Agenda 03/01/2021 Item #2B03/01/2021
EXECUTIVE SUMMARY
Recommendation to approve by Ordinance the Vanderbilt Beach Road Mixed-Use Subdistrict -
Amending Ordinance no. 89-05, as amended, the Collier County Growth Management Plan for the
unincorporated area of Collier County, Florida, specifically amending the future land use element
and future land use map and map series by amending the urban mixed-use district, residential
subdistrict to add the Vanderbilt Beach Road Mixed-Use Subdistrict to allow construction of up to
172 multi-family dwelling units and/or hotel rooms/suites, but no less than 40 residential units, and
10,000 square feet of C-3, commercial intermediate commercial uses, and a marina and a ship store.
The subject property is located at the northeast corner of the intersection of Gulf Shore Drive and
Vanderbilt Beach Road in section 32, township 48 south, range 25 east, consisting of 5.42 acres; and
furthermore, recommending transmittal of the adopted amendment to the Florida Department of
Economic Opportunity; providing for severability and providing for an effective date. (Adoption
Hearing) (PL20190000696/CPSS-2019-10) ( This is a Companion to item 2C, PL20190000697)
OBJECTIVE: For the Board of County Commissioners (Board) to approve (adopt) the proposed small -
scale Growth Management Plan (GMP) amendment for transmittal to the Florida Department of
Economic Opportunity.
CONSIDERATIONS: The subject petition is submitted as a small-scale comprehensive plan
amendment. As such, per Florida Statutes, the request is heard only once by the Collier County Planning
Commission (CCPC) and the Board. If approved by the Board, the petition is transmitted to the Florida
Department of Economic Opportunity (DEO).
This petition seeks to amend the Future Land Use Map (FLUM) to eliminate portions of an existing
District. The new Subdistrict is a two-part site, consisting of ±5.42 acres. The site comprises a portion of
the block located immediately north of the County’s Vanderbilt Beach Parking Garage, generally bounded
on the south by Vanderbilt Beach Road (CR 862), Gulf Shore Drive on the west, and by South Bay Drive
on the north and east, in Section 32, Township 48 South, Range 25 East, in order to establish a new
Subdistrict in the FLUE text, and FLUE Future Land Use Map and Map Series of the Growth
Management Plan (GMP), affecting fewer than ten (10) acres, by amending:
1) Policy 1.5 of the Urban Mixed-Use District to remove a portion of the existing Urban Residential
Subdistrict, and replace with the Vanderbilt Beach Road Mixed-Use Subdistrict;
2) the Urban Designation, Urban ‒ Mixed Use District to establish the new Subdistrict provisions;
3) the FLUE’s Density Rating System to provide exceptions for the new Subdistrict;
4) the FLUE Future Land Use Map Series listing to add the title of the new Subdistrict map; and,
5) the FLUE Countywide Future Land Use Map to depict the new Subdistrict and adding a new
Future Land Use Map Series inset map that depicts the new Subdistrict.
The Subdistrict language proposed by this amendment is found in the Ordinance Attachment “A”.
One part of the site comprises all of Gulf Shore Court, an unnamed alley, and a westerly segment of
Center Street. The second part of the subject site comprises a portion of mid-block waterfront lots located
on Vanderbilt Lagoon.
The petitioner proposes to establish the Vanderbilt Beach Road Mixed-Use Subdistrict that allows
development of the property with multi-family residential units at a density of 31.7 DU/A, along with a
mix of non-residential uses and a marina. The phrase “with a resort tourism centered project” was
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removed from the original Exhibit A, because it was determined that the project is not a resort tourism
center based project.
The FLUE’s Urban Mixed-Use District permits water-dependent and water-related land uses within the
coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other
recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related
accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and
restaurants. Any development that includes a water-dependent and/or water-related land use shall be
encouraged to use the Planned Unit Development technique and other innovative approaches to conserve
environmentally sensitive areas and to assure compatibility with surrounding land uses.
The County’s Land Development Code allows for marinas as permitted uses in the C-3 and C-4 Districts.
The County’s Manatee Protection Plan (NR-SP-93-01) May 1995, provides the process to determine the
number of wet slips, the construction of dry storage facilities, and boat ramps, based upon the Plan’s
marina siting criteria.
Per Chapter 163.3187, Part II, Florida Statutes, limitations are in place for this type of small-scale
amendment, as identified below, followed by staff comments [italicized in brackets].
(1) A small-scale development amendment may be adopted under the following conditions:
(a) The proposed amendment involves a use of 10 acres or fewer. [The amendment pertains to a
5.42-acre± property.]
(b) The proposed amendment does not involve a text change to the goals, policies, and objectives of
the local government’s comprehensive plan, but only proposes a land-use change to the future
land use map for a site-specific small-scale development activity. However, text changes that
relate directly to, and are adopted simultaneously with, the small-scale future land use map
amendment shall be permissible under this section. [This amendment involves site-specific
Future Land Use text and map changes.]
(c) The property that is the subject of the proposed amendment is not located within an area of
critical state concern unless the project subject to the proposed amendment involves the
construction of affordable housing units and is located within an area of critical state concern.
[The subject property is not within an Area of Critical State Concern.]
(4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of
the plan pursuant [The amendment preserves the internal consistency between and among GMP
elements.]
FINDINGS AND CONCLUSIONS: Based on review of this petition, including the supporting data and
analysis, staff makes the following findings and conclusions. More analysis is provided in the Staff
Report to the CCPC.
• This amendment will allow for an increase to the residential density, from 16 residential units per
acre (UPA) to 31.7 UPA for a total of up to 172 residential units. It will limit commercial uses to
10,000 square feet and will include and a marina.
• The site lies within the Coastal High Hazard Area (CHHA) Overlay. The FLUE Density Rating
System provides for eligible base density to 3 UPA. The FLUE’s Density Rating System would
have the effect of a maximum density in the CHHA Overlay to sixteen (16) DU/A.
• No issues were identified regarding impacts to potable water, wastewater collection, and
treatment, or solid waste collection and disposal services. Schools and sc hool-related facilities,
and parks and recreational facilities were evaluated for their impacts by the proposed amendment
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as part of companion PUD submittal materials.
