Agenda 03/22/2022 Item #16K4 (County Attorney to Engage in Mediation Concerning a Randall Boulevard Commercial Subdistrict DCA)03/22/2022
EXECUTIVE SUMMARY
Recommendation that the Board authorizes the County Attorney to engage in voluntary mediation
concerning a July 28, 2010, Developer Contribution Agreement involving the Randall Blvd.
Commercial Subdistrict, and potentially bring back proposed amendments to the Agreement.
OBJECTIVE: That the Board authorizes the County Attorney to engage in voluntary mediation
concerning a July 28, 2010, Developer Contribution Agreement involving the Randall Blvd. Commercial
Subdistrict, and potentially bring back proposed amendments to the Agreement.
CONSIDERATIONS: The matter before the Board involves many of the parcels south of Randall
Blvd. set forth in the picture below:
Back in 2010, the County negotiated a complicated transaction, which is briefly set forth as follows:
1. The Growth Management Plan would be amended so that certain properties south of Randall
Blvd., would be added into the Randall Boulevard Commercial Subdistrict.
2. As a companion item to this, a Developer Contribution Agreement was entered into between a
Developer, the County, the Big Corkscrew Island Fire Control & Rescue District (now part of the
North Collier Fire Control and Rescue District), and other parcel owners.
3. The Preface to the Developer Agreement provided as follows:
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4. The primary benefit to the County was that it was to receive a strip of property, 6.8 acres in total,
along Randall Blvd. which was and is needed by the Country for the necessary widening of
Randall Blvd., as well as a pond site.
Due to changing economic circumstances, the Developer was unable to move forward with the
contemplated project. That Developer is long gone. The Developer Contribution Agreement, however,
still binds the current property owners, who would like to move forward with an amended Agreement,
which I understand would include the prior commitments to the County. The primary impediment to this
has been the Fire District’s insistence that the DCA’s benefits to them be honored.
On March 1st I received an email from attorney Andrew Dickman (copy attached in the back-up), who
represents most, if not all, of the affected property owners, which contained a request from the attorney
for the Fire District that the parties obtain a mediator and seek to resolve the various issues. I responded
that I first needed Board approval to proceed.
If the parties are able to reach a mutually agreeable resolution at mediation, I will likely return to the
Board with proposed amendments to the Agreement.
FISCAL IMPACT: Costs in hiring a mediator, which would be shared by all parties. The cost to the
County should not exceed $2,500.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board authorizes the County Attorney to engage in voluntary
mediation concerning a July 28, 2010, Developer Contribution Agreement involving the Randall Blvd.
Commercial Subdistrict, and potentially bring back proposed amendments to the Agreement.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Aerial - Randall Blvd Commercial Subdistrict (PDF)
2. Ordinance 2010-32 (PDF)
3. Developer Agreement - Emergent Development (no exhibits) (PDF)
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4. Executive Summary - 07-08 GMP cycle amendments - 7.28.10 special meeting (PDF)
5. Executive Summary - Developer Agreement - companion to CP-2008-2 - 07.28.10 special
meeting (PDF)
6. BCC Minutes 07_28_2010 Special Mtg (GMP Amendments) (PDF)
7. 3-1-22 email from Andrew Dickman (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 21674
Item Summary: Recommendation that the Board authorizes the County Attorney to engage in
voluntary mediation concerning a July 28, 2010, Developer Contribution Agreement involving the
Randall Blvd. Commercial Subdistrict, and potentially bring back proposed amendments to the
Agreement.
Meeting Date: 03/22/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
03/14/2022 8:56 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/14/2022 8:56 AM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/14/2022 9:39 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/15/2022 7:21 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/16/2022 9:04 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/16/2022 12:03 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/22/2022 9:00 AM
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16.K.4.aPacket Pg. 1420Attachment: Aerial - Randall Blvd Commercial Subdistrict (21674 : Authorize the County Attorney to
ORDINANCE NO. 10-32
rANORDINANCEAMENDINGORDINANCENO. 89-05, AS=:,'
AMENDED, THE COLLIER COUNTY GROWTH~~'~
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN ~~:
AMENDMENT TO THE GOLDEN GATE AREA MASTER :,..._
PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE r-
LAND USE MAP AND MAP SERIES, PROVIDING FOR ,J
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE ::.>;
DATE.
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WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act,
was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 provides authority for local governments to amend their respective
comprehensive plans and outlines certain procedures to amend adopted comprehensive plans
pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and
WHEREAS, Timothy Hancock of Davidson Engineering and R. Bruce Anderson, Esq.,
of Roetzel and Andress, P.A. requested an amendment to the Golden Gate Area Master Plan and
Golden Gate Area Master Plan Future Land Use Map and Map Series to expand and modify the
Randall Boulevard Commercial Subdistrict to allow a total development intensity not to exceed
411,950 square feet of commercial uses of the C-4 zoning district, with exceptions, for property
located on the south side of Randall Boulevard, extending from 8th Street Northeast and west to
the canal on the west side of the Big Corkscrew Island Fire Station, in Sections 26 and 27,
Township 48 South, Range 27 East, existing of 56.5:t acres; and
WHEREAS, Collier County did submit this Growth Management Plan amendment to the
Department of Community Affairs for preliminary review on January 27, 20 I 0; and
WHEREAS, the Department of Community Affairs did review the amendment to the
Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and
Map series, to the Growth Management Plan and transmitted its findings in writing to Collier
County within the time provided by law; and
Words underlined are additions; words struek through are deletions
Golden Gate Area Master Plan Petition CP-2008-2
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Packet Pg. 1421 Attachment: Ordinance 2010-32 (21674 : Authorize the County Attorney to engage in voluntary mediation regarding Randall Blvd DCA)
WHEREAS, Collier County has 60 days from receipt of the Objections,
Recommendations, and Comments Report from the Department of Community Affairs to adopt,
adopt with changes or not adopt the proposed amendment to the Growth Management Plan; and
WHEREAS, the owner of Tract 71 withdrew from the petition and the remaining
applicants reduced the additional development to 360,950 square feet of commercial
development; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold public hearings concerning the transmittal and adoption
of an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan
Future Land Use Map and Map Series, of the Growth Management Plan; and
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of this amendment, including the following: the Collier County
Staff Report; the document entitled Collier County Growth Management Plan Amendment, and
other documents, testimony and information presented and made a part of the record at the
meetings of the Collier County Planning Commission held on June 15, 2010, the Collier County
Board of County Commissioners held on July 28, 2010; and
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:ADOPTION OF AN AMENDMENT TO THE GROWTH
MANAGEMENT PLAN
The Board of County Commissioners hereby adopts this amendment to the Golden Gate
Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, in
accordance with Section 163.3184, Florida Statutes. The text and maps of the amendment are
attached hereto as Exhibit "A" and are incorporated by reference herein.
SECTION TWO:SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
Words underlined are additions; words struek through are deletions
Golden Gate Area Master Plan Petition CP-2008-2
2
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Packet Pg. 1422 Attachment: Ordinance 2010-32 (21674 : Authorize the County Attorney to engage in voluntary mediation regarding Randall Blvd DCA)
SECTION THREE: EFFECTIVE DATE.
The effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs or Administration Commission finding the amendment in
compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No
development orders, development permits, or land uses dependent on this amendment may be
issued or commence before it has become effective. If a final order of noncompliance is issued
by the Administration Commission, this amendment may nevertheless be made effective by
adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent
to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd.,
3rd Floor, Tallahassee, Florida 32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 28th day of July. 2010.
ATTE~1~" '~:?;"
DWIGH'F'E: 'BI{OOK Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W. ~
FRED W. COYLE, CHA AN
Approved as to form and legal suffiency:
blvt A CItJ
Heidi Ashton-Cicko, Land Use Section Chief
and Assistant County Attorney
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cry of ~e's Offic~O.ldoyof ~-I-'" D
and ocknowle ~~th'
Words underlined are additions; words struek thrOl:lgh are deletions
Golden Gate Area Master Plan Petition CP-2008-2
3
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Packet Pg. 1423 Attachment: Ordinance 2010-32 (21674 : Authorize the County Attorney to engage in voluntary mediation regarding Randall Blvd DCA)
CP-2008-2
EXHIBIT A
GOLDEN GATE AREA MASTER PLAN
2.ESTATES DESIGNATION Page 26]
B.Estates - Commercial District Page 33]
3) Randall Boulevard Commercial Subdistrict _
The Randall Boulevard Commercial Subdistrict. containina aooroximatelv 56.5
acres. is located on the south side of Randall Boulevard and Immokalee Road
CR-846). extendina from 8th Street NE west to the Corkscrew Canal. +Re This
Subdistrict is comprised of the following properties: Tract2 54. 55. 71, 72. 89. 90.
107. 108. 125. 126 and 127. Golden Gate Estates, Unit 23; ::md tho Eae:t 1 ee footofTr::lOt 64, Goldon Gato ESt3tOe:, Unit 2a. Reoognizing tho uniquo dovolopmontpattorn ::md oharaotoriGtioe: of surrounding land ue:os, tho This Randall Boulo':ard
Commoroi31 Subdistrict has been designated on the Golden Gate Area Future
Land Use Map and the Randall Boulevard Commercial Subdistrict Mao. Soo M3p4ItistheintentofthisSubdistricttoorovidecommercialaoodsandservicesto
the surroundina area.
Page 35]
All develooment in the Subdistrict shall comolv with the followina reauirements
and limitations:
a) Tho Critoria for tho Subdie:triot arc ae: follo\"le::
a. All commorcial development is encouraged to be in the form of a PUD.
b. Projects directly abutting Estates zoned property shall provide, at a
minimum, a 75-foot wide buffer of retained native vegetation in which no
parking or water management uses are permitted; except that, when
abutting conditional uses no such buffer is required.
c. Shared parking shall be required with adjoining development whenever
possible.
d. Tract 55 shall onlv be utilized for native oreservation and water
manaaement areas. The eastern boundarv of Tract 55 shall contain. at a
minimum. a 50-foot wide retained native veaetation buffer.
e. The followina limitation shall aoolv to Tract 71 only:
1. Limitation of Uses - Uses shall be limited to the following:
Automobile Service Station;
Barber & Beauty Shops;
Convenience Stores;
Drug Stores;
Words underlined are added; words strl:J()k throl:Jgh are deleted.
Row of asterisks (*** *** ***) denotes break in text.
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Packet Pg. 1424 Attachment: Ordinance 2010-32 (21674 : Authorize the County Attorney to engage in voluntary mediation regarding Randall Blvd DCA)
CP-2008-2
Food Markets;
Hardware Stores;
Laundries - Self Service Only;
Parks, Public or Private;
Post Offices and Professional Offices;
Repair Shops - Radio, TV, Small Appliances and Shoes;
Restaurants, including fast food restaurants but not drive in
restau rants
Shopping Center
Veterinary Clinic with no outside kenneling;
1. The followina limitations shall aoolv to Tracts 72. 89. 90. 107. 108. 125.
126. 127. and Tract 54:
1. Develooment intensitv on Tracts 72. 89. 90. 107. 108. 125. 126.
127 and the west one-half of Tract 54 shall be limited to 360.950
square feet of floor area. of which no more than 285.950 sauare
feet shall be retail develooment.
2. Develooment intensitv on the east one-half of Tract 54 shall be
limited to 20.000 square feet of commercial develooment.
3. The first chase of the oroiect develooment. exclusive of the existinq
20.000 sa. ft. of develooment on the east one-half of Tract 54. shall
include a arocerv anchor. with a minimum of 35.000 sauare feet of
qross leasable floor area. orior to any certificates of occuoancybeinaissuedbevond100.000 sauare feet of commercial
develooment.
4. Allowable uses shall be limited to the oermitted and conditional
uses of the C-4. General Commercial District in the Collier CountyLandDeveloomentCodeineffectasoftheeffectivedateofthe
adootion of the amendment of this Subdistrict rOrdinance No. 2010
32. adooted Julv 28. 20101. exceot that the followino uses shall be
orohibited:
Tire Dealers. Automotive Retail (Grouo 5531)
Automotive Parkina (Grouo 7521)
Communication Services (Grouo 4899)
Drinkino Places (Grouo 5813)
Fishina Piers (Grouo 7999)
Glass and Glazina work (Grauo 1793)
Health Services (Grouos 8059 - 8069)
Soecialtv Outoatient Facilities (Grouo 8093)
Houseboat Rental. Lakes Ooerations. Partv and Pleasure Boat
rental (Grouo 7999)
Laroe Aooliance reoair service (Grouo 7623)
Marinas (Grouo 4493 and 4499)
Miscellaneous Reoair Services (Grouos 7622-7641. 7699)
liquor Store. unless ooerated bv a Gracerv Retailer (Grouo
5921 )
Used Merchandise Store (Grouo 5932)
Automatic Merchandisina Machine Ooerators (Grouo 5962)
Direct Sellina Establishment (Grouo 5963)
Words underlined are added; words strl:Jok through are deleted.
Row of asterisks (*** *** ***) denotes break in text.
2
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Packet Pg. 1425 Attachment: Ordinance 2010-32 (21674 : Authorize the County Attorney to engage in voluntary mediation regarding Randall Blvd DCA)
CP-2008-2
Escort Services. Massaae Parlors. Tattoo Parlors. Turkish
Baths. Weddina Chaoels (Grouo 7299)
Bettina Information Services. Bath Houses. Billiard Parlors.
Bookies and Bookmakers. Cable lifts. Carnival Ooeration.
Circus Comoanies. Fortune Tellers. Go-cart racina ooeration.
Off-track bettina. Pina Pona Parlors. Rodeo Animal Rentals.
Rodeos. Shootina Ranaes. Traoshootina Facilities (Grouo 7999)
Parole offices. Probation offices. Public welfare centers. refuaee
services. settlement houses (Grouo 8322)
Tow-in oarkina lots (Grouos 7514.7515.7521)
Animal Soecialtv Services (Grouo 0752)
5. At time of rezonina. consideration shall be aiven to imoosingaoorooriaterestrictionsontheamountofdeveloomentallowedin
this Subdistrict orior to discontinuance and relocation of the BigCorkscrewIslandFireStationandFloridaDivisionofForestryfire
tower uses.
