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Agenda 05/22/2012 Item #14B15/22/2012 Item 143.';.. EXECUTIVE SUMMARY Recommendation that the Collier County Board of County Commissioners review CRA staff recommendations concerning the proposed plan of action for community education and request for reconsideration of the GMP (CP- 2008 -5 - the Immokalee Area Master Plan, and the Immokalee Area Master Plan Future Land Use Map) amendment petition in accordance with the revised Ordinance 75 -16 for reconsideration of land use matters; and include as part of the vote a date and time certain on which the action or petition will be reconsidered. OBJECTIVE: To receive Collier County Community Redevelopment Agency (CRA) direction concerning the community presentations and re- submission of the above referenced amendment petition. BACKGROUND: The Immokalee Area Master Plan (TAMP) was originally developed in 1988, as mandated by Policy 6.4 of the Future Land Use Element of the Collier County Growth Management Plan (GMP). Work on the original TAMP began with the appointment of a Technical Advisory Committee in November 1988. The Collier County Commissioners adopted the TAMP, as an element of the County's GMP, on February 5, 1991. The first set of amendments to the TAMP, involving changes to the text and the Future Land Use Map (FLUM), were adopted in 1993. In 1996, based on the recommendations contained in the Collier County Evaluation and Appraisal Report (EAR), Comprehensive Planning staff initiated amendments to the IAMP. Unlike the 1988 -1991 process, the process initiated in 1996 did not involve an advisory board specific to the Immokalee area. The IAMP amendments were formulated and reviewed by planning staff, aided by the Evaluation and Appraisal Advisory Committee, which also helped ,planning staff formulate and review amendments to other Elements of the GMP. The EAR - based amendments affected virtually the entire IAMP, including the FLUM. Based upon the EAR recommendations, in October 1997, the BCC adopted an Ordinance enacting the revised IAMP. The BCC adopted the second EAR for the GMP on July 2004. The EAR called for revisions to the IAMP to be prepared as part of the subsequent County's EAR -based amendments. During 2003, the BCC authorized the Comprehensive Planning staff to prepare recommendations for revising the 1997 IAMP. Subsequently, the BCC authorized the creation of an advisory committee, the "Immokalee Area Master Plan Restudy Committee (Restudy Committee) ", to work with planning staff in making proposed revisions to the IAMP. The Restudy Committee, assisted by Comprehensive Planning staff, submitted recommendations to the EAR (for recommended amendments to the IAMP), in November 2003. However, during the performance of its tasks, the Committee determined that a longer, more intensive restudy of the IAMP was necessary. Therefore, the IAMP Restudy Committee expressed a desire to extend the life of the Committee so it could continue to assist the BCC with the implementation of the IAMP. The re- established Committee was named the "Immokalee Area Master Plan and Visioning Committee ( IMPVC)." The BCC adopted Ordinance 04 -62, sun setting the Restudy Committee and creating the IMPVC on September 28, 2004. Packet Page -801- 5/2212012 Item 14.E . `� . One of the Committee's first official acts was to direct stafff to prepare a Request for Proposal and Scope of Services to hire a consulting firm that would assist the IMVC in revising the TAMP. The CRA hired the consulting form of RMPK Group and worked for a period of over four years conducting public meetings, collecting and analyszing data, and drafting revisons to the IAMP. This firm produced a study entitled the "Immokalee Inventory and Anaylysis Report" in May of 2006, but relinquished their services to the CRA in 2007. RWA, Inc. was then hired and served as the agent for the proposed amendments to the IAMP. The IMPVC sunsetted on December 31, 2009 by Resolution 2009 -306. Several Elements of the GMP, including the IAMP, were amended in 2008 when the County included a new Element to the GMP, the "Public School Facilities Element." This new Element was a requirement of the Florida Statutes at the time of adoption. Many times, the GMP is amended when amending other Elements of the GMP so as to keep consistency and integrity of all the Elements. The changes are included in Ordinance 08 -55 (last page), and are only in regard to the Public Schools Facilities Element. CONSIDERATIONS: Early in 2008, the Immokalee CRA office was created and staffed and the CRA contracted with RWA, Inc. to finalize the Immokalee Area Master Plan (IAMP). The plan was submitted in December of 2008 to the Collier County Community Development and Environmental Services Department (CDES) for review as a Comprehensive Plan Amendment. On June 23, 2009, the Collier County BCC memorialized a schedule of hearings for the IAMP toward submittal to the Florida Department of Community Affairs (DCA). One year later on June 22, 2010, the IAMP was approved by the BCC and conveyed to DCA on June 29, 2010. Collier County received the DCA Objections, Recommendations and Comments (ORC) Report on September 7, 2010. The CRA response to the ORC was reviewed by both the Environmental Advisory Committee and the Collier County Planning Commission. The CRA Advisory Committee held a final public meeting on April 20, 2011, voting to make certain changes to the IAMP and recommending approval of the revised version to the BCC. The IAMP was to be presented for final approval on May 24, 2011. The BCC continued the item indefinitely. The CRA made an attempt to gain approval for the IAMP at the December 13, 2011 meeting of the BCC. It was not approved at that meeting. The Florida Department of Economic Opportunity (DEO) extended the timeframe provide in the Florida Statutes to adopt the amendment to September 27, 2012; and the extension was granted within 6 months following the denial of the original petition, as provided in Ordinance 76 -16. Commissioner Tom Henning conducted a public meeting in Immokalee January 13, 2012 with Bob Mulhere and Nick Casalanguida. The recommendations from that meeting are included in the proposed plan of action listed below as well as recommendations from Commissioners Coyle, Fiala and Coletta. On March 27, 2012, the BCC authorized an Ordinance, amending Ordinance No. 75 -16 as Amended, in order to revise procedures for reconsideration of Land Use matters. This action will allow the CRA to bring back the Immokalee Area Master Plan Amendment for rehearing by the BCC. Packet Page -802- 5122/2012 Item 143.1. Recommended Plan of Action 1. Conduct several meetings. in Immokalee to re- educate the general population of the goals and proposed actions contained in the TAMP. 2. Conduct three public meeting wherein the current FLUM and the proposed FLUM are enlarged and proximately displayed. Assist residents with locating their properties and identifying any changes or potential changes to their individual properties. The dates proposed for the public meetings are May 9, 23, and 30, 2012. 3. Document all public questions and responses, post to the web site. 4. Display the current TAMP with the current FLUM on the www.immokaleetoday.com web site in a manner to provide for a comparison between the current and the proposed [AMP. 5. Display the proposed IAMP with boxes that show the changes made to the current TAMP. 6. Provide for a BCC meeting to be held in Immokalee to reconsider adoption of the IAMP Amendment to the Collier County Comprehensive Plan (suggested date June 26, 2012 and provide a time certain of 6:00 PM). The final scheduled date, time and location for this hearing will be discussed and determined during the presentation of this item. FISCAL IMPACT: The total cost of the proposed activities shall not exceed $15,280. Sufficient budget exists in Fund 186 to fulfill the proposed plan. The activities would include: consulting services for GIS Mapping services, preparation of comparative land use analysis and addressing misinformation, conducting 3 public meetings in Immokalee, and potential CCPC and BCC Hearings. CONSISTENCY WITH GROWTH MANAGEMENT PLAN: The proposed activity furthers the programs and projects within the budgetary and policy guidance and directives of the Community Redevelopment Agency and the Board of County Commissioners in furtherance of Policy 4.2 of the Future Land Use Element of the Growth Management Plan which reads in pertinent part as follows: "...The Immokalee Area Master Plan addresses conservation, future land use, population, recreation, transportation, housing, and the local economy. Major purposes of the Master Plan are coordination of land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of economic development." LEGAL CONSIDERATION: The Reconsideration Ordinance, as recently amended, provides in relevant part as follows: Request for Reconsideration by Petitioner. A request for reconsideration may be made only by the petitioner. The petitioner may request reconsideration of a petition in writing to the County Manager no later than 15 days from the date of the Board's action denying the original petition. Except as provided below, this request shall be jurisdictional, and no motion for reconsideration may be made by any member of the Board where such a request was untimely. If State or Packet Page -803- 5/22/2012 Item `) 4.Ei.11, . Federal submission and /or approval schedules pertaining to the petition are extended within 6 months following the denial of the original petition, upon Public Petition initiated by the petitioner, the Board may extend petitioner's request for reconsideration by majority vote, and on a second motion made by any Commissioner, place the issue of reconsideration for a date certain on which the action or petition will be reconsidered, but in no event shall such reconsideration take place less than 14 days nor more than 45 days from the date the motion to reconsider is adopted. If a majority of the Board wishes to reconsider and rehear this matter, the June 26, 2012 proposed rehearing date falls within the provisions of the Ordinance. -JAK RECOMMENDATION: Recommend the Collier County Board of County Commissioners review CRA staff recommendations concerning the proposed plan of action for community education and request for reconsideration of the GMP (CP- 2008 -5 - the Immokalee Area Master Plan, and the Immokalee Area Master Plan Future Land Use Map) amendment petition in accordance with the revised Ordinance 75 -16 for reconsideration of land use matters; and include as part of the vote a date and time certain on which the action or petition will be reconsidered. PREPARED BY: Penny Phillippi, Executive Director Collier County Community Redevelopment Agency - Immokalee Packet Page -804- 5/22/2012 Item 143. 1. COLLIER COUNTY Board of County Commissioners Item Number: 14.B.1. Item Summary: Recommend the Collier County Board of County Commissioners review CRA staff recommendations concerning the proposed plan of action for community education and request for reconsideration of the GMP (CP- 2008 -5 - the Immokalee Area Master Plan, and the Immokalee Area Master Plan Future Land Use Map) amendment petition in accordance with the revised Ordinance 75 -16 for reconsideration of land use matters; and include as part of the vote a date and time certain on which the action or petition will be reconsidered. Meeting Date: 5/22/2012 Prepared By Name: PhillippiPenny Title: Executive Director, lmmokalee CRA, 4/20/2012 8:54:55 AM Submitted by Title: Executive Director, lmmokalee CRA, Name: PhillippiPenny 4/20/2012 8:54:56 AM Approved By Name: KlatzkowJeff Title: County Attorney Date: 5/9/2012 1:29:56 PM Name: KlatzkowJeff Title: County Attorney Date: 5/9/2012 1:49:15 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 5/12/2012 3:08:46 PM Packet Page -805- Name: KlatzkowJeff Title: County Attorney Date: 5/14/2012 1:07:29 PM Name: OchsLeo Title: County Manager Date: 5/15/2012 3:28:32 PM Packet Page -806- 5/22/2012 Item