• The requirements of the Conservation and Coastal Management Element (CCME) Policy 12 .1.2
will be met when providing 174 cots and one enclosed trailer to County Emergency Management.
• The site lies within the Northwest Transportation Concurrency Management Area, where traffic
management strategies are employed to reduce traffic impacts.
• Residents attending the Neighborhood Information Meeting expressed a strong consensus
opposing development of the property as proposed.
• A companion PUD rezone petition has been submitted concurrent with this GMPA petition. The
development standards found in the PUD will determine the overall scale and intensity of the
proposed petition.
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 the approval of this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: Adoption of the proposed amendment by the
Board and its transmittal to the Florida Department of Economic Opportunity will commence the
Department’s thirty (30)-day challenge period for any affected person. Provided the small-scale
development amendment is not challenged, it becomes effective thirty-one (31) days after Board
adoption.
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 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
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.
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.
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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.
STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION(CCPC):
That the CCPC forward petition PL20190000696/CPSS-2019-10 to the Board with a recommendation to
adopt this small-scale amendment with modifications and transmit to the Florida Department of
Economic Opportunity.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
heard petition PUDZ-PL20190000697 and companion item GMPA-PL2019000696 during 3 public
hearings on October 1, October 15, and November 5, 2020. The One Naples project was the only agenda
item for all three public hearings.
There were presentations by subject matter experts from the applicant’s team and presentations by subject
matter experts who represented several neighborhood organizations, such as “Save Vanderbilt Beach” and
the “Pelican Bay Property Owners Association.” Additionally, County staff subject matter provid ed a
presentation and a recommendation to the Planning Commission.
At the end of the November 5th meeting, there was discussion by the Planning Commission related to the
building heights, setbacks, and density of the proposed project. Commissioner Schmitt moved to
recommend approval, second by Commissioner Homiak of PL20190000696, the GMPA Vanderbilt
Beach Road Mixed-Use District as recommended by the Comprehensive Planning staff. Commissioners
Schmitt, Homiak and Klucik voted in favor of the motion. Commissioners Shea, Vernon, and Fry voted
against the motion. The motion failed 3-3. Please refer to the transcripts of the CCPC meetings for the
discussion.
RECOMMENDATION:
Staff recommends that the Board approve petition PL20190000696/CPSS-2019-10 and adopt the small-
scale amendment and transmit to the Florida Department of Economic Opportunity.
Prepared by: Corby Schmidt, Principal Planner, Zoning Division
ATTACHMENT(S)
1. PL19-0697 Staff Report (PDF)
2. Ordinance - 011221(1) (PDF)
3. Attachment B - Hybrid Waiver (PDF)
4. [Linked] Attachment E VBR MU Subdistrict Back-up (PDF)
5. legal ad (PDF)
6. [Linked] transcript.10-1-20 ccpc minutes pages 44-113 one naples (PDF)
7. [Linked] transcript.10-15-20 ccpc mtg minutes (PDF)
8. [Linked] transcript.11-05-20 ccpc mtg minutes.one naples (PDF)
9. Procedural Memo One Naples Final 2-4-21 (PDF)
10. [Linked] - Public Comment-GMPA (PDF)
11. [Linked] - Save Vanderbilt Beach Comments (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 2.B
Doc ID: 13820
Item Summary: Recommendation to approve by Ordinance the Vanderbilt Beach Road Mixed-
Use Subdistrict - Amending Ordinance no. 89-05, as amended, the Collier County Growth Management
Plan for the unincorporated area of Collier County, Florida, specifically amending the future land use
element and future land use map and map series by amending the urban mixed-use district, residential
subdistrict to add the Vanderbilt Beach Road Mixed-Use Subdistrict to allow construction of up to 172
multi-family dwelling units and/or hotel rooms/suites, but no less than 40 residential units, and 10,000
square feet of C-3, commercial intermediate commercial uses, and a marina and a ship store. The subject
property is located at the northeast corner of the intersection of Gulf Shore Drive and Vanderbilt Beach
Road in section 32, township 48 south, range 25 east, consisting of 5.42 acres; and furthermore,
recommending transmittal of the adopted amendment to the Florida Department of Economic
Opportunity; providing for severability and providing for an effective date. (Adoption Hearing)
(PL20190000696/CPSS-2019-10) ( This is a Companion to item 2C, PL20190000697)
Meeting Date: 03/01/2021
Prepared by:
Title: Planner, Principal – Zoning
Name: Corby Schmidt
02/01/2021 1:56 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
02/01/2021 1:56 PM
Approved By:
Review:
Zoning Ray Bellows Additional Reviewer Completed 02/02/2021 8:44 AM
Zoning Anita Jenkins Additional Reviewer Completed 02/03/2021 9:21 AM
Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 02/09/2021 9:36 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/10/2021 11:31 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 02/18/2021 4:57 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 02/19/2021 9:33 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/19/2021 1:12 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/23/2021 3:05 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/23/2021 3:45 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/01/2021 9:00 AM
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S TA F F R E P O R T
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION
COMPREHENSIVE PLANNING SECTION
HEARING DATE: October 1, 2020
SUBJECT: PETITION PL20190000696/CPSS-19-10, SMALL SCALE GROWTH MANAGEMENT
PLAN AMENDMENT
[ADOPTION HEARING]
(Companion to PL20190000697, One Naples PUDZ)
ELEMENTS: FUTURE LAND USE ELEMENT (FLUE)
PETITIONER/AGENTS
Petitioner: Keith Gelder, Vice President
Vanderbilt Naples Holdings, LLC
2639 Professional Circle, Suite 101
Naples, Florida 34119
Agents: Robert J. Mulhere, FAICP Richard Yovanovich, Esq.
Hole Montes, Inc. Coleman Yovanovich & Koester, PA
950 Encore Way 4001 Tamiami Trail North, Suite 300
Naples, Florida 34110 Naples, Florida 34103
GEOGRAPHIC LOCATION
The two-part subject site, consisting of ±5.42 acres, comprises a portion of the block located
immediately north of the County’s Vanderbilt Beach Parking Garage, generally bounded on the south
by Vanderbilt Beach Road (CR 862), Gulf Shore Drive on the west, and by South Bay Drive on the
north and east, in Section 32, Township 48 South, Range 25 East. This part of the site also comprises
all of Gulf Shore Court, an unnamed alley, and a westerly segment of Center Street. The second part
of the subject site comprises a portion of mid-block waterfront lots located on Vanderbilt Lagoon.