6. All buildinas on Tracts 72.89.90. 107. 108. 125. 126 and 127 shall
be develooed with a unified architectural theme.
7. Excludina the commercial zonina on Tract 71 and the existina
aooroved commercial zonina on the east one-half of Tract 54. anyadditionaldeveloomentintheSubdistrictshallbedevelooedin
ohases. Phase I shall be limited to 100.000 sauare feet of aross
leasable floor area. Subseauent ohases shall not receive buildina
permits until the Randall Boulevard/lmmokalee Road intersection
oroiect. includina the widenina of the seament of Randall Boulevard
abuttina the Subdistrict. as shown on Exhibit "A" of the Develooer
Contribution Aareement adooted Julv 28.2010 bv the Board of
Countv Commissioners. has commenced. No Certificates of
Occuoancy shall be issued for subseauent develooment chases
until the Randall Boulevard/lmmokalee Road intersection oroiect is
substantiallv comolete. Neither the buildina oermits limitations nor
the Certificates of Occuoancv limitations shall aoolv if satisfactoryalternativemitiaationisaoorovedbvtheBoardofCountyCommissionersoursuanttoTransoortationElementPolicv5.1. or if
traffic conditions chanae in such a manner that adeauate caoacity is
available.
Cp.2008-2 Exhibit A per BCC Adoption 7.28.10
G:IComprehensivelCOMP PLANNING GMP DATAIComp Plan Amendmenlsl2007-2008 Combined Cycle Petitions\2008 Cycle Pelitions\CP-2008-2RandallBlvdComSubdistrictdw!7.28.10
Words underlined are added; words struGk threugh are deleted.
Row of asterisks (*** *** ***) denotes break in text.
3
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Packet Pg. 1426 Attachment: Ordinance 2010-32 (21674 : Authorize the County Attorney to engage in voluntary mediation regarding Randall Blvd DCA)
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Packet Pg. 1427 Attachment: Ordinance 2010-32 (21674 : Authorize the County Attorney to engage in voluntary mediation regarding Randall Blvd DCA)
EXHIBIT A PETITION CP-2008-02A
RANDALL BOULEVARD COMMERCIAL SUBDISTRICT
Collier County, Florida
IMMOKALEE
LEGEND
AMENDED - SEPTEMBER 10, 2003
Ord, No, 2003-44)
AMENDED - JANUARY 25, 2007
Ord, No, 2007-19)
I I I
o 1/2 MI, 1 MI.
GOLDEN GA TE
ESTATES
SETTLEMEN T
AREA
PREPARED BY: GIS/CAD MAPPING SECTION
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISIONFILE: CP-2008-2B,DWG DATE: 9/2009
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Packet Pg. 1428 Attachment: Ordinance 2010-32 (21674 : Authorize the County Attorney to engage in voluntary mediation regarding Randall Blvd DCA)
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010-32
Which was adopted by the Board of County Commissioners
on the 28th day of July, 2010, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of August, 2010.
DWIGHT E. BROCK.
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Clerk of, Courts ,'a.ncf'.cl'l#x:;k .
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Ex-officio to,B9a;:dof.
County commi~~i~~:rs
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By: Ann Je ~ejo~n:~' .~."
Deputy Clerk
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Packet Pg. 1429 Attachment: Ordinance 2010-32 (21674 : Authorize the County Attorney to engage in voluntary mediation regarding Randall Blvd DCA)
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Packet Pg. 1430 Attachment: Developer Agreement - Emergent Development (no exhibits) (21674 : Authorize the County Attorney to engage in voluntary mediation
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Packet Pg. 1431 Attachment: Developer Agreement - Emergent Development (no exhibits) (21674 : Authorize the County Attorney to engage in voluntary mediation
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Packet Pg. 1432 Attachment: Developer Agreement - Emergent Development (no exhibits) (21674 : Authorize the County Attorney to engage in voluntary mediation
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Packet Pg. 1433 Attachment: Developer Agreement - Emergent Development (no exhibits) (21674 : Authorize the County Attorney to engage in voluntary mediation
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Packet Pg. 1434 Attachment: Developer Agreement - Emergent Development (no exhibits) (21674 : Authorize the County Attorney to engage in voluntary mediation
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Packet Pg. 1435 Attachment: Developer Agreement - Emergent Development (no exhibits) (21674 : Authorize the County Attorney to engage in voluntary mediation
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Packet Pg. 1436 Attachment: Developer Agreement - Emergent Development (no exhibits) (21674 : Authorize the County Attorney to engage in voluntary mediation
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Packet Pg. 1437 Attachment: Developer Agreement - Emergent Development (no exhibits) (21674 : Authorize the County Attorney to engage in voluntary mediation
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Packet Pg. 1438 Attachment: Developer Agreement - Emergent Development (no exhibits) (21674 : Authorize the County Attorney to engage in voluntary mediation
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Packet Pg. 1439 Attachment: Developer Agreement - Emergent Development (no exhibits) (21674 : Authorize the County Attorney to engage in voluntary mediation
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Packet Pg. 1440 Attachment: Developer Agreement - Emergent Development (no exhibits) (21674 : Authorize the County Attorney to engage in voluntary mediation
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Packet Pg. 1441 Attachment: Developer Agreement - Emergent Development (no exhibits) (21674 : Authorize the County Attorney to engage in voluntary mediation
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Packet Pg. 1442 Attachment: Developer Agreement - Emergent Development (no exhibits) (21674 : Authorize the County Attorney to engage in voluntary mediation
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Packet Pg. 1443 Attachment: Developer Agreement - Emergent Development (no exhibits) (21674 : Authorize the County Attorney to engage in voluntary mediation
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Packet Pg. 1444 Attachment: Developer Agreement - Emergent Development (no exhibits) (21674 : Authorize the County Attorney to engage in voluntary mediation
EXECUTIVE SUMMARY
Public Hearing for the 2007-2008 Combined Cycles of Growth Management Plan
Amendments, including one 2009 Cycle Petition. (Adoption Hearing)
OBJECTIVE:
For the Board of County Commissioners to review the 2007-2008 combined cycles of
amendments to the Collier County Growth Management Plan (GMP) and consider approving
adopting) said amendments for their transmittal to the Florida Department of Community
Affairs.
CONSIDERATIONS:
Chapter 163, F.S., provides for an amendment process for a local government's adopted
Growth Management Plan.
Resolution 97-431, as amended, provides for a public petition process to amend the Collier
County GMP.
For this Adoption hearing, the 2007-2008 combined cycles of GMP amendments now
consist of five petitions - four private sector petitions and one County-initiated petition.
The Environmental Advisory Council held their transmittal hearing, for petitions CP-2008-4
and CP-2009-1 only, on September 2, 2009. The Collier County Planning Commission
CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their
transmittal hearings on October 19 and 20, 2009. The BCC held their transmittal hearing on
January 19, 2010. The Transmittal hearing recommendations of Staff, CCPC and BCC are
contained in the CCPC adoption hearing Staff Reports.
