and adding a new Future Land Use Map
Series inset map that depicts the new Overlay. The new residential overlay will: allow a maximum
residential density of 2.05 dwelling units per acre (DU/A) yielding 77 DUs (whereas the site is presently
limited to 1 DU/5 acres or 7 DUs); utilize Transfer of Development Rights Credits (TDRs) for this property
that would otherwise be ineligible due to being less than the minimum 40 acres required in the RFMUD;
provide for bonus TDRs for native vegetation retention beyond that required in the RFMUD (a modified
version of an existing provision in the RFMUD); and, provide for a bonus DU for each TDR redeemed, a
2 for 1 allowance (this is a unique provision that would apply to this site only and exists nowhere else in
the RFMUD).
Based on the review of this petition, including the supporting data and analysis, staff made the following
findings and conclusions:
• The subject site and all immediately surrounding lands are designated Rural Fringe Mixed Use
District Receiving Lands.
• The Urban designated area lies 0.9 mile to the west.
• Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural
Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum
density of 1 DU/5 Acres (0.2 DU/A) ‒ or up to 1 DU/A via use of TDRs if >40 acres in size;
9.A.d
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agricultural uses; essential services; institutional uses by conditional use (e.g. day care center, ALF,
church). In staff’s view, this site is an island and does not provide a transition; only lands 0.9 miles to
the west allow a density greater than 1 DU/A.
• The requested density of 2 DU/A is out of character with the RFMUD Receiving Lands in which the
site is located.
• This petition proposes to allow 77 dwelling units (2.05 DU/A) with the net effect being a tenfold
increase of 70 DUs (added to the allowed base density of 7 DUs). Density is achieved via use of TDRs
and a “buy one get one free” density allowance, a new GMP provision that would be unique to this site
only - it would not apply to any other RFMUD lands. The result is that 35 DUs would be “gifted” for
the purchase of 35 TDRs.
• The subject parcel was previously less than 40 acres in size prior to the Immokalee Road widening.
The owner was compensated for the land taken for that road.
• The subject site fronts Immokalee Road (CR 846), a 6-lane divided major arterial roadway; County
water and wastewater services are available to the site.
• There are no issues or concerns regarding LOS impacts upon public infrastructure.
• There are no issues or concerns regarding impacts upon natural (environmental) resources or
historical/archaeological resources.
• People attending the Neighborhood Information Meeting expressed opposition to the proposed intensity
and density that would be allowed by this Overlay and the companion PUD project (even though no
one spoke in opposition at the CCPC meeting).
FISCAL IMPACT: Petition fees account for staff review time and materials, and for the cost of associated
legal advertising/public notice for the public hearings. No fiscal impacts to the County result from approval
of this petition for transmittal.
GROWTH MANAGEMENT IMPACT: Board approval of the proposed amendment for transmittal to
the Florida Department of Economic Opportunity and other statutorily required review agencies will
commence the Department’s thirty (30) day review process and ultimately return the amendment to the
CCPC and the Board for Adoption hearings, tentatively to be held in Spring of 2020.
LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by, and
subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning
Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following
criteria in making its decision: “plan amendments shall be based on relevant and appropriate data and an
analysis by the local government that may include but not be limited to, surveys, studies, community goals
and vision, and other data available at the time of adoption of the plan amendment. To be based on data
means to react to it in an appropriate way and to the extent necessary indicated by the data available on that
particular subject at the time of adoption of the plan or plan amendment at issue.” Section 163.3177(1)(f),
F.S. In addition, Section 163.3177(6)(a)2, F.S., provides that FLUE plan amendments shall be based on
surveys, studies and data regarding the area, as applicable including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the elimination of non-
conforming uses which are inconsistent with the character of the community.
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f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with
s. 333.02.
h. The need to modify land uses and development patterns with antiquated subdivisions.
i. The discouragement of urban sprawl.
j. The need for job creation, capital investment and economic development that will strengthen and
diversify the community’s economy.
And FLUE map amendments shall also be based upon the following analysis per Section 163.3177(6)(a)8.:
a. An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use considering the character
of the undeveloped land, soils, topography, natural resources, and historic resources on site.
c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this
section.
This item is approved as to form and legality. It requires a majority vote for approval because this is a
Transmittal hearing. [HFAC]
STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That
the Collier County Planning Commission forward Petition PL20180002668/CP-2018-7 to the Board of
County Commissioners with a recommendation not to approve for transmittal to the Florida Department of
Economic Opportunity and other statutorily required agencies. However, if, and only if, the CCPC forwards
the petition with a recommendation to approve, staff recommends the density be reduced to 1 DU/A (37
DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the site
for Immokalee Road widening) – as reflected in the staff report.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
heard this petition at their September 5, 2019 meeting. The petitioner team suggested in their presentation:
this 37.62-acre property, which is surrounded on all sides by the same FLUE/FLUM designation as the
subject site, provides a “transition” that is comparable to the mile-wide Urban Residential Fringe Subdistrict
(along the east side of Collier Blvd. and south of I-75 and Beck Blvd.) covering thousands of acres and that
lies between two distinctly different FLUE/FLUM designations; or to the four square mile Urban-Rural
Fringe Transition Zone Overlay covering more than 2,500 acres (north and northwest of the subject site and
comprising Heritage Bay PUD), which internally comprises two distinctly different FLUE/FLUM
designations.
The petitioner team committed to the CCPC that this development would provide only sing le-family
detached residences.
There was one speaker at the CCPC meeting; that person did not express support or opposition but requested
the same new proposed regulations apply to his property.
The CCPC voted [6/0] to forward the subject petition to the Board with a recommendation to transmit to
the Florida Department of Economic Opportunity and other statutorily required review agencies.
STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: Same as to the
CCPC ‒ That the Board not approve petition PL20180002668/CP-2018-7 for transmittal to the Florida
Department of Economic Opportunity and other statutorily required review agencies. However, if, and
only if, the Board is inclined to approve this petition, staff recommends the density be reduced to 1 DU/A
(37 DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the
site for Immokalee Road widening) – as reflected in the CCPC staff report.
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[Staff reminder: This GMP amendment follows the Expedited State Review process. Chapter 163.3184
(3)(c)1, Florida Statutes, provides that the County Board (local governing body) shall hold its Adoption
(second public) hearing within 180 days after receipt of agency comments, unless extended by agreement
with notice to the DEO (state land planning agency) and any affected person that provided comments on
the amendment. This notification, review and comment process period is approximately 7.5 months (225
days) from the time the County Board holds its Transmittal (initial public) hearing.]
Prepared by: Corby Schmidt, AICP, Principal Planner, and David Weeks, AICP, Growth Management
Manager, Comprehensive Planning Section, Zoning Division, Growth Management Department
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Agenda Item 9.
‒ 1 ‒
PL20180002668 / CP-2018-7
Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION
COMPREHENSIVE PLANNING SECTION
HEARING DATE: September 5, 2019
SUBJECT: PETITION PL20180002668/CP-2018-7
2018 CYCLE THREE GROWTH MANAGEMENT PLAN AMENDMENT
[TRANSMITTAL HEARING]
ELEMENT: FUTURE LAND USE
APPLICANT/AGENTS
Applicant: Ryan Zuckerman Owner: Carole Construction of Naples, Inc.
RJH II, LLC 1100 Cypress Woods Drive
7466 NW 51st Way Naples, FL 34103
Coconut Creek, FL 33073
Agents: Robert J. Mulhere, FAICP Richard D. Yovanovich, Esq.
Hole Montes, Inc. Coleman, Yovanovich & Koester, PA
950 Encore Way 4001 Tamiami Trail North, Suite 300
Naples, FL 34110 Naples, FL 34103
GEOGRAPHIC LOCATION
The subject property, consisting of ±37.62 acres, is located on the south side of Immokalee Road,
along the west side of Richards Street, and along the north side of Sundance Street, approximately
two miles east of Collier Boulevard (CR 951), in Section 25, Township 48 South, Range 26 East.
REQUESTED ACTION
This petition seeks to establish an Overlay designation in the Future Land Use Element (FLUE) by
amending:
1) Policy 1.9, to add the new Ventana Pointe Residential Overlay;
2) Overlays and Special Features, to add the new Overlay provisions;
3) Future Land Use Map Series list, to add the title of the new Residential Overlay inset map;
4) Countywide Future Land Use Map to depict the Overlay; and,
5) Future Land Use Map Series to add an inset map depicting the Overlay site.
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The Overlay text, Countywide Future Land Use Map, and FLU Map Series inset map proposed by
this amendment are found in Resolution Exhibit “A”.
PURPOSE AND DESCRIPTION OF PROJECT
The petition proposes the new Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use
District (RFMUD) Receiving Lands that: allows a maximum residential density of 2.05 dwelling units
per acre (DU/A) yielding 77 DUs; utilizes Transfer of Development Rights Credits (TDRs) for this
property that would otherwise be ineligible due to being less than the minimum 40 acres required in
the RFMUD; provides for bonus TDRs for native vegetation retention beyond that required in the
RFMUD; and, provides for a bonus DU for each TDR redeemed (2 for 1). [Note: This petition was
originally submitted to allow 95 DUs (2.53 DU/A) and access to Richards Road; shortly before
drafting of this Report, the density was reduced to 77 DUs, access was changed to Immokalee Road,
and a landscape buffer provision was added. As a result, some petition materials may still reference
or be based upon the original submittal provisions.]
FUTURE LAND USE DESIGNATIONS, ZONING AND LAND USES:
Existing Conditions:
Subject Property: The subject property, which comprises ±37.62 acres, is designated Rural Fringe
Mixed Use District (RFMUD) Receiving Lands, which generally provides for higher [land use]
densities in an area with fewer natural resource constraints (than Sending Lands) and where existing
and planned public facilities are concentrated. The property is zoned A-RFMUO, Rural Agriculture
and Rural Fringe Mixed Use Overlay Receiving Lands and is undeveloped and wooded.
FUTURE LAND USE MAP EXCERPT
(Note: subject site is not to scale – is much smaller than appears on map)
Surrounding Lands:
North: To the north, across Immokalee Road, lands are designated RFMUD Receiving Lands and
are within the Urban-Rural Fringe Transition Area Overlay. It is zoned Heritage Bay MPUD
(Mixed Use Planned Unit Development), and is developed with residential units, lakes (former
quarry) and conservation areas.
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East: To the east, across Richards Road, lands are designated RFMUD Receiving Lands and zoned
A-MHO-RFMUO Receiving Lands (MHO-mobile home overlay). There is a County stormwater
retention area then undeveloped lands.
South: To the south, across Sundance Street, lands are designated RFMUD Receiving Lands and
zoned A-RFMUO Receiving Lands. They are part of the La Morada residential golf course
development.
West: To the west, lands are designated RFMUD Receiving Lands and zoned A-RFMUO Receiving
Lands. Some parcels are undeveloped and wooded while others contain a single-family dwelling.
The Future Land Use Map designates land lying immediately west (and southwest) of the subject
property Rural Fringe Mixed Use District-Receiving Lands.
In summary, the existing and planned land uses, and zoning, in the area surrounding the subject
property are primarily low-density single-family residences and undeveloped acreage parcels.
STAFF ANALYSIS
Along this segment of Immokalee Road, a six-lane divided arterial, the RFMUD Receiving Lands
comprises a 3-mile corridor. It begins one mile east of Collier Blvd. and extends east to Golden
Gate Estates. Land uses along this corridor, running west to east, are generally identified below.
North Side of Immokalee Road
• 1st Mile: A portion of the 2,562-acre Heritage Bay PUD/DRI approved for 3,450 DUs (gross
density of 1.35 DU/A), 66 acres/230,000 s.f. of commercial development, 200 ALF units, golf
courses, 863+ acres of wetlands, and 677 acres of lakes (487 acres are former quarry). The
entire PUD/DRI comprises four Sections (+4 square miles); three Sections are designated
RFMUD Receiving Lands and one Section is Urban Residential Subdistrict and Mixed-Use
Activity Center Subdistrict. The entire PUD/DRI is also within the Urban-Rural Fringe
Transition Area Overlay, established in 2003 by a private sector GMP amendment, which
allows the density from the Urban Section to be distributed throughout the Overlay.
• 2nd Mile: Bonita Bay East Golf Course, which includes a significant amount of conservation
lands, zoned A-RFMUO Receiving Lands.
• 3rd Mile: Twin Eagles Golf & Country Club, a residential golf course development, a portion of
which utilizes TDR credits; the gross density is <1 DU/A. The development is zoned A-
RFMUO Receiving Lands.
