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Agenda 01/26/2021 Item #17B (Resolution PL20180002233/CP-2019-1)01/26/2021 EXECUTIVE SUMMARY Recommendation to approve a Resolution of the Board of County Commissioners proposing amendment to the Collier County Growth Management Plan, Ordinance 89-05, as amended, specifically amending the Future Land Use Element and map series to create the NC Square Mixed-Use Overlay on land in the Agricultural/Rural Designation and Rural Fringe Mixed Use District-Receiving Lands Overlay to allow up to 44,400 square feet of commercial uses, a 12,000 square foot daycare limited to 250 students, and a maximum of 129 residential dwelling units and furthermore directing transmittal of the amendment to the Florida Department Of Economic Opportunity. The subject property is 24.4± acres and located at the southwest corner of Immokalee Road and Catawba Street approximately 1.6 miles west of Wilson Boulevard in Section 29, Township 49 South, Range 27 East, Collier County, Florida. (Transmittal Hearing) [PL20180002233/CP-2019-1] OBJECTIVE: For the Board of County Commissioners (Board) to approve the single petition to the Collier County Growth Management Plan (GMP) for transmittal to the Florida Department of Economic Opportunity and other statutorily required review agencies. CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government’s adopted Comprehensive Plan. • Collier County Resolution No. 12-234 provides for a public petition process to amend the GMP. • The Collier County Planning Commission (CCPC), sitting as the “local planning agency” under Chapter 163.3174, F.S., held their Transmittal hearing for the 2019 Cycle 1 petition on September 17, 2020 and November 19, 2020 (one petition only, PL20180002233/CP-2019-1). • This Transmittal hearing for the 2019 Cycle 1 petition considers an amendment to the Future Land Use Element (FLUE). The GMP amendment proposes the new NC Square Mixed-Use Overlay in the Rural Fringe Mixed Use District (RFMUD) Receiving Lands that would require a minimum of 120 to a maximum of 129 residential units (gross density of 5.29 dwelling units per acre (DU/A); utilize a [nonstandard] Affordable Housing Density Bonus Agreement to achieve all density in excess of the base density of 1 DU/5A or 4 total DUs, to be adopted with the companion Planned Unit Development (PUD); and, allow a maximum of 44,400 sq. ft. of C-2, and select C-3 commercial uses, as identified in the implementing PUD ordinance. This request also recognizes a daycare use with maximums of 250 children and 12,000 square feet (sq. ft.) of floor space. The use of Transfer of Development Rights credits (TDRs) are not incorporated into this proposal, and the Subdistrict is not eligible to add residential density with TDRs at the PUD stage. The subject property is ±24.4 acres located at the southwest corner of Immokalee Road and Cata wba Street, ±3.4 miles east of Collier Boulevard (CR 951), ±1.6 miles west of Wilson Blvd., opposite Twin Eagles, in Section 29, Township 48 South, Range 27 East. This petition seeks to establish an Overlay designation in the Future Land Use Element (FLUE) by amending: 1) Policy 1.9, to add the new NC Square Mixed-Use Overlay; 2) Overlays and Special Features, to add the new Overlay provisions; 3) Future Land Use Map Series list, to add the title of the new Mixed-Use Overlay inset map; 4) Countywide Future Land Use Map to depict the Overlay; and, 17.B Packet Pg. 1021 01/26/2021 5) Future Land Use Map Series to add an inset map depicting the Overlay site. The Overlay text, Countywide Future Land Use Map, and FLU Map Series inset map proposed by this amendment are found in Resolution Exhibit “A”. Based on the review of this petition, including the supporting data and analysis, staff made the following findings and conclusions: • The subject site and surrounding lands are designated Rural Fringe Mixed Use District Receiving Lands; the Urban designated area is ±2.4 miles to the west. • This petition proposes to require a minimum of 120 to a maximum of 129 dwelling units (5.29 DU/A) with the net effect being an increase of 125 DUs. All density above the 4 base dwelling units (0.2 DU/A) is subject to approval of an affordable workforce housing agreement, companion to the rezone petition. • This petition proposes 44,400 sq. ft. of neighborhood commercial uses (C-1 and C-2 and limited C-3). • This petition also recognizes a daycare use with maximums of 250 children and 12,000 square feet (sq. ft.) of floor space, which is allowed under the existing FLUM designation and zoning by conditional use. • Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum density of 1 DU/5 Acres (0.2 DU/A) ‒ or up to 1 DU/A via use of TDRs if >40 acres in size; agricultural uses; essential services; institutional uses by conditional use (e .g. day care center, ALF, church). The use of TDRs is not incorporated into this proposal. • The subject site fronts Immokalee Road (CR 846), a 6-lane divided arterial road, and County water and wastewater service is available to the site. • There are no issues or concerns regarding LOS impacts upon public infrastructure. • The applicant is required to work with the Florida Forest Service and the Managers of any adjacent or nearby public lands to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. Applicable elements of this plan must be incorporated into the companion PUD. • Commitments must be made part of the companion PUD to distribute the “A Guide to Living in Bear Country” to future commercial business owners and residential homeowners, as well as to construction/maintenance personnel, and utilize bear-proof dumpsters. • Community and Human Services staff are supportive of the affordable workforce housing component of this petition, as it is generally consistent with Board direction to implement the Community Housing Plan. • This petition does not propose the use of TDRs for the density increase, and therefore does not further the RFMUD goal of protecting natural resources in Sending Lands. FISCAL IMPACT: No fiscal impacts to Collier County result from this amendment, as this approval is for the transmittal of this proposed amendment. Petition fees account for staff review time and materials, and for the cost of associated legal advertising/public notice for the public hearings. GROWTH MANAGEMENT IMPACT: Approval of the proposed amendment by the Board for transmittal and its submission to the Florida Department of Economic Opportunity and other statutorily required review agencies will commence the Department’s thirty (30) day review process and ultimately return the amendment to the CCPC and the Board for its Adoption hearings tentatively to be held in early 2021. 