The Objections, Recommendations and Comments (aRC) Report from the Florida
Department of Community Affairs (DCA), dated April 5, 2010, contained Objections and
Recommendations regarding three of the private sector petitions: CP-2008-2, CP-2008-4
and CP-2009-1. The aRC Report is contained in the back-up materials.
Each petitioner's response to the aRC Report is contained in the back-up materials,
immediately in front of each of the three respective petitions.
Three of the petitions have been modified by the petitioner since being heard at BCC
transmittal hearings (CP-2007-3; CP-2008-2, partly in response to the aRC Report; and,
CP-2009-1, in response to the aRC Report), as noted herein.
This adoption hearing considers amendments to the following Elements of the Plan:
o Future Land Use Element (FLUE) and Future Land Use Map and Map Series; and
o Golden Gate Area Master Plan (GGAMP) and Future Land Use Map and Map
Series.
At Transmittal hearing, Commissioner Fiala requested staff provide a map identifying
approved and pending GMP A petitions. A map and accompanying spreadsheet are attached
which identify all approved and pending petitions since the last Evaluation and Appraisal
Report (EAR)-based GMP amendments were adopted in January 2007 (2005-2010 GMP
amendment cycle petitions).
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Packet Pg. 1445 Attachment: Executive Summary - 07-08 GMP cycle amendments - 7.28.10 special meeting (21674 : Authorize the County Attorney to engage in
LEGAL CONSIDERATIONS:
This Executive Summary and GMP amendment ordinances have been reviewed by the County
Attorney's office for legal sufficiency. - HF AC
FISCAL IMPACT:
There is some fiscal impact to Collier County as a result of the County-initiated petition CPSP-
2008-7 as it will require preparation of a subsequent GMP amendment following adoption of the
next Evaluation and Appraisal Report. in early 2011. However, that cost is for existing,
budgeted staff time. There are no fiscal impacts to Collier County as a result of the four private
sector amendments to the Gro'Wth Management Plan in that implementation of these amendments
will occur through subsequent development orders (Rezone or Conditional Use, Site
Development Plan, building permits, etc.) for which review fees are paid by the petitioner. The
exception is if any petition is found to be not "in compliance" with state statutes by DCA or is
found to be "in compliance" but that determination is challenged (see Growth Management
Impact, below). In either of those instances, Collier County may incur expenses to engage in
settlement negotiations and/or to prepare for and participate in an Administrative Hearing before
an Administrative Law Judge.
GROWTH MANAGEMENT IMPACT:
This is an adoption public hearing for the 2007-2008 combined cycles of amendments to the
Collier County Gro'Wth Management Plan. The DCA will have 45 days to review the adopted
Plan amendments for compliance with Chapter 163, F.S. and Rulc 9.1-5 F.A.C., and to file a
Notice of Intent" to find the amendments "in compliance" or not "in compliance." If
determined to be "in compliance" and a timely challenge to that determination is not filed by an
atTected party within 21 days, then the amendments will become etlective.
ENVIRONMENTAL ISSUES:
All four private sector amendments to the Growth Management Plan would increase allowable
development intensity. For two of those four petitions, no listed plant and/or animal species
have been observed or are known to be on the sites, and those sites do not contain jurisdictional
wetlands. For the other two private sector amendments (petitions CP-2008-4 and CP-2009-1),
listed plant or animal species havc been observed or are known to be on the sites and both
contain jurisdictional wetlands. As part of the process of obtaining subsequent development
orders (e.g. rezone and/or conditional use, site development plan), the sites will be subject to all
applicable local, state and federal environmental protection regulations, including applicable
portions of the Conservation and Coastal Management Element of the GMP, and the Land
Development Code.
HISTORICAL/ARCHAEOLOGICAL IMP ACT:
None of these amendment sites are known to contain lands identified as having historical or
archaeological importance. During review of subsequent development orders, all of these
petition sites will be subject to all applicable local, state and federal historical and archaeological
protection regulations.
2
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Packet Pg. 1446 Attachment: Executive Summary - 07-08 GMP cycle amendments - 7.28.10 special meeting (21674 : Authorize the County Attorney to engage in
COMPREHENSIVE PLANNING STAFF RECOMMENDATION:
The Staff recommendation follows each individual petition listed below.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC held its Adoption hearing on June 2,2010 (petitions CP-2008-4 and CP-2009-1 only);
their respective recommendations follow those two individual petitions listed below.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The Collier County Planning Commission held its required Adoption public hearing on June 15
and 17,2010. The CCPC recommendation follows each individual petition listed below.
I. PETITION CP-2007-3, Petition requesting an amendment to the Golden Gate Area Master
Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the
Mission Subdistrict to allow church and related uses, including schools, adult care and child
care, and community outreach, with a maximum of 90,000 square feet of total development,
for property located on the south side of Oil Well Road (CR 858), 1/4 mile west of
Everglades Boulevard, in Section 19, Township 48 South, Range 28 East, consisting of
21.72 acres. [Coordinator: David Weeks, AICP, GMP Manager]
Staff Recommendation: That the CCPC forward petition CP-2007-3 to the BCC with a
recommendation not to adopt.
CCPC Recommendation: That the BCC adopt petition CP-2007-3, as revised by petitioner
since Transmittal hearings (vote: 8/0) to clarify building height as zoned height, and to increase
allowable height for the worship center. The CCPC-recommended text is reflected in Ordinance
Exhibit A for this petition.
There were no speakers.
2. PETITION CP-2008-2, Petition requesting an amendment to the Golden Gate Area Master
Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to expand
and modify the Randall Boulevard Commercial Subdistrict to allow an additional 370,950
square feet of commercial uses of the C-4 zoning district, with exceptions, for property
located on the south side of Randall Boulevard, extending from 8th Street Northeast west to
the canal on the west side of the Big Corkscrew Island Fire Station, in Sections 26 and 27,
Township 48 South, Range 27 East, consisting of ",56.5 acres. [Coordinator: Michele Mosca,
AlCP, Principal Planner]
Subsequent to Transmittal hearings, the petitioner revised the petition text to: (a) reflect the
withdrawal of Tract 71 (owner of Tract 71 withdrew from this petition) so as to leave it as
presently approved (it is within the existing Randall Boulevard Commercial Subdistrict, is zoned
Randall Boulevard Center PUD, is approved for a specific list of about 13 uses, and is developed
with a convenience mart with gas pumps); (b) reduce proposed commercial square feet to
correlate with Tract 71 withdrawal; (c) add a project phasing requirement; (d) add a requirement
that a grocery store (minimum of 35,000 s.f.) be constructed within the first 100,000 s.f. of
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development; and, (e) include a companion draft Developer Contribution Agreement (DCA)
addressing transportation mitigation requirements.
Staff Recommendation: That the CCPC forward petItIOn CP-2008-2 to the BCC with a
recommendation not to adopt. Alternatively, staff offered changes to the petitioner's revised text
to: (a) further clarify allowed building square feet without changing that proposed in the overall
subdistrict; (b) correct a date reference; (c) correct an SIC Code reference nwnber; (d) add
requirement for a unified architectural theme; and, (d) modify the DCA.