REQUESTED ACTION
This petitioner seeks to eliminate portions of an existing District and Subdistrict in order to establish a
new Subdistrict in the FLUE text, and FLUE Future Land Use Map and Map Series of the Growth
Management Plan (GMP), affecting fewer than ten (10) acres, by amending:
1) Policy 1.5 of the Urban Mixed Use District to remove a portion of the existing Urban Residential
Subdistrict, and replace with the Vanderbilt Beach Road Mixed Use Subdistrict;
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2) the Urban Designation, Urban ‒ Mixed Use District to establish the new Subdistrict provisions,
and increase commercial intensity;
3) the FLUE’s Density Rating System to provide exceptions for the new Subdistrict;
4) the FLUE Future Land Use Map Series listing to add the title of the new Subdistrict map; and,
5) the FLUE Countywide Future Land Use Map to depict the new Subdistrict and adding a new
Future Land Use Map Series inset map that depicts the new Subdistrict.
The Subdistrict language proposed by this amendment is found in Ordinance Exhibit “A”.
PURPOSE AND DESCRIPTION OF PROJECT
The petitioner proposes to establish the Vanderbilt Beach Road Mixed-Use Subdistrict that allows
development of the property with multi-family residential units at a density of 31.7 DU/A, along with a
mix of non-residential uses [commercial (C-4) zoning-intensity uses, including a hotel] and a marina.
The FLUE’s Urban Mixed Use District permits water-dependent and water-related land uses within the
coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other
recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related
accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and
restaurants. Any development that includes a water-dependent and/or water-related land use shall be
encouraged to use the Planned Unit Development technique and other innovative approaches to
conserve environmentally sensitive areas and to assure compatibility with surrounding land uses.
The County’s Land Development Code allows for marinas as permitted uses in the C-3 and C-4
Districts. The County’s Manatee Protection Plan (NR-SP-93-01) May 1995, provides the process to
determine the number of wet slips, the construction of dry storage facilities, and boat ramps, based
upon the Plan’s marina siting criteria.
STAFF ANALYSIS
FUTURE LAND USE DESIGNATIONS, ZONING AND LAND USES:
Existing Conditions:
Subject Property: The subject property, which comprises approximately 5.42 acres, is currently
designated the Urban Mixed Use District, Urban Residential Subdistrict and is intended to
accommodate a variety of residential and non-residential land uses, including mixed-use
developments such as Planned Unit Developments. It is zoned C-3, Commercial Intermediate zoning
district and developed with a variety of small businesses. Its commercial development potential
ranges from a minimum of approximately 47,630 to 100,000 square feet of C-3 uses.
Urban Residential Subdistrict properties are limited to urban residential development and uses
“consistent by policy” through provisions of the FLUE; Properties “consistent by policy” may be
developed as zoned (C-3) and are eligible for conversion of commercial zoning density bonus of up to
sixteen (16) DU/A (notwithstanding that the site is in the CHHA).
It also lies seaward of the Coastal High Hazard Area (CHHA) boundary. CCME Policy 12.2.5 of the
Conservation and Coastal Management Element (CCME) defines the CHHA, “The County shall
consider the CHHA as a geographical area lying below the elevation of the Category 1 storm surge
line as presently defined in the 2011 Southwest Florida Regional Planning Council’s Hurricane
Evacuation Study, or subsequently authorized storm surge or evacuation planning studies coordinated
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by the Collier County Bureau of Emergency Services and approved by the Board of County
Commissioners.”
The CHHA Overlay in the FLUE states, in part, “The CHHA boundary is generally depicted on the
Future Land Use Map and is more precisely shown in the Future Land Use Map series; all lands lying
seaward of that boundary are within the CHHA. The Capital Improvement Element and Conservation
and Coastal Management Element both contain policies pertaining to the expenditure of public funds
for public facilities within the CHHA.” Here, the CHHA Overlay has the effect of limiting maximum
density to sixteen (16) DU/A. By example, this proposal also requests that the parts of the CHHA that
limit density and would otherwise cap the number of residential units be exceptions from the FLUE’s
Density Rating System (DRS). The key provisions of the DRS that would otherwise add or subtract
residential density are:
2. Density Bonuses
Consistency with the following characteristics may add to the base density. Density bonuses
are discretionary, not entitlements, and are dependent upon meeting the criteria for each
bonus provision and compatibility with surrounding properties, as well as the rezone criteria in
the Land Development Code.
a. Conversion of Commercial Zoning Bonus:
If a project includes the conversion of commercial zoning that has been found to be
“Consistent By Policy” through the Collier County Zoning Re-evaluation Program
(Ordinance No. 90-23), then a bonus of up to 16 dwelling units per acre may be added for
every one (1) acre of commercial zoning that is converted to residential zoning. These
bonus dwelling units may be distributed over the entire project. The project must be
compatible with surrounding land uses.
3. Density Reduction
Consistency with the following characteristic would subtract density:
a. Coastal High Hazard Area
If the project lies within the Coastal High Hazard Area, one dwelling unit per gross acre
shall be subtracted from the eligible base density of four dwelling units per acre – except
for those properties within the Coastal High Hazard Area in Section 1, Township 50 South,
Range 25 East. The Coastal High Hazard Area boundary is generally shown on the Future
Land Use Map and is more precisely shown in the Future Land Use Map series; all lands
lying seaward of that boundary are within the Coastal High Hazard Area.
These provisions would amount to a maximum density of no more than sixteen (16) DU/A, or 87
residential units. Density above this is an ask.
The subject property also lies within the boundaries of the Northwest Transportation Concurrency
Management Area (TCMA). Certain FLUE Policies under TCMAs may not be applicable or evaluated
on a link by link basis.
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Surrounding Lands:
North: The Future Land Use Map designates land immediately north of the subject property as Urban
Residential Subdistrict. It is zoned RSF-3 and is developed with [a portion of] Barefoot Pelican
Condominiums and constitutes [a portion of] the Lagoon.