17.B Packet Pg. 1022 01/26/2021 LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following criteria in making its decision: “plan amendments shall be based on relevant and appropriate data and an analysis by the local government that may include but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue.” Section 163.3177(1)(f), F.S. In addition, Section 163.3177(6)(a)2, F.S., provides that plan amendments shall be based on surveys, studies and data regarding the area, as applicable including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of non - conforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The need to modify land uses and development patterns with antiquated subdivisions. i. The discouragement of urban sprawl. j. The need for job creation, capital investment and economic development that will strengthen and diversify the community’s economy. And map amendments shall also be based upon the following analysis per Section 163.3177(6)(a)8.: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. This item is approved as to form and legality. It requires a majority vote for approval because this is a Transmittal hearing. [HFAC] STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the County Planning Commission forward Petition PL20180002233/CP-2019-1, to the Board of County Commissioners with a recommendation to approve as written in the approving Resolution, for transmittal to the Florida Department of Economic Opportunity and other statutorily required agencies. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on November 19, 2020, and voted 7-0 to forward petition PL20180002233/CP-2019-1 to the Board, with the maximum commercial intensity of 44,400 sq. ft. of overall commercial floor space for those C-1, Commercial Professional and General Office District, and C-2, Commercial Convenience District, and limited C-3, Commercial Intermediate District uses to be identified in the implementing PUD ordinance, uses appropriately suited to a “neighborhood commercial” center, and other revisions specific to the minimum (120) and maximum (129) number of dwelling units to be required; with a recommendation to transmit to the Florida Department of Economic Opportunity and other statutorily 17.B Packet Pg. 1023 01/26/2021 required review agencies. STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: To approve the Resolution and transmit petition PL20180002233/CP-2019-1 to the Florida Department of Economic Opportunity and other statutorily required review agencies, as recommended by Resolution Exhibit A. Prepared by: Corby Schmidt, AICP, Principal Planner ATTACHMENT(S) 1. CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (PDF) 2. Resolution - 121620 (PDF) 3. DRAFT Site Plan_CP-01-CP-60 SCALE (flat) (PDF) 4. POSTING AFFIDAVITsign (PDF) 5. CP-19-1 0-01 SIGNED HYBRID WAIVER (PDF) 6. legal ad - NC Square - ID 14599 (PDF) 17.B Packet Pg. 1024 01/26/2021 COLLIER COUNTY Board of County Commissioners Item Number: 17.B Doc ID: 14665 Item Summary: ***This item was continued from the January 12, 2021 BCC meeting. *** Recommendation to approve a Resolution of the Board of County Commissioners proposing amendment to the Collier County Growth Management Plan, Ordinance 89-05, as amended, specifically amending the Future Land Use Element and map series to create the NC Square Mixed-Use Overlay on land in the Agricultural/Rural Designation and Rural Fringe Mixed Use District -Receiving Lands Overlay to allow up to 44,400 square feet of commercial uses, a 12,000 square foot daycare limited to 250 students, and a maximum of 129 residential dwelling units and furthermore directing transmittal of the amendment to the Florida Department Of Economic Opportunity. The subject property is 24.4± acres and located at the southwest corner of Immokalee Road and Catawba Street approximately 1.6 miles west of Wilson Boulevard in Section 29, Township 49 South, Range 27 East, Collier County, Florida. (Transmittal Hearing) [PL20180002233/CP-2019-1] Meeting Date: 01/26/2021 Prepared by: Title: Planner, Senior – Zoning Name: Jeremy Frantz 01/05/2021 3:13 PM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 01/05/2021 3:13 PM Approved By: Review: Zoning Anita Jenkins Additional Reviewer Completed 01/05/2021 3:20 PM Growth Management Department Anita Jenkins Level 1 Reviewer Skipped 01/05/2021 3:26 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 01/08/2021 2:39 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 01/11/2021 11:25 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/11/2021 1:19 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/11/2021 1:56 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/12/2021 2:30 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/15/2021 8:50 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/26/2021 9:00 AM 17.B Packet Pg. 1025 Agenda Item 9. ‒ 1 ‒ PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION COMPREHENSIVE PLANNING SECTION HEARING DATE: Updated for November 19, 2020 SUBJECT: PETITION PL20180002233/CP-2019-1 GROWTH MANAGEMENT PLAN AMENDMENT, NC SQUARE MIXED-USE OVERLAY [TRANSMITTAL HEARING] ELEMENT: FUTURE LAND USE APPLICANT/AGENTS Applicant: Antonio Brown, Manager Owner: Immokalee Square, LLC Immokalee Square, LLC 2055 Trade Center Way 2055 Trade Center