CCPC Recommendation: That the BCC adopt petition CP-2008-2, per staffs alternative
language, and subject to the below transportation mitigation language for paragraph [,7. (vote:
8/0). The CCPC-recommended text is reflected in Ordinance Exhibit A for this petition.
7. Excluding the commercial zoning on Tract 71 and the existing approved commercial
zoning on the east one-half of Tract 54, any additional development in the Subdistrict
shall be developed in phases. Phase I shall be limited to 100,000 square feet of gross
leasable floor area. Subsequent phases shall not receive building permits until the
Randall Boulevard/lmmokalee Road intersection project. including the widening of
the segment of Randall Boulevard abutting the Subdistrict, as shown on Exhibit "N'
of the Developer Contribution Agreement adopted July 28, 2010 by the Board of
County Commissioners, has commenced. No Certificates of Occupancy shall be
issued for subsequent development phases until the Randall Boulevardllmmokalee
Road intersection project is substantially complete.
There were three public speakers, all in support of this petition.
Post-CCPC Action: Subsequent to the CCPC hearing, the petitioner submitted an addition to
the transportation stipulation to include flexibility in the event that alternative mitigation is
available in the future or no further mitigation is needed. That addition is sho,^,TI below. Staff
has no objection to this added text.
7. Excluding the commercial zoning on Tract 71 and the existing approved commercial
zoning on the east one-half of Tract 54, any additional commercial development in
the Subdistrict shall be developed in phases. Phase I shall be limited to 100,000
square feet of gross leasable floor area. Subsequent phases shall not receive building
permits until the Randall Boulevard/lmmokalee Road intersection project, including
the widening of the segment of Randall Boulevard abutting the Subdistrict, as shown
on Exhibit "A" as contained within of the Developer Contribution Agreement
adopted July 28, 2010 by the Board of County Commissioners, has commenced. No
Certificates of Occupancy shall be issued for subsequent development phases until
the Randall Boulevard/lmmokalee Road intersection project is substantially complete.
Neither the building permits limitations nor the Certificates of Occupancy limitations
shall apply if satisfactory alternative mitigation is approved by the Board of County
Commissioners pursuant to Transportation Element Policv 5. Lor if traffic conditions
change in such a manner that adequate capacity is available.
Words with no underline are as recommended for Adoption by CCPC; words underlined are added by
petitioner post-CCPC hearing.)
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Subsequent to Transmittal hearings, the owner of Tract 71 (site zoned Randall Blvd. Center PUD
and containing a convenience mart with gas pumps) formally withdrew from participation in this
petition. Accordingly, the applicant modified the proposed subdistrict text to provide for the
same list of uses presently listed in the existing subdistrict.
On April 14, 2009, the BCC heard and approved an Appeal of a Zoning Verification Letter
pertaining to this existing subdistrict resulting in the subdistrict being allowed all uses of the C-2,
Commercial Convenience, zoning district. Staff suggests the list of uses for Tract 71 should be
replaced with reference to the C-2 district uses so as to reflect that prior BCC action. Doing so
would not grant that property owner any development rights not presently existing.
However, staff notes that approval of this petition as requested by petitioner (for all other
properties in the existing and expanded subdistrict) would result in Tract 71 being bounded on
both sides by property eligible for C-4 uses. This would create some concerns regarding
potential incompatibility and preclusion of future aggregation and development due to the
disparity in allowed uses. Allowing the same uses on Tract 71 as in the rest of the subdistrict
most C-4 uses) would eliminate those concerns. But, doing so would grant additional
development rights to the owner of Tract 71 which could potentially increase the value of Tract
71. If additional portion(s) of Tract 71 is needed for future road widening, intersection
improvements and/or provision of utilities, then the County could potentially have to pay a
higher cost to obtain the needed portion(s) of Tract 71.
Should the BCC approve this petition, staff recommends Tract 71 be allowed the same uses as
allowed elsewhere the Subdistrict.
3. PETITION CP-2008-4, Petition requesting an amendment to the Future Land Use Element
and Future Land Use Map and Map Series, to re-designate from Rural Fringe Mixed-Use
District (RFMUD) Sending Lands to Neutral Lands property located on the east and south
sides of Washburn Avenue, east of the Naples landfill, in Section 31, Township 49 South,
Range 27 East, consisting of *28.76 acres. [Coordinator: Corby Schmidt, AICP, Principal
Pianner]
Staff Recommendation:
That the CCPC forward petition CP-2008-4 to the BCC with a recommendation to retain the
existing designation as RFMUD Sending Lands but to add a text provision allowing the one
proposed use subject to conditional use approval.
This petition was approved for Transmittal to re-designate the property to RFMUD Neutral
Lands. However, in response to the ORC Report and subsequent discussion with DCA, staff no
longer supports the re-designation of the property, rather supports it remaining as RFMUD
Sending Lands but with a text change to add the one proposed use as an allowed conditional use.
The basis for change in statr position is as follows:
a. DCA verbally indicated support of this position whereas the ORC Report contains an
Objection to the re-designation;
b. this text exception will avoid creation of a hole-in-the-donut or Swiss cheese on the
FLUM (small site designated Neutral Lands that is completely surrounded by Sending
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Lands), a concept consistently endorsed by statl" and hearing bodies since the time of the
Rural Fringe OMP Amendments in 2001-2002.
c. a similar text exception already exists in the Sending Lands for Collier County property
in Section 25, adjacent to the north of the landtill, for [some] uses complementary to the
landfilL
d. the subject site is also adjacent to the landfill and the proposed use is complementary to
the landfill;
e. the subject site contains a pre-existing use, a use also complementary to the landfill;
f this exception is specific to the subject site only;
g. no additional clearing is allowed; and.
h. data and analysis demonstrated (in staffs opinion) that the site doesn't warrant Sending
Lands designation.
CCPC Recommendation: That the BCC adopt petition CP-2008-4 per statl" recommendation
and as the text was revised at the CCPC hearing for clarity (vote: 8/0). The CCPC-recommended
text is reflected in Ordinance Exhibit A for this petition, and is also listed below.
8. Conditionai Uses:
a) The foliowing uses are conditionaliy permitted subject to approval through
a public hearing process:
5) Facilities for resource recovery and for the coliection. transfer.
processinq and reduction of solid waste. for a :1:29 acre property
located within the southwest quarter of the southwest quarter of
Section 31. Township 49S. Ranqe 27E. provided previouslv cleared or
disturbed areas are utilized so as to avoid impacts to native habitats
and to protect existinq conservation easement areas from new or
expandinq uses. This shali not be interDreted to aliow for the
establishment or expansion of facilities for landfiliinq. drvfillinq,
incineratinq. or other method of onsite solid waste disposal.
There was one public speaker in support of the revised petition.
4. PETITION CPSP-2008-7, Staff Petition requesting an amendment to the Future Land Use
Element to add a new Policy 4.11 pertaining to aligning planning time frames in the OMP.
Coordinator: David Weeks, AICP. Planning Managerl
Staff Recommendation: That the CCPC forward petition CPSP-2008-7 to the BCC with a
recommendation to adopt as transmitted.