South Side of Immokalee Road
• 1st Mile: Portion of La Morada residential and golf course development; utilizes TDR credits;
gross density is < 1 DU/A. Church on 9.35-acre parcel. Two undeveloped, wooded parcels,
+8 acres and 17.25 acres. Portion of La Morada. Fogg’s plant nursery on +17.5 acres. An
undeveloped, wooded parcel, +17.25 acres. Subject site. All of these properties are zoned A-
RFMUO Receiving Lands. Staff’s opinion is there is little opportunity to aggregate properties.
• 2nd Mile: County stormwater management pond on +7.7 acres. Four undeveloped, wooded
parcels, +18.3 acres, 8.6 acres, +0.5 acres, +0.9 acres. Two parcels containing one single
family dwelling and a horse training facility (7.25 acres total), and an undeveloped parcel
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(+18.4 acres), all three of which comprise a portion of a site for which a 2019 pre-application
meeting was held for a church conditional use. A church on +9.1 acres. Three undeveloped,
wooded parcels, 3.6 acres, +2.2 acres, +1.4 acres. A church on land zoned MPUD (+35
acres), approved for church, school, child care and ALF-assisted living facility. Two
undeveloped, wooded, 0.5-acre parcels. A 22-acre public school site, frontage portion
recently cleared. Three undeveloped parcels, each between +1.1 and +1.2 acres. Except for
the one MPUD, all of these lands are zoned A-RFMUO Receiving Lands. Staff sees two
potential opportunities to aggregate property, one of which is the site of the proposed church
CU.
• 3rd Mile: Brentwood Lakes (fka Twin Eagles South) platted residential subdivision, cleared
and infrastructure work underway; utilizes TDR credits. Two undeveloped parcels comprising
+24.4 acres that is the site of a pending GMP amendment and PUD rezoning proposing a
mixed-use project to allow 44,400 s.f of commercial, day care, and 129 DUs yielding a gross
density of 5.29 DU/A. (Not fronting Immokalee Road is a landscape maintenance business on
+15.7 acres.) Nine parcels varying in size from +0.75 to 13 acres – four are undeveloped and
wooded, three are in agricultural use, two contain a SFDU each. County stormwater
management pond on +5.1 acres. Two parcels in agricultural use, 1.1 and +1.4 acres. All of
these lands are zoned A-RFMUO Receiving Lands. Given the small size of most parcels and
the existence of SFDUs, staff’s opinion is there is minimal opportunity to aggregate property.
In summary, all adjacent properties on the south side of Immokalee Road are limited to 1 DU/5
acres (0.2 DU/A) and agricultural uses by right, and are currently undeveloped or contain a single
family dwelling; and all property on south side of Immokalee Road in this 3-mile corridor of RFMUD
Receiving Lands are developed or approved with residential density <1 DU/A or agricultural uses
or institutional uses allowed by the RFMUO Receiving Lands zoning overlay. It is acknowledged
the site fronts on a six-lane divided road, has central utilities available, and is across Immokalee
Road from the urban-style development of Heritage Bay. However, staff also notes that Heritage
Bay opposite this site is separated by both Immokalee Road and the Cocohatchee Canal, and then
within Heritage Bay is a landscape berm and buffer, a local road, then a single row of 1 story
dwellings. Further, Heritage Bay has an approved density of 1.35 DU/A. In staff’s opinion, though
the proposed density might not be incompatible with surrounding density based upon high level
view, it is out of character with the adjacent and extended area development pattern in the RFMUD
Receiving Lands corridor along Immokalee Road.
Appropriateness of the Site and the Change:
The Meyers Research Needs Analysis (June 2018), is part of the supporting data & analysis
submitted with GMPA application materials (Exhibit V.D.1.). The Meyers Research analyzes the
[specific] need for this number of residences at this location. The Analysis indicates that the
projected population growth provides sufficient demand for the density already allowed by the
RFMUD Receiving Lands.
Staff’s opinion is that this amendment will not increase the countywide population, rather reallocate
a small portion of the population growth such that there is an increase to this site of 113 persons
(124 persons vs. presently allowed 11 persons). [Calculations: 77 DUs per the Overlay x 2.38
persons per household (countywide ratio) x 0.675 (67.5% - the countywide occupancy rate) = 124
persons.] The amendment will introduce new residential density (77 DUs v. 7 DUs) by establishing
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a future land use designation in an area where it is not now allowed. Staff is of the opinion that the
proposed GMP amendment is out of character with the surrounding development pattern.
Per the petitioner materials, the subject parcel was previously 40+ acres in size; as such, it qualified
to utilize TDRs to increase density to a maximum of 1 DU/A. When the County acquired a portion of
the site to expand Immokalee Road ROW, resulting in the parcel size of 37.62 acres, the land owner
was compensated, presumably for the value of the changes to property rights and made whole. This
overlay would now return the rights to the property owner to use TDRs plus double the allowable
density through a “buy one get one” allowance.
The petitioner notes similarities between this site and proposed overlay with the Urban Residential
Fringe (URF) Subdistrict and contends that the overlay provides for a transition between Urban and
Rural Fringe areas/densities. The URF: is located along the east side of Collier Blvd., a 6-lane divided
road, from Beck Blvd. (near I-75) south to US 41 East; is served by central utilities; is one mile wide;
comprises +8.5 Sections (+5,400 acres); limits density to 1.5 DU/A or 2.5 DU/A with use of TDR
credits; is intended to serve as a transition between higher densities allowed on the west side of
Collier Blvd. (Urban Residential Subdistrict, 4 DU/A base and potentially higher if qualifying for a
density bonus(es) and the RFMUD to the east (mostly Sending Lands, 1 DU/40 acres); and, is within
the Urban FLUM designation. Staff notes this small property fronts a 6-lane divided road and is
served by central utilities, but it provides no transition as it is +0.9 mile east of the urban boundary -
it is an island surrounded by RFMUD Receiving Lands limited, residentially, to a rural density of 1
DU/5 acres (0.2 DU/A) - or up to 1 DU/A utilizing TDRs but only for projects of >40 contiguous acres
(the closest portion of the La Morada project, which uses TDRs, is +660 feet to the west and not
fronting Immokalee Road).
While staff might characterize the proposed density as urban sprawl, it must be acknowledged that
one could argue the presently allowed density is also urban sprawl.
RFMUD Restudy White Paper
The RFMUD White Paper presents a compilation of public comments gathered from the various
meetings and workshops held in the community to solicit public input as well as staff
recommendations. One of those recommendations is to consider allowing a density up to two
DU/A but only for affordable/workforce housing projects. BCC direction for RFMUD GMP
amendments includes for staff to take into account housing affordability, mobility, economic vitality
and environmental protection. This petition doesn’t address any of these considerations and
specifically doesn’t propose affordable/workforce housing; though there is a proposed density
increase for additional native vegetation retention, there is no incentive to do so since the
maximum allowable density can be achieved via the purchase of TDR credits and equivalent
number of free DUs.
Criteria for GMP Amendments in Florida Statutes
Data and analysis requirements for comprehensive plans and plan amendments are noted in
Chapter 163, F.S., specifically as listed below.
Section 163.3177(1)(f), Florida Statutes:
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(f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be
based upon relevant and appropriate data and an analysis by the local government that may
include, but not be limited to, surveys, studies, community goals and vision, and other data
available at the time of adoption of the comprehensive plan or plan amendment. To be based on
data means to react to it in an appropriate way and to the extent necessary indicated by the data
available on that particular subject at the time of adoption of the plan or plan amendment at issue.
1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be
deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such
studies, surveys, data, and supporting documents for proposed plans and plan amendments
shall be made available for public inspection, and copies of such plans shall be made
available to the public upon payment of reasonable charges for reproduction. Support data
or summaries are not subject to the compliance review process, but the comprehensive plan
must be clearly based on appropriate data. Support data or summaries may be used to aid
in the determination of compliance and consistency.
2. Data must be taken from professionally accepted sources. The application of a methodology
utilized in data collection or whether a particular methodology is professionally accepted may
be evaluated. However, the evaluation may not include whether one accepted methodology
is better than another. Original data collection by local governments is not required. However,
local governments may use original data so long as methodologies are professionally
accepted.
3. The comprehensive plan shall be based upon permanent and seasonal population estimates
and projections, which shall either be those published by the Office of Economic and
Demographic Research or generated by the local government based upon a professionall y
acceptable methodology. The plan must be based on at least the minimum amount of land
required to accommodate the medium projections as published by the Office of Economic
and Demographic Research for at least a 10-year planning period unless otherwise limited
under s. 380.05, including related rules of the Administration Commission. Absent physical
limitations on population growth, population projections for each municipality, and the
unincorporated area within a county must, at a minimum, be reflective of each area’s
proportional share of the total county population and the total county population growth.
Section 163.3177(6)(a)2. Florida Statutes:
2. The future land use plan and plan amendments shall be based upon surveys, studies, and data
regarding the area, as applicable, including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the elimination of
nonconforming uses which are inconsistent with the character of the community.
f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
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g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and
consistent with s. 333.02.
h. The discouragement of urban sprawl.
i. The need for job creation, capital investment, and economic development that will strengthen
and diversify the community’s economy.
j. The need to modify land uses and development patterns within antiquated subdivisions.
Section 163.3177(6)(a)8., Florida Statutes:
(a) A future land use plan element designating proposed future general distribution, location, and
extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation,
conservation, education, public facilities, and other categories of the public and private uses of
land. The approximate acreage and the general range of density or intensity of use shall be
provided for the gross land area included in each existing land use category. The element shall
establish the long-term end toward which land use programs and activities are ultimately
directed.
8. Future land use map amendments shall be based upon the following analyses:
a. An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use considering the
character of the undeveloped land, soils, topography, natural resources, and historic
resources on site.
c. An analysis of the minimum amount of land needed to achieve the goals and
requirements of this section.
It is incumbent upon the petitioner to provide appropriate and relevant data and analysis to address
the statutory requirements for a Plan amendment, then present and defend, as necessary, that data
and analysis.
Traffic Capacity/Traffic Circulation Impact Analysis, Including Transportation Element Consistency
Determination:
A Traffic Impact Statement, dated January 25, 2019, prepared by Trebilcock Consulting Solutions,
Inc., was submitted with this petition (Exhibit “V.E.3”). It notes that all traffic accessing the property
comes from Immokalee Road (35% to/from the east; 65% to/from the west).
Collier County Transportation Planning staff reviewed this petition and had no objection to its
approval, finding it consistent with Transportation Element Policy 5.1.
Environmental Impacts:
A Protected Species Survey, dated October 2, 2018, prepared by Earth Tech Environmental, LLC
(ETE), was submitted with this petition (Exhibit V.C.1). Environmental specialists with County
Development Review Division, Environmental Planning Section, reviewed these documents and
provided the following comments:
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The subject property is visited by bear, panther, bobcat and other animal species. The levels of
protections granted to these animals, along with their habitat found on property, affects the potential
for development.
The native vegetation on site will be retained in accordance with the requirements of Policy 6.1.1 of
the Conservation and Coastal Management Element of the GMP and Section 3.05.07 of the LDC.
Public Facilities Impacts:
A Public Facilities Report, dated January 29, 2019 (Exhibit V.E.1), was submitted with this petition
and concluded there is adequate capacity of public infrastructure to serve the proposed project –
potable water, wastewater collection and treatment, solid waste collection and disposal, stormwater
management, parks and recreational facilities, public schools, and emergency medical (EMS) and
fire rescue services. Appropriate staff reviewed this petition and identified no issues or concerns
regarding impacts upon public infrastructure.
NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS
The application team held a Neighborhood Information Meeting (NIM) in the Sanctuary of the Peace
Lutheran Church, located at 9850 Immokalee Road, Naples on June 12, 2019, at 5:30 p.m. as
required by Section 10.03.05 F. of the LDC. This NIM was advertised, noticed and held jointly for
this GMP amendment petition and companion PUD rezone petition [which is not under formal
consideration with this GMPA transmittal hearing].
Approximately fifteen people other than the applicant team and County staff attended ‒ and heard
the following information:
Robert Mulhere (agent representing the applicant) of Hole Montes, presented an overview of the
proposed development, and how it first required amendments to the County’s Growth Management
Plan. He explained that this Plan amendment was a full-scale amendment that will be heard by the
Planning Commission and the County Board for both transmittal and adoption hearings over a
number of months.
Mr. Mulhere pointed out the property location fronted on three sides by Immokalee Road (N),
Richards Street (E) and Sunset Road (S). This project is designed to access directly onto Richards
Street with its main entry and an additional emergency-only access.
He identified a number of residential developments nearby, including La Morada and Bent Creek.
This project is designed to develop predominantly the southerly half of the property residentially,
while protecting those less-developable [natural] areas characterizing the northerly half.
Mr. Mulhere invited, heard and responded to questions and comments.
