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CCPC Minutes 04/29/2014 S D r r ,a 5 � CCPC/Special Immokalee meeting April 29,2014 By TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Immokalee,Florida April 29,2014 LET IT BE REMEMBERED,that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 5:30 p.m. in SPECIAL SESSION at Immokalee High School Auditorium,Immokalee,Florida,with the following members present: Mark Strain,Chairman Stan Chrzanowski Brian Doyle Diane Ebert Karen Homiak Charlette Roman Mike Rosen ALSO PRESENT: Heidi Ashton-Cicko,Assistant County Attorney David Weeks,Comprehensive Planning Manager Thomas Eastman,Real Property Director,Collier County School District Page 1 of 20 SPECIAL CCPC AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 5:00 P.M.,TUESDAY,APRI 29,2014,AT THE IMMOKALEE HIGH SCHOOL AUDITORIUM, 710 IMMOKALEE DRIVE,IMMOKALEE,FL NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. PLANNING COMMISSION ABSENCES 4. ADVERTISED PUBLIC HEARINGS A. A Resolution of the Board of County Commissioners proposing an amendment to the Growth Management Plan, Ordinance 89-05, as amended, specifically amending the Immokalee Area Master Plan Element and Immokalee Area Future Land Use Map to add approximately 24.99 acres to the SR-29 and Jefferson Avenue Commercial Subdistrict of the Urban-Commercial District, to allow for the development of up to 162,000 square feet of C-1 (Commercial Professional and General Office District), C-2 (Commercial Convenience District), C-3 (Commercial Intermediate District), and C-4 (General Commercial District) commercial uses as described in the Land Development Code (LDC); to exempt development on the subject site from the architectural and site design standards of LDC Section 5.05.08, and the sign standards of LDC Section 5.06.00; and to provide that architectural, site design and sign standards be established through the rezoning of the subject site; and furthermore recommending transmittal of the amendment to the Florida Department of Economic Opportunity. The subject property is located at the northwest corner of Westclox Street and State Road 29 in Section 29, Township 46 South,Range 29 East, Collier County,Florida. [PL20130001345/CP-2013-8] (Companion to PUDZ- PL20130001241) B. An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein describec real property from an Agriculture (a) zoning district with a Mobile Home Overlay (A-MHO) to a Commercial Planned Unit Development(CPUD)zoning district to allow up to 162,000 square feet of commercial uses for a project to be known as SR29 CPUD on property located at the northwest quadrant of SR-29 and Westclox Street in Section 29, Township 46 South, Range 29 East, Collier County, Florida consisting of 24.5±acres; and by providing an effective date. [PUDZ-PL20130001241] (Companion to PL20130001345/CP-2013-8) ADJOURN CCPC Agenda/dcw/mrk 1 CCPC/Special Immokalee meeting April 29,2014 CHAIRMAN STRAIN: We're going to delay the start of the meeting until 5:30,approximately 10 minutes from now. We wanted to make sure that when we start the presentation as many people that were going to be here got here on time. So in about 10 minutes we'll start the program. Thank you. (Recess.) CHAIRMAN STRAIN: Okay,good evening,everyone. If everybody will please take their seats. Welcome to the April 29th meeting of the Collier County Planning Commission. If everybody will please rise for Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Thank you. Before we move into our regular agenda,I had produced an opening statement to explain the processes tonight. I'm not sure how many of you are familiar with the way this board operates and what we're here for. I also prepared it in case we needed translators. And there are two people in the back who have earphones and translators,so I'll be able to read this whole statement without having to stop and pause sentence by sentence. As the Planning Commission,we must review all applications that involve the changes to the use of land. In this case we're reviewing the proposed Wal-Mart center at Westclox Drive and State Road 29 intersection at the north end of town. Currently the land use Wal-Mart needs is not allowed at that location. Our process,if recommended for approval,would allow the Wal-Mart application to move on to review by the Board of County Commissioners. The Planning Commission is an advisory board to the Board of County Commissioners and all final actions on land use zoning must be made by the Board of County Commissioners. And the results of this meeting are expected to be heard by them in hopefully late June. Tonight's meeting is for two reasons: To process the Wal-Mart application to amend the master plan for Immokalee;and to introduce the draft zoning land use document to the community. And that document is called a planned unit development. And you might hear a lot of acronyms tonight,we'll try to explain those, but that's called a PUD in a lot of terminology we use. Tonight's meeting is just one step in the process. After tonight the Board of County Commissioners will review this initial master plan application,and this meeting is known as the transmittal hearing. The recommendation from the Board of County Commissioners then goes to Tallahassee for review, after which it is sent back to Collier County with a recommendation,and it has to go through another review process called the adoption hearing. It is expected that the adoption hearing will also hear the final zoning application at the same time. The document--one of the documents you're getting tonight is a draft of that. A draft of the application will go through a second review and this will be done by the Planning Commission and also the Board of County Commissioners. These final rounds of hearings are expected to take place this fall and will need to be completed before Wal-Mart may proceed with their building. For tonight we are pleased to be here in the community of Immokalee and to provide an opportunity for the residents of Immokalee to comment and participate in the rezoning process for the Wal-Mart. Our review is strictly limited to zoning matters as dictated by our Land Development Code. We are not a political body,we are not elected officials,we are county residents who have been appointed by the elected officials to review land use applications and pass recommendations on to the elected board. The first part of this meeting will be the Wal-Mart representatives providing an outline of what they are asking for and what they are planning to do. During or immediately after this presentation,the Planning Commission members will ask various questions. After the Wal-Mart presentation county staff will also provide a presentation about how the project can meet our land use guidelines. Once the presentations and the Planning Commission questions are completed,members of the public who wish to speak will be able to come to the front,use one of the microphones,state your name and present to the Planning Commission with any concerns they may have. We ask that all public speakers limit their discussions to no longer than three minutes. If you wish to Page 2 of 20 CCPC/Special Immokalee meeting April29,2014 simply say you agree with the previous speaker,that will work as well. As a courtesy to all,please do not applaud,talk while others are speaking or otherwise interfere with the proceedings. If you have a cell phone,please either turn it off or place the ringer or silent during this meeting. No later than 8:00,or sooner if we finish with all speakers,we will end the public part of this meeting and the Planning Commissibn will decide how to vote on this matter. The meeting will adjourn promptly at 8:15. We have to turn the room back over to the school board.In order to have the use of this room we agreed to the time frames. On behalf of the entire Planning Commission we sincerely appreciate all of you coming to talk with us tonight and let us know what your concerns are about this project that will help us in our final deciding matter. Now with that,f ll move back to our normal agenda and I'll ask the secretary to do the roll call. COMMISSIONER EBERT: Yes. Hello. CHAIRMAN STRAIN: That's you. COMMISSIONER EBERT: Mr.Eastman? MR.EASTMAN: Here. COMMISSIONER EBERT: Mr.Chrzanowski? COMMISSIONER CHRZANOWSKI: Here. COMMISSIONER EBERT: Mr.Rosen? COMMISSIONER ROSEN: Here. COMMISSIONER EBERT: Ms.Ebert is here. Mr.Strain? CHAIRMAN STRAIN: Here. COMMISSIONER EBERT: And Ms.Homiak? COMMISSIONER HOMIAK: Here. COMMISSIONER EBERT: Mr.Doyle? COMMISSIONER DOYLE: Here. COMMISSIONER EBERT: And Ms. Roman? COMMISSIONER ROMAN: Here. CHAIRMAN STRAIN: Okay,I wish to remind the Planning Commission members,on Thursday, at our regular time and location we have our regular meeting,May 1st,and that will be an all-day meeting based on the load that I've seen coming in in the packets that we've all been reviewing. With that we'll move into our advertised public hearings. And we have two issues to consider but only one will be voted on. The first one is the Immokalee Area Master Plan element for the Immokalee Area Future Land Use.It's PL20130001345/CP2013-8. It has a companion item which is the rezone application, and that's PUDZ-PL20130001241. We'll