CCPC Recommendation: That the BCC adopt petll10n CPSP-2008-7 as approved for
Transmittal by BCC (vote: 8/0). which is reflected in Ordinance Exhibit A for this petition.
There were no public speakers.
5. PETITION CP-2009-I. Petition requesting an amendment to the Future Land Use Element
and Future Land Use Map and Map Series (FLUE/FLUM), to create the Dade-Collier
Cypress Recreation Area District within the Conservation Designation, for property located
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along the Miami-Dade/Collier County border, in Sections 13, 14, IS & 16, Township 53
South, Range 34 East, consisting of 1,608:t acres. [Coordinator: David Weeks, AICP, GMP
Planning Manager]
Staff Recommendation: That the CCPC forward petition CP-2009-1 to the BCC with a
recommendation not to adopt.
CCPC Recommendation: That the BCC not adopt petition CP-2009-1 (vote: 8/0). The text
approved for Transmittal by the BCC is reflected in Ordinance Exhibit A for this petition.
There were three public speakers, all in opposition to this petition.
STAFF RECOMMENDATION:
Staff recommendations for the 2007-2008 combined cycles of Growth Management Plan
amendments, including one 2009 cycle petition, are as reflected above following each petition.
CCPC RECOMMENDATION:
The Collier County Planning Commission held their required public hearing on June IS and 17,
2010. The CCPC forwarded the 2007-2008 combined cycles of Growth Management Plan
amendments, including one 2009 cycle petition, to the Board of County Commissioners with
recommendations as reflected above following each petition.
PREPARED BY: J)~ LJ~~- DATE: (-/1-1.0
DAVID WEEKS, AICP, GMP MANAGER
COMPREHENSIVE PLANNING SECTION
LAND DEVELOPMENT SERVICES DEPARTMENT
REVIEWED BY:DATE: ,-;1..0-/0
MICHAEL BOSI, AICP. PLANNING MANAGER
COMPREHENSIVE PLANNING SECTION
LAND DEVELOPMENT SERVICES DEPARTMENT
REVIEWED BY:y
WILL M LORENZ, P.E., ECTOR
LAND DEVELOPMENT SERVICES DEPARTMENT
DATE:7'Z.0'/D
APPROVEDBY:~~ DATE: '1~t">~C'l
NI CASALANGU E UTY ADMINISTRATOR
GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION
EX SUM Adoption 2007-2008 combined cycles
G:\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2007-2008 Combined Cycle Petitions\BCC Adoption dwI7.19.10
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EXECUTIVE SUMMARY
Recommendation to approve a Developer Agreement between Emergent Development
Group, Inc., PAC of Collier, Inc., Big Corkscrew Island Fire Control and Rescue District
and Collier County to convey right-of-way, and fund the design, permitting and
construction of the water management system for phased intersection improvements at
Immokalee Road and Randall BouIevard. This agreement is a companion item to the
Growth Management PIan Amendment petition CP-2008-2.
OBJECTIVE: To have the Board of County Commissioners (BCe) approve the Developer
Agreement between Emergent Development Group, Inc. ("Developer"), PAC of Collier, Inc.
PAC"), Big Corkscrew Island Fire Control and Rescue District ("Fire District") and Collier
County ("County") to convey right-of-way, and fund the design, permitting and construction of
the water management system for the phased intersection improvements at Immokalee Road and
Randall Boulevard to mitigate traffic impacts associated with Growth Management Plan
Amendment petition CP-2008-2.
CONSIDERATION: The initial review of CP-2008-2 noted that there is insufficient roadway
capacity on Randall Boulevard and the intersection of Randall Boulevard and Immokalee Road
to find the project consistent with Policy 5.1 of the Transportation Element. This location has
been identified as a critical roadway and intersection within the Long Range Transportation Plan.
Staff, the Developer and the adjacent property owners have worked together to develop a
preliminary concept plan and corresponding agreement that identifies commitments required to
plan for improvements at this location. The following items were considered and documented in
developing this agreement:
The County will eventually widen, reconstruct and realign the intersection of Randall
Boulevard and Immokalee Road.
The proposed development would not have sufficient roadway capacity to develop
without improvements to the roadway network.
The impacts of the Road Project upon the County Parcel may require the County to
relocate the facilities ofthe Division of Forestry Services to another property.
The Road Project may require changes to the existing access from Immokalee Road and
Randall Boulevard to the Fire District Parcel A, the Shopping Center Parcel and the
County Parcel.
Various land parcels will need to be exchanged among a number of parties, and
relocation of existing public facilities must be accomplished concurrently with existing
developed sites and future development.
The Developer will convey to the County, at no cost to the County, approximately eighty
feet (80') of right-of-way.
The Developer will fund the design, permitting and construction of the water
management system for the phased intersection improvements at Immokalee Road and
Randall Boulevard.
The Developer will provide for a local access route through the Proposed Development
that will assist in accommodating traffic movements through the existing Randall
Boulevard Commercial Subdistrict.
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This agreement represents an initial set of terms that would allow for the development to proceed
forward with adoption. An updated agreement with more specific exhibits will be required prior
to the rezone in order to finalize the commitments after the County and the Developer have
proceeded further with design and permitting oftheir respective improvements.
FISCAL IMPACT: The County would benefit from cost savings for the ROW, water
management system and cost of relocating the Division of Forestry.
GROWTH MANAGEMENT IMP ACT: This agreement provides the specific mitigation
stipulations necessary to comply with Growth Management Plan (GMP) Transportation Element
Policy 5.1 to make the Proposed Development and Proposed Development B consistent with the
GMP.
LEGAL CONSIDERATIONS: The Developer Agreement was drafted by the County Attorney
and is legally sufficient for Board action.
RECOMMENDATION: That the Board of County Commissioners approve the Developer
Agreement between Emergent Development Group, Inc., PAC of Collier, Inc., Big Corkscrew
Island Fire Control and Rescue District and Collier County to convey right-of-way, and fund the
design, permitting and construction of the water management system of the phased intersection
improvements at Immokalee Road and Randall Boulevard consistent with the Growth
Management Plan amendment adopted today. Also, direct staff to prepare an updated agreement
to define these commitments prior to the rezone approval.
Prepared By: Nick Casalanguida, Deputy Administrator, Growth Management Division
Attachments: 1) Developer Agreement; 2) Exhibits A through P
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, July 28,2010
GMP AMENDMENTS
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and
also acting as the Board of Zoning Appeals and as
the governing board( s) of such special districts as
have been created according to law and having
conducted business herein, met on this date at 11 :25
a.m., in SPECIAL SESSION in Building "F" ofthe
Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Fred Coyle
Jim Coletta
Donna Fiala
Frank Halas
Tom Henning (via speakerphone)
ALSO PRESENT:
Jeffrey A. Klatzkow, County Attorney
Heidi Ashton, Assistant County Attorney
David Weeks, Comprehensive Planning
Michele Mosca, Comprehensive Planning
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MR. WEEKS: ***Commissioners, your next item is petition
CP-2008-2, petition requesting an amendment to the Golden Gate Area
Master Plan and Golden Gate Area Future Land Use Map and Map
Series to expand and modify the Randall Boulevard commercial
subdistrict to allow an additional development intensity not to exceed
360,950 square feet of commercial uses ofthe C4 zoning district with
exceptions for property located on the south side of Randall Boulevard
extending from 8th Street Northeast, west to the canal on the west side
of the Big Corkscrew Island Fire Station in Sections 26 and 27,
Township 48 south, Range 27 east, consisting of approximately
56-and-a-half acres.