East: The Future Land Use Map designates land located east of the subject property, Urban
Residential Subdistrict. This area is zoned C-3 and is developed with [a portion of] Barefoot
Pelican Condominiums and a business office.
South: The Future Land Use Map designates land lying south of the subject property as Urban
Residential Subdistrict. This area is zoned Pelican Bay Planned Unit Development (PUD) and is
developed with this planned development, including the Vanderbilt Beach Parking Structure.
West: The Future Land Use Map designates land west of the subject property as Urban Residential
Subdistrict. This area is zoned as Residential Tourist - Vanderbilt Beach Residential Tourist
Overlay and is developed with beachfront residential development.
In summary, Vanderbilt Beach Road defines the boundary between the Urban-designated Residential
area and the Coastal Urban-designated Residential area. The existing and planned land uses, and
current zoning, in the area immediately surrounding the subject property are primarily residential
tourist-based.
Criteria for GMP Amendments in Florida Statutes
The data and analysis requirements for comprehensive plans and plan amendments are noted in
Chapter 163, F.S., specifically as listed below.
Identification and Analysis of the Pertinent Criteria in Florida Statutes, Chapter 163.3187, to Qualify
as a Small-Scale Comprehensive Plan (GMP) Amendment:
The process for adoption of small-scale comprehensive plan amendment requires (in part) the
following statutory standards be met, [followed by staff analysis in bracketed text].
(1) A small scale development amendment may be adopted under the following conditions:
(a) The proposed amendment involves a use of 10 acres or fewer. [The amendment pertains
to a 5.42-acre± property.]
(b) The proposed amendment does not involve a text change to the goals, policies, and
objectives of the local government’s comprehensive plan, but only proposes a land use
change to the future land use map for a site-specific small scale development activity.
However, text changes that relate directly to, and are adopted simultaneously with, the
small scale future land use map amendment shall be permissible under this section. [This
amendment involves site-specific Future Land Use text and map changes.]
(c) The property that is the subject of the proposed amendment is not located within an area
of critical state concern, unless the project subject to the proposed amendment involves
the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is
located within an area of critical state concern designated by s. 380.0552 or by the
Administration Commission pursuant to s. 380.05(1). [The subject property is not within
an Area of Critical State Concern.]
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(4) Comprehensive plans may only be amended in such a way as to preserve the internal
consistency of the plan pursuant to s. 163.3177. [The amendment preserves the internal
consistency between and among GMP elements.]
Section 163.3177(1)(f), Florida Statutes:
The process for adoption of a comprehensive plan amendment requires (in part) that plan
amendments shall be based upon relevant and appropriate data and an analysis by the local
government,
(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
professionally 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:
The process for adoption of a comprehensive plan amendment requires (in part) that plan
amendments shall be based upon surveys, studies and data regarding the area,
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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.
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:
The process for adoption of a comprehensive plan map amendment [which this is] requires (in part)
that plan amendments shall be based analyses of the availability of facilities and services, the
suitability of the plan amendment for its proposed uses, and of the minimum amount of land needed
to achieve the goals and requirements of the existing subdistricts, overlays and special designations,
within which land use programs and activities are ultimately directed.
(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.
The data and analysis provided by the petitioner included surrounding heights and densities.
Appropriateness of the Site and the Change:
2.B.1
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The requested amendment will allow for nearly double the residential density, from 16 residential units
per acre (UPA) to 31.7 UPA, along with a small amount of commercial square footage and a marina.
Petitioner’s Residential Needs Analysis:
A typical residential needs analysis was not provided. The petitioner submitted a Justification &
Supplemental Information, dated May 29, 2020 (Exhibit V.D.1). In this document, one can find the
applicant’s information regarding the residential uses proposed.
Traffic Capacity/Traffic Circulation Impact Analysis, Including Transportation Element Consistency
Determination:
JMB Transportation Engineering, Inc. submitted a Traffic Impact Analysis (Exhibit V.E.3), updated to
March 5, 2019. Collier County Transportation Planning staff reviewed the Analysis and provide the
following [bracketed] evaluation:
[Capacity is available on County roadways to accommodate (traffic generated by) this project;
therefore, the proposal is consistent with Policy 5.1 of the Transportation Element.
The companion PUD document for this commercial project contains a developer commitment limiting
the maximum number of p.m. peak hour two-way trips under any development scenario.]
[Michael Sawyer, Project Manager
Transportation Planning Section]
Environmental Impacts:
The subject property is 5.42 +/- acres and site is developed with a snack shop, convenience store,
multi-family residential building, and various surface parking lots.
It is not designated as being located within a County Wellfield Protection Area.
Collier County Development Review Division staff reviewed the Report and provide the following
[bracketed] evaluation:
[The subject property is 5.42 acres. The acreage of native vegetation on site has been field verified
by staff during review of the Planned Unit Development (PUD) for the project. The project is currently
zoned Commercial (C-3).
The proposed GMP amendment will not affect the requirements of the Conservation and Coastal
Management Element (CCME) of the GMP. Native vegetation on site will be retained in accordance
with the requirements of CCME Policy 6.1.1 and LDC section 3.05.07. The petition also includes a
proposed marina, which will require a review for consistency with the Manatee Protection Plan in
accordance with CCME Policy 7.2.1 and LDC section 5.05.02 at time of site development (SDP)
review.]
[Craig Brown, Environmental Specialist,
Environmental Planning Section
Development Review Division]
One can find applicant’s information regarding the CCME Objectives 6.3 and 7.2, submitted as
Justification & Supplemental Information, regarding the County’s Manatee Protection Plan, and Marina
Siting Criteria.
2.B.1
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Public Facilities Impacts:
The petitioner submitted a Public Facilities Report, dated May 21, 2019 (Exhibit V.E.1). Staff reviewed
the Report and provide the following [bracketed] remarks:
• Potable Water and Wastewater Treatment Systems: The subject property lies within the service
areas of the Collier County Water-Sewer District’s regional water treatment plant and North County
Water Reclamation Facility. Both plants have adequate treatment capacity to treat wastewater
generated by this project, and this project will not have a significant impact on potable water and
wastewater treatment systems, as defined in CIE Policy 1.2.