be taking a vote later this evening on the first item and we'll be reviewing the second item for draft only and no vote will be taken on that matter tonight. So with that in mind,I'll turn the meeting over to the applicant for their presentation. Richard? Oh,thank you. Where's Cherie'? There you are. All those wishing to talk tonight or speak to us,please rise to be sworn in by the court reporter. If you intend to come up and talk,just to say if you like the project or not,we ask that you stand up and be sworn in. (Speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. And if some of you just did not stand up and still want to come up and speak,when I ask for any public speakers,just let us know you need to be sworn in and that will be fine,we'll do it at that time. We're not going to use the formality of speaker slips,I'll just ask for a raise of hands when we get to that point in the meeting. And now as far as disclosures on the part of Planning Commission members. Tom? MR. EASTMAN: Nothing. COMMISSIONER CHRZANOWSKI: Nothing. Page 3 of 20 CCPC/Special Immokalee meeting April 29,2014 CHAIRMAN STRAIN: Stan. Mike? COMMISSIONER ROSEN: Nothing. COMMISSIONER EBERT: Just staff. CHAIRMAN STRAIN: And I've had numerous meetings with staff and many meetings with the applicant,the applicant's representatives and all kinds of people,so-- COMMISSIONER HOMIAK: Nothing. COMMISSIONER DOYLE: No. COMMISSIONER ROMAN: No contact. CHAIRMAN STRAIN: Okay. With that,it's yours,Richard. MR.YOVANOVICH: Thank you. Good afternoon. For the record,Rich Yovanovich on behalf of the applicant. With me today is David Genson with Barron Collier Companies,Wayne Arnold with Grady Minor, Jim Banks with GMB Transportation Engineering,Russ Weyer,who's our economist,and Kim Schlachta, who's our environmental consultant who can answer any questions that I can't answer. I'm going to do a Power Point presentation. You all have a copy of the Power Point in front of you so you don't have to feel obligated to turn around to see what's being presented. As you mentioned,Mr. Strain,we have two petitions before you today. The first is the rezone petition. The property is approximately 25 acres and it's shown on this aerial at the corner of State Road 29 and Westclox. I have a little bit of a closer up version of that for people to see. The first request is to change the comprehensive plan designation from the current low residential subdistrict,high residential subdistrict and the neighborhood commercial subdistrict to the State Road 29 and Jefferson Avenue subdistrict within the comprehensive plan. And then the second petition is to rezone the property to a commercial PUD for up to 162,000 square feet. The reason we're redesignating the property in the comprehensive plan is to allow for a large format retail use of the property,and currently Wal-Mart is proposed to go on that site. The current designation for the property or a majority,roughly 19 acres of the current designation of the property,would allow for commercial uses on the property;however,not the C-4 type uses that would be necessary for the use that we're asking for. We're also asking for the ability in our PUD to come up with our own specific architectural and site design standards for this site. And those specific standards will be a part of the PUD that you will ultimately see at the adoption hearing for the Growth Management Plan as well as the adoption of the CPUD zoning. What you've seen are elevations,and what staff has asked us is to actually put words to those elevations to make sure that the standards will be in the PUD. We have a minor tweak to the GMP language because we had originally asked for an exemption from the architectural standards. We have rephrased that slightly,but conceptually we would come up with our own architectural standards for this specific site instead of having to go and ask for deviations from the Land Development Code,because there would be numerous deviations we'd be requesting and it didn't make sense to have a long list of deviations. So that's the purpose of the Growth Management Plan amendment is to,one,redesignate the property so that we can have the commercial uses we want on the property and two,to have our own architectural standards on the property. The second petition is the actual rezone for the commercial uses we want to put on the property and allows for up to 162,000 square feet,as I briefly mentioned. The PUD also provides for specific transportation commitments. And I'll have Jim Banks take you through the specifics of those transportation commitments. Basically for the intersection of—whoops,I already pressed the wrong button. As you can tell I don't normally do these things through Power Point. But this is the PUD master plan that we're talking about. And specifically,and I'm going backwards now,that's the PUD master plan,but--Sharon? There we go. Never mine. Page 4 of 20 CCPC/Special Immokalee meeting April 29,2014 The transportation concerns really center around the intersection right here of Westclox and State Road 29. As the master plan shows you,we're going to have access,a couple of access points off Westclox and another access point up here off of 29. Essentially we expect to have a traffic signal here and then obviously to redo this intersection at some point down here. And Jim will take you through a little bit of the different options that the state is considering as well. We have pretty much the standard types uses,the commercial uses you would expect in a shopping center and also allowing the large format retailer to go on this site. We also--and I think the reason the crowd isn't as large as we thought it might be is we did have a neighborhood information meeting in January of this year. I think it's safe to say we had somewhere between four and 500 people at that neighborhood information meeting. And we know they were committed to hearing basically the presentation you're hearing today,because we originally were going to have it at the library,we quickly realized that wasn't a big enough location,so we ended up moving to a different location that could accommodate all the people we had. And all of those people traveled with us. So they were very interested in hearing what was being proposed on this site. And like tonight,we did that presentation in English,Creole and in Spanish,and we had a lot of people speak at that meeting. And you've seen the minutes from that meeting. I think as a whole the community was pleased with having a large format retailer.Now at that time we didn't know for certain who that retailer was going to be. People were assuming it was a Wal-Mart,and they were right and they were pleased at that neighborhood information meeting that a Wal-Mart might be coming,and I think they're pleased that a Wal-Mart is coming,assuming we get the necessary land approvals that we need. We had that neighborhood information meeting. We've also gone to the CRA Advisory Board and explained our petition. And I think you've gotten a letter from them basically supporting what we're asking for but raising transportation related concerns in their letter that we are planning to address. And then most recently we had a smaller meeting with some of the local business leaders and community leaders to talk about the project,and I think that that was also a positive meeting. There were some concerns raised by members of the community of what impact this might have on the small mom and pop businesses and other businesses in Immokalee. And I think that it will be a positive impact for the smaller businesses;they don't really generally directly compete with the types of services that a Wal-Mart provides,and frankly will probably result in more people coming to the Immokalee community and using those businesses. Those businesses that do compete with a Wal-Mart,I think it will be a positive impact for the community on that as well. One,they'll have to step it up. They'll have to provide better service to the community,and they'll have to get a little bit more competitive with their pricing,which I think is good for the community. So I think its a win/win all the way around for what's being proposed for the community. At this point your staff,comprehensive planning staff,I believe is recommending approval of the Growth Management Plan amendment. I know we--there are still concerns and I'm sure Michele can correct me if I'm wrong or speak on her own. But in fairness to them,they haven't seen the specific architectural standards yet so they're a little concerned about the language we had proposed that says we don't have to meet the current Land Development Code standards. But we're committed to working with the CRA and staff to vet those standards that we are going to propose before the adoption hearing and the PUD approval hearing. So we will do that,and we'll request that you transmit the revised language that we'll provide you copies with to the state for consideration. I think--I know we're not asking for approval on the PUD tonight,but I think generally staff is comfortable with the PUD in its current format. Obviously subject to seeing the specific architectural standards that will go along with the elevations that we've already