And Commissioners, you do have some registered speakers for
this item.
CHAIRMAN COYLE: Okay. How many speakers do we have?
MR. WEEKS: Looks like six.
CHAIRMAN COYLE: Six, okay.
Mr. Anderson, if you'd like to make a brief presentation.
MR. ANDERSON: Yes, sir, thank you.
My name is Bruce Anderson from the Roetzel & Andress Law
Firm, and with me today is the principal ofthe Emergent Development
Group, Mr. Jack Sullivan. Also with me is Tim Hancock, the director
of planning for Davidson Engineering.
You will probably recall this application from your prior hearing.
It enjoys widespread community support.
The Department of Community Affairs raised two objections to
this amendment. The first objection was to the original language
which referred to allowing uses that are permitted in the C4 district.
Their concern was that the language would allow for a self-amending
Comprehensive Plan.
Their thinking is that ifthe County Commission later decided to
amend the C4 zoning district to allow additional uses, that that would
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have the effect of allowing those uses automatically in the Randall
Boulevard subdistrict.
So we held conversations with DCA and with your staff, and we
have resolved that by tying the C4 uses to those that are in existence
today. We used that in a similar fashion on another subdistrict in the
Golden Gate Master Plan.
Their second objection concerned transportation planning. Their
concern has been addressed by adding project phasing language tied to
the improvements of Randall Boulevard. There is adequate capacity
there today to accommodate Phase I of the project, which is limited to
100,000 square feet.
There is additional language that was added after the Planning
Commission by your staff with the agreement of my client, and that's
featured in your executive summary. That will allow Phase II to move
forward once there is sufficient capacity on Randall Boulevard to do so.
The other substantive change to the amendment text is that my
client has agreed to -- that a grocery store anchor of at least 35,000
square feet would be included in the Phase I portion ofthe project.
You have a companion item which is a developer contribution
agreement. It was being negotiated at the time of your transmittal.
Under the broad parameters ofthat agreement, my client is donating
right-of-way without impact fee credits for the eventual six-laning of
Randall Boulevard.
Under the DCA, both the fire station and the forestry service
building on the county's property will be moved, and those two essential
service agencies will collocate on the eastern corner of 8th Street and
Randall Boulevard, where a traffic signal is eventually planned to go.
That relocation will be at the sole expense of my client and another
property owner, and that includes the cost of rezoning the property,
getting SDP approval, and providing site improvements.
At the outset, my client set out to create a win-win-win situation
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for the county, the neighbors in the community, and through that
petition and the DCA that we have before you, we believe we've
accomplished that.
We thank you for your consideration.
CHAIRMAN COYLE: Thank you very much.
Commissioner Coletta?
COMMISSIONER COLETTA: I'm sorry. Sir, could you -- I
could wait until after the speakers, if you don't mind.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: But I do want to speak after that.
CHAIRMAN COYLE: Okay. Who are the speakers? Could
you stand, please, for me? Is there anyone here who objects to this
petition? Okay. There is one person who objects. Okay. Then we
will call the speakers in order. Thank you.
MR. WEEKS: First is James Siesky, who will be followed by
Karen Acquard.
MR. SIESKY: Good morning, Commissioners. My name is Jim
Siesky ofthe law firm ofSiesky, Pilon, and Potter. I'm here on behalf
ofUrika Oil, Inc., and its president, Francisco Colasso, who's with me.
We didn't want to be here to object today, and it's really not our
desire to object, but we're really left with no alternative.
We were approached by Mr. Sullivan, I guess, in June of2008. In
April of 2009 we entered into an agreement where we would participate
in the Randall Boulevard subdistrict along with his proposal.
Backing up a little bit. Urika Oil owns the existing gas station and
convenience store that's at the corner of Randall and Immokalee Road.
Our primary concern from the very beginning has been access,
because access to the station is crucial to my client's business.
We've had meetings with your county Transportation Department
and Mr. Sullivan and his staff. Unfortunately it seems that there's no
alternative that will give my client reasonable access to his property
o"..__..____
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once development goes forward here.
Your staff, your transportation staff, and I have no objection with
their concept, because we've hired our own traffic engineer, and he
couldn't come up with anything better. He says that the county staff
wants a direct route going west or -- excuse me -- east on Immokalee
Road, and it would join with Randall. Perfectly reasonable. The only
problem is, we have a right-in, right-out.
The access, if you're coming from the west, either on Randall or on
Immokalee Road, is that you're going to have to take an out-of-the-way
mile trip to get to my client's property and back to your intended route
which, as you know, is going to just severely damage his business.
We've explored other alternatives, even consulted with an eminent
domain attorney. That's probably not a reasonable solution because the
county probably has the ability to do what it intends to do without any
compensation to my client.
We've consulted an appraiser to see whether or not this change in
use would be of a significant value for my client. It will not.
We've tried to negotiate some sort of an arrangement with Mr.
Sullivan for an exchange of property or other possibilities. That was
not successful.
CHAIRMAN COYLE: That's your time limit. But, please, we
want to understand the problem thoroughly, so if you could summaries
quickly, we'll grant you additional time.
MR. SIESKY: Thank you, sir.
The problem is the construction of the road. This development will
necessitate construction of that road sooner. From my client's point of
view, the longer that the construction ofthat road can be delayed, the
better his business will be. And he has --
CHAIRMAN COYLE: Well, we're good at that.
MR. SIESKY: He has provided a service to this community over
the years. He's been there since 1996. There's a convenience store, a
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fast-food restaurant, a bank, and a gasoline station there. And we would
request whatever help you can give us.
CHAIRMAN COYLE: Okay.
MR. SIESKY: Thank you very much.
CHAIRMAN COYLE: Thank you. Thank you.
MR. WEEKS: Karen Acquard, to be followed by Pat Humphries.
MS. ACQUARD: Good morning, Commissioners. For the
record, it's Karen Acquard.
Our home is directly behind this proposed center. As before, I'm
speaking on behalf of myself, my husband, and a majority of the
homeowners whose property is adjacent to this proposed development.
We are in favor of it. This is the first developer who has come
along who has given us, in writing, promises that would protect us from
the noise and the dirt and so on from the six lanes.
I also happen to have served on the last Golden Gate Master Plan
Restudy Committee and -- from its inception to its sunset. I missed two
meetings in two years, and we met every other Wednesday.
This center meets the intent ofthat master plan because it is on the
periphery ofthe Estates. The location is such that Emergent can attract
the primary stores and businesses.
Being involved in Estates things for many years, I have learned
that the one thing that big businesses insist on is rooftop demographics.