Way Naples, FL 34109 Naples, FL 34109 Agents: Jessica Harrelson, AICP Noel Davis, Esq. Davidson Engineering, Inc. Quarles & Brady, LLP 4365 Radio Road, Suite 201 1395 Panther Lane, Suite 300 Naples, FL 34104 Naples, FL 34109 GEOGRAPHIC LOCATION The subject property, consisting of ±24.4 acres, is located at the southwest corner of Immokalee Road and Catawba Street, ±3.4 miles east of Collier Boulevard (CR 951), ±1.6 miles west of Wilson Blvd., opposite Twin Eagles, in Section 29, Township 48 South, Range 27 East. REQUESTED ACTION This petition seeks to establish an Overlay designation in the Future Land Use Element (FLUE) by amending: 1) Policy 1.9, to add the new NC Square Mixed-Use Overlay; 2) Overlays and Special Features, to add the new Overlay provisions; 3) Future Land Use Map Series list, to add the title of the new Mixed-Use Overlay inset map; 4) Countywide Future Land Use Map to depict the Overlay; and, 5) Future Land Use Map Series to add an inset map depicting the Overlay site. 17.B.1 Packet Pg. 1026 Attachment: CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (14665 : NC Square MU Overlay (GMPT)) Agenda Item 9. ‒ 2 ‒ PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE The Overlay text, Countywide Future Land Use Map, and FLU Map Series inset map proposed by this amendment are found in Resolution Exhibit “A”. PURPOSE AND DESCRIPTION OF PROJECT The petition proposes the new NC Square Mixed-Use Overlay in the Rural Fringe Mixed Use District (RFMUD) Receiving Lands that would allow a maximum of 129 residential units (gross density of 5.29 dwelling units per acre (DU/A); utilize a [nonstandard] Affordable Housing Density Bonus Agreement to achieve all density in excess of the base density of 1 DU/5A or 4 total DUs, to be adopted with the companion Planned Unit Development (PUD); and, introduce and allow a maximum of 44,400 sq. ft. of general commercial uses. This request also recognizes a daycare use with maximums of 250 children and 12,000 square feet (sq. ft.) of floor space. The use of Transfer of Development Rights credits (TDRs) are not incorporated into this proposal, and the Subdistrict is not eligible to add residential density with TDRs at the PUD stage. FUTURE LAND USE DESIGNATIONS, ZONING AND LAND USES: Existing Conditions: Subject Property: The subject property, which comprises ±24.4 acres, is designated Rural Fringe Mixed Use District (RFMUD) Receiving Lands, which generally provides for an increase in residential density up to a maximum of 1 DU/A with use of Transfer of Development Rights credits (TDRs) in an area with fewer natural resource constraints (than Sending Lands) and where existing and planned public facilities are concentrated. Provisions of the Receiving Lands Wildfire Mitigation requirements found in the FLUE also require that applicants for new developments proposed in Receiving Lands work with the Florida Forest Service and the Managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan will address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the impacts of prescribed burning on adjacent or nearby lands. This plan is required to be submitted and reviewed with the companion PUD rezone petition. Applicable elements will need to be incorporated into the PUD for regulatory effect. The subject property is zoned A-MHO-RFMUO, Rural Agriculture with Mobile Home Overlay and Rural Fringe Mixed Use Overlay Receiving Lands, and is undeveloped and wooded. The site is denoted with arrow and purple color on Future Land Use Map excerpt below. 17.B.1 Packet Pg. 1027 Attachment: CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (14665 : NC Square MU Overlay (GMPT)) Agenda Item 9. ‒ 3 ‒ PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Surrounding Lands: North: To the north, across Immokalee Road and the Cocohatchee Canal, lands are designated RFMUD Receiving Lands and the zoning is A-MHO-RFMUO Receiving Lands. These lands contain preserve area, golf course and single family dwellings (part of Twin Eagles), approved for approximately 1 DU/A via TDR credits. East: To the east, across Catawba Street, lands are designated RFMUD Receiving Lands and zoned A-MHO-RFMUO Receiving Lands. There is an undeveloped and wooded parcel abutting Immokalee Road and a portion of a plant nursery business south of that. South: To the south, lands are designated RFMUD Receiving Lands. They are zoned A-MHO- RFMUO Receiving Lands and contain a portion of the plant nursery business to the east. West: To the west, lands are designated RFMUD Receiving Lands and zoned A-MHO-RFMUO Receiving Lands. These lands contain a preserve area and the larger area to the west and southwest is undergoing infrastructure installation for the Brentwood Lakes development (f/k/a Twin Eagles South), approved for approximately 1 DU/A via TDR credits. In summary, the existing and planned land uses, and zoning, in the area surrounding the subject property are primarily single-family residences and agricultural uses. STAFF ANALYSIS Along this segment of Immokalee Road, a six-lane divided arterial, the RFMUD Receiving Lands comprise a 3-mile corridor. It begins one mile east of Collier Blvd. and extends east to Golden Gate Estates. Land uses along this corridor, running west to east, are generally identified below. North Side of Immokalee Road • 1st Mile: A portion of the 2,562-acre Heritage Bay PUD/DRI approved for 3,450 DUs (gross density of 1.35 DU/A), 66 acres/230,000 sq. ft. of commercial development, 200 ALF units, golf courses, 863+ acres of wetlands, and 677 acres of lakes (487 acres are former quarry). The entire PUD/DRI comprises four Sections (+4 square miles); three Sections are designated RFMUD Receiving Lands and one Section is Urban Residential Subdistrict and Mixed-Use Activity Center Subdistrict. The entire PUD/DRI is also within the Urban-Rural Fringe Transition Area Overlay, established in 2003 by a private sector GMP amendment, which allows the density from the Urban Section to be distributed throughout the