provided to you. That's a general overview of what we have.I'll have Jim come up to take you through the transportation concerns that have been raised by people,and then open it up for any questions you may have. CHAIRMAN STRAIN: Okay,thank you. Page 5 of 20 CCPC/Special Immokalee meeting April 29,2014 MR.BANKS: For the record,Jim Banks,here on behalf of the applicant. CHAIRMAN STRAIN: Are you here as a marketing guy tonight or traffic engineer,since you-- MR.BANKS: I was thinking. Rich is kind of walking all over my area of expertise talking about shopping,but yeah. But I want to stick to the transportation issues. As Rich mentioned,we are going to commit to transportation improvements regarding improvements to the intersection of Westclox and 29. We have been in coordination with the Florida Department of Transportation. Just for the record,State Road 29 is maintained by the Florida Department of Transportation. Westclox is a county road. So we've been working with both Collier DOT and FDOT on formulating a plan on what needs to be done at that intersection. The exhibit that's on display on the overhead,I don't think you have that in your package. This is one of the preliminary designs that FDOT has come up with. They're going to four-lane State Road 29 to the south and to the north of the subject site. This intersection—this is the medical use,medical land use right here. We are going to align our access on State Road 29 with this access into the medical use. The state has informed us that this will be a full median opening when the road is four-laned,and that's why we're lining up with that particular access. Now,Rich mentioned that we expect a traffic signal to be constructed at that location. I think the correct way to say that is we are—we do not object to a traffic signal being installed at that location,but it's a determination that will be made by the state. If the state indicates that a traffic signal is required,that would be a total cost burden onto the developer because that's the county's new policy,that any traffic signal that specifically serves a development and wouldn't otherwise be necessary if that development didn't occur,then they must bear the full cost of that signal. So we're not opposed to a signal at that location,but again it's up to FDOT to determine whether or not we're going to be allowed to or be required to put in a traffic signal. As far as the intersection of Westclox and 29,it is close to if not meeting signal warrants today. The state is typically slow to move in putting in a traffic signal if it simply meets the minimum volume warrant thresholds. Typically they wait to see if there becomes a recurring safety issue at this location. And as of today the state has not indicated that they have any immediate plans to put in a traffic signal at that location. With the development of the Wal-Mart on this site we will be increasing the amount of traffic that will travel through that intersection,and therefore we're not what triggers the need for a signal,because it is imminent,but we do accelerate the need for when it goes in. And so part of our transportation commitment is is that we are going to pay a proportionate share towards putting in a traffic signal at that location. In addition to the traffic signal,we will also be funding our proportionate share towards pedestrian improvements,the push button actuated crossings,as well as the pavement markings and sidewalks on our portion of the roads that we abut. As far as the access,back to the project's proposed access on 29 that's going to line up at the medical center,at that location we are going to construct an ingress left turn lane and an ingress right turn lane. So motorists traveling along State Road 29 either northbound or southbound will have an exclusive deceleration lane to enter and then enter into the site. We will have two access points onto Westclox. The access which will be closest to 29 will have both left and right ingress turn lanes. The access which is furthest away from 29,in speaking with the county it's likely that we won't need turn lanes at that location because that is simply going to be for the occasional truck deliveries. But we are going to work with the county DOT to determine if and when we need to put turn lanes at that access. The exhibit that's shown right now was produced by FDOT. Again it shows that they are going to maintain the free flow alternate 29 to State Road 29 northbound merge lane in this particular exhibit. It's fine with us. We can accommodate accordingly if that's the plan that's going to remain in place. And then there's another plan that the state has. Sharon,if you could put up that other. This particular option,they are going--they're considering eliminating the free flow right merge lane and bringing all traffic to the signalized intersection at Westclox and 29. Page 6 of 20 CCPC/Special Immokalee meeting April 29,2014 Again,our project,the applicant,we really have no say-so in what the state is going to decide which of these two options they want to do or if there's going to be a third one. All we can say is that we've been in constant coordination with FDOT and Collier County DOT,and whichever plan that they implement,we are going to design our access accordingly. So if you have any questions,I'm-- CHAIRMAN STRAIN: Anybody have any questions of Jim at this time? (No response.) CHAIRMAN STRAIN: Jim, I've got a few. The--first of all,the signal. I think you indicated that if this—when the warrants justify the signal you'll pay your proportionate share? MR.BANKS: The applicant is going to pay a proportionate share towards that signal,yes. CHAIRMAN STRAIN: What's that proportionate share to be estimated in percentage to be? MR.BANKS: It's going to be based on traffic volume. So we'll go out and we'll count how much traffic is there today,which we've already done,and then what the increase in the traffic is. Let's say there's a 25 percent increase in traffic or a 50 percent increase in traffic,then that would be our pro rata share. CHAIRMAN STRAIN: You already produced a TIS that was required. MR.BANKS: That's correct. CHAIRMAN STRAIN: In that TIS you would have predicted the traffic flow that's coming from this project in order to understand the impacts on the surrounding roads. MR.BANKS: That's correct. CHAIRMAN STRAIN: So since you already know those answers by estimates,what do you estimate close to the percentage that you'd be having to put up to pay for that intersection? MR.BANKS: It was the county's suggestion that it be based on actual traffic counts as it would be an accurate representation. And typically it works out in the favor for the county and the state if we actually base it on—because a center of this size usually generates some additional trips above and beyond what's expected. And it's also maybe the traffic pattern's going to be slightly different than what we've estimated. So again,it was--we're happy to do it based on the estimates represented in the report,but we were instructed to base it on actual traffic counts. CHAIRMAN STRAIN: Okay. What was the number that would have been used if we relied upon your TIS that you're now accepting as saying is probably inaccurate. MR.BANKS: Not as accurate,I would say it that way. There's nothing like real time data. We never performed that particular task.If I'm just going to simply estimate,I will say it would probably be 25 to 30 percent,but we never performed that specific task because we were instructed early on that it would be based on actual data. CHAIRMAN STRAIN: And the signalization of that intersection in its expanded base,what do you expect the cost of that traffic signal to be? MR.BANKS: It depends on whether it's going to be a mast arm configuration or a concrete strain pole configuration. If it's a mast arm construction type,it could be 250 to$300,000. If it's a concrete strain pole supported system,maybe$200,000. CHAIRMAN STRAIN: Okay. And the turn lanes would be what your—would you do a pro rata share of the turn lanes or-- MR.BANKS: Well,our turn lanes,the turn lanes that serve our site access,that's all our cost. CHAIRMAN STRAIN: Is that left in as well? MR.BANKS: I'm sorry? CHAIRMAN STRAIN: Is that the left in going north as well? MR.BANKS: The left in into our site,that's our cost. The right in to the site,the southbound right in to the site,that's our cost. And the turn lanes on Westclox are our cost. CHAIRMAN STRAIN: What's your estimate for the cost of those? MR.BANKS: We haven't really--four turn lanes,300,000,$350,000 in turn lanes. CHAIRMAN STRAIN: They were$75,000 a turn lane last time I did one. So that's about right. MR.BANKS: Yeah. Page 7 of 20 CCPC/Special Immokalee meeting April 29,2014 CHAIRMAN STRAIN: So between the turn lanes and your pro rata share of the light at the intersection,you're looking at four to$500,000 in-- MR.BANKS: I think that's what we kind of estimated. And that does not include if a traffic signal is required at the northernmost access. Again,the state was going to inform us whether or not we're going to put one in. I don't expect that to happen. But if we do,then we bear the full cost of that traffic signal. CHAIRMAN STRAIN: Is that northernmost access going to be