You can set them on a corner, and they can count all the cars that go past
a site and say, oh, my God, and they have no place else to go, and you
take it to corporate headquarters and they go, we can't count enough
rooftops. That's why it took us ten years to get a scale-down
Walgreen's on one corner.
This has Waterways, Orangetree, Valencia Lakes, and Citrus
Green rooftops. The big businesses can count the rooftops they want,
and they should be happy to bring their stores there.
Emergent is working with the residents to -- and has pledged to
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continue to get our input to bring us the design we like and stores that
we would -- we want. We feel what -- ifthere's going to be
commercial, we want quality commercial, and they are committed to
bringing that out there.
And finally, I want to point out to all of you what a shot in the arm
this center could be to the economy out in our area. It will provide jobs
in road construction, it will provide jobs in building construction, and
when it's completed, you're talking hundreds of jobs in the stores,
offices, and restaurants there.
I urge you to approve this change because by doing so you can
have a home run, a touchdown, and a checkered flag all in one for us.
Thank you.
CHAIRMAN COYLE: Thank you.
MR. WEEKS: Pat Humphries, to be followed by Vahan
Nazarian.
MS. HUMPHRIES: Good morning. My name is Pat
Humphries. I'm a resident of Golden Gate Estates, a former board of
director for the Golden Gate Estates Area Civic Association, present
board of director for the homeowners' association for the Golden Gate
Estates, Estates Land Trust Committee member, and a volunteer for the
Shy Wolf Sanctuary. Today I am speaking for myself.
In 1992 I moved to Golden Gate Estates. Shortly thereafter, I heard
a rumor that there was going to be a Winn Dixie on Immokalee Road in
front of Orangetree. It didn't happen.
In 1999, a developer made a presentation to the Estates Civic
Association promising a Publix. It didn't happen.
Now, finally we have a commitment for a shopping center with a
quality grocery store in the right place and the right time and about time.
I enthusiastically support this project because it is compatible with
the Golden Gate Area Master Plan and will serve the residents of the
Estates without impacting the rural character. I am confident that
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Emergent will build a facility that will satisfy the community both
aesthetically and commercially. Thank you.
CHAIRMAN COYLE: Thank you.
MR. WEEKS: Mr. Vahan Nazarian, to be followed by Frank
Alameda.
MR. NAZARIAN: Good morning, Commissioners.
CHAIRMAN COYLE: Good morning.
MR. NAZARIAN: My name is Vahan Nazarian, as the person
just said, and I live at Valencia Golf and Country Club development.
And I just want to lend my voice in support of the Randall
Boulevard shopping plaza. And it's going to provide a shopping
facility that's convenient and is sorely needed for our area.
Thank you very much.
CHAIRMAN COYLE: Thank you.
MR. WEEKS: Mr. Chairman, I think it appropriate, and I hope
you agree, that I should point out that both Mr. Nazarian and the next
speaker, Frank Olmeda, have signed up as representing the petitioner,
Emergent Development, just for the record.
CHAIRMAN COYLE: Okay, thank you.
MR. WEEKS: And the final speaker after Mr. Olmeda would be
Paul Unsworth.
CHAIRMAN COYLE: Okay.
MR. OLMEDA: Good morning, Commissioners.
CHAIRMAN COYLE: Good morning.
MR. OLMEDA: My name is Frank Olmeda. I live at the
Valencia Golf and Country Club. My wife and I are in full support of
this proposed development, and we encourage the commissioners to
support and vote for -- in favor and vote yes.
Thank you.
CHAIRMAN COYLE: Okay. Thank you.
MR. WEEKS: And again, the last speaker, Paul Unsworth.
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MR. UNSWORTH: Hi. My name's Paul Unsworth. I'm a
resident of Valencia Lakes. I'm also the chairman ofthe advisory
committee to the developer of Valencia Lakes. I've been in contact
with the developer and various residents within the community,
Valencia Lakes community, that is, and I wholly -- wholeheartedly
support the development.
The developer has assured us and our committee that we would be
involved with the design and planning aspects of it so it doesn't impact
our community. It's something we really need out there. Granted, the
nearest shopping center is five-plus miles.
Just wanted to lend my support for this project. And there's others
in our community as well that feel the same way. Thank you.
CHAIRMAN COYLE: Thank you very much.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Thank you, sir.
Mr. Anderson, if I may, a couple of questions. You know, the only
objection we had -- and I mean, it's for good reasons. When anybody
has a business and they've had it for a number of years and they've put
themselves into it and they feel threatened by what's happening with
progress -- I mean, whether you went there or not, eventually the road's
going to be four or six laned, and the same scenario of events is going to
take place and the same problem we're having with E-Grocery stores,
the one on Immokalee Road and the one on Golden Gate Boulevard,
access can't be traditionally held when you go from a two-lane road to a
four- to a six-lane road; however, as has been pointed out, that when this
project comes, it's going to force the road to happen that much sooner,
which -- I'm sorry. Would you elaborate on that a little bit.
MR. ANDERSON: I'll defer to Mr. Casalanguida.
COMMISSIONER COLETTA: Oh, okay.
Nick, we're calling on your expertise.
MR. KLATZKOW: Hot potato.
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CHAIRMAN COYLE: This is called passing the buck.
COMMISSIONER COLETTA: Yeah, don't go too far, Mr.
Anderson. I'm not through with you yet.
COMMISSIONER HALAS: Typicallawyer.
MR. CASALANGUIDA: He only passed 25 cents, so we can get
him on the way out, if you don't mind.
For the record, Nick Casalanguida with Growth Management
Services.
The road is not presently deficient and it would accommodate up to
100,000 square feet right now. Because this is a Growth Management
Plan amendment and there's a rezone to follow sooner, there is nothing
programmed for that road to go into construction at this time within the
five-year work program.
So approving a Compo Plan amendment at an intersection we've
already defined as a critical intersection will not cause us to build that
road faster per se.
COMMISSIONER COLETTA: And am I correct in assuming,
too, that if they put the supermarket in place -- which, by the way, Mr.
Anderson, thank you for picking up on my suggestion for including that
as the starting point for your project.
The inclusion of that grocery store will not cause the automatic
improvements to the intersection requiring them?
MR. CASALANGUIDA: No, sir.
COMMISSIONER COLETTA: So in other words, they could go
through with the first phase of it. So we're probably looking at a time
frame of five-years-plus; is that correct?
MR. CASALANGUIDA: You know, I hate to put a time frame
on it. You know, we'd have to wait and see when the funding was
available and the demand that came online.
I think one important note is the developer and his attorney -- and
Francisco is a nice guy. I met with him many times. They reviewed
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our design and said they couldn't find anything better. I mean, that is
eventually what we're going to build when we expand that roadway.
We'll work with them and try and do what we can, but our design is
not affected, per se, by this development. It's affected by the design of
that road and the function of the roadway itself.
COMMISSIONER COLETTA: Okay. Thank you very much,
Nick.
Question, again, for Mr. Anderson.
CHAIRMAN COYLE: Don't go away, Nick.
MR. CASALANGUIDA: Okay.
COMMISSIONER COLETTA: Yeah. Mr. Anderson, is there
any intentions of this development including another gas station and
convenience store within its -- its