Several members of the public spoke, asking questions, seeking more information, expressing
concerns, and expressing opposition for the proposed project. Many of them identified themselves
as being residents of the nearby rural agricultural area, who use and upkeep the private roads
Richards Street, Sunset Road and Krape Road. Their comments and concerns included:
• How the property is already entitled to a relatively high residential density using TDRs; and,
what reasons are given to grant additional, higher density this property?
• Traffic congestion; including adopting these local private roads into use by new residential
traffic [without proposing compensating improvements, directional signage, etc.], directly
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accessing Richards Street at its main entry where vehicles waiting on Richards already do
not have the stacking depth to allow additional vehicles, introducing new or additional turning
maneuver conflicts crossing through the Immokalee Road medians at Richards Street and
Krape Road.
• How past or current property owners have allowed [3rd party] ditching or berming along
portions of the site resulting with improperly displaced surface water offsite [especially across
Richards Street then on to neighboring properties]; and, if property development will
discharge its surface waters into these areas to compound the problem, or if the design will
attempt to correct these problems and restore a more-natural flow?
• How the property, like their own, (was, and) is suitable for low-density development intended
by the Rural Fringe [Mixed Use District].
• The County should keep the Rural Fringe Mixed Use District (RFMUD) intact [without the
changes proposed by this GMP amendment.]
• Project characteristics, The incompatibility of this high-density project with the established
surrounding low-density residential area (too narrow, too small), as now planned is out of
character with the area.
• Impacts on the neighborhood taxes? The agent explained how effects are minimized, as
Impact Fees paid by the developer absorb the costs of new or additional services required
by the development.
• Emergency services and the conflicts of introducing new and additional traffic onto these
private roadways, are where problems already apparent; agent answered that Fire District
representatives review these proposals for the impacts on their ability to provide services and
are addressing these concerns.
The strong consensus was expressed in opposition to developing the subject property as proposed.
The Information Meeting was ended at approximately 6:30 p.m.
This synopsis provides the annotated NIM proceedings. An audio recording of the entire
Neighborhood Information Meeting is available on the County’s “I” drive, at I:/GMD/Comprehensive
Planning/NIM Recordings & PREAPP Notes.
[Synopsis prepared by C. Schmidt, AICP, Principal Planner]
FINDINGS AND CONCLUSIONS
• The subject site and surrounding lands are designated Rural Fringe Mixed Use District Receiving
Lands; the Urban designated area is 0.9 miles to the west.
• This petition proposes to allow 77 dwelling units (2 DU/A) with the net effect being an increase
of 70 DUs. Density is achieved via use of TDRs and a “buy one get one free” density allowance.
• Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural
Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum
density of 1 DU/5 Acres (0.2 DU/A) - or up to 1 DU/A via use of TDRs if >40 acres in size;
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agricultural uses; essential services; institutional uses by conditional use (e.g. day care center,
ALF, church).
• The requested density of 2 DU/A is out of character with the RFMUD Receiving Lands in which
the site is located.
• The RFMUD White Paper includes a staff recommendation for a density increase to 2 DU/A but
only for affordable/workforce housing, and BCC direction is to include consideration for housing
affordability, mobility, economic vitality, and environmental protection. The subject site is 37.62
acres and the proposed overlay does not address these considerations.
• The subject parcel was previously >40 acres prior to Immokalee Road widening. The owner was
compensated for the land taken for that road.
• The subject site fronts Immokalee Road (CR 846), a 6-lane divided arterial road, and County
water and wastewater service is available to the site.
• There are no issues or concerns regarding LOS impacts upon public infrastructure, or upon
natural (environmental) resources or historical/archaeological resources.
• People attending the Neighborhood Information Meeting expressed opposition to the proposed
intensity and density of this Overlay and the companion PUD project.
LEGAL CONSIDERATIONS:
This Staff Report was reviewed by the County Attorney’s Office on August 16, 2019. The criteria for
GMP amendments to the Future Land Use Element and map series are in Sections 163.3177(1)(f)
and 163.3177(6)(a)2. and 163.3177(6)(a)8., Florida Statutes. [HFAC]
STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION:
Based on the analyses provided within this report, staff recommends that the Collier County Planning
Commission forward Petition PL20180002668/CP-2018-7 to the Board of County Commissioners
with a recommendation not to approve for transmittal to the Florida Department of Economic
Opportunity and other statutorily required agencies. However, if, and only if, the CCPC forwards the
petition with a recommendation to approve, staff recommends the density be reduced to 1 DU/A (37
DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of
the site for Immokalee Road widening) – as reflected below.
(Note: single underline text is added, as proposed by petitioner; double underline text is added, and
double strike through text is deleted, as proposed by staff; all subsequent portions of the petitioner’s
proposed Overlay text would be deleted.)
C. Ventana Pointe Residential Overlay
1. The Ventana Pointe Residential Overlay is located on the south side of Immokalee
Road, approximately two (2) miles east of Collier Boulevard (approximately one (1)
mile east of the Urban Boundary), and consists of 37.62± acres. The Overlay is within
the Rural Fringe Mixed Use District (RFMUD) and is designated as Receiving Lands .
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2. Development within the Overlay shall adhere to applicable RFMUD Receiving Lands
standards and regulations, except where otherwise stated in this Overlay and subject
to the following:
a. Primary access shall be via Immokalee Road.
b. The maximum density shall be 77 37 dwelling units.
c. Density shall be achieved as follows: as provided for in the Rural Fringe Mixed
Use District Receiving Lands for parcels forty (40) acres or larger in size.
Staff provides the following reminder: This GMP amendment follows the Expedited State Review
process. Chapter 163.3184 (3)(c)1, Florida Statutes, provides that the County Board (local
governing body) shall hold its Adoption (second public) hearing within 180 days after receipt of
agency comments, unless extended by agreement with notice to the DEO (state land planning
agency) and any affected person that provided comments on the amendment. This notification,
review and comment process period is approximately 7.5 months (225 days) from the time the
County Board holds its Transmittal (initial public) hearing.
[Remainder of page intentionally left blank]
9.A.e
Packet Pg. 224 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay)
Agenda Item 9.
‒ 12 ‒
PL20180002668 / CP-2018-7
Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE
9.A.e
Packet Pg. 225 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay)
RESOLUTION NO. 19- 206
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AMENDMENT TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT AND
MAP SERIES TO ADD THE VENTANA POINTE
RESIDENTIAL OVERLAY, TO ALLOW A MAXIMUM
DENSITY OF 77 DWELLING UNITS THROUGH A BASE
DENSITY OF .2 DWELLING UNITS PER ACRE PLUS
DENSITY BONUSES FOR NATIVE VEGETATION AND
TRANSFER OF DEVELOPMENT RIGHTS FOR A TOTAL
MAXIMUM DENSITY OF APPROXIMATELY 2 DWELLING
UNITS PER ACRE, FOR PROPERTY WITHIN THE RURAL
FRINGE MIXED USE DISTRICT-RECEIVING LANDS, AND
FURTHERMORE RECOMMENDING TRANSMITTAL OF
THE AMENDMENT TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS
LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD,
APPROXIMATELY TWO MILES EAST OF COLLIER
BOULEVARD, IN SECTION 25, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 37.62±ACRES. [PL20180002668]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act,
was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, RJH II, LLC, requested an amendment to the Future Land Use Element and
Future Land Use Map and Map Series to add the Ventana Pointe Residential Overlay to the
Rural Fringe Mixed Use District-Receiving Lands; and
WHEREAS, on September 5, 2019, the Collier County Planning Commission considered
the proposed amendment to the Growth Management Plan pursuant to the authority granted to it
by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of
County Commissioners; and
18-CMP-01041/1502674/11119
10/9/19 Page 1 of 2
Words underlined are additions,words struck through are deletions.
9.A.f
Packet Pg. 226 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay)
WHEREAS, on October 22, 2019 the Board of County Commissioners at a public
hearing approved the transmittal of the proposed amendment to the state land planning agency in
accordance with Section 163.3184, F.S.; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
Amendment, various State agencies and the Department of Economic Opportunity (DEO) have
thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier
County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and
WHEREAS, Collier County, upon receipt of the written comments from DEO must
adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment
within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and
WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted
Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan
Amendment pursuant to Section 163.3184(3), F.S.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners hereby approves the proposed Growth Management
Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the
purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies
thereby initiating the required State evaluation of the Growth Management Plan Amendment
prior to final adoption.
THIS RESOLUTION ADOPTED after motion, second and majority vote this I-
day of Qe,4-2) ;- , 2019.
1k`[ E e• BOARD OF 11. COMMISSIONERS
CRYST L' ZEL, CLE CO LIE 'O: TY, FL 6 'ID
AhiA
BY:
tte5 0 ' ,j I VI lerk illiam L. McDaniel, Jr., airmani
sigria r .only.
Approved as to form and legality:
1( A
eidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Proposed Text Amendment& Map Amendment
18-CMP-01041/1502674/1]119
10/9/19 Page 2 of 2
Words underlined are additions,words struck through are deletions.
9.A.f
Packet Pg. 227 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay)
EXHIBIT A
VENTANA POINTE RESIDENTIAL OVERLAY
FUTURE LAND USE ELEMENT
Proposed amendment to the Collier County Future Land Use Element(FLUE)and Future Land Use
Map (FLUM) to establish the 37.62± Acre Ventana Pointe Residential Overlay within the RFMU
District located on the south side of Immokalee Road, approximately 1.9 miles east of Collier
Boulevard.
Amend II. IMPLEMENTATION STRATEGY,Policy 1.9,Page 10 as follows:
Policy 1.9:
Overlays and Special Features shall include:
A. Area of Critical State Concern Overlay
B. North Belle Meade Overlay
C. Ventana Pointe Residential Overlay
ED. Natural Resource Protection Area Overlays
13-E. Rural Lands Stewardship Area Overlay
F. Airport Noise Area Overlay (IV)
1%G. Bayshore/Gateway Triangle Redevelopment Overlay
6-H. Urban-Rural Fringe Transition Zone Overlay
1I. Coastal High Hazard Area Boundary
Incorporated Areas
Amend V.OVERLAYS AND SPECIAL FEATURES Starting on Pa
V. OVERLAYS AND SPECIAL FEATURES
A. Area of Critical State Concern
Text Break**********************************
B. North Belle Meade Overlay
Text Break**********************************
C. Ventana Pointe Residential Overlay
1. Ventana Pointe Residential Overlay
a The Ventana Pointe Residential Overlay is located on the south side of Immokalee Road,
approximately two(2)miles east of Collier Boulevard(approximately one(1)mile east of the
Urban Boundary)and consists of 37.62±acres. The Overlay is within the Rural Fringe Mixed
Use District(RFMUD)and is designated as Receiving Lands
h Development within the Overlay shall adhere to applicable RFMUD Receiving Lands
standards and regulations, except where otherwise stated in this Overlay and subject to the
following:
1) Primary access shall be via Immokalee Road.
Dwelling units shall be limited to single family detached.
C. The maximum density shall be 77 dwelling units.
Underlined text indicates text to be added for Ventana Pointe Residential Overlay:Struck through text to be deleted.
Page 1 of 5
9.A.f
Packet Pg. 228 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay)
D. Density shall be achieved as follows:
LU Base Density: 0.20 dwelling units per acre*;and
2) Additional density may be achieved as follows:
a. A density bonus of 0.1 units per gross acre in the Overlay shall be allowed for
preservation of on-site native vegetation exceeding, by at least 10%, the minimum
LDC required native vegetation retention amount.The density bonuses provided for in
LDC Section 2.03.08.A.2.a.(2)(b)ii. shall not be applicable in this Overlay; or
b. Through the redemption of Transferable Development Rights (TDRs) as set forth in
LDC Section 2.03.07.D.4.;and,
c. For each full TDR credit redeemed pursuant to Paragraph b. above, one additional
dwelling unit shall be granted if:
i. The purchaser of the TDR credits enters into a contract to purchase TDR credits
from Sending Lands that have not severed TDRs as of the date of the contract and
the owner subsequently severs the TDR credits prior to closing on the sale of the
TDR credits; or
ii. Such TDRs are granted in accordance with LDC Section 2.03.07.D.4.c.ii.a) —
Environmental Restoration and Maintenance Bonus credits or from LDC Section
2.03.07.D.4.c.ii.b)—Conveyance Bonus credits.
Within this Overlay, for the purpose of calculating the final total number of dwelling units,
a fractional unit shall be converted upward if one-half or more of a whole unit, or
downward if less than one-half of a whole unit,to the nearest whole unit value.
E. Perimeter Landscape buffers shall be a minimum of twenty-five feet(25') in width and shall,
at a minimum, meet the requirements for a Type "B" buffer set forth in LDC Section
4.06.02.C.2.