Overlay. • 2nd Mile: Bonita Bay East Golf Course, which includes a significant amount of conservation lands, zoned A-RFMUO Receiving Lands. • 3rd Mile: Twin Eagles Golf & Country Club, a residential golf course development, a portion of which utilizes TDR credits; the gross density is <1 DU/A. The development is zoned A-RFMUO Receiving Lands. South Side of Immokalee Road • 1st Mile: Portion of La Morada residential and golf course development; utilizes TDR credits; gross density is < 1 DU/A. Church on 9.35-acre parcel. Two undeveloped, wooded parcels, +8 acres and 17.25 acres. Portion of La Morada. Plant nursery on +17.5 acres. An undeveloped, wooded parcel, +17.25 acres. Site of now-approved GMP amendment and PUD rezone (37 17.B.1 Packet Pg. 1028 Attachment: CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (14665 : NC Square MU Overlay (GMPT)) Agenda Item 9. ‒ 4 ‒ PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE acres, Ventana Pointe, 2.05 DU/A). All of these properties are zoned A-RFMUO Receiving Lands. • 2nd Mile: County stormwater management pond on +7.7 acres. Four undeveloped, wooded parcels, +18.3 acres, 8.6 acres, +0.5 acres, +0.9 acres. Two parcels containing one single family dwelling and a horse training facility (7.25 acres total), and an undeveloped parcel (+18.4 acres), all three of which comprise a portion of a site for which a 2019 pre-application meeting was held for a church conditional use. A church on +9.1 acres. Three undeveloped, wooded parcels, 3.6 acres, +2.2 acres, +1.4 acres. A church on land zoned MPUD (+35 acres), approved for church, school, child care and ALF-assisted living facility. Two undeveloped, wooded, 0.5-acre parcels. A 22-acre public school site, frontage portion recently cleared. Three undeveloped parcels, each between +1.1 and +1.2 acres. Except for the one MPUD, all of these lands are zoned A-RFMUO Receiving Lands. • 3rd Mile: Brentwood Lakes (f/k/a Twin Eagles South) platted residential subdivision, cleared and infrastructure work underway; utilizes TDR credits. Subject site. (Not fronting Immokalee Road is a landscape maintenance business on +15.7 acres.) Nine parcels varying in size from +0.75 to 13 acres – four are undeveloped and wooded, three are in agricultural use, two contain a single-family dwelling unit each. County stormwater management pond on +5.1 acres. Two parcels are in agricultural use, 1.1 and +1.4 acres. All of these lands are zoned A-RFMUO Receiving Lands. • In summary, nearly all property on south side of Immokalee Road in this 3-mile corridor of RFMUD Receiving Lands is developed or approved with residential density <1 DU/A or agricultural uses or institutional uses allowed by the RFMUO Receiving Lands zoning overlay. It is acknowledged the site fronts on a six-lane divided road, and has central utilities available. Appropriateness of the Site and the Change: The subject site is located on a 6-lane divided arterial and public utilities are available to serve the project. The RFMUD supports mixed-use development, however to date, new development within the subject Receiving Area has been single family gated communities. The closest commercial zoning is approximately 2 ½ miles east of the site (Randall Blvd./Immokalee Rd. intersection). The RFMUD requires a Wildfire Prevention and Mitigation Plan. This important requirement should apply to the petition and be submitted as part of the companion PUDZ request. RFMUD Restudy White Paper The RFMUD White Paper presents data, analysis and a compilation of public comments. Recommendations include to consider allowing a density up to two DU/A on Receiving Lands outside of a Rural Village using TDRs; allow higher density for affordable housing projects outside of a Rural Village; and, eliminate the TDR requirement for affordable housing. Board direction for RFMUD GMP amendments includes for staff to take into account housing affordability, mobility, economic vitality and environmental protection. This petition addresses some of these considerations and specifically proposes affordable/workforce housing. 17.B.1 Packet Pg. 1029 Attachment: CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (14665 : NC Square MU Overlay (GMPT)) Agenda Item 9. ‒ 5 ‒ PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Criteria for GMP Amendments in Florida Statutes Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically as listed below. Section 163.3177(1)(f), Florida Statutes: (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: 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. 17.B.1 Packet Pg. 1030 Attachment: CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (14665 : NC Square MU Overlay (GMPT)) Agenda Item 9. ‒ 6 ‒ PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE 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: (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. It is incumbent upon the petitioner to provide appropriate and relevant data and analysis to address the statutory requirements for a Plan amendment, then present and defend, as necessary, that data and analysis. Commercial Analysis Commercial Development: Characteristics of the area immediately surrounding the subject property do not reveal a trend toward commercial development. Existing and planned land uses in the area are primarily suburban- and estate-type residences or residential lots in all directions. Generally, commercial development can be categorized as neighborhood commercial, community commercial, regional commercial, or commercial other, based upon size, uses, and population/area served. Based on specific studies and/or demographic data for an area, such as population, income, 17.B.1 Packet Pg. 1031 Attachment: CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (14665 : NC Square MU Overlay (GMPT)) Agenda Item 9. ‒ 7 ‒ PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE household size, percentage of income spent on retail goods, etc., an analyst is able to estimate supportable commercial square feet for different