a full median opening or just a right in,right-- MR.BANKS: It's a full median--per the state's plan,we were--the state specifically instructed us to move our access to line up with the medical use across the street,because we were told that is going to remain a full access. CHAIRMAN STRAIN: So you're going to have basically a full access on Westclox and a full access on your main entry up there by the medical facility. MR.BANKS: Right. And let me just tell you what happens when you do this. We're going to put the signal in at Westclox first,okay.Probably would even--may even go in before opening day or shortly thereafter. Most folks will use that as a way to access northbound 29,because they'll see that as a safe means of access to 29. And so because the traffic signaI's there,we may never actually hit the volume warrants at that northernmost access. And so that's why we're not confident that we will ever have a traffic signal at that northern access. But again,if they require it of us,that's on us. CHAIRMAN STRAIN: Okay. And that would be for--so you'd end up probably contributing for two signals if it ever got to that? MR.BANKS: One full cost and one proportionate cost,yes. CHAIRMAN STRAIN: Okay. In the CRA's letter of concerns,most of them centered around traffic. So I'd like to get your input on those. The volume on State Road 29 was an issue,but it looks like with it four-laning in the turn lanes that's probably going to be addressed. But it says items such as roadway widening,acceleration,deceleration lanes,off-site pedestrian facilities(sidewalks,and crosswalks/CAT bus stops,et cetera),and streetlights need to be addressed. You've talked to us about the lanes and the widening. Off-site pedestrian facilities,sidewalks, crosswalks and the CAT bus stops.What are your plans for those? MR. BANKS: I haven't--Rich has worked with the CAT folks. I haven't. So I'll let him address that. As far as the sidewalks,per the LDC,either we have to pay in lieu of or we're going to be constructing sidewalks. We are paying a proportionate share towards the pedestrian traffic features at that intersection of Westclox and 29. So we are committed to doing those. And those finer details of those issues will all be worked out as we're going through the SDP process. CHAIRMAN STRAIN: And I realize that,but I'm asking you to re-tell us that for the record so that the CRA,because I know some representatives,Brad Muckel's here and other members may be here who that input would be valuable to have. MR.BANKS: For the record,sidewalks per LDC and proportionate share towards pedestrian crossings at the Westclox/29 intersection,as well as the--and I'm talking about the actuated traffic control features for pedestrian,as well as proportionate share towards the crosswalks and curb cuts. CHAIRMAN STRAIN: Okay. And last,what about the streetlights? MR.BANKS: And yes,we are required to put in arterial street light--arterial level streetlights at our access points. So we will have streetlights at the project's access on 29 that's aligned with the medical use. And we will have streetlights at our two access points on Westclox. The intersection of Westclox and 29,typically we put the luminaires on the signal poles and we would be contributing towards the cost of that as well,because that would be a proportionate cost basis. CHAIRMAN STRAIN: Thank you. Does anybody else have any questions of Jim? (No response.) CHAIRMAN STRAIN: Maybe someone then could answer the CAT bus situation? Page 8 of 20 CCPC/Special Iinmokalee meeting April 29,2014 MR.YOVANOVICH: We know that we are going to have to deal with alternative transportation on --we've committed to working with them for a solution for what they may want to occur regarding the bus routes and our project's impact on that. We don't have specifics yet. We expected to have that done at the PUD time frame when we come back. CHAIRMAN STRAIN: Well,I might suggest then at the PUD time frame,which will be coming up at the adoption hearing-- MR.YOVANOVICH: Right. CHAIRMAN STRAIN: --one of the things you may want to look at is providing a CAT dropoff and pickup point,as we have required other projects of a much,much smaller nature than this one. So it's something that you could consider as you produce that document. MR.YOVANOVICH: We understand that we would be considering that. CHAIRMAN STRAIN: Okay. Anybody have any questions of the applicant at this point? (No response.) CHAIRMAN STRAIN: I have quite a few questions,but I think it might be helpful to ask the staff to comment first and then Pll pose my questions to both staff and the applicant. Where is Michele? Did she hide? Yep,there she is. One question though of Wayne. Wayne,in the both the G--I think it's primarily the GMP document,there's a sentence and it's repeated,even the advertisement,that you're going to redesignate the site from neighborhood commercial subdistrict,low residential subdistrict and high residential subdistrict.But looking at the master plan that you've crosshatched in the areas that are going to be affected I only see it on the low residential and on the neighborhood commercial. I don't see where you've impacted the high residential. MR.ARNOLD: The high residential,it's my understanding,Mr.Strain,is along our western boundary. It's a small sliver. It's hard to pick up on the scale that those exhibits are prepared at. But on the bottom of one of those--Sharon,I don't know if you can go back and--I have it right here,I'm sorry,I can go back. I have the clicker right here. If you'll look right here,that's the current existing. Up here above the top you can see that we encroach into the low residential,and on the west there's just a little tiny sliver on the west side that would be right--there you go,Sharon's got her arrow on it. That would be the impact on the high residential. There's a breakdown on the other,if you can see that. I can't read the— CHAIRMAN S TRAIN: I've seen the breakdown,I just couldn't tell on the map-- MR.ARNOLD: Okay. CHAIRMAN STRAIN: --how much of it you were taking. I understand based on your answer. And something else in relationship to the way you applied for the GMP. You applied for a modification to the State Road 29/Jefferson Avenue overlay. And I could not figure out,based on the Land Development Code,how you pulled the Jefferson Avenue overlay into the--because that's really a small piece down by the CCI section on the master plan. It's not contiguous to the State Road 29 overlay. MR.ARNOLD: Right. CHAIRMAN STRAIN: So I found out after discussions with you,but for clarity would you explain how those--the relationship between the GMP and the LDC for those two overlays? MR.ARNOLD: And it is confusing,Mr. Strain,I will agree with you. On this exhibit that references our proposed comprehensive plan amendment we've highlighted--I'm sorry about that--we highlighted the property. And the pink color that is also right there--Sharon,if you can slide your arrow to it and point to it,just on the east side of State Road 29. That's all part of the comprehensive plan designation for the State Road 29/Jefferson Avenue commercial subdistrict. And it also extends further down on State Road 29. It also extends over on the Jefferson Avenue area.Distinctly different from two overlays that exist in the Land Development Code that are also titled something very similar. And they highlight two areas that are not contiguous to us. But the future land use designation that we're amending is contiguous on the east side of New Market Road/State Road 29 intersection. Page 9 of 20 CCPC/Special Immokalee meeting April 29,2014 And,you know,we had several options that I guess we could have taken. And when we met early on with staff it was determined rather than establish a new subdistrict for this,it made more sense to just become part of one that already existed,because it allowed the intensity of land uses that we were proposing. CHAIRMAN STRAIN: And I've taken the documents that were submitted in order. So as I go through the questions,I'll probably ask something similar to this. Remember I did find the notation about the use of State Road 29 overlay, So we'll talk about it further. I wanted to get a clarification on how they're split out between the GMP and the Land Development Code right now. So thank you. And basically what you're doing is you're taking the neighborhood commercial center designation that allowed up to C-3 use,and to get to the C-4 you're taking the State Road 29 overlay and moving it up to the north side of your current request. MR.ARNOLD: That is correct. CHAIRMAN STRAIN: Okay. Thank you. I guess we're done--I've got other questions but we'll wait until staff's report. MR.YOVANOVICH: Mr.Strain,I think it might be helpful for staff and maybe for the Planning Commission to put the revised language up,because I know Michele would like to address that. So Sharon, can you-- CHAIRMAN STRAIN: Does somebody have a way to put it up? MR.YOVANOVICH: Yep. We have hard copies for you all that we'll hand to you. You don't have to- - CHAIRMAN STRAIN: That would be helpful. MR.YOVANOVICH: —crane your neck. CHAIRMAN STRAIN: I've just been told to slow down my discussion,so I will do that. I couldn't figure out why you were poking