The site is within an area identified in the 2019 AUIR as having a known wastewater
collection/transmission system constraint, which will be addressed in FY 2021-2022 with
construction of Master Pump Station (MPS) 101.12 and associated piping. The PUD for this
project will include a commitment to connect to the collection system tributary to this new master
pump station to avoid overloading Pump Station 101.05 and its collection system, which presently
convey wastewater from the properties in the Vanderbilt Beach Center subdivision.
Sanitary sewer facilities throughout the Collier County Water-Sewer District are designed to be
watertight. Therefore, sewer systems constructed in the Coastal High Hazard Area have no special
requirements pursuant to Policy 12.2.6.]
[Eric Fey, P.E., Senior Project Manager
Public Utilities Department]
• Solid Waste Collection & Disposal: The solid waste disposal service provider is Collier County
Solid Waste Management. The 2019 AUIR notes that the County projects more than 50 years of
remaining landfill capacity [as does the pending 2020 AUIR].
• Stormwater Management System: The Facilities Report indicates stormwater retention and
detention will comply with the SFWMD requirements, and, State and County standards for off-site
[stormwater] discharges will be met.
• Emergency Medical (EMS) and Fire Rescue Services: The subject property is located within the
North Naples Fire & Rescue District, who’s collocated EMS/fire station is located on the south side
of Vanderbilt Beach Road, approximately 1.0 miles to the east.
• Schools and school-related facilities, and parks and recreational facilities were evaluated for their
impacts by the proposed amendment as part of companion PUD submittal materials.
NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS
The application team held a Neighborhood Information Meeting (NIM) at the Saint John the Evangelist
Catholic Church, Ballroom, 625 111th Avenue North, Naples on Tuesday, March 3, 2020 at 5:30 p.m.
as required by the LDC. This NIM was advertised, noticed and held jointly for this GMP amendment
petition and companion One Naples MPUD rezone petition (PL20190000697).
Approximately 450 people other than the application team (inc. engineering and audio and video
technicians) and County staff attended.
On behalf of the applicants, Brian Stock, CEO, from Stock Development, Keith Gelder, Vice President
of Land Development, from Stock Development, Chris Johnson, Director of Land Development, from
Stock Development, Claudine Leger-Wetzel, Vice President of Sales and Marketing, from Stock
2.B.1
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Development, Robert Hall, AIA, President, from CGHJ Architects, Christopher Mitchel, PE, Vice
President of Operations, from JRE Engineering, James Banks, PE, President, from JMB
Transportation, Richard Yovanovich, Esq., from Coleman, Yovanovich & Koester, PA, Robert Mulhere,
FAICP, President, from Hole Montes, Hunter Booth, President, from Booth Design Group, and Tina
McCain, from Matte, Gravina, Smith Matte & Arnold.
County representatives, James French, Deputy Department Head, from the Growth Management
Department, Ray Bellows, AICP, Zoning Manager, from the Zoning Services Section, James Sabo,
AICP, Principal Planner, from the Zoning Services Section, and Corby Schmidt, AICP, Principal
Planner, from the Comprehensive Planning Section, Growth Management Department, Zoning
Division, were in attendance.
Mr. Mulhere started the presentation by introducing himself, the other consultants, and County staff.
He explained the NIM process, process for approval, and provided an estimated hearing & project
timeline. Claudine Leger-Wetzel introduced key participants in this project, gave a brief history of
Stock Development companies, and an overview of existing Stock Development residential
communities. The promotional video prepared for this project was shown. Brian Stock explained how
the (bulk of the) property was acquired through public bid in 2015, after being underdeveloped and
unavailable for many years. Additional properties were acquired to assemble the contiguous property
now being considered. He described a highly amenitized ‘luxury’ project, with rental units that will be
long-term lease restricted.
Jim Banks gave an overview of 240 residential / 25,000 commercial split = 275 PM peak hr. trips; the
trip capacity on Vanderbilt Beach Rd. and Gulf Shore Drive; how pedestrian traffic at intersections
cause vehicular traffic delays, and; how interactions at the parking garage need serious attention.
Keith Gelder provided an overview of the project and the history of the site. Mr. Gelder went on to
explain the existing C-3 zoning and its permitted uses. He explained the proposed improvements to
the surrounding area, specifically landscaping adjacent to South Bay Drive, Gulf Shore Drive, and
Vanderbilt Beach Drive; sidewalks, improved street lighting, and bike lanes along the both sides of
Southbay Drive; a sidewalk and street lighting along the portion of Gulf Shore Drive adjacent to the
property; public art on the property, and then provided an overview of the marina portion of the project.
Mr. Banks went to explain that the project team is currently working with Collier County on potential
upgrades to the public Vanderbilt Beach Parking Garage to help alleviate traffic on Vanderbilt Drive.
These upgrades may include technology that keeps track of available parking, which then broadcasts
that information to additional signage along Vanderbilt Beach Road; and operational improvements
such as setting up an automated payment booth to allow users to pay when exiting the garage. Mr.
Banks then explained the Traffic Impact Statement (TIS), including the fact that under the existing C-
3 zoning the property can support at least 100,000 square feet of a mix of various C-3 uses, including
retail, office and restaurant uses./ This would generate approximately 491 PM peak hour trips. Under
the proposed MPUD zoning and resulting development scenario of 240 residential dwelling units and
25,000 square feet of retail uses, approximately 275 PM peak hour trips are generated. Mr. Banks
then provided a brief summary of the TIS methodology and how trips are calculated.
Following the presentation Mr. Yovanovich led a Q & A session from the public.
This lasted approximately two hours and included feedback from the public, most of which was general
commentary on and various reasons for opposing the project. Most of this feedback focused on the
Planned Unit Development, not the Growth Management Plan Amendment, aspects of the request.
2.B.1
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Audience asked about lack of building renderings. They will be shown.
A speaker announced County Board members, who are those to be contacted.
Beachwalk resident, pointed out this area has traffic problems now; the proposal fails to focus on
people who are here, but on changing ‘our ’ quality of life.
What’s being proposed, is not justified by what’s in submitted materials. Problems inherent by
Vanderbilt Beach Rd. street-width limits; same for Gulf Shore Drive, with biker-cart-pedestrian issues;
proposed variances conflict with safety standards.
Scenery & improvements to garage area overviewed; read from Stock (development) strategic plan.
