Ordinance 2020-021ORDINANCE NO.20- 21
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
37.62f ACRES. [PL20180002668]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seg., 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
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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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of 2020.
ATTEST -
CRYSTAL K. KINZEL, CLERK
Adest as to ChairmalhPuty
signature only. I
Approved as to form and legality:
H idi Ashton-C1cko
Managing Assistant County Attorney
Attachment: Exhibit A — Text and Map
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: "..A.
AUL. aunders, Chairman
This ordinonce filed with the
Secrefory of to e's Office I -he
-21�ay of 4kA
and acknowledg ent f that
filing received this doy
of
By
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PL201800026681CP-20J 8-7
EXHIBIT A
FUTURE LAND USE ELEMENT
II. IMPLEMENTATION STRATEGY [Page 9]
GOALS, OBJECTIVES AND POLICIES
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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
G D. Natural Resource Protection Area Overlays
E. Rural Lands Stewardship Area Overlay
F. Airport Noise Area Overlay
G. Bayshore/Gateway Triangle Redevelopment Overlay
67 H. Urban -Rural Fringe Transition Zone Overlay
#: I. Coastal High Hazard Area Boundary
4: J. Incorporated Areas
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V. OVERLAYS AND SPECIAL FEATURES [Page 97]
A. Area of Critical State Concern
"* "* "* "" text break
B. North Belle Meade Overlay
„» ,<<, 11.1 ,<<, text break
C. Ventana Pointe Residential Overlay
1. Ventana Pointe Residential Overlay
a The Ventana Pointe Residential Overlav 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.
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Exhibit
PL201800026681CP-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 brlh 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
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.
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FUTURE LAND USE MAP SERIES
Future Land Use Map
Activity Center Index Map
Mixed Use & Interchange 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-th rough are deleted.
[Page 147]
GACDES Planning Services Comprehensive/Comp Planning GMP Data/Comp Plan Amendments12018 Cycles 8Small Scale12018 Cycle 0ctobe6CP-18 7 RFMUD VP Residential Overlay
Exhibit A at & maps 18-7 Resolution Exhibit A text post -BCC FNL.docx
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EXHIBITA
VENTANA POINTE RESIDENTIAL OVERLAY
COLLIER C Ol . TV. FLORIDA
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS
Governor
July 21, 2020
Ms. Ann P. Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Attn: Martha Vergara, BMR & VAB Senior Deputy Clerk
Dear Ms. Jennejohn:
LAUREL M.LEE
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 20-21, which was filed in this office on July 21, 2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270