my leg,but thank you. Okay,Michele. MS.MOSCA: Good evening,Mr.Chairman,Commissioners. For the record,my name is Michele Mosca with the Comprehensive Planning Staff. Commissioners,the complete staff analysis is contained within the staff report. As outlined within the last two pages of the report,staff is recommending approval of the proposed expansion to the State Road 29/Jefferson Avenue commercial subdistrict to allow for the site to be developed with C-1 through C-4 commercial uses,which includes the large format retailer,subject to limiting the commercial development to 162,000 square feet and eliminating the requested exemptions. However,with this newly revised language,staff is in agreement with the applicant that the subdistrict text may in fact be transmitted to the state,provided that the applicant works directly with the CRA Advisory Board staff and county staff on specific standards prior to the adoption hearings. It is staffs opinion that the applicant's data analysis provided with the submittal supports the requested change for the following reasons: The data analysis identify that the proposed community commercial square feet can be supported within the Immokalee urban area.There are limited sites suitable to accommodate community commercial development,including a large format retailer such as the Wal-Mart. And there are potential fiscal and economic benefits to the community resulting from the proposed commercial development. Staff does however note that this same data analysis provided with the amendment identifies potential impacts of the proposed development on directly competing businesses within the community. Adaptation to this large format retailer entering the market is essential to these businesses maintaining or increasing sales,retaining employees and avoiding closures. Commissioners,the commercial project has the potential to benefit residents by providing additional shopping opportunities within the community,increasing CRA TIF,increasing economic output,adding jobs, and capturing consumer dollars currently leaving the community for shopping opportunities in nearby communities. Finally,this amendment is supported by the Immokalee Community Redevelopment Agency Advisory Board. Page 10 of 20 CCPC/Special Immokalee meeting April 29,2014 CHAIRMAN STRAIN: Okay,thank you,Michele. Could you,for the record,since you passed out hard copies and it's been on a screen,would you read the new Exhibit C,the language that you've now basically accepted for the transmittal? MS.MOSCA: Yes. That portion of the subdistrict located at the northwest quadrant of the intersection of Westclox Street and State Road 29 shall be rezoned in the form of a planned unit development. The PUD shall include an appropriate list of commercial land uses designed to serve the needs of the Immokalee community. Development within this portion of the subdistrict shall not be required to meet the specific architectural and site design standards for commercial development required for PUDs--I'm sorry, identified in Section 5.05.08,and the signage requirements of Section 5.06 of the Collier County Land Development Code. However,the PUD shall include specific site design and building architectural and signage standards for commercial development. There's some minor grammatical,but we'll fix that with extra periods,et cetera. CHAIRMAN STRAIN: Okay. Stan? COMMISSIONER CHRZANOWSKI: Just a question. Why did you take out be exempt from and put in not to be required to meet? What's the difference? MS.MOSCA: It's very similar. And that was staffs point as well. What we're really trying to achieve,staff's original concern was that an exemption or a blanket exemption from the site design standards prior to staff looking at them,we're concerned at how that would impact the community,the community's vision and so forth. What we've decided to do with the revised language,and it's very similar to exempt,is--I mean,it's the same thing. But what we'd like to see-- COMMISSIONER CHRZANOWSKI: That's all,stop,stop. MS.MOSCA: Is that too much? COMMISSIONER CHRZANOWSKI: TMI. MS.MOSCA: Okay. But I wanted to at least give you a little explanation. CHAIRMAN STRAIN: Anybody else have any questions of Michele? (No response.) CHAIRMAN STRAIN: Michele,in the staff report for the GMP,you produced an analysis that was probably supplied to you on Page 8 for a table titled Community Commercial Square Feet Analysis. And what I found interesting is it conveniently creates a new category of need,conveniently says that that need has not been met because they never had it before,therefore there is none,and conveniently says that the Wal-Mart will fill that need to a certain point. It just seems a little bit disingenuous to create a category just so you can say you don't have any because it wasn't used before and then turn around and say well,we can fill that need and therefore we're justified. It's almost like a circular argument. Can you--I mean,I know this wasn't the only piece of the marketing study that you reviewed. And in fact,you rejected parts of the first marketing study and asked for a lot further data that you received quite a bit. The second receipt of your data that I reviewed made a lot more sense. This was part of the first piece,and I'm still trying to understand how relevant it was to your decision in regards to the staffs findings on this market analysis. MS.MOSCA: That's a lot. Actually,this table comes directly from their resubmittal. So this is also included in their resubmittal to staff. And I can defer to Russ as well. But community commercial is a type of shopping center category. Yes,we have C-4 throughout the Immokalee urban area. There's a lot of C-4 developed. But if you notice, the majority of C-4 is linear in shape. So when you will start talking about a community commercial shopping center,that requires,for example,a higher acreage to accommodate a large format retailer. I'm not sure if that answers your question,but there are various types of shopping center categories, including neighborhood shopping center which right now there's a Winn Dixie in that neighborhood shopping center. Page 11 of 20 CCPC/Special Immokalee meeting April 29,2014 But in the Immokalee urban area,to try to have a community shopping center that can accommodate a big box retailer or accommodate a discount department store,there's just not suitable sites,or very limited sites in the Immokalee urban area. So it's really just a category of shopping center and we base our market studies on those various types of shopping centers. CHAIRMAN STRAIN: So if you had the right shape of a C-4 piece of property for 20,25,what number of acres Wal-Mart's sitting on,it would have been able to go in that C-4 property because it's zoned C-4,correct? You wouldn't need a GMPA,you wouldn't need an amendment.Zoned C-4,a big box could go there if they had a size property that could fit it without a GMP amendment. MS.MOSCA: Primarily that's correct. I mean,if you do have a--let's say you have a C-4 property that has ample acreage to accommodate a big box retailer,you may have access issues,site visibility for the retailer. I mean,there's a lot of other factors that go into that. CHAIRMAN STRAIN: I know. But the point I'm trying to make is we already allow big box retailers in C-4. You don't need to create a new category that says they're needed.Basically what we've got here is a type of big box that hasn't been existing in Immokalee before. I think the need for that may be obvious,is that when you can bring in those large retailers,large discount detailers,there's a benefit. And it's an attractor for the community as well. If there was one going in say up in Hendry County,people would be going to Hendry to utilize their facility instead of coming here.But that makes a lot more sense as an argument from a marketing viewpoint than creating a new category and then saying because it's brand new there's nobody servicing it in Immokalee,therefore we're needed. That's all I'm--the only point I was trying to make. MS. MOSCA: Okay. CHAIRMAN STRAIN: I don't find the validity in those kind of statements in the marketing study to be that useful. In another item,it's in your report concerning impact fees,basically it says staff assumes that all impact fees will be paid because of a statement made at the neighborhood information meeting. Do you know of any waivers applied for or they're requesting any waivers for impact fees? MS.MOSCA: I don't know of any waivers. But Mr.Chairman,if you wouldn't mind,could I go back and address-- CHAIRMAN STRAIN: Absolutely. MS.MOSCA: --your question regarding the C-4? Based on staff's analysis and based on the submittal,we were unable to locate a C-4 property that had the right land use designation that would accommodate this retailer. For example,you may have other C-4 properties that are located in another neighborhood center subdistrict,but that particular property would also require that Growth Management Plan change in order to allow for that use. CHAIRMAN STRAIN: Okay. And I agree with you,because I have found other properties,one zoned industrial,the other zoned neighborhood commercial,but they would have to go through the same process this property is