Text Break**********************************
D.E. Natural Resource Protection Area Overlay
Text Break**********************************
E.I3 Rural Lands Stewardship Area Overlay
Text Break*********************************
F.& Airport Noise Area Overlay
Text Break*********************************
G. Bayshore/Gateway Triangle Redevelopment Overlay
Text Break*********************************
H. Urban-Rural Fringe Transition Zone Overlay
Text Break*********************************
I. 1€L Coastal High Hazard Area
Text Break*********************************
J. L Incorporated Areas
Text Break*********************************
Underlined text indicates text to be added for Ventana Pointe Residential Overlay;Streek—flifaugli-text to be deleted.
Page 2 of 5
9.A.f
Packet Pg. 229 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay)
FUTURE LAND USE MAP SERIES
Future Land Use Map
Activity Center Index Map
Mixed Use&Interchange Activity Center Maps
Properties Consistent by Policy(5.11, 5.12, 5.13, 5.14)Maps
Collier County Wetlands Map
Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs Map
Future Land Use Map Rivers and Floodplains Future Land Use Map Estuarine Bays
Future Land Use Map Soils
Existing Commercial Mineral Extraction Sites Map
Bayshore/Gateway Triangle Redevelopment Overlay Map
Stewardship Overlay Map
Rural Lands Study Area Natural Resource Index Maps
North Belle Meade Overlay Map
North Belle Meade Overlay Map Section 24
Existing Schools and Ancillary Facilities Map
Future Schools and Ancillary Facilities Map(XIII)Plantation Island Urban Area Map
Copeland Urban Area Map
Railhead Scrub Preserve—Conservation Designation Map
Lely Mitigation Park—Conservation Designation Map
Margood Park Conservation Designation Map
Urban Rural Fringe Transition Zone Overlay Map
Orange Blossom Mixed Use Subdistrict Map
Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map
Goodlette/Pine Ridge Mixed Use Subdistrict Map
Henderson Creek Mixed-Use Subdistrict Map
Buckley Mixed-Use Subdistrict Map
Livingston/Pine Ridge Commercial Infill Subdistrict Map
Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map
Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map
Livingston Road Commercial Infill Subdistrict Map
Orange Blossom/Airport Crossroads Commercial Subdistrict
Livingston Road/Veteran's Memorial Boulevard Commercial Infill Subdistrict Map
Corkscrew Island Neighborhood Commercial Subdistrict Map
Collier Boulevard Community Facility Subdistrict Map
Coastal High Hazard Area Map
Coastal High Hazard Area Comparison Map
Gordon River Greenway Conservation Area Designation Map
Hibiscus Residential Infill Subdistrict Map
Vincentian Mixed Use Subdistrict Map
Davis—Radio Commercial Subdistrict Map
Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map
Mini Triangle Mixed Use Subdistrict Map
East Tamiami Trail Commercial Infill Subdistrict Map
Seed to Table Commercial Subdistrict Map
Ventana Pointe Residential Overlay Map
Underlined text indicates text to be added for Ventana Pointe Residential Overlay;text to be deleted.
Page 3 of 5
9.A.f
Packet Pg. 230 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay)
EXHIBIT A PL20180002668/CP-20 1 8-7
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VENTANA POINTE RESIDENTIAL OVERLAY
COLLIER COUNTY, FLORIDA
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9.A.f
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9.A.f
Packet Pg. 232 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay)
9.A.g
Packet Pg. 233 Attachment: BCC Affidavit & Advertisement 11590 & 12022 (12022 : Ventana Pointe Residential Overlay)
9.A.g
Packet Pg. 234 Attachment: BCC Affidavit & Advertisement 11590 & 12022 (12022 : Ventana Pointe Residential Overlay)
N(,TI(,E OF PUI'LIG TTEA}IINU
NOTICE OF INTENTTO CONSIDER ORDINANCE(S)
Noticr i! h..cby glv6n that the Coli.r Connv Bo.rd ol Coonty Commi3llon.l! will hold a publlc hearing
on &t l/|lh, lm, cotfirt.fthg .t 9.@ a.6., in ihe Bo€rd of County CommissionoB Chamb€r, Third Floor,
C,ollla CotJnty Oov.mm.. C€ota., 3290 Tamiami Treil East, Naples, FL.
Th. prrp@ ol th. haing b lo co.Bdor .
AN OTT'INANCD OT T{E IOARD OF COI]NTY COMMTSSIONERS AMENDINC ORDINANCE E!I.05, AS
AMf,NDDD, TEE COLLIEN COUNTY GROWTE MANAGEMf,M PLIN, SPECIFICAJ,LY AMf,NDINC
If,I TUTUNX I.AND USE ELEMENT AND MA} AIRIES To ADD T1IE VET{IANA POINIE RESIDENTIAL
OVE,TY,TOA.OWAMAXIMI,MDENSITYOT.,7DWELLINGI,NITSTIIROUGEABASf,DENSITYOF
.2 DWf,I,I.ING I,INITS PER ACX.E PLUS DENSITY EONUSES FOR NATTVE VEGETATION TID TR.INSIER
OT Df,VDI'IMf,NT RIGXTS NON A ToIAL MAXIMI'M Df,NSITY OF APPRo)(IM,1IIELY 2 I'Wf,LLII{G
UNITS IDN TCNf,, FOR
'NOPERTY
PITEIN TEE RIJRAL FnINGE MIXDD USE DISTRTCT-Rf,Cf,N'ING
I.ANDS! AND rI]XTEERMORE DIXECTING TRA},'SiflTTAL OF THE AMDNDMENT TO TuE FLORIDA
DE'ATTMDNTOTECONOidIC OPPOXN'{TY. THf, SIIEJDCT PROPERTY TS LOCAIED ON TEE SOUTE
SIDE Or IIUMOTALf,E nOlD, A.PIRO)aIUAIELY TWO MILf,S f,AST OE COLLIER BOULEVAXD, IN
Sf,CTX)N 25, I()S'NSEP 1' IX)UTB. NANGE 25 EAST, COLIJER COUNTY, TLORIDA" CONSISTING OF
37Jtr ACIf, & Ifl
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'NANCD
OT TED BOAND OF COi]NTY COMIIIISSIONf,X.S OT COLIIER COI'NTY, II-oXIDA
AMf,NIIING OnDINANCa NUMBDn 2004{1, AS AMENIIED, TIID COLLIER COUNTY IrU\D
I'IVDII)|MINT CODf,, Wf,lCS ESTABIISED TEE COMPXEHENSII'E ZONING RECI.rL,{I!ONS TOR
TtrI I'NINCOTFOR,/TTED ANDA OT COIJJER COUNTY, FLORIDA BY AMENDING TXf, APPNOPRI,ATf,
Z)NING Aru$ M P OR MA}S BY CtrANGING Tf,E Z'NINC CL SSIFICATION OT TEE EEREIN
DESCITED nlAI PNOPERTY TROM A RI'RAL AGHCULTURI (A) ZONING DISTruCT }TIIIIN T{E
NI, TL TTGE ITOGD USE DISTnICI dERJ,IY.RECEIVING LAIIDS To A RESII,ENTIAL PI,,AJ{I{ED
I,'T{IT I'EVEI.OIMENT GPUD) ZONTNG DII|TRICT TOR TIIE PNOJDCT TO BE KNOT'N AS VENrANA
FOINTE RIUD, TO AIII}W OONSTRUCTION OF L? TO 77 DE-IACEED SINCLE TAMILY DWELLING
IJNITS ON PTOIARTY I,OCATED ON TEE SOUTU SIDE OT IMMOK LEE ROAD, I}PROXII}'AIELY
TWO MrLX! EAST OP COLIlf,n EOITLEV .RD,IN SECTTON 25, mWNSHrP a6 SOlIru, nANGf, 25 f,AnT,
CONSISTING Or 37.62+ ICLESi AND BY PROyIDING AN EFFf,CTwf, DATE. 1PL20r800026591
lmmoka lee RD
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All lnl.[tt d p.nb .r! invltod lo.pp.ar and bo h6ard. Copiao of th6 poposrd ORDI A;TCE{SI will b€ made
a\rtgtbL lor inlpac{on at tha GMD Zoning Oivbion, CoftprEh€ngivo Planning S€clion, 2800 N. Horsosho€
Dr., rpL., FL.; bdwo.n th. hou6 ol SiOO lU. and S:OO Plir., Monday th;ugh Fruay. Furlhernoie, lh6
firatdLla wlll ba mada avaihbL lor insp€c1ion et th6 Colliar Counly Clorkb Otfice, Fourlh Floor, Sult6 401.
CollLr County Govammani Carltor, Easl Napha,. one w6€k pior td lho schodulod h6aring. Any quostions
partahhC to lha documant! should ba dir€cted lo tha GMD Zoning Dfulsion, Comprchanslvo Planning S6ction.
lirdtnn cohm.nt! flbd wlth tho Cl6rk to ths Boardb Otlico prior to July l alh, 2@ will be Igad ahd considered
rt th. Frulc h..ring,
Ar parl ol ]l ongoing initiatlvc to p.omote social distancing dunng the COVD-I 9 panclemlc, lhe public will havo
lha oppo.tunity to providc public cornmonts remolely, as woll as ln po6on, during lhis proc€eding. hdividuals
who $rould lik io perticipeto l€molaly, should Egister any time eft6r the agencla is posted on th6 Counv
xrabalt! which b I da),! b.iorg tho mo€tlng lhlotrgh lhe link provial€d on lhe iloi page d thq County website at
wrffr.oolliEoulM.Co/. lndividuals rvho Eglstewlll llceive an emEil in aclvancg of th6 publlc hesing d€lailing
how lrr.y c!,l pantcbdt llnEtoly in lhls mo6ling. For additronal intormatlon aboul the me€ting, ploase call
'Ihoiilar Cbka at 252-2526 or €rl|ail to gcc-MrtuaiMetingsocllliorcou4/fl.gov
Any paraon uho daoldoa to app€al any decision o,l lh€ Colll€r County Bord o( County Commisslonels will
naad r Ecord ol lha plocredhrgs pa alning th€rslo afld thooforo, riay n6€d to orlsulE that a v€rbstim r€cord
ol tha prraadh0E b .nda, whidr ncord includ€a lhe lGtimony and ovldoncs upon which tha appeal is bas€d.
[ ]€u .t r paooal wlth a dbability who n€€ds eny accommodation in o.d€r to particlpele in this poceeding, you
elt aallllLd, at no cost to you, to lhe plDvisbn of certain aBabtanco. Plees. contacl lh6 Collior County Facilities
illlrCrrl.nt Divl6io.r, locrt d !t 3lxi5 Trml''nl Trril E Bt, Suite 101, Nepl6, FL 34112-5358, (239) 252-8:)80,
at laatt luo dayr Fioa to tha maatng, Arsirtod liltoning dovlcos lor the h€qrlng impailrd alE availablo in tho
Bord ol Corx[y Comml.donr! Ofllce.
BOAND OF COUNTY COMMISSONEFS
co[rEn couNw. FLoHtoA
BUFfi L. SAUNDEFS, CMlRtvlAN
Cft'STAL K. KINZEL, CLERK OF THE CIRCUIT COUFT & COMSTROLLER
Byi Ann Je taiohn
oasry o?k (sEAL)
PttHoi O.t.; J(,[ 24, ir(I20
I2A I WEDNESDAY, JUNE 24,2020 I IIA'LES DAILY I{EWS
9.A.g
Packet Pg. 235 Attachment: BCC Affidavit & Advertisement 11590 & 12022 (12022 : Ventana Pointe Residential Overlay)
- 1 -
EXECUTIVE SUMMARY
Recommendation not to approve by Resolution a single Petition from the 2018 Cycle Three of Growth
Management Plan Amendments for an Amendment Proposed to the Future Land Use Element to
Establish the Ventana Pointe Residential Overlay and not to approve for Transmittal to the Florida
Department of Economic Opportunity for Review and Comments Response. (Transmittal Hearing)
(PL20180002668/CP-2018-7)
OBJECTIVE: For the Board of County Commissioners (Board) not to approve (deny) a single petition
from the 2018 Cycle Three of amendments to the Collier County Growth Management Plan (GMP) and not
to approve for transmittal to the Florida Department of Economic Opportunity and other statutorily required
review agencies.
CONSIDERATIONS:
• Chapter 163, F.S., provides for an amendment process for a local government’s adopted
Comprehensive Plan.
• Collier County Resolution No. 12-234 provides for a public petition process to amend the GMP.
• The Collier County Planning Commission (CCPC), sitting as the “local planning agency” under
Chapter 163.3174, F.S., held their Transmittal hearing for the 2018 Cycle 3 petition on September 5,
2019 (one petition only, PL20180002668/CP-2018-7).
• This Transmittal hearing for the 2018 Cycle 3 petition considers an amendment to the Future Land Use
Element (FLUE).