Serious causes for concern if site is approved and overbuilt; liability to the County if tragedy at site,
while only Stock and home-buyers, benefit.
School at 111th St., and its surrounding neighborhood to protect. 91st St. and beyond were found not
part of the TIS/required traffic study. Traffic issues at The Regatta at Vanderbilt Beach were detailed,
with examples of parking, loading/unloading, congestion and emergency situations; Developer
forewarned / asked to work within these same type of constraints. Another person observed how
people described their traffic experiences; before/after studies are off, people driving to site will not be
as pleased with on-road characteristics. Remember to consider the (shorter-term) placement and
(longer-term) parking for emergency vehicles.
Rich Yovanovich explained the developers are not asking for open space deviations or reductions.
One man listed specific unacceptable characteristics; asked that they reduce density, height,
landscaping to be more like development is around them; doesn’t fit ‘beach area characteristics’;
One woman living near 109th St. and Vanderbilt Beach Rd. highlighted traffic problems; no sidewalks;
will dictate more police; tax impacts; absent landlords; Rich Yovanovich countered with an impact fee
explanation.
One man questioned the number of residential units per floor; The answer was given as 5 residential
units/floor in the tall, residential towers; 6 residential units/floor other residential bldgs.; Open space
is an issue. Another man warned how too many exemptions are proposed, with a final reminder to
appeal to [County] commissioners.
Mr. Gelder again provided the timeline for zoning approval and the construction timeline. Summer
2023.
The Information Meeting was ended at approximately 8:15 p.m.
This synopsis provides the annotated NIM proceedings. An audio recording of the entire
Neighborhood Information Meeting is available at CityView Documents and Images site, under the
PL2019000697 project number. PowerPoint images and print materials are also copied at this
location.
[Synopsis prepared by C. Schmidt, AICP, Principal Planner]
FINDINGS AND CONCLUSIONS
• This amendment will allow for an increase to the residential density, from 16 residential units per
acre (UPA) to 31.7 UPA. It will limit commercial uses to 10,000 square feet, allow up to 172
residential or hotel units, and a marina.
• The site lies within the Coastal High Hazard Area (CHHA) Overlay. The FLUE Density Rating
System reduces the eligible base density in the CHHA by one – from 4 residential units per acre
(UPA) to 3 UPA. The FLUE’s Density Rating System would have the effect of allowing maximum
density in the CHHA Overlay to sixteen (16) DU/A.
2.B.1
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• No issues were identified regarding impacts to potable water, wastewater collection and treatment
or solid waste collection and disposal services. Schools and school-related facilities, and parks
and recreational facilities were evaluated for their impacts by the proposed amendment as part of
companion PUD submittal materials.
• The requirements of the Conservation and Coastal Management Element (CCME) Policy 12.1.2
will be met when providing 174 cots and one enclosed trailer to County Emergency Management.
• The site lies within the Northwest Transportation Concurrency Management Area, where traffic
management strategies are employed to reduce traffic impacts.
• Residents attending the Neighborhood Information Meeting expressed a strong consensus
opposing development of the property as proposed.
• A companion PUD rezone petition has been submitted concurrent with this GMPA petition. The
development standards found in the PUD will determine the overall density and intensity of the
proposed petition. Any adjustments to the PUD will then be reflected in the proposed GMPA.
LEGAL CONSIDERATIONS
The Office of the County Attorney reviewed this report on September 23, 2020. In addition to pertinent
small-scale (GMP) amendment criteria in Florida Statutes, Section 163.3187 addressed above, the
criteria for GMP amendments to the FLUE text 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
Staff recommends the County Planning Commission forward Petition PL20190000696/CPSS-19-10,
to the Board of County Commissioners, with a recommendation to approve for adoption and transmittal
to the Florida Department of Economic Opportunity, with the following modifications ‒ as depicted
below:
Note: Words underlined are added, words struck through are deleted – as proposed by petitioner; words
double underlined are added, words double struck through are deleted – as proposed by staff. Italicized
text within brackets is explanatory only – not to be adopted.
FUTURE LAND USE DESIGNATION DESCRIPTION SECTION
*** *** *** *** *** text break *** *** *** *** ***
URBAN DESIGNATION
*** *** *** *** *** text break *** *** *** *** ***
Urban designated areas will accommodate the following uses:
a. Residential uses including single family, multi-family, duplex, and mobile home. The maximum
densities allowed are identified in the Districts, Subdistricts and Overlays that follow, except as
allowed by certain policies under Objective 5.
b. Non-residential uses including:
*** *** *** *** *** text break *** *** *** *** ***
[Page 26]
2.B.1
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12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD
Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict,
Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict,
Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial
Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict,
Livingston/Radio Road Commercial Infill Subdistrict, Vanderbilt Beach Road Neighborhood
Commercial Subdistrict, Vincentian Mixed Use Subdistrict, Davis ‒ Radio Commercial
Subdistrict, Vanderbilt Beach Road Mixed Use Subdistrict; and, in the Urban Commercial
District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict,
Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane
Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Commercial
Mixed Use Subdistrict, Livingston Road/Veterans Memorial Boulevard Commercial Infill
Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict; Orange Blossom/Airport
Crossroads Commercial Subdistrict, Logan Boulevard/Immokalee Road Commercial Infill
Subdistrict, Seed to Table Commercial Subdistrict, in the Bayshore/Gateway Triangle
Redevelopment Overlay; and, as allowed by certain FLUE policies.
*** *** *** *** *** text break *** *** *** *** ***
A. Urban Mixed-Use District [Page
49]
*** *** *** *** *** text break *** *** *** *** ***
20. Vanderbilt Beach Road Mixed Use Subdistrict
Purpose and Intent:
The Vanderbilt Beach Road Mixed-Use Subdistrict (VBRMUSD) is 5.42 +/- acres in size and is
located at the northeast corner of the intersection of Vanderbilt Beach Road and Gulf Shore Drive,
in Section 32, Township 48, Range 35. The purpose and intent of the mixed-use Subdistrict is to
provide for greater intensity, density, and flexibility in applicable Site Design and Development
Standards in order to promote redevelopment of the site with a resort tourism centered project,
which shall include a mixture of residential and/or hotel, restaurant, retail, and waterfront marina
uses, subject to the following requirements and limitations:
1. The Subdistrict shall be rezoned to Mixed Use Planned Unit Development (MPUD);
2. Multi-family residential and/or hotel units, not to exceed 172 total units;
3. A minimum of 40 residential units is required and shall be developed as a component of the
initial Site Development Plan (SDP);
4. A maximum of 10,000 square feet of the following uses, as permitted under the C-3 zoning
district is allowed:
a. Retail;
b. Restaurant;
c. Personal Services,
2.B.1
Packet Pg. 102 Attachment: PL19-0697 Staff Report (13820 : PL2019-696 / CPSS 19-10 VBR Subdistrict)
Agenda Item 9.