going through. MS.MOSCA: Yes. Depending upon the designation,yes. CHAIRMAN STRAIN: Understand. Okay,we're on the same page with that. Anybody have any questions they want to-- COMMISSIONER ROSEN: Yes,Mr.Chairman. CHAIRMAN STRAIN: Go ahead. COMMISSIONER ROSEN: One question,please. Michele,I need a bit of a clarification on the paragraph C. It's really the intent of the last sentence in paragraph C that Pm kind of confused,starting with however. You know,the PUD shall include specific site design and building architectural and site standards for the commercial development. Does that sentence means that if the applicant merely comes in with their design they've met that criteria? MS. MOSCA: And I don't want to speak for the applicant,this is their language,but based on how I read the language,what it would mean is that through this Growth Management Plan text change they would be exempt from those specific sections in the Land Development Code. So the PUD would include specific Page 12 of 20 CCPC/Special Immokalee meeting April 29, 2014 standards. They wouldn't have to go through the deviations and justifications for those changes. COMMISSIONER ROSEN: So during the PUD process,staff,as well as two commissions,this commission and the county commission,can still look at the architectural standards and comment and say yes,say no comment? MS.MOSCA: Yes,that's correct. And what we've agreed to just prior to this meeting is that the applicant will in fact work with the CRA Advisory Board. Because as staff we want to make sure that any development on that site is consistent with the community's vision for that area. So in addition to working with CRA staff,county staff,then the Planning Commission and the Board,staffs recommendation may change at adoption hearings should staff not be in agreement with the architectural features as well as the CRA staff being in agreement with those. COMMISSIONER ROSEN: Thank you very much. MS.MOSCA: You're welcome. COMMISSIONER ROMAN: I have a question,Michele. CHAIRMAN STRAIN: Go ahead,Charlette. COMMISSIONER ROMAN: I'm a little pn7z.led by the exemption to the codes,and I'm trying to wrap my head around what it gains for the project and the applicant. Can you comment on that? MS.MOSCA: Generally I can. I mean,what they do is they start with a clean slate. We have specific requirements within the LDC that all projects must meet. And during,for example the PUD rezone, if a developer wants to deviate from any one of those for example architectural design guidelines,they have to provide the justification within the PUD and then that comes forward to all of you folks for recommendation. This would exempt them from having to do all of those deviations and providing for justification within the PUD. What it would allow them to do is start with a clean slate so they can develop their own design standards,architectural design standards,as well as signage standards and bring those forward to staff, Planning Commission and the Board for-- COMMISSIONER ROMAN: So does this speed up the project? Is this the bottom line? MR.YOVANOVICH: Is it okay if I— CHAIRMAN STRAIN: Yes,go ahead. MR.YOVANOVICH: One,it speeds up the project. Two,it makes sure we get the right architectural design for the site. I would hate to have missed a section in the architectural standards and didn't ask for the deviation in the PUD and have to come back.We'd rather just start with here's what the building's going to look like,here are the words that make sure the building looks like this and not worry about did I miss something in the deviations that I needed to ask for. COMMISSIONER ROMAN: Thank you. CHAIRMAN STRAIN: As a further point of clarification,we've had numerous applications come in to the county from national chains that have a form of branding. When they do their painting,when they do their striping on their building,their signs. Well,their national branding has not always been consistent with our architectural standards and it's posed a series of problems. And I think the national way that Wal-Mart poses its structures throughout the country has the same challenge in regards to that issue. That's probably part of the reason why they want to do their architectural standards. And as the history of Immokalee,and I have been involved in it for a long time regarding Land Development Code,they've repeatedly tried to move away from the urbanized architectural standards that we have along the coast to something more attune to the Immokalee area,so this would provide that opportunity. COMMISSIONER ROMAN: Yeah,that makes sense now. Thank you. CHAIRMAN STRAIN: Michele,I have no other questions of you,if that's-- MS.MOSCA: Okay. CHAIRMAN STRAIN: Kay,do you want to say anything in regards to the zoning document? MS.DESELEM: Yes. Good evening. For the record,Kay Deselem with Zoning Services. And Reed Jarvi is also here if you have transportation issues. Page 13 of 20 CCPC/Special Immokalee meeting April 29,2014 You do have the staff report. It is last revised 4/15/14. And without going into a great deal of detail,one thing I did want to make clear,that in anyplace where there's a reference to the consistency recommendation by staff,I would defer it to what is shown on Page 9 as rezone finding number one. So that which is shown prior to that would divert to that. And I do apologize that there's some difference in the staff report and the PUD document as far as deviations and exemptions.We're still working through that. And they will probably be referred to henceforth as exemptions rather than deviations. And as this comes back to you, if our recommendation is indeed adopted by this board and the Board of County Commissioners,we would address them as part of that. And our particular recommendation is,as you know,that the zoning and land development services staff recommends that the petition be continued to adoption hearing to allow the applicant to provide the required transportation information,and in addition to that the exemption information that we need regarding the architectural and signage. And if you have any questions,I'd be happy to address them. CHAIRMAN STRAIN: Anybody have any questions of Kay? (No response.) CHAIRMAN STRAIN: Kay,I have a couple but you know I just found something that I was going to ask of you but I think its a Michele-ism. COMMISSIONER EBERT: A Michele-ism? CHAIRMAN STRAIN: A Michele-ism. It's under the Growth Management Plan consistency discussion under the future land use element. And it's on Page 3 of the staff report below the picture for the subject property. About the fifth line down it starts at the end,the LAMP,which is the Immokalee Area Master Plan, limits commercial development such as the proposed large format retail center,to certain designations within the Immokalee urban area. Again,I'm going back to the idea that the large format retail center could go in existing zoning locations anywhere there's a C-4 zoning. MS.MOSCA: Actually,the land use designation on the Future Land Use Map would have to allow that. CHAIRMAN STRAIN: Right. But it would have—so any overlay that includes C-4 zoning would basically work,as long as it's C-4. MS.MOSCA: I would have to look at that specifically. If there's a cite that you-- CHAIRMAN STRAIN: No,but I'll look at it in that regard. Between now and adoption I wanted to check for some other cites. MS.MOSCA: I guess what I want to say is that if you have commercial development,I mean,you have commercial zoning,for example,C-4--and David may have to weigh in on this--but it should be already consistent with the future land--with the Immokalee Area Master Plan and the Future Land Use Map. CHAIRMAN STRAIN: Okay. I know what you mean. That's why--but I needed some clarification on the C-4. I've got it. Kay? MS.DESELEM: Yes,sir. CHAIRMAN STRAIN: Part of your report before your staff recommendation,and it's on Page 7,it talked about other sign variances for Wal-Mart stores in Collier County,and it mentioned an additional in one store 138 plus or minus square footage and in 100 more square feet. But this one looks like it's asking for hundreds of more square feet. Is that a right correct assumption? Or how does that-- MS.DESELEM: At this point I really don't know what they're asking for. CHAIRMAN STRAIN: Okay. So maybe based on--Wayne,when you guys come back with the finalized zoning document for adoption,you could identify how the signage that you're asking for at this Wal-Mart compares to the other ones in the county. And since they've already been approved for greater signage,that would be helpful to support your position. Page 14 of 20 CCPC/Special Immokalee meeting April 29,2014 And let me go through. I found some errors in the PUD,but on the basis of it being a draft,I'm just not going to get into those tonight because I'm sure they're going to be corrected. I've already pointed them out to the applicant. I'll just move on to anything that I haven't--that is not in draft format. And I don't really have any. That takes care of it. Maybe Reed can come up,as a member of staff and transportation. MR.JARVI: Reed Jarvi,for the record. CHAIRMAN STRAIN: Reed,if the light is determined to be needed on either of the locations for this,well,let's say on the south