commercial intensities for that geography by shopping center type. Petitioner’s Retail Market Analysis: The firm of Maxwell Hendry Simmons, conducted a Market Study / Needs Analysis, updated to July 08, 2019 independently analyzing market conditions for this petition (Exhibit V.D). This analysis provides context for assessing a specific selection of goods and services’ requirements of the emerging population within the market area identified. The petitioner’s Analysis provided the following data and analysis: Demographics The Analysis’ Demographics section provided an overview of population growth and applied a multiplier to estimate and forecast populations on which to base the remainder of the Analysis. The Analysis identified a 3-mile radial area as its market area for this smaller-size community shopping center. This 3-mile radial area is delineated in this figure, copied from the petitioner’s Analysis. The figures are given, estimating an 12,207 population for the market area in 2020, and projecting 14,231 people in 2023. Market Area Demand Countywide population figures were then apportioned to the 3-mile market area to represent any additional commercial demand for this location. Market Area Supply The applicant’s Needs Analysis inventoried 730,057 sq. ft. of existing commercial development (on 146.65 ac.) of developed “competing commercial parcels” located in the market area. The Needs Analysis inventoried approximately 1,016,215 sq. ft. of undeveloped commercial) on 110.70 acres of undeveloped “competing parcels” located in the market area. The CIGM identifies a supply of 1,746,272 sq. ft. developed and undeveloped commercial space available in the market area. Supply – Demand Analysis 17.B.1 Packet Pg. 1032 Attachment: CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (14665 : NC Square MU Overlay (GMPT)) Agenda Item 9. ‒ 8 ‒ PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE This section applied a diminishing allocation ratio, allowing the market to properly function in the sale, usage and allocation of land over time. This suggests the growing market area can support the additional commercial uses in this market by 2040. Staff Assessment of Petitioner’s Retail Market Analysis The analysis provided in the Needs Analysis is an objective population-based demand methodology and suspends our reliance on evaluating certain types of businesses to demonstrate need. Not all commercial uses allowed in the General Commercial zoning district – by right and by Conditional Use – were analyzed however, and not all uses analyzed were demonstrated to have supportable demand. The County’s CIGM identifies the appropriate commercial floor space in a neighborhood commercial center for an estimated 15,200 population – about the same as projected by the petitioner’s Analysis. Additionally, the intensities of the commercial uses themselves, where shown to be appropriately suited to neighborhood commercial centers, and approval of these by the companion Planned Unit Development rezone could be supported. The original commercial intensity proposed is too high; the demand is shared, or nearly duplicated, with two other requests. This reduction in commercial intensity was presented to the petitioner, and they took the opportunity to identify only the uses of neighborhood commercial intensity. The uses proposed by the petitioner to be appropriately suited to “neighborhood commercial” center are: apparel and accessory stores, auto and home supply stores (5K), food stores, hardware stores (5K), home furniture and furnishings stores (5K), household appliance stores (5K), musical instrument stores (5K), paint stores (5K), personal services, miscellaneous (5K), radio, television and consumer electronics stores (5K), veterinary services, excluding outside kenneling, and other uses of limited intensity. (“5K” denotes that each user is limited to 5,000 sq. ft. of the principle structure.) Traffic Capacity/Traffic Circulation Impact Analysis, Including Transportation Element Consistency Determination: A Traffic Impact Statement, updated to July 2020, prepared by Trebilcock Consulting Solutions, Inc., was submitted with this petition (Exhibit “V.E.3”). It notes that all traffic accessing the property comes from Immokalee Road (35% to/from the east; 65% to/from the west). Collier County Transportation Planning staff reviewed this petition and had no objection to its approval, finding it consistent with Transportation Element Policy 5.1. Environmental Impacts: An Environmental Data Report, updated to March 2019, prepared by Passarella & Associates, Inc., was submitted with this petition (Exhibit V.C.1). Environmental specialists with County Development Review Division, Environmental Planning Section, reviewed these documents and provided the following comments: The 24.4-acre subject property identified no listed species or their sign. A search of wildlife agencies databases found no occurrences for listed species. The site is located within the USFWS Panther Secondary Zone and Focus Area. It is located within the core foraging area of two wood stork colonies, but is not located in the vicinity of any active Red cockaded woodpecker (RCW) colonies or bald eagle nests. There is potential for Big Cypress fox squirrels to utilize the site. 17.B.1 Packet Pg. 1033 Attachment: CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (14665 : NC Square MU Overlay (GMPT)) Agenda Item 9. ‒ 9 ‒ PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE The levels of protections granted to these animals, along with their habitat found on property, affects the potential for development. The habitats within the two on-site preserve areas will be enhanced through exotic removal and protected by placement under a recorded conservation easement. There is also potential for Black Bear to utilize the site. Commitments must be made part of the companion PUD to distribute the “A Guide to Living in Bear Country” to future commercial business owners and residential homeowners, as well as to construction/maintenance personnel, and utilize bear-proof dumpsters. The 6.10-acre native vegetation preservation areas on site will be retained in accordance with the requirements of Section 3.04.00 of the LDC. Public Facilities Impacts: A Public Facilities Report, updated to April 4, 2020 (Exhibit V.E.1), was submitted with this petition and concluded there is adequate capacity of public infrastructure to serve the proposed project – potable water, wastewater collection and treatment, solid waste collection and disposal, stormwater management, parks and recreational facilities, public schools, and emergency medical (EMS) and fire rescue services. Appropriate staff reviewed this petition and identified no issues or concerns regarding impacts upon public infrastructure. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS The application team held a Neighborhood Information Meeting (NIM) in the New Hope Ministries – Lecture Hall, 7675 Davis Blvd. Naples on August 6, 2020, at 5:30 p.m. as required by Section 10.03.05 F. of the LDC. This NIM was advertised, noticed and held jointly for this GMP amendment petition and companion PUD rezone petition [which is not under formal consideration with this GMPA transmittal hearing]; the companion PUD is expected to be heard at the GMPA adoption hearing. Two representatives from the application team were present, along with 2 County staff representatives by remote, Zoom connection. No one from the public attended, ether in-person or using the virtual connection offered. The NIM was ended at approximately 5:45 p.m. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONCLUSIONS • The subject site and surrounding lands are designated Rural Fringe Mixed Use District (RFMUD) Receiving Lands; the Urban designated area is ±2.4 miles to the west. • The RFMUD promotes mixed-uses and housing affordability. • This petition proposes to allow 129 dwelling units (5.29 DU/A) with the net effect being an increase of 125 DUs and is subject to approval of an affordable workforce housing agreement, companion to the rezone petition. • This petition proposes 44,400 sq. ft. of neighborhood commercial uses. • The RFMUD White Paper recommends higher density for affordable housing projects outside of a Rural Village. 17.B.1 Packet Pg. 1034 Attachment: CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (14665 : NC Square MU Overlay (GMPT)) Agenda Item 9. ‒ 10 ‒ PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE • This petition also recognizes a daycare use with maximums of 250 children and 12,000 square feet (sq. ft.) of floor space, which is allowed under the existing FLUM designation and zoning by conditional use. • Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum density of 1 DU/5 Acres (0.2 DU/A) - or up to 1 DU/A via use of TDRs if >40 acres in size; agricultural uses; essential services; institutional uses by conditional use (e.g. day care center, ALF, church). • The subject site fronts Immokalee Road (CR 846), a 6-lane divided arterial road, and County water and wastewater service is available to the site. • There are no issues or concerns regarding levels of service impacts upon public infrastructure, • The applicant is required to work with the Florida Forest Service and the Managers of any adjacent or nearby public lands to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. Applicable elements of this plan must be incorporated into the companion PUD. • Commitments must be made part of the companion PUD to distribute the “A Guide to Living in Bear Country” to future commercial business owners and residential homeowners, as well as to construction/maintenance personnel, and utilize bear-proof dumpsters. • Community and Human Services staff are supportive of the affordable housing component of this petition, as it is generally consistent with Board direction to implement the Community Housing Plan. • This petition does not propose the use of TDRs for the density increase, and therefore does not further the RFMUD goal of protecting natural resources in Sending Lands. The RFMUD White Paper recommendations include the elimination of TDRs for affordable housing. LEGAL CONSIDERATIONS: This Staff Report was reviewed by the County Attorney’s Office on November 4, 2020. The criteria for GMP amendments to the Future Land Use Element and map series are in Sections 163.3177(1)(f) and 163.3177(6)(a)2. and 163.3177(6)(a)8., Florida Statutes. [HFAC] STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: Based on the analyses provided within this report, staff recommends that the County Planning Commission forward Petition CP-2019-1 /PL20180002233, to the Board of County Commissioners with a recommendation to approve as follows for transmittal to the Florida Department of Economic Opportunity and other statutorily required agencies. 17.B.1 Packet Pg. 1035 Attachment: CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (14665 : NC Square MU Overlay (GMPT)) Agenda Item 9. ‒ 11 ‒ PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE 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. I. IMPLEMENTATION STRATEGY [Page 9] GOALS, OBJECTIVES AND POLICIES *** *** *** *** text break *** *** *** *** Policy 1.9: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. NC Square Mixed-Use Overlay C. D. Natural Resource Protection Area Overlays D. E. Rural Lands Stewardship Area Overlay E. F. Airport Noise Area Overlay F. G. Bayshore/Gateway Triangle Redevelopment Overlay G. H. Urban-Rural Fringe Transition Zone Overlay H. I. Coastal High Hazard Area Boundary I. J. Incorporated Areas *** *** *** *** text break *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES [Page 97] A. Area of Critical State Concern *** *** *** *** text break *** *** *** *** B. North Belle Meade Overlay *** *** *** *** text break *** *** *** *** C. NC Square Mixed-Use Overlay This Overlay, comprising approximately 24.4 acres, is located at the southwest corner of Immokalee Road and Catawba Street, in Section 