‒ 13 ‒
PL20190000696/CPSS-19-10
Amending a Portion of the Urban Mixed Use District to Establish the
Vanderbilt Beach Road Mixed Use Subdistrict in the Future Land Use Element
d. Professional and Medical Offices
5. A marina, with boat slips limited to use by residents and guests only, except that a maximum
of 4 slips may be leased to charter boats for public use, and a ship’s store and marine fueling
facility may be open public accessing the site from the water.
6. The MPUD shall include a maximum PM Peak Hour trip cap which will be the overriding limit on
any combination of the above uses.
*** *** *** *** text break *** *** *** ***
B. DENSITY RATING SYSTEM [Page 50]
*** *** *** *** text break *** *** *** ***
e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that
are subject to this Density Rating System shall be consistent with this Density Rating System,
except as provided in:
1) Policy 5.3 of the Future Land Use Element.
*** *** *** *** text break *** *** *** ***
8) The Mini Triangle Mixed Use Subdistrict.
9) The Bayshore/Gateway Triangle Redevelopment Overlay.
10) The Vanderbilt Beach Road Mixed Use Subdistrict (VBRMUSD)
*** *** *** *** text break *** *** *** ***
FUTURE LAND USE MAP SERIES [Page 147]
*** *** *** *** text break *** *** *** ***
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
Air Curtain Incinerator Facilities Map
Vanderbilt Beach Road Mixed-Use Subdistrict
PETITION No.: PL20190000696/CPSS-19-10
Staff Report for the October 1, 2020, CCPC meeting.
NOTE: This petition has been scheduled for the December 8, 2020, BCC meeting.
2.B.1
Packet Pg. 103 Attachment: PL19-0697 Staff Report (13820 : PL2019-696 / CPSS 19-10 VBR Subdistrict)
2.B.2
Packet Pg. 104 Attachment: Ordinance - 011221(1) (13820 : PL2019-696 / CPSS 19-10 VBR Subdistrict)
2.B.2
Packet Pg. 105 Attachment: Ordinance - 011221(1) (13820 : PL2019-696 / CPSS 19-10 VBR Subdistrict)
2.B.2
Packet Pg. 106 Attachment: Ordinance - 011221(1) (13820 : PL2019-696 / CPSS 19-10 VBR Subdistrict)
2.B.2
Packet Pg. 107 Attachment: Ordinance - 011221(1) (13820 : PL2019-696 / CPSS 19-10 VBR Subdistrict)
2.B.2
Packet Pg. 108 Attachment: Ordinance - 011221(1) (13820 : PL2019-696 / CPSS 19-10 VBR Subdistrict)
2.B.2
Packet Pg. 109 Attachment: Ordinance - 011221(1) (13820 : PL2019-696 / CPSS 19-10 VBR Subdistrict)
2.B.2
Packet Pg. 110 Attachment: Ordinance - 011221(1) (13820 : PL2019-696 / CPSS 19-10 VBR Subdistrict)
2.B.3Packet Pg. 111Attachment: Attachment B - Hybrid Waiver (13820 : PL2019-696 / CPSS 19-10 VBR Subdistrict)
2.B.3Packet Pg. 112Attachment: Attachment B - Hybrid Waiver (13820 : PL2019-696 / CPSS 19-10 VBR Subdistrict)
2.B.5
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2-4-21 Page 1 of 3
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
DATE: February 2021
TO: Commissioner Penny Taylor, District 4, Chair
Commissioner William L. McDaniel, Jr.,Vice-Chair, District 5
Commissioner Rick LoCastro, District 1
Commissioner Andy Solis, District 2
Commissioner Burt Saunders, District 3.
FROM: Jeffrey A. Klatzkow, County Attorney
SUBJECT: Proposed Procedure for the One Naples Hearing
The applicant is requesting that the Board consider an application to rezone a property from
C-3 Commercial Intermediate Zoning District to Mixed-Use Planned Unit Development
(MPUD) One Naples. The property consists of two parcels created from several small lots. There
is a companion application for right-of-way vacations for Gulf Shore Court between Southbay
Drive and Vanderbilt Beach Road, a portion of Center Street, and a public alleyway from
Southbay Drive to Gulf Shore Court. Additionally, there is a companion Small Scale GMPA for
5.42 acres related to this request. The total acreage for the MPUD rezoning request is 5.42 acres.
A Landscape Maintenance Agreement will also be presented to the Board. The County Attorney
recommends that all items be heard at the same time.
1. General –the hearings on the rezone and vacation petitions are quasi-judicial in nature
and are therefore subject to the provisions of Resolution Number 95-376, requiring
proper disclosure of any Commissioners ex-parte contacts, communications, site visits, or
investigations, or receipt of expert opinions. Likewise, the procedural requirements of
Resolution Number 98-167 also apply. Copies of both resolutions are attached for your
convenience. The hearing on the growth management plan amendment and the
Landscape Maintenance Agreement is legislative.
2. The standard of review is:
a. Whether there is competent, substantial evidence to support the rezone and
vacation of public roadways; and
b. Whether the growth management plan amendment, as a legislative decision, is
rationally related to a legitimate public purpose.
3. Only relevant evidence should be considered at the hearing. The Chairman, with the
assistance of the County Attorney, will determine what is relevant evidence.
2.B.9
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4. Although there will be several attorneys representing various HOA’s, the only parties are
the applicant and the County.