location,because that's the one they'd have a pro rata share on,how is it the state doesn't have the money to pay for their balance of the light but yet it's needed,how does that happen? MR,JARVI: Well,the state won't put it in until they have the money. They'll program it. It will be programmed through the normal DOT process. It could be five years from now. CHAIRMAN STRAIN: Okay. So if the warrants are triggered to need that light sooner because the Wal-Mart will be ready in about a year,so we've got a traffic situation from the time they trigger the warrants until the state finds the balance of the money that's not part of their pro rata share? MR.JARVI: Correct. CHAIRMAN STRAIN: So the community could be exposed to a period of time when a light is needed but can't be paid for. MR.JARVI: Yeah. Please understand,being it's warranted it meets minimum standards. It doesn't necessarily mean the intersection is failing necessarily. But it's saying that it meets minimum standards to warrant a traffic signal. You can still warrant--an intersection can warrant and not be recommended for a signal for many reasons. So it's not necessarily,you know, it warrants a signal and everything falls apart and we don't go anywhere from there,but the state,when it would be warranted,they would look at planning dollars. Sometimes they have--typically they,like a lot of municipalities,will,you know,estimate high so there's leftovers. There is leftovers.They want to estimate high to make sure there's nothing that goes over budget. And at the end of each fiscal year they'll reconcile that.And there may be dollars available. It happens--you know,I've been here two years,a little over two years,and it's happened every year that also when projects came on at the end of the fiscal year. So there are let's just say pots of money that may be available to go faster than a five-year plan cycle. CHAIRMAN STRAIN: Well,I understand exactly what you're saying. This idea that it may be available means it might not be. MR.JARVI: Might not be,that's correct. CHAIRMAN STRAIN: My concern is if they've got the traffic warrants--I've dealt with the DOT on an intersection myself and I believe there were three standards for warrants. One was volume,and that was taken by the tubes they run across the road and they count traffic. Another was the number of accidents. If you had an excessive amount of accidents,you've met the warrants. MR JARVI: Correct. CHAIRMAN STRAIN: I forgot what the third one-- MR.JARVI: There's actually--Jim? MR.BANKS: One is volume. MR.JARVI: Yeah,there's several of them.Typically it's the volume and the accidents are the ones that are-- CHAIRMAN STRAIN: So this intersection proves to be problematic and it starts having a lot of accidents,but because the state can't cover its fair share of the light,the light doesn't go in until the state has the money.Then we have an applicant willing to pay their fair share but we still don't have a light in an area that was frequented by accidents because the warrants would now prove it. Under those conditions is there any way that we can structure some compromise with the applicant between now and the adoption or the fmal--the rezone to make sure that if the warrants justify a need,it's done? Page 15 of 20 CCPC/Special Immokalee meeting April 29,2014 And I'm just suggesting that to you because you're going to be reviewing the documents in their final form,and it would be better for you to come prepared for that now than wait'til the last minute. MR.JARVI: We'll discuss that with the applicant through the rest of the PUD process so we have something at the PUD proposal,or the final PUD document. CHAIRMAN STRAIN: Okay. Does anybody have any other questions of Reed or anybody else on staff? (No response.) CHAIRMAN STRAIN: Are there any questions of anybody by the Planning Commission at this point before we go to public speakers? (No response.) CHAIRMAN STRAIN: Cherie',are we doing okay for a break,or do you need one? THE COURT REPORTER: I'm fine,thank you. CHAIRMAN STRAIN: You're okay? THE COURT REPORTER: Yes,thank you. CHAIRMAN STRAIN: Okay. With that,we'll take public speakers now. Anybody wishing to speak in this matter just raise your hand and come forward and use this microphone. All you've got to do is tell us your name and most likely if it's a complicated last name,spell it. And we'd like to hear what you've got to say about this project. Does anybody wish to speak? Come on up, one at a time. Oh,Fred. Now Fred's a real short speaker. MR.THOMAS: For the record,Fred Thomas,Fred N.Thomas,Jr.,of Immokalee. A lot of people don't understand how Immokalee has been changing here recently. And we're no longer just a neighborhood town providing a work force for the rest of the world,we're becoming a destination point from a tourist standpoint. And with this Wal-Mart,that would add to us becoming a major destination point for a lot of folks coming from around here where they can come here and shop and do other things in our community. So anything you all can do to expedite and make it possible for them to come,okay,it would be appreciated. And I personally want to thank you for letting them come so I won't have to go all the way to Naples. I can walk from my house up to the Wal-Mart,get one of their carts,hopefully they won't have a lock on it, and let me walk on back. Okay? So I want to thank you for anything you do to move ahead with it and anything I can do to help you out,just let me know. Thank you. CHAIRMAN STRAIN: Maybe they'll have a cart with your name on it,Fred. MR.THOMAS: Thank you. CHAIRMAN STRAIN: Thank you. Next speaker? Go ahead,sir. MR. SAINTEUS: Hello. My name June Sainteus. CHAIRMAN STRAIN: Can you spell your name,sir,for the court reporter so she gets your name right. Just spell your last name. MR. SAINTEUS: My last name, S-A-I-N-T-E-U-S. CHAIRMAN STRAIN: Thank you. MR. SAINTEUS: Okay. This is more important at this time is Orva(phonetic). Is lot of people make accident is no good driving.Go to Wal-Mart,Lee and Naples,some like two,three people die. Is more important for Wal-Mart sepose(phonetic)more. If Wal-Mart is truthly(phonetic),that's why if you come on Sunday,you get more people.Only parking now impact the men come at 5:00 and make a work by 6:00. That's why it's no(unintelligible). It's more important is Immokalee sepose Wal-Mart's sepose come in more good. The Winn Dixie now is kill people. It's a lot of people want to pay money to some like packing house,6-L,block S (phonetic),whatever did. That's why people scared to say nothing. Its time is over. That's all. CHAIRMAN STRAIN: Thank you. Page 16 of 20 CCPC/Special Immokalee meeting April 29,2014 Anybody else wish to speak? Sir,come on over. CHIEF ANDERSON: I didn't get sworn. (Chief Anderson was duly sworn.) CHIEF ANDERSON: Paul Anderson. Pm the fire chief here in lmmokalee. First I've got a couple of topics. The first one is for the Land Development Code. I wholly agree that they not be required to comply with the current code in Collier County.Collier County is a perfect example where one size fits all does not work. I think we can all agree that the demographics in Immokalee are quite different than the demographics of Naples or the coast. So there needs to be something done. I know there's a hearing coming up for the Land Development Code for revisions. So I hope they are open to doing things for Immokalee. I know some of the stringent parts of the code as far as architecture and signage increase the cost of construction,which there's no need for that in Immokalee. Now,the other thing is the traffic signal at 29 and Westclox. I would like,for a public safety standpoint,to request that the board not approve the project unless there is language in place that there's a fully functional traffic signal prior to the opening for business. That intersection is a concern already. They're not going to build a Wal-Mart without being able to make money to pay for it.That's going to create quite a bit more traffic. I don't know if there's--there should be a way to do it in the PUD. I don't know if the—when the parcel for the building itself is developed will involve a conditional use permit. But I'm sure if there is a CUP involved,the traffic signal could be part of that as well. I just--there is a concern with the state money and funding for it being pushed out. There's no way to guarantee when it's going to be put in. And I don't believe,as far as the safety concern,that the community should have to wait until the state finds money to put it in. I believe the--that's just part of doing business in a project like this. CHAIRMAN STRAIN: And I--that's why the question was raised a little earlier. Just to let you know,tonight's decision will be just on what's called the Growth Management Plan Amendment. It will not be the rezone. The rezone is the PUD. You referenced a conditional use. This is going to be a planned unit development. That document won't be finalized for months from now. And part of that effort to finalize it was addressing the traffic concerns. I made it clear to the applicant based on prior discussion it's something they need to consider. The other side of it is,and I think both the traffic people here tonight will