29, Township 48 South, Range 27 East. The purpose of this Overlay is to allow a maximum of 129 residential units, a daycare center and allow general neighborhood commercial uses to serve surrounding residential areas and passerby-traffic. This Overlay shall be subject to all Rural Fringe Mixed Use District Receiving Lands provisions, except as provided for herein. Development in this Overlay shall comply with the following requirements and limitations: 17.B.1 Packet Pg. 1036 Attachment: CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (14665 : NC Square MU Overlay (GMPT)) Agenda Item 9. ‒ 12 ‒ PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE a. Rezoning shall be in the form of a PUD, Planned Unit Development. b. This Overlay shall be limited to a maximum gross leasable floor area of 44,400 square feet for commercial uses provided in the implementing PUD ordinance, and a maximum 12,000 square feet daycare center limited to 250 students. c. This Overlay shall be limited to a maximum of 129 residential units through an Affordable Housing Density Bonus Agreement between the Owner and Collier County. The implementing PUD shall include provisions to: 1. Establish a minimum number of dwelling units to be built. 2. Establish a minimum square foot of commercial uses to be built. 3. Address compatibility with surrounding properties. 4. Establish a common theme for architecture, signage and landscaping. 5. Provide pedestrian connectivity throughout the project. 6. Establish permitted and accessory uses, and development standards to those C-1, Commercial Professional and General Office District, through C-3, Commercial Intermediate District, uses appropriately suited to “neighborhood commercial” center, including Accounting (8721); Advertising agencies (7311); Amusement and recreation services, indoor (7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only); Animal specialty services, except veterinary (0752, excluding outside kenneling); Apparel and accessory stores (5611—5699) with 5,000 square feet or less of gross floor area in the principal structure; Auditing (8721); Auto and home supply stores (5531) with 5,000 square feet or less of gross floor area in the principal structure; Banks, credit unions and trusts (6011—6099); Barber shops (7241, except for barber schools); Beauty shops (7231, except for beauty schools); Bookkeeping services (8721); Business associations (8611); Business consulting services (8748); Business credit institutions (6153—6159); Business services — miscellaneous (7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers); Child day care services (8351); Credit reporting services (7323); Direct mail advertising services (7331); Drug stores (5912); Eating places (5812 only) with 6,000 square feet or less in gross floor area in the principal structure. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section 5.05.01; Essential services, subject to section 2.01.03; Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411—5499); Health services (8071, 8092, and 8099); Garment pressing, and agents for laundries and drycleaners (7212); General merchandise stores (5331—5399) with 5,000 square feet or less of gross floor area in the principal 17.B.1 Packet Pg. 1037 Attachment: CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (14665 : NC Square MU Overlay (GMPT)) Agenda Item 9. ‒ 13 ‒ PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE structure; Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure; Health services, offices and clinics (8011—8049); Home furniture and furnishings stores (5712—5719) with 5,000 square feet or less of gross floor area in the principal structure; Home health care services (8082); Household appliance stores (5722) with 5,000 square feet or less of gross floor area in the principal structure; Insurance carriers, agents and brokers (6311—6399, 6411); Laundries and drycleaning, coin operated ‒ self service (7215); Laundries, family and commercial (7211); Loan brokers (6163); Management services (8741 and 8742); Membership organizations, miscellaneous (8699); Mortgage bankers and loan correspondents (6162); Musical instrument stores (5736) with 5,000 square feet or less of gross floor area in the principal structure; Paint stores (5231) with 5,000 square feet or less of gross floor area in the principal structure; Personal credit institutions (6141); Personal services, miscellaneous (7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only) with 5,000 square feet or less of gross floor area in the principal structure; Personnel supply services (7361 and 7363); Photographic studios, portrait (7221); Physical fitness facilities (7991; 7911, except discotheques); Political organizations (8651); Public relations services (8743); Radio, television and consumer electronics stores (5731) with 5,000 square feet or less of gross floor area in the principal structure; Real Estate (6531—6552); Repair services - miscellaneous (7629—7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only); Retail nurseries, lawn and garden supply stores (5261) with 5,000 square feet or less of gross floor area in the principal structure; Retail services - miscellaneous (5921—5963 except pawnshops and building materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths) with 5,000 square feet or less of gross floor area in the principal structure; Shoe repair shops and shoeshine parlors (7251); Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only); Tax return preparation services (7291); Veterinary services (0742, excluding outdoor kenneling); Permitted use with less than 700 square feet gross floor area in the principal structure; and, Vocational schools (8243—8299). and, Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. Any other commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 17.B.1 Packet Pg. 1038 Attachment: CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (14665 : NC Square MU Overlay (GMPT)) Agenda Item 9. ‒ 14 ‒ PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as a component of a shopping center. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by any C- 3 permitted use with a 5,000 sq. ft. or greater limitation. [These were discussed at previous CCPC hearing. Comparable use language goes in the PUD, not the GMP, and some provisions will not be applicable.] Accessory Uses, including uses and structures that are accessory and incidental to the uses permitted as of right in the C-3 district; Caretaker's residence, subject to (LDC) section 5.03.05; Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to (LDC) section 4.02.12., and subject to gross floor area limitations without exceptions. The rezone Ordinance shall further refine the permitted uses to insure compatibility with surrounding properties. 7. Prohibit stand-alone drive-through restaurants. 8. Develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires and incorporate the applicable elements of this plan into the companion PUD. 9. Distribute the “A Guide to Living in Bear Country” to future commercial business owners and residential homeowners, as well as to construction/maintenance personnel, and utilize bear- proof dumpsters. *** *** *** *** text break *** *** *** *** FUTURE LAND USE MAP SERIES [Page 147] Future Land Use Map Activity Center Index Map Mixed Use & Interchange Activity Center Maps *** *** *** *** text break *** *** *** *** East Tamiami Trail Commercial Infill Subdistrict Map Seed to Table Commercial Subdistrict Map NC Square Mixed-Use Overlay Map 17.B.1 Packet Pg. 1039 Attachment: CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (14665 : NC Square MU Overlay (GMPT)) Agenda Item 9. ‒ 15 ‒ PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Staff provides the following reminder: This GMP amendment follows the Expedited State Review process. Chapter 163.3184 (3)(c)1, Florida Statutes, provides that the County Board (local governing body) shall hold its Adoption (second public) hearing within 180 days after receipt of agency comments, unless extended by agreement with notice to the DEO (state land planning agency) and any affected person that provided comments on the amendment. Petition Number: PL20180002233/CP-2019-1 Staff Report for the November 19, 2020 CCPC meeting NOTE: This petition has been tentatively scheduled for the January 12, 2021 BCC meeting. \\Bcc.colliergov.net\data\GMD-LDS\Development Review\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2019 Cycles and Smalls\2019 Cycle 1 - Feb\CP-2019-1 ImmNCSquare\CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL.docx 17.B.1 Packet Pg. 1040 Attachment: CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL (14665 : NC Square MU Overlay (GMPT)) 17.B.2 Packet Pg. 1041 Attachment: Resolution - 121620 (14665 : NC Square MU Overlay (GMPT)) 17.B.2 Packet Pg. 1042 Attachment: Resolution - 121620 (14665 : NC Square MU Overlay (GMPT)) 17.B.2 Packet Pg. 1043 Attachment: Resolution - 121620 (14665 : NC Square MU Overlay (GMPT)) 17.B.2 Packet Pg. 1044 Attachment: Resolution - 121620 (14665 : NC Square MU Overlay (GMPT)) 17.B.2 Packet Pg. 1045 Attachment: Resolution - 121620 (14665 : NC Square MU Overlay (GMPT)) 17.B.2 Packet Pg. 1046 Attachment: Resolution - 121620 (14665 : NC Square MU Overlay (GMPT)) 17.B.3 Packet Pg. 1047 Attachment: DRAFT Site Plan_CP-01-CP-60 SCALE (flat) (14665 : NC Square MU Overlay (GMPT)) NC Square Mixed Use Overlay GMPA-PL20180002233/ CP-2019-1 SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner’s agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner’s agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1.The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2.The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3.The petitioner or the petitioner’s agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner’s agent must replace the sign(s) - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - -- AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED JESSICA HARRELSON, AICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER GMPA- PL20180002233/ CP-2019-1. 4365 Radio Road, Suite 201 SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX Jessica Harrelson, AICP, Senior Planner, Davidson Engineering, Inc. Naples, FL 34104 NAME (TYPED OR PRINTED) CITY, STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 6th day of January, 2021, by Jessica Harrelson, AICP, who is personally known to me and who did take an oath. Signature of Notary Public Tocia Hamlin Rosa Printed Name of Notary Public My Commission Expires: (Stamp with serial number) NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. 17.B.4 Packet Pg. 1048 Attachment: POSTING AFFIDAVITsign (14665 : NC Square MU Overlay (GMPT)) 17.B.4 Packet Pg. 1049 Attachment: POSTING AFFIDAVITsign (14665 : NC Square MU Overlay (GMPT)) 17.B.4 Packet Pg. 1050 Attachment: POSTING AFFIDAVITsign (14665 : NC Square MU Overlay (GMPT)) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.gov rCounty ........-, - 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi-Judicial Public Hearing Waiver Emergency/Executive Order 2020-04 Hearing of the Collier County Planning Commission and Board of County Commissioners F P t·t· N b ( ) GMPA-PL20180002233/CP-2019-1 (NC Square Mixed Use Overlay) or e 1 10n um er s : __________________________ _ . . lmmokalee Square, LLC Regarding the above subJect petition number(s), _____________ (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the Collier County Planning Commission and Board of County Commissioners, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. N Antonio Brown, Manager ame: _____________ _ Signature*: •• ��--- IZJ Applicant D Legal Counsel to Applicant Date: _ __,9;'-#-/_3_o_7,,_/_e-_·..,_u_-_Z_<.J __ _ * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. , Immokalee Square, LLC 17.B.5 Packet Pg. 1051 Attachment: CP-19-1 0-01 SIGNED HYBRID WAIVER (14665 : NC Square MU Overlay (GMPT)) 17.B.6 Packet Pg. 1052 Attachment: legal ad - NC Square - ID 14599 (14665 : NC Square MU Overlay (GMPT))