5. The County Attorney recommends the following procedures:
a. The growth management plan amendment, rezone and vacation petitions and
landscape maintenance agreement should be heard concurrently.
b. The court reporter administers the oath to all those wishing to speak. If a speaker
arrives at the hearing after the oath is given, the speaker must be sworn in before
they can speak.
c. The Board members then make their individual ex-parte disclosures for the rezone
and vacation petitions. All communications must be disclosed including letters,
e-mails, phone calls, and meetings. Any personal investigation, such as a site
visit, must also be disclosed. The subject matter of the communication and the
identity of the person, groups or entity with whom the communication took place
are all part of the disclosure. This applies to all communications that took place
even before the appeal was filed. These disclosures must be made at the
beginning of the hearing. The Board must give any person who wishes to
question its members concerning the ex-parte disclosure the opportunity to ask
questions of it. This right may be waived by a failure to ask questions of the
Board.
d. The presentation of the petitions should be as follows:
i. The applicant presents their case. The time limit is two hours. This time
limit includes any presentation by an expert witness.
a) The Zoning Director, or designee may question the applicant
and/or any of his experts. The time limit is 10 minutes.
ii. Staff presents its case including the testimony of any expert witnesses.
The time limit is two hours.
a) The applicant may ask questions. The time limit is 10 minutes.
iii. Each person who has been authorized to represent an organization with 5
or more members or a group of 5 or more members may presents its case
including the testimony of any expert witnesses. The time limit is 15
minutes.
a) The Zoning Director, or designee may ask questions. The time
limit is 10 minutes.
b) The applicant may ask questions. The time limit is 10 minutes.
2.B.9
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iv. The Board members may ask questions at any time during the
proceedings. There is no time limit to the Board’s questions, subject,
however, to the discretion of the Chair.
v. Interested members of the public may then speak. Time limits per speaker
is 3 minutes. The Board should only give consideration to “public
testimony” that is relevant to the issues being discussed.
vi. After Public Comment, in order, the Zoning Director, or designee and the
applicant, will each have one hour to sum up. This summation could
include any rebuttal.
vii. Time limits may be extended at the discretion of the Chair.
viii. Upon conclusion of the public speakers’ presentations, the Board should
close the public hearing and commence discussion.
ix. Upon conclusion of the discussion, the Board will make its motion, second
and then vote for each petition separately. An affirmative vote of four is
required for the growth management plan amendment and the rezone. A
simple majority is required to approve the vacation petition and the
landscape maintenance agreement.
Attachments:
Resolution Number 95-376
Resolution Number 98-167
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RESOLUTION riD. 95-J76
1\ RESOLUTIon RELATInG TO ACCESS TO LOCM~
PUOLIC OFFICIALS i PHOVIDItlG 1\ DEFInITION OF
LOCAL PUBLIC OFFICIAL; PROVIDING FOR ACCESS
TO PUBLIC OFFICIALS; AUTHORIZING I!lVESTIGA-
TIONS AND RECEIPT OF INFORMATION; REQUIRING
DISCLOSURE OF EX PARTE COf1MUHICATIONS; AND
REPEALING RESOLUTIOIl 110. ~S-J5~.
WHEREAS, government in Florida is conducted in the sun-
shine pursuant to Ch~pter 286, Florida Statutes; and
t,.;rHEREAS, the public should be able to voice its opinions
to local Alccted publ~c officials; nnd
WHEREAS, elected and public officials are presumed to
perform their duties in a lawful and proper manner; and
WHEREAS,quasi-judicial decision-making must be based on
competent, substantial evidence of record; and
officials have been
HEREAS,loca 1 elected public
obstructed or impeded from the fair and effective discharge of
their sworn duties ann responsibilities due to expansive inter-
pretations of Jen_niDSl.f>~_:;LQe Co_untv I
il. decision rendered by
the Third District Court of Appeal; and
WHEREAS, Section 5, Article I of the Florida Constitution
gives the people the right peaceably to assemble, to instruct
their representatlves, and to petition for redress of griev-
anccs.
NOH, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COuNTY, FLORIDA, that:
SECTION ONE:AUTHORITY
Pursuant to Subsection 286.0115, Florido Statutes, Collier
County has the authority to enact this ReSOlution which removes
the presumption of prejudice from ex parte communications with
local officials by establishing the process set forth herein to
disclose such communications.
SECTION TWO:DEFINITION
As used in this Section, the term '1locol public official"
means any elected or appointed public official holding a county
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office who recommends or takes guasi-judiciul action as a
member of such board or commission.
SECTION THREE:ACCESS PERMITTED
1. Any person not attlerwise prohibited by statute,
charter provision, or ordinance may discuss with any local
public official the merits of any matter on which action may be
taken by the board or commission on which the local public
official is i) member. Adherence to the following procedures
shall remove the presumption of prejudice arising from ex-parte
communications with local public officials.
a) The substdncc of any ex-parte communication with a
local public offici<:ll which relates to quasi-judicial action
pending before the official is not presumed prejudicial to the
action if the subject of the communication and the ident1ty of
the person, group, or entity with whom the communication took
place is disclosed and made a part of the record before final
action on the matter.
b) A local public official may read a written communi-
cation from any person. However a written communication that
relates to quasi-judicial action pending before the local
public official shall not be presumed prejudicial to the action
and such written communication shall be made a part of the
record of the board or commission before final action on the
matter.
cl Local public officials may conduct investigations and
site visits {lnd may receive expert opinions regarding quasi-
jUdicial action pending before them. Such activities shall not
be presumed prejudicial to the action if the existence of the
investigation, site visit, or e:..:pert opinion is made a part of
the record before final action on the matter.
d) Disclosure made pursuant to paragraphs (3), (b) and
c) must be made before or during the public meeting at which a
vote is taken on such matters, so that persons who have opin-
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ions contr~ry to those expressed in the ex-par~e communication
are given a reasonable opportunity to refute or respond to the
communication.
SECTION FOUR: REPEAL OF RESOLUTION NO. 95-354
Resolution No. 95-354 is hereby repealed in its entirety.
20th day of ~, 1995,
This Resolution adopted this
after motion, second and majority vote favoring same.
ATTEST: .
DWIGHT E. BROCK, Clerk
4.: ;;;/./-,~4~-, ~e
Approved as to form and
legal sufficiency:
mmo.llw'IJ735
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~
8ETTYE
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