probably confirm it,that even if we want a light to go in,we can't do it until the state decides the warrants are there. The part that we might be able to do is figure out some way to cover the payment early if the warrants are there before the state can afford it. And that's what I'm hoping will come out,at least between now and the adoption hearing. So that hopefully will--it will address your concerns partly,but to say that they've got to put a light in when they open,that I don't believe is going to be our decision.That's the state's decision. And I'm seeing a nod of the heads yes from our transportation people. So we're kind of--we're out of that loop. I myself on a project tried to do that,and you can't move the state. It's almost like the federal government,they don't move too fast. And they're very difficult to push. So we'll do our best. CHIEF ANDERSON: Okay. Well,I believe the state is already open to putting a signal there. They just are probably going to say they don't have the funding until a later budget. CHAIRMAN STRAIN: Well,and that's the part that we're going to have to deal with by the time the PUD comes back in its final form. CHIEF ANDERSON: It will be,from my experience,I've been in the fire service for 32 years,it's a significant safety concern for me to have that project open with the additional traffic without a signal there. CHAIRMAN STRAIN: Appreciate you pointing it out. Because that just highlights it more for the applicant to address it,thank you. Is there anybody else from the public that would like to speak? Yes,ma'am. MS.GOLDEN: Hi. I'm Susan Golden. I'm the executive director of Immokalee Housing and Family Services. I'm not an Immokalee resident,I live in Naples,but I'm out here five or six days a week. And I don't want to presume to speak for the Haitian gentleman that was here earlier,but I think part of his point--I see Page 17 of 20 CCPC/Special Immokalee meeting April 29,2014 him now in the very back. Part of his point was that one of the reasons.that we don't have the kind of turnout tonight that we had at the neighborhood information meeting is because people are working. Many of my residents,I have 125 apartments that I'm responsible for in Immokalee,most of those residents are still either working in the fields until close to 7:30, 8:00 at night or they're working in the packing houses in the evening. I did have residents that attended the neighborhood information meeting,and the 125 residents that I represent are very supportive of the Wal-Mart. They are concerned about the traffic issues,specifically Westclox and 29. That particular site is about a mile from one of my properties. But they're excited about the opportunities that Wal-Mart will bring to the community. And I hope that you can support the staff recommendations. CHAIRMAN STRAIN: Susan,your name is--I recall your name from somewhere. Were we on a committee or something together years ago? MS. GOLDEN: Affordable Housing Committee with Karen and Fred. And I worked at the county and I worked at the city. CHAIRMAN STRAIN: I thought so. Okay. MS.GOLDEN: I've been around for a long time. CHAIRMAN STRAIN: As I get older my memory isn't quite as good as it should be. Does anybody else wish to speak on this item tonight? We're here to listen to you if you have anything to say. Sir? MR.GONZALES: My name is Daniel Gonzales,I'm from Lozanos Mexican Restaurant on Inunokalee Road. As a manager and owner of a business,any little business in this town,believe me,it helps. I know there's been talk that,you know,Wal-Mart's going to ruin the other businesses,small business mom and pops. It doesn't. Because a lot of that stuff that I buy from Wal-Mart, I can't buy it here. It's not like I--you know,they don't have all the products that mom and pop stores what we need. So I've got to run to Sam's in Fort Myers and Lehigh twice a week. And the stuff that we just can't find here. It's not like we don't want to go shop here,it's just they don't have the stuff here.It's not price-wise. I mean,everybody--it's a business. Everybody's got to be competitive.You've got 99 cents burgers,well,we've got to have them a$1.00. So that's the way it is. I do support the Wal-Mart. I live down on Jefferson. Traffic,it is pretty bad on 29.When I go up, you know,up in the morning on 29 to 82,it's pretty bad. But that's everywhere you go. So a light will work on 29 and Westclox. And that's got to happen sooner or later. Because I've seen accidents happen.You can hear them when they crash,you can hear them from down in the house I live. But other than that,as an owner I will support Wal-Mart or whoever it is. If Wal-Mart brings more tenants to the plaza or they decide to build more plazas,it's good for the town.Main Street,it's any--you know,shape up a little bit. Main Street,some of these stores that have been there 50 years,seems like they're still there 50 years. A lot of these owners here in town don't want to fix up the places. We've done a lot for our restaurant.We've been in business 17 years. Every year we fix up our place. Down the road they made a brand new restaurant down the road next to us next door. So we have to stay in business with them. We've got to compete. We've got to shape up. We employ 25 people. For a restaurant, that's a lot. That's a lot of people. But we enjoy it working in the restaurant business,and we enjoy. Immokalee.Born and raised here. My kid goes to school here. I live here all my life. So this is new and this is good,and I hope it happens in a year or two years. But Fm all supportive,and good luck if they come here. Thank you. CHAIRMAN STRAIN: Great. Thank you for your input. Anybody else like to speak? (No response.) CHAIRMAN STRAIN: Okay,Richard,do you want to make any closing statements? Or I'm not sure why you'd want to make a rebuttal,but you're more than welcome to. MR. YOVANOVICH: I know you want me to say something,but— CHAIRMAN STRAIN: No,you don't have to. MR.YOVANOVICH: --we're fine. I think we'll--if you have anymore questions,we're happy to Page 18 of 20 CCPC/Special Immokalee meeting April 29,2014 answer any questions. CHAIRMAN STRAIN: Anybody on the panel have any questions at all remaining? (No response.) CHAIRMAN STRAIN: Okay,with that we'll close the public hearing and entertain a motion from a member of the Planning Commission. And if you make a motion in favor of a recommendation,please consider the revised language that was put up on the overhead and passed out to us,the amended language of the GMPA. And we are only discussing the GMPA for tonight regarding a motion. Anybody? COMMISSIONER ROSEN: Mr.Chairman,Pll make a motion to approve the GMP as presented tonight. Pm struggling to find the number so I have the number correct. CHAIRMAN STRAIN: Pll read the number.It's PL20130001345/CP2013-8. COMMISSIONER ROSEN: That one. COMMISSIONER ROMAN: Pll second it. CHAIRMAN STRAIN: Motion made and seconded. Now,is that in regards to the amended language that was handed out and put in the overhead this evening and read into the record? COMMISSIONER ROSEN: Yes,sir,that is correct. CHAIRMAN STRAIN: Does the second agree? COMMISSIONER ROMAN: Yes. CHAIRMAN STRAIN: Any further discussion? (No response.) CHAIRMAN STRAIN: I'm going to vote in favor of the motion. I think that between now and the PUD rezone,some of the issues that we brought up tonight hopefully will be worked out. I am voting in favor of the GMP amendment not because of the market study which I don't find is relevant to the needs for Immokalee as the bear fact that we need a big box out here and I think it will do fine. So with that,I'll call for the motion.All those in favor,signify by saying aye. COMMISSIONER DOYLE: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER ROSEN: Aye. COMMISSIONER CHRZANOWSKI: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Ladies and gentlemen,thank you for your attendance tonight. I also want to thank the school board and all the members of the school staff who worked and helped us here tonight. David? MR.YOVANOVICH: Mr. Strain? COMMISSIONER HOMIAK: We have to continue. MR.WEEKS: Do you need to formally continue the rezone? MR.YOVANOVICH: What's that I was going to ask,do you need to formally continue. CHAIRMAN STRAIN: Well,is there a motion to formally continue the rezone to the adoption hearing? COMMISSIONER HOMIAK: I'll make that motion. COMMISSIONER EBERT: And I'll second it. CHAIRMAN STRAIN: Made by Commissioner Homiak,seconded by Commissioner Ebert. All in favor,signify by saying aye. COMMISSIONER DOYLE: Aye. Page 19 of 20 CCPC/Special Immokalee meeting April 29,2014 COMMISSIONER EBERT: Aye. COMMISSIONER ROSEN: Aye. COMMISSIONER CHRZANOWSKI: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Again,thank you all,and I very much appreciate all the school board's assistance and help tonight to get us here where we are today,and their staff. It was a great meeting. Thank you. ******************** There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 6:45 p.m. COLLIER COUNTY PLANNING COMMISSION 1 s , . j,(itr MARK STRAIN,Chairman These minutes approved by the board on as presented L or as corrected . Transcript prepared on behalf of Gregory Reporting Service,Inc., by Cherie'R.Nottingham. Page 20 of 20