The GMP amendment requested is specific to a ±37.62-acre property, located on the south side of
Immokalee Road, along the west side of Richards Street, and along the north side of Sundance Street,
approximately 1.9 miles east of Collier Boulevard (CR 951), in Section 25, Township 48 South, Range 26
East (Rural Estates Planning Community). The property is zoned A-RFMUO, Rural Agriculture District
and Rural Fringe Mixed Use Overlay Receiving Lands, and is undeveloped and wooded.
This petition seeks to amend the GMP, adopted by Ordinance No. 89-05, as amended, specifically amending
the FLUE by adding a new Overlay in the Rural Fringe Mixed Use District (RFMUD) Receiving Lands,
revising the Future Land Use Map to depict the new Overlay, and adding a new Future Land Use Map
Series inset map that depicts the new Overlay. The new residential overlay will: allow a maximum
residential density of 2.05 dwelling units per acre (DU/A) yielding 77 DUs (whereas the site is presently
limited to 1 DU/5 acres or 7 DUs); utilize Transfer of Development Rights Credits (TDRs) for this property
that would otherwise be ineligible due to being less than the minimum 40 acres required in the RFMUD;
provide for bonus TDRs for native vegetation retention beyond that required in the RFMUD (a modified
version of an existing provision in the RFMUD); and, provide for a bonus DU for each TDR redeemed, a
2 for 1 allowance (this is a unique provision that would apply to this site only and exists nowhere else in
the RFMUD).
Based on the review of this petition, including the supporting data and analysis, staff made the following
findings and conclusions:
• The subject site and all immediately surrounding lands are designated Rural Fringe Mixed Use
District Receiving Lands.
• The Urban designated area lies 0.9 mile to the west.
• Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural
Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum
density of 1 DU/5 Acres (0.2 DU/A) ‒ or up to 1 DU/A via use of TDRs if >40 acres in size;
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agricultural uses; essential services; institutional uses by conditional use (e.g. day care center, ALF,
church). In staff’s view, this site is an island and does not provide a transition; only lands 0.9 miles to
the west allow a density greater than 1 DU/A.
• The requested density of 2 DU/A is out of character with the RFMUD Receiving Lands in which the
site is located.
• This petition proposes to allow 77 dwelling units (2.05 DU/A) with the net effect being a tenfold
increase of 70 DUs (added to the allowed base density of 7 DUs). Density is achieved via use of TDRs
and a “buy one get one free” density allowance, a new GMP provision that would be unique to this site
only - it would not apply to any other RFMUD lands. The result is that 35 DUs would be “gifted” for
the purchase of 35 TDRs.
• The subject parcel was previously less than 40 acres in size prior to the Immokalee Road widening.
The owner was compensated for the land taken for that road.
• The subject site fronts Immokalee Road (CR 846), a 6-lane divided major arterial roadway; County
water and wastewater services are available to the site.
• There are no issues or concerns regarding LOS impacts upon public infrastructure.
• There are no issues or concerns regarding impacts upon natural (environmental) resources or
historical/archaeological resources.
• People attending the Neighborhood Information Meeting expressed opposition to the proposed intensity
and density that would be allowed by this Overlay and the companion PUD project (even though no
one spoke in opposition at the CCPC meeting).
FISCAL IMPACT: Petition fees account for staff review time and materials, and for the cost of associated
legal advertising/public notice for the public hearings. No fiscal impacts to the County result from approval
of this petition for transmittal.
GROWTH MANAGEMENT IMPACT: Board approval of the proposed amendment for transmittal to
the Florida Department of Economic Opportunity and other statutorily required review agencies will
commence the Department’s thirty (30) day review process and ultimately return the amendment to the
CCPC and the Board for Adoption hearings, tentatively to be held in Spring of 2020.
LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by, and
subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning
Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following
criteria in making its decision: “plan amendments shall be based on relevant and appropriate data and an
analysis by the local government that may include but not be limited to, surveys, studies, community goals
and vision, and other data available at the time of adoption of the plan amendment. To be based on data
means to react to it in an appropriate way and to the extent necessary indicated by the data available on that
particular subject at the time of adoption of the plan or plan amendment at issue.” Section 163.3177(1)(f),
F.S. In addition, Section 163.3177(6)(a)2, F.S., provides that FLUE plan amendments shall be based on
surveys, studies and data regarding the area, as applicable including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the elimination of non-
conforming uses which are inconsistent with the character of the community.
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f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with
s. 333.02.
h. The need to modify land uses and development patterns with antiquated subdivisions.
i. The discouragement of urban sprawl.
j. The need for job creation, capital investment and economic development that will strengthen and
diversify the community’s economy.
And FLUE map amendments shall also be based upon the following analysis per Section 163.3177(6)(a)8.:
a. An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use considering the character
of the undeveloped land, soils, topography, natural resources, and historic resources on site.
c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this
section.
This item is approved as to form and legality. It requires a majority vote for approval because this is a
Transmittal hearing. [HFAC]
STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That
the Collier County Planning Commission forward Petition PL20180002668/CP-2018-7 to the Board of
County Commissioners with a recommendation not to approve for transmittal to the Florida Department of
Economic Opportunity and other statutorily required agencies. However, if, and only if, the CCPC forwards
the petition with a recommendation to approve, staff recommends the density be reduced to 1 DU/A (37
DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the site
for Immokalee Road widening) – as reflected in the staff report.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
heard this petition at their September 5, 2019 meeting. The petitioner team suggested in their presentation:
this 37.62-acre property, which is surrounded on all sides by the same FLUE/FLUM designation as the
subject site, provides a “transition” that is comparable to the mile-wide Urban Residential Fringe Subdistrict
(along the east side of Collier Blvd. and south of I-75 and Beck Blvd.) covering thousands of acres and that
lies between two distinctly different FLUE/FLUM designations; or to the four square mile Urban-Rural
Fringe Transition Zone Overlay covering more than 2,500 acres (north and northwest of the subject site and
comprising Heritage Bay PUD), which internally comprises two distinctly different FLUE/FLUM
designations.
The petitioner team committed to the CCPC that this development would provide only sing le-family
detached residences.
There was one speaker at the CCPC meeting; that person did not express support or opposition but requested
the same new proposed regulations apply to his property.
The CCPC voted [6/0] to forward the subject petition to the Board with a recommendation to transmit to
the Florida Department of Economic Opportunity and other statutorily required review agencies.
STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: Same as to the
CCPC ‒ That the Board not approve petition PL20180002668/CP-2018-7 for transmittal to the Florida
Department of Economic Opportunity and other statutorily required review agencies. However, if, and
only if, the Board is inclined to approve this petition, staff recommends the density be reduced to 1 DU/A
(37 DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the
site for Immokalee Road widening) – as reflected in the CCPC staff report.
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[Staff reminder: This GMP amendment follows the Expedited State Review process. Chapter 163.3184
(3)(c)1, Florida Statutes, provides that the County Board (local governing body) shall hold its Adoption
(second public) hearing within 180 days after receipt of agency comments, unless extended by agreement
with notice to the DEO (state land planning agency) and any affected person that provided comments on
the amendment. This notification, review and comment process period is approximately 7.5 months (225
days) from the time the County Board holds its Transmittal (initial public) hearing.]
Prepared by: Corby Schmidt, AICP, Principal Planner, and David Weeks, AICP, Growth Management
Manager, Comprehensive Planning Section, Zoning Division, Growth Management Department
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Agenda Item 9.
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PL20180002668 / CP-2018-7
Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION
COMPREHENSIVE PLANNING SECTION
HEARING DATE: September 5, 2019
SUBJECT: PETITION PL20180002668/CP-2018-7
2018 CYCLE THREE GROWTH MANAGEMENT PLAN AMENDMENT
[TRANSMITTAL HEARING]
ELEMENT: FUTURE LAND USE
APPLICANT/AGENTS
Applicant: Ryan Zuckerman Owner: Carole Construction of Naples, Inc.
RJH II, LLC 1100 Cypress Woods Drive
7466 NW 51st Way Naples, FL 34103
Coconut Creek, FL 33073
Agents: Robert J. Mulhere, FAICP Richard D. Yovanovich, Esq.
Hole Montes, Inc. Coleman, Yovanovich & Koester, PA
950 Encore Way 4001 Tamiami Trail North, Suite 300
Naples, FL 34110 Naples, FL 34103
GEOGRAPHIC LOCATION
The subject property, consisting of ±37.62 acres, is located on the south side of Immokalee Road,
along the west side of Richards Street, and along the north side of Sundance Street, approximately
two miles east of Collier Boulevard (CR 951), in Section 25, Township 48 South, Range 26 East.
REQUESTED ACTION
This petition seeks to establish an Overlay designation in the Future Land Use Element (FLUE) by
amending:
1) Policy 1.9, to add the new Ventana Pointe Residential Overlay;
2) Overlays and Special Features, to add the new Overlay provisions;
3) Future Land Use Map Series list, to add the title of the new Residential Overlay inset map;
4) Countywide Future Land Use Map to depict the Overlay; and,
5) Future Land Use Map Series to add an inset map depicting the Overlay site.
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Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE
The Overlay text, Countywide Future Land Use Map, and FLU Map Series inset map proposed by
this amendment are found in Resolution Exhibit “A”.
PURPOSE AND DESCRIPTION OF PROJECT
The petition proposes the new Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use
District (RFMUD) Receiving Lands that: allows a maximum residential density of 2.05 dwelling units
per acre (DU/A) yielding 77 DUs; utilizes Transfer of Development Rights Credits (TDRs) for this
property that would otherwise be ineligible due to being less than the minimum 40 acres required in
the RFMUD; provides for bonus TDRs for native vegetation retention beyond that required in the
RFMUD; and, provides for a bonus DU for each TDR redeemed (2 for 1). [Note: This petition was
originally submitted to allow 95 DUs (2.53 DU/A) and access to Richards Road; shortly before
drafting of this Report, the density was reduced to 77 DUs, access was changed to Immokalee Road,
and a landscape buffer provision was added. As a result, some petition materials may still reference
or be based upon the original submittal provisions.]
FUTURE LAND USE DESIGNATIONS, ZONING AND LAND USES:
Existing Conditions:
Subject Property: The subject property, which comprises ±37.62 acres, is designated Rural Fringe
Mixed Use District (RFMUD) Receiving Lands, which generally provides for higher [land use]
densities in an area with fewer natural resource constraints (than Sending Lands) and where existing
and planned public facilities are concentrated. The property is zoned A-RFMUO, Rural Agriculture
and Rural Fringe Mixed Use Overlay Receiving Lands and is undeveloped and wooded.
FUTURE LAND USE MAP EXCERPT
(Note: subject site is not to scale – is much smaller than appears on map)
Surrounding Lands:
North: To the north, across Immokalee Road, lands are designated RFMUD Receiving Lands and
are within the Urban-Rural Fringe Transition Area Overlay. It is zoned Heritage Bay MPUD
(Mixed Use Planned Unit Development), and is developed with residential units, lakes (former
quarry) and conservation areas.
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Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE
East: To the east, across Richards Road, lands are designated RFMUD Receiving Lands and zoned
A-MHO-RFMUO Receiving Lands (MHO-mobile home overlay). There is a County stormwater
retention area then undeveloped lands.
South: To the south, across Sundance Street, lands are designated RFMUD Receiving Lands and
zoned A-RFMUO Receiving Lands. They are part of the La Morada residential golf course
development.
West: To the west, lands are designated RFMUD Receiving Lands and zoned A-RFMUO Receiving
Lands. Some parcels are undeveloped and wooded while others contain a single-family dwelling.
The Future Land Use Map designates land lying immediately west (and southwest) of the subject
property Rural Fringe Mixed Use District-Receiving Lands.
In summary, the existing and planned land uses, and zoning, in the area surrounding the subject
property are primarily low-density single-family residences and undeveloped acreage parcels.
STAFF ANALYSIS
Along this segment of Immokalee Road, a six-lane divided arterial, the RFMUD Receiving Lands
comprises a 3-mile corridor. It begins one mile east of Collier Blvd. and extends east to Golden
Gate Estates. Land uses along this corridor, running west to east, are generally identified below.
North Side of Immokalee Road
• 1st Mile: A portion of the 2,562-acre Heritage Bay PUD/DRI approved for 3,450 DUs (gross
density of 1.35 DU/A), 66 acres/230,000 s.f. of commercial development, 200 ALF units, golf
courses, 863+ acres of wetlands, and 677 acres of lakes (487 acres are former quarry). The
entire PUD/DRI comprises four Sections (+4 square miles); three Sections are designated
RFMUD Receiving Lands and one Section is Urban Residential Subdistrict and Mixed-Use
Activity Center Subdistrict. The entire PUD/DRI is also within the Urban-Rural Fringe
Transition Area Overlay, established in 2003 by a private sector GMP amendment, which
allows the density from the Urban Section to be distributed throughout the Overlay.
• 2nd Mile: Bonita Bay East Golf Course, which includes a significant amount of conservation
lands, zoned A-RFMUO Receiving Lands.
• 3rd Mile: Twin Eagles Golf & Country Club, a residential golf course development, a portion of
which utilizes TDR credits; the gross density is <1 DU/A. The development is zoned A-
RFMUO Receiving Lands.
South Side of Immokalee Road
• 1st Mile: Portion of La Morada residential and golf course development; utilizes TDR credits;
gross density is < 1 DU/A. Church on 9.35-acre parcel. Two undeveloped, wooded parcels,
+8 acres and 17.25 acres. Portion of La Morada. Fogg’s plant nursery on +17.5 acres. An
undeveloped, wooded parcel, +17.25 acres. Subject site. All of these properties are zoned A-
RFMUO Receiving Lands. Staff’s opinion is there is little opportunity to aggregate properties.
• 2nd Mile: County stormwater management pond on +7.7 acres. Four undeveloped, wooded
parcels, +18.3 acres, 8.6 acres, +0.5 acres, +0.9 acres. Two parcels containing one single
family dwelling and a horse training facility (7.25 acres total), and an undeveloped parcel
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Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE
(+18.4 acres), all three of which comprise a portion of a site for which a 2019 pre-application
meeting was held for a church conditional use. A church on +9.1 acres. Three undeveloped,
wooded parcels, 3.6 acres, +2.2 acres, +1.4 acres. A church on land zoned MPUD (+35
acres), approved for church, school, child care and ALF-assisted living facility. Two
undeveloped, wooded, 0.5-acre parcels. A 22-acre public school site, frontage portion
recently cleared. Three undeveloped parcels, each between +1.1 and +1.2 acres. Except for
the one MPUD, all of these lands are zoned A-RFMUO Receiving Lands. Staff sees two
potential opportunities to aggregate property, one of which is the site of the proposed church
CU.
• 3rd Mile: Brentwood Lakes (fka Twin Eagles South) platted residential subdivision, cleared
and infrastructure work underway; utilizes TDR credits. Two undeveloped parcels comprising
+24.4 acres that is the site of a pending GMP amendment and PUD rezoning proposing a
mixed-use project to allow 44,400 s.f of commercial, day care, and 129 DUs yielding a gross
density of 5.29 DU/A. (Not fronting Immokalee Road is a landscape maintenance business on
+15.7 acres.) Nine parcels varying in size from +0.75 to 13 acres – four are undeveloped and
wooded, three are in agricultural use, two contain a SFDU each. County stormwater
management pond on +5.1 acres. Two parcels in agricultural use, 1.1 and +1.4 acres. All of
these lands are zoned A-RFMUO Receiving Lands. Given the small size of most parcels and
the existence of SFDUs, staff’s opinion is there is minimal opportunity to aggregate property.
In summary, all adjacent properties on the south side of Immokalee Road are limited to 1 DU/5
acres (0.2 DU/A) and agricultural uses by right, and are currently undeveloped or contain a single
family dwelling; and all property on south side of Immokalee Road in this 3-mile corridor of RFMUD
Receiving Lands are developed or approved with residential density <1 DU/A or agricultural uses
or institutional uses allowed by the RFMUO Receiving Lands zoning overlay. It is acknowledged
the site fronts on a six-lane divided road, has central utilities available, and is across Immokalee
Road from the urban-style development of Heritage Bay. However, staff also notes that Heritage
Bay opposite this site is separated by both Immokalee Road and the Cocohatchee Canal, and then
within Heritage Bay is a landscape berm and buffer, a local road, then a single row of 1 story
dwellings. Further, Heritage Bay has an approved density of 1.35 DU/A. In staff’s opinion, though
the proposed density might not be incompatible with surrounding density based upon high level
view, it is out of character with the adjacent and extended area development pattern in the RFMUD
Receiving Lands corridor along Immokalee Road.
Appropriateness of the Site and the Change:
The Meyers Research Needs Analysis (June 2018), is part of the supporting data & analysis
submitted with GMPA application materials (Exhibit V.D.1.). The Meyers Research analyzes the
[specific] need for this number of residences at this location. The Analysis indicates that the
projected population growth provides sufficient demand for the density already allowed by the
RFMUD Receiving Lands.
Staff’s opinion is that this amendment will not increase the countywide population, rather reallocate
a small portion of the population growth such that there is an increase to this site of 113 persons
(124 persons vs. presently allowed 11 persons). [Calculations: 77 DUs per the Overlay x 2.38
persons per household (countywide ratio) x 0.675 (67.5% - the countywide occupancy rate) = 124
persons.] The amendment will introduce new residential density (77 DUs v. 7 DUs) by establishing
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Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE
a future land use designation in an area where it is not now allowed. Staff is of the opinion that the
proposed GMP amendment is out of character with the surrounding development pattern.
Per the petitioner materials, the subject parcel was previously 40+ acres in size; as such, it qualified
to utilize TDRs to increase density to a maximum of 1 DU/A. When the County acquired a portion of
the site to expand Immokalee Road ROW, resulting in the parcel size of 37.62 acres, the land owner
was compensated, presumably for the value of the changes to property rights and made whole. This
overlay would now return the rights to the property owner to use TDRs plus double the allowable
density through a “buy one get one” allowance.
The petitioner notes similarities between this site and proposed overlay with the Urban Residential
Fringe (URF) Subdistrict and contends that the overlay provides for a transition between Urban and
Rural Fringe areas/densities. The URF: is located along the east side of Collier Blvd., a 6-lane divided
road, from Beck Blvd. (near I-75) south to US 41 East; is served by central utilities; is one mile wide;
comprises +8.5 Sections (+5,400 acres); limits density to 1.5 DU/A or 2.5 DU/A with use of TDR
credits; is intended to serve as a transition between higher densities allowed on the west side of
Collier Blvd. (Urban Residential Subdistrict, 4 DU/A base and potentially higher if qualifying for a
density bonus(es) and the RFMUD to the east (mostly Sending Lands, 1 DU/40 acres); and, is within
the Urban FLUM designation. Staff notes this small property fronts a 6-lane divided road and is
served by central utilities, but it provides no transition as it is +0.9 mile east of the urban boundary -
it is an island surrounded by RFMUD Receiving Lands limited, residentially, to a rural density of 1
DU/5 acres (0.2 DU/A) - or up to 1 DU/A utilizing TDRs but only for projects of >40 contiguous acres
(the closest portion of the La Morada project, which uses TDRs, is +660 feet to the west and not
fronting Immokalee Road).
While staff might characterize the proposed density as urban sprawl, it must be acknowledged that
one could argue the presently allowed density is also urban sprawl.
RFMUD Restudy White Paper
The RFMUD White Paper presents a compilation of public comments gathered from the various
meetings and workshops held in the community to solicit public input as well as staff
recommendations. One of those recommendations is to consider allowing a density up to two
DU/A but only for affordable/workforce housing projects. BCC direction for RFMUD GMP
amendments includes for staff to take into account housing affordability, mobility, economic vitality
and environmental protection. This petition doesn’t address any of these considerations and
specifically doesn’t propose affordable/workforce housing; though there is a proposed density
increase for additional native vegetation retention, there is no incentive to do so since the
maximum allowable density can be achieved via the purchase of TDR credits and equivalent
number of free DUs.
Criteria for GMP Amendments in Florida Statutes
Data and analysis requirements for comprehensive plans and plan amendments are noted in
Chapter 163, F.S., specifically as listed below.
Section 163.3177(1)(f), Florida Statutes:
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Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE
(f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be
based upon relevant and appropriate data and an analysis by the local government that may
include, but not be limited to, surveys, studies, community goals and vision, and other data
available at the time of adoption of the comprehensive plan or plan amendment. To be based on
data means to react to it in an appropriate way and to the extent necessary indicated by the data
available on that particular subject at the time of adoption of the plan or plan amendment at issue.
1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be
deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such
studies, surveys, data, and supporting documents for proposed plans and plan amendments
shall be made available for public inspection, and copies of such plans shall be made
available to the public upon payment of reasonable charges for reproduction. Support data
or summaries are not subject to the compliance review process, but the comprehensive plan
must be clearly based on appropriate data. Support data or summaries may be used to aid
in the determination of compliance and consistency.
2. Data must be taken from professionally accepted sources. The application of a methodology
utilized in data collection or whether a particular methodology is professionally accepted may
be evaluated. However, the evaluation may not include whether one accepted methodology
is better than another. Original data collection by local governments is not required. However,
local governments may use original data so long as methodologies are professionally
accepted.
3. The comprehensive plan shall be based upon permanent and seasonal population estimates
and projections, which shall either be those published by the Office of Economic and
Demographic Research or generated by the local government based upon a professionall y
acceptable methodology. The plan must be based on at least the minimum amount of land
required to accommodate the medium projections as published by the Office of Economic
and Demographic Research for at least a 10-year planning period unless otherwise limited
under s. 380.05, including related rules of the Administration Commission. Absent physical
limitations on population growth, population projections for each municipality, and the
unincorporated area within a county must, at a minimum, be reflective of each area’s
proportional share of the total county population and the total county population growth.
Section 163.3177(6)(a)2. Florida Statutes:
2. The future land use plan and plan amendments shall be based upon surveys, studies, and data
regarding the area, as applicable, including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the elimination of
nonconforming uses which are inconsistent with the character of the community.
f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
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g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and
consistent with s. 333.02.
h. The discouragement of urban sprawl.
i. The need for job creation, capital investment, and economic development that will strengthen
and diversify the community’s economy.
j. The need to modify land uses and development patterns within antiquated subdivisions.
Section 163.3177(6)(a)8., Florida Statutes:
(a) A future land use plan element designating proposed future general distribution, location, and
extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation,
conservation, education, public facilities, and other categories of the public and private uses of
land. The approximate acreage and the general range of density or intensity of use shall be
provided for the gross land area included in each existing land use category. The element shall
establish the long-term end toward which land use programs and activities are ultimately
directed.
8. Future land use map amendments shall be based upon the following analyses:
a. An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use considering the
character of the undeveloped land, soils, topography, natural resources, and historic
resources on site.
c. An analysis of the minimum amount of land needed to achieve the goals and
requirements of this section.
It is incumbent upon the petitioner to provide appropriate and relevant data and analysis to address
the statutory requirements for a Plan amendment, then present and defend, as necessary, that data
and analysis.
Traffic Capacity/Traffic Circulation Impact Analysis, Including Transportation Element Consistency
Determination:
A Traffic Impact Statement, dated January 25, 2019, prepared by Trebilcock Consulting Solutions,
Inc., was submitted with this petition (Exhibit “V.E.3”). It notes that all traffic accessing the property
comes from Immokalee Road (35% to/from the east; 65% to/from the west).
Collier County Transportation Planning staff reviewed this petition and had no objection to its
approval, finding it consistent with Transportation Element Policy 5.1.
Environmental Impacts:
A Protected Species Survey, dated October 2, 2018, prepared by Earth Tech Environmental, LLC
(ETE), was submitted with this petition (Exhibit V.C.1). Environmental specialists with County
Development Review Division, Environmental Planning Section, reviewed these documents and
provided the following comments:
9.A.e
Packet Pg. 220 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay)
Agenda Item 9.
‒ 8 ‒
PL20180002668 / CP-2018-7
Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE
The subject property is visited by bear, panther, bobcat and other animal species. The levels of
protections granted to these animals, along with their habitat found on property, affects the potential
for development.
The native vegetation on site will be retained in accordance with the requirements of Policy 6.1.1 of
the Conservation and Coastal Management Element of the GMP and Section 3.05.07 of the LDC.
Public Facilities Impacts:
A Public Facilities Report, dated January 29, 2019 (Exhibit V.E.1), was submitted with this petition
and concluded there is adequate capacity of public infrastructure to serve the proposed project –
potable water, wastewater collection and treatment, solid waste collection and disposal, stormwater
management, parks and recreational facilities, public schools, and emergency medical (EMS) and
fire rescue services. Appropriate staff reviewed this petition and identified no issues or concerns
regarding impacts upon public infrastructure.
NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS
The application team held a Neighborhood Information Meeting (NIM) in the Sanctuary of the Peace
Lutheran Church, located at 9850 Immokalee Road, Naples on June 12, 2019, at 5:30 p.m. as
required by Section 10.03.05 F. of the LDC. This NIM was advertised, noticed and held jointly for
this GMP amendment petition and companion PUD rezone petition [which is not under formal
consideration with this GMPA transmittal hearing].
Approximately fifteen people other than the applicant team and County staff attended ‒ and heard
the following information:
Robert Mulhere (agent representing the applicant) of Hole Montes, presented an overview of the
proposed development, and how it first required amendments to the County’s Growth Management
Plan. He explained that this Plan amendment was a full-scale amendment that will be heard by the
Planning Commission and the County Board for both transmittal and adoption hearings over a
number of months.
Mr. Mulhere pointed out the property location fronted on three sides by Immokalee Road (N),
Richards Street (E) and Sunset Road (S). This project is designed to access directly onto Richards
Street with its main entry and an additional emergency-only access.
He identified a number of residential developments nearby, including La Morada and Bent Creek.
This project is designed to develop predominantly the southerly half of the property residentially,
while protecting those less-developable [natural] areas characterizing the northerly half.
Mr. Mulhere invited, heard and responded to questions and comments.
Several members of the public spoke, asking questions, seeking more information, expressing
concerns, and expressing opposition for the proposed project. Many of them identified themselves
as being residents of the nearby rural agricultural area, who use and upkeep the private roads
Richards Street, Sunset Road and Krape Road. Their comments and concerns included:
• How the property is already entitled to a relatively high residential density using TDRs; and,
what reasons are given to grant additional, higher density this property?
• Traffic congestion; including adopting these local private roads into use by new residential
traffic [without proposing compensating improvements, directional signage, etc.], directly
9.A.e
Packet Pg. 221 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay)
Agenda Item 9.
‒ 9 ‒
PL20180002668 / CP-2018-7
Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE
accessing Richards Street at its main entry where vehicles waiting on Richards already do
not have the stacking depth to allow additional vehicles, introducing new or additional turning
maneuver conflicts crossing through the Immokalee Road medians at Richards Street and
Krape Road.
• How past or current property owners have allowed [3rd party] ditching or berming along
portions of the site resulting with improperly displaced surface water offsite [especially across
Richards Street then on to neighboring properties]; and, if property development will
discharge its surface waters into these areas to compound the problem, or if the design will
attempt to correct these problems and restore a more-natural flow?
• How the property, like their own, (was, and) is suitable for low-density development intended
by the Rural Fringe [Mixed Use District].
• The County should keep the Rural Fringe Mixed Use District (RFMUD) intact [without the
changes proposed by this GMP amendment.]
• Project characteristics, The incompatibility of this high-density project with the established
surrounding low-density residential area (too narrow, too small), as now planned is out of
character with the area.
• Impacts on the neighborhood taxes? The agent explained how effects are minimized, as
Impact Fees paid by the developer absorb the costs of new or additional services required
by the development.
• Emergency services and the conflicts of introducing new and additional traffic onto these
private roadways, are where problems already apparent; agent answered that Fire District
representatives review these proposals for the impacts on their ability to provide services and
are addressing these concerns.
The strong consensus was expressed in opposition to developing the subject property as proposed.
The Information Meeting was ended at approximately 6:30 p.m.
This synopsis provides the annotated NIM proceedings. An audio recording of the entire
Neighborhood Information Meeting is available on the County’s “I” drive, at I:/GMD/Comprehensive
Planning/NIM Recordings & PREAPP Notes.
[Synopsis prepared by C. Schmidt, AICP, Principal Planner]
FINDINGS AND CONCLUSIONS
• The subject site and surrounding lands are designated Rural Fringe Mixed Use District Receiving
Lands; the Urban designated area is 0.9 miles to the west.
• This petition proposes to allow 77 dwelling units (2 DU/A) with the net effect being an increase
of 70 DUs. Density is achieved via use of TDRs and a “buy one get one free” density allowance.
• Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural
Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum
density of 1 DU/5 Acres (0.2 DU/A) - or up to 1 DU/A via use of TDRs if >40 acres in size;
9.A.e
Packet Pg. 222 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay)
Agenda Item 9.
‒ 10 ‒
PL20180002668 / CP-2018-7
Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE
agricultural uses; essential services; institutional uses by conditional use (e.g. day care center,
ALF, church).
• The requested density of 2 DU/A is out of character with the RFMUD Receiving Lands in which
the site is located.
• The RFMUD White Paper includes a staff recommendation for a density increase to 2 DU/A but
only for affordable/workforce housing, and BCC direction is to include consideration for housing
affordability, mobility, economic vitality, and environmental protection. The subject site is 37.62
acres and the proposed overlay does not address these considerations.
• The subject parcel was previously >40 acres prior to Immokalee Road widening. The owner was
compensated for the land taken for that road.
• The subject site fronts Immokalee Road (CR 846), a 6-lane divided arterial road, and County
water and wastewater service is available to the site.
• There are no issues or concerns regarding LOS impacts upon public infrastructure, or upon
natural (environmental) resources or historical/archaeological resources.
• People attending the Neighborhood Information Meeting expressed opposition to the proposed
intensity and density of this Overlay and the companion PUD project.
LEGAL CONSIDERATIONS:
This Staff Report was reviewed by the County Attorney’s Office on August 16, 2019. The criteria for
GMP amendments to the Future Land Use Element and map series are in Sections 163.3177(1)(f)
and 163.3177(6)(a)2. and 163.3177(6)(a)8., Florida Statutes. [HFAC]
STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION:
Based on the analyses provided within this report, staff recommends that the Collier County Planning
Commission forward Petition PL20180002668/CP-2018-7 to the Board of County Commissioners
with a recommendation not to approve for transmittal to the Florida Department of Economic
Opportunity and other statutorily required agencies. However, if, and only if, the CCPC forwards the
petition with a recommendation to approve, staff recommends the density be reduced to 1 DU/A (37
DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of
the site for Immokalee Road widening) – as reflected below.
(Note: single underline text is added, as proposed by petitioner; double underline text is added, and
double strike through text is deleted, as proposed by staff; all subsequent portions of the petitioner’s
proposed Overlay text would be deleted.)
C. Ventana Pointe Residential Overlay
1. The Ventana Pointe Residential Overlay is located on the south side of Immokalee
Road, approximately two (2) miles east of Collier Boulevard (approximately one (1)
mile east of the Urban Boundary), and consists of 37.62± acres. The Overlay is within
the Rural Fringe Mixed Use District (RFMUD) and is designated as Receiving Lands .
9.A.e
Packet Pg. 223 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay)
Agenda Item 9.
‒ 11 ‒
PL20180002668 / CP-2018-7
Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE
2. Development within the Overlay shall adhere to applicable RFMUD Receiving Lands
standards and regulations, except where otherwise stated in this Overlay and subject
to the following:
a. Primary access shall be via Immokalee Road.
b. The maximum density shall be 77 37 dwelling units.
c. Density shall be achieved as follows: as provided for in the Rural Fringe Mixed
Use District Receiving Lands for parcels forty (40) acres or larger in size.
Staff provides the following reminder: This GMP amendment follows the Expedited State Review
process. Chapter 163.3184 (3)(c)1, Florida Statutes, provides that the County Board (local
governing body) shall hold its Adoption (second public) hearing within 180 days after receipt of
agency comments, unless extended by agreement with notice to the DEO (state land planning
agency) and any affected person that provided comments on the amendment. This notification,
review and comment process period is approximately 7.5 months (225 days) from the time the
County Board holds its Transmittal (initial public) hearing.
[Remainder of page intentionally left blank]
9.A.e
Packet Pg. 224 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay)
Agenda Item 9.
‒ 12 ‒
PL20180002668 / CP-2018-7
Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE
9.A.e
Packet Pg. 225 Attachment: Trans_Staff Report_CP-18-7dw-hac_FNL (12022 : Ventana Pointe Residential Overlay)
RESOLUTION NO. 19- 206
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AMENDMENT TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT AND
MAP SERIES TO ADD THE VENTANA POINTE
RESIDENTIAL OVERLAY, TO ALLOW A MAXIMUM
DENSITY OF 77 DWELLING UNITS THROUGH A BASE
DENSITY OF .2 DWELLING UNITS PER ACRE PLUS
DENSITY BONUSES FOR NATIVE VEGETATION AND
TRANSFER OF DEVELOPMENT RIGHTS FOR A TOTAL
MAXIMUM DENSITY OF APPROXIMATELY 2 DWELLING
UNITS PER ACRE, FOR PROPERTY WITHIN THE RURAL
FRINGE MIXED USE DISTRICT-RECEIVING LANDS, AND
FURTHERMORE RECOMMENDING TRANSMITTAL OF
THE AMENDMENT TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS
LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD,
APPROXIMATELY TWO MILES EAST OF COLLIER
BOULEVARD, IN SECTION 25, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 37.62±ACRES. [PL20180002668]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act,
was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, RJH II, LLC, requested an amendment to the Future Land Use Element and
Future Land Use Map and Map Series to add the Ventana Pointe Residential Overlay to the
Rural Fringe Mixed Use District-Receiving Lands; and
WHEREAS, on September 5, 2019, the Collier County Planning Commission considered
the proposed amendment to the Growth Management Plan pursuant to the authority granted to it
by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of
County Commissioners; and
18-CMP-01041/1502674/11119
10/9/19 Page 1 of 2
Words underlined are additions,words struck through are deletions.
9.A.f
Packet Pg. 226 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay)
WHEREAS, on October 22, 2019 the Board of County Commissioners at a public
hearing approved the transmittal of the proposed amendment to the state land planning agency in
accordance with Section 163.3184, F.S.; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
Amendment, various State agencies and the Department of Economic Opportunity (DEO) have
thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier
County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and
WHEREAS, Collier County, upon receipt of the written comments from DEO must
adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment
within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and
WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted
Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan
Amendment pursuant to Section 163.3184(3), F.S.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners hereby approves the proposed Growth Management
Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the
purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies
thereby initiating the required State evaluation of the Growth Management Plan Amendment
prior to final adoption.
THIS RESOLUTION ADOPTED after motion, second and majority vote this I-
day of Qe,4-2) ;- , 2019.
1k`[ E e• BOARD OF 11. COMMISSIONERS
CRYST L' ZEL, CLE CO LIE 'O: TY, FL 6 'ID
AhiA
BY:
tte5 0 ' ,j I VI lerk illiam L. McDaniel, Jr., airmani
sigria r .only.
Approved as to form and legality:
1( A
eidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Proposed Text Amendment& Map Amendment
18-CMP-01041/1502674/1]119
10/9/19 Page 2 of 2
Words underlined are additions,words struck through are deletions.
9.A.f
Packet Pg. 227 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay)
EXHIBIT A
VENTANA POINTE RESIDENTIAL OVERLAY
FUTURE LAND USE ELEMENT
Proposed amendment to the Collier County Future Land Use Element(FLUE)and Future Land Use
Map (FLUM) to establish the 37.62± Acre Ventana Pointe Residential Overlay within the RFMU
District located on the south side of Immokalee Road, approximately 1.9 miles east of Collier
Boulevard.
Amend II. IMPLEMENTATION STRATEGY,Policy 1.9,Page 10 as follows:
Policy 1.9:
Overlays and Special Features shall include:
A. Area of Critical State Concern Overlay
B. North Belle Meade Overlay
C. Ventana Pointe Residential Overlay
ED. Natural Resource Protection Area Overlays
13-E. Rural Lands Stewardship Area Overlay
F. Airport Noise Area Overlay (IV)
1%G. Bayshore/Gateway Triangle Redevelopment Overlay
6-H. Urban-Rural Fringe Transition Zone Overlay
1I. Coastal High Hazard Area Boundary
Incorporated Areas
Amend V.OVERLAYS AND SPECIAL FEATURES Starting on Pa
V. OVERLAYS AND SPECIAL FEATURES
A. Area of Critical State Concern
Text Break**********************************
B. North Belle Meade Overlay
Text Break**********************************
C. Ventana Pointe Residential Overlay
1. Ventana Pointe Residential Overlay
a The Ventana Pointe Residential Overlay is located on the south side of Immokalee Road,
approximately two(2)miles east of Collier Boulevard(approximately one(1)mile east of the
Urban Boundary)and consists of 37.62±acres. The Overlay is within the Rural Fringe Mixed
Use District(RFMUD)and is designated as Receiving Lands
h Development within the Overlay shall adhere to applicable RFMUD Receiving Lands
standards and regulations, except where otherwise stated in this Overlay and subject to the
following:
1) Primary access shall be via Immokalee Road.
Dwelling units shall be limited to single family detached.
C. The maximum density shall be 77 dwelling units.
Underlined text indicates text to be added for Ventana Pointe Residential Overlay:Struck through text to be deleted.
Page 1 of 5
9.A.f
Packet Pg. 228 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay)
D. Density shall be achieved as follows:
LU Base Density: 0.20 dwelling units per acre*;and
2) Additional density may be achieved as follows:
a. A density bonus of 0.1 units per gross acre in the Overlay shall be allowed for
preservation of on-site native vegetation exceeding, by at least 10%, the minimum
LDC required native vegetation retention amount.The density bonuses provided for in
LDC Section 2.03.08.A.2.a.(2)(b)ii. shall not be applicable in this Overlay; or
b. Through the redemption of Transferable Development Rights (TDRs) as set forth in
LDC Section 2.03.07.D.4.;and,
c. For each full TDR credit redeemed pursuant to Paragraph b. above, one additional
dwelling unit shall be granted if:
i. The purchaser of the TDR credits enters into a contract to purchase TDR credits
from Sending Lands that have not severed TDRs as of the date of the contract and
the owner subsequently severs the TDR credits prior to closing on the sale of the
TDR credits; or
ii. Such TDRs are granted in accordance with LDC Section 2.03.07.D.4.c.ii.a) —
Environmental Restoration and Maintenance Bonus credits or from LDC Section
2.03.07.D.4.c.ii.b)—Conveyance Bonus credits.
Within this Overlay, for the purpose of calculating the final total number of dwelling units,
a fractional unit shall be converted upward if one-half or more of a whole unit, or
downward if less than one-half of a whole unit,to the nearest whole unit value.
E. Perimeter Landscape buffers shall be a minimum of twenty-five feet(25') in width and shall,
at a minimum, meet the requirements for a Type "B" buffer set forth in LDC Section
4.06.02.C.2.
Text Break**********************************
D.E. Natural Resource Protection Area Overlay
Text Break**********************************
E.I3 Rural Lands Stewardship Area Overlay
Text Break*********************************
F.& Airport Noise Area Overlay
Text Break*********************************
G. Bayshore/Gateway Triangle Redevelopment Overlay
Text Break*********************************
H. Urban-Rural Fringe Transition Zone Overlay
Text Break*********************************
I. 1€L Coastal High Hazard Area
Text Break*********************************
J. L Incorporated Areas
Text Break*********************************
Underlined text indicates text to be added for Ventana Pointe Residential Overlay;Streek—flifaugli-text to be deleted.
Page 2 of 5
9.A.f
Packet Pg. 229 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay)
FUTURE LAND USE MAP SERIES
Future Land Use Map
Activity Center Index Map
Mixed Use&Interchange Activity Center Maps
Properties Consistent by Policy(5.11, 5.12, 5.13, 5.14)Maps
Collier County Wetlands Map
Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs Map
Future Land Use Map Rivers and Floodplains Future Land Use Map Estuarine Bays
Future Land Use Map Soils
Existing Commercial Mineral Extraction Sites Map
Bayshore/Gateway Triangle Redevelopment Overlay Map
Stewardship Overlay Map
Rural Lands Study Area Natural Resource Index Maps
North Belle Meade Overlay Map
North Belle Meade Overlay Map Section 24
Existing Schools and Ancillary Facilities Map
Future Schools and Ancillary Facilities Map(XIII)Plantation Island Urban Area Map
Copeland Urban Area Map
Railhead Scrub Preserve—Conservation Designation Map
Lely Mitigation Park—Conservation Designation Map
Margood Park Conservation Designation Map
Urban Rural Fringe Transition Zone Overlay Map
Orange Blossom Mixed Use Subdistrict Map
Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map
Goodlette/Pine Ridge Mixed Use Subdistrict Map
Henderson Creek Mixed-Use Subdistrict Map
Buckley Mixed-Use Subdistrict Map
Livingston/Pine Ridge Commercial Infill Subdistrict Map
Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map
Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map
Livingston Road Commercial Infill Subdistrict Map
Orange Blossom/Airport Crossroads Commercial Subdistrict
Livingston Road/Veteran's Memorial Boulevard Commercial Infill Subdistrict Map
Corkscrew Island Neighborhood Commercial Subdistrict Map
Collier Boulevard Community Facility Subdistrict Map
Coastal High Hazard Area Map
Coastal High Hazard Area Comparison Map
Gordon River Greenway Conservation Area Designation Map
Hibiscus Residential Infill Subdistrict Map
Vincentian Mixed Use Subdistrict Map
Davis—Radio Commercial Subdistrict Map
Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map
Mini Triangle Mixed Use Subdistrict Map
East Tamiami Trail Commercial Infill Subdistrict Map
Seed to Table Commercial Subdistrict Map
Ventana Pointe Residential Overlay Map
Underlined text indicates text to be added for Ventana Pointe Residential Overlay;text to be deleted.
Page 3 of 5
9.A.f
Packet Pg. 230 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay)
EXHIBIT A PL20180002668/CP-20 1 8-7
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COLLIER COUNTY, FLORIDA
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9.A.f
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Packet Pg. 232 Attachment: Trans_Resolution 2019-206 (12022 : Ventana Pointe Residential Overlay)
9.A.g
Packet Pg. 233 Attachment: BCC Affidavit & Advertisement 11590 & 12022 (12022 : Ventana Pointe Residential Overlay)
9.A.g
Packet Pg. 234 Attachment: BCC Affidavit & Advertisement 11590 & 12022 (12022 : Ventana Pointe Residential Overlay)
N(,TI(,E OF PUI'LIG TTEA}IINU
NOTICE OF INTENTTO CONSIDER ORDINANCE(S)
Noticr i! h..cby glv6n that the Coli.r Connv Bo.rd ol Coonty Commi3llon.l! will hold a publlc hearing
on &t l/|lh, lm, cotfirt.fthg .t 9.@ a.6., in ihe Bo€rd of County CommissionoB Chamb€r, Third Floor,
C,ollla CotJnty Oov.mm.. C€ota., 3290 Tamiami Treil East, Naples, FL.
Th. prrp@ ol th. haing b lo co.Bdor .
AN OTT'INANCD OT T{E IOARD OF COI]NTY COMMTSSIONERS AMENDINC ORDINANCE E!I.05, AS
AMf,NDDD, TEE COLLIEN COUNTY GROWTE MANAGEMf,M PLIN, SPECIFICAJ,LY AMf,NDINC
If,I TUTUNX I.AND USE ELEMENT AND MA} AIRIES To ADD T1IE VET{IANA POINIE RESIDENTIAL
OVE,TY,TOA.OWAMAXIMI,MDENSITYOT.,7DWELLINGI,NITSTIIROUGEABASf,DENSITYOF
.2 DWf,I,I.ING I,INITS PER ACX.E PLUS DENSITY EONUSES FOR NATTVE VEGETATION TID TR.INSIER
OT Df,VDI'IMf,NT RIGXTS NON A ToIAL MAXIMI'M Df,NSITY OF APPRo)(IM,1IIELY 2 I'Wf,LLII{G
UNITS IDN TCNf,, FOR
'NOPERTY
PITEIN TEE RIJRAL FnINGE MIXDD USE DISTRTCT-Rf,Cf,N'ING
I.ANDS! AND rI]XTEERMORE DIXECTING TRA},'SiflTTAL OF THE AMDNDMENT TO TuE FLORIDA
DE'ATTMDNTOTECONOidIC OPPOXN'{TY. THf, SIIEJDCT PROPERTY TS LOCAIED ON TEE SOUTE
SIDE Or IIUMOTALf,E nOlD, A.PIRO)aIUAIELY TWO MILf,S f,AST OE COLLIER BOULEVAXD, IN
Sf,CTX)N 25, I()S'NSEP 1' IX)UTB. NANGE 25 EAST, COLIJER COUNTY, TLORIDA" CONSISTING OF
37Jtr ACIf, & Ifl
'01S00266t1 &.
AN O
'NANCD
OT TED BOAND OF COi]NTY COMIIIISSIONf,X.S OT COLIIER COI'NTY, II-oXIDA
AMf,NIIING OnDINANCa NUMBDn 2004{1, AS AMENIIED, TIID COLLIER COUNTY IrU\D
I'IVDII)|MINT CODf,, Wf,lCS ESTABIISED TEE COMPXEHENSII'E ZONING RECI.rL,{I!ONS TOR
TtrI I'NINCOTFOR,/TTED ANDA OT COIJJER COUNTY, FLORIDA BY AMENDING TXf, APPNOPRI,ATf,
Z)NING Aru$ M P OR MA}S BY CtrANGING Tf,E Z'NINC CL SSIFICATION OT TEE EEREIN
DESCITED nlAI PNOPERTY TROM A RI'RAL AGHCULTURI (A) ZONING DISTruCT }TIIIIN T{E
NI, TL TTGE ITOGD USE DISTnICI dERJ,IY.RECEIVING LAIIDS To A RESII,ENTIAL PI,,AJ{I{ED
I,'T{IT I'EVEI.OIMENT GPUD) ZONTNG DII|TRICT TOR TIIE PNOJDCT TO BE KNOT'N AS VENrANA
FOINTE RIUD, TO AIII}W OONSTRUCTION OF L? TO 77 DE-IACEED SINCLE TAMILY DWELLING
IJNITS ON PTOIARTY I,OCATED ON TEE SOUTU SIDE OT IMMOK LEE ROAD, I}PROXII}'AIELY
TWO MrLX! EAST OP COLIlf,n EOITLEV .RD,IN SECTTON 25, mWNSHrP a6 SOlIru, nANGf, 25 f,AnT,
CONSISTING Or 37.62+ ICLESi AND BY PROyIDING AN EFFf,CTwf, DATE. 1PL20r800026591
lmmoka lee RD
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All lnl.[tt d p.nb .r! invltod lo.pp.ar and bo h6ard. Copiao of th6 poposrd ORDI A;TCE{SI will b€ made
a\rtgtbL lor inlpac{on at tha GMD Zoning Oivbion, CoftprEh€ngivo Planning S€clion, 2800 N. Horsosho€
Dr., rpL., FL.; bdwo.n th. hou6 ol SiOO lU. and S:OO Plir., Monday th;ugh Fruay. Furlhernoie, lh6
firatdLla wlll ba mada avaihbL lor insp€c1ion et th6 Colliar Counly Clorkb Otfice, Fourlh Floor, Sult6 401.
CollLr County Govammani Carltor, Easl Napha,. one w6€k pior td lho schodulod h6aring. Any quostions
partahhC to lha documant! should ba dir€cted lo tha GMD Zoning Dfulsion, Comprchanslvo Planning S6ction.
lirdtnn cohm.nt! flbd wlth tho Cl6rk to ths Boardb Otlico prior to July l alh, 2@ will be Igad ahd considered
rt th. Frulc h..ring,
Ar parl ol ]l ongoing initiatlvc to p.omote social distancing dunng the COVD-I 9 panclemlc, lhe public will havo
lha oppo.tunity to providc public cornmonts remolely, as woll as ln po6on, during lhis proc€eding. hdividuals
who $rould lik io perticipeto l€molaly, should Egister any time eft6r the agencla is posted on th6 Counv
xrabalt! which b I da),! b.iorg tho mo€tlng lhlotrgh lhe link provial€d on lhe iloi page d thq County website at
wrffr.oolliEoulM.Co/. lndividuals rvho Eglstewlll llceive an emEil in aclvancg of th6 publlc hesing d€lailing
how lrr.y c!,l pantcbdt llnEtoly in lhls mo6ling. For additronal intormatlon aboul the me€ting, ploase call
'Ihoiilar Cbka at 252-2526 or €rl|ail to gcc-MrtuaiMetingsocllliorcou4/fl.gov
Any paraon uho daoldoa to app€al any decision o,l lh€ Colll€r County Bord o( County Commisslonels will
naad r Ecord ol lha plocredhrgs pa alning th€rslo afld thooforo, riay n6€d to orlsulE that a v€rbstim r€cord
ol tha prraadh0E b .nda, whidr ncord includ€a lhe lGtimony and ovldoncs upon which tha appeal is bas€d.
[ ]€u .t r paooal wlth a dbability who n€€ds eny accommodation in o.d€r to particlpele in this poceeding, you
elt aallllLd, at no cost to you, to lhe plDvisbn of certain aBabtanco. Plees. contacl lh6 Collior County Facilities
illlrCrrl.nt Divl6io.r, locrt d !t 3lxi5 Trml''nl Trril E Bt, Suite 101, Nepl6, FL 34112-5358, (239) 252-8:)80,
at laatt luo dayr Fioa to tha maatng, Arsirtod liltoning dovlcos lor the h€qrlng impailrd alE availablo in tho
Bord ol Corx[y Comml.donr! Ofllce.
BOAND OF COUNTY COMMISSONEFS
co[rEn couNw. FLoHtoA
BUFfi L. SAUNDEFS, CMlRtvlAN
Cft'STAL K. KINZEL, CLERK OF THE CIRCUIT COUFT & COMSTROLLER
Byi Ann Je taiohn
oasry o?k (sEAL)
PttHoi O.t.; J(,[ 24, ir(I20
I2A I WEDNESDAY, JUNE 24,2020 I IIA'LES DAILY I{EWS
9.A.g
Packet Pg. 235 Attachment: BCC Affidavit & Advertisement 11590 & 12022 (12022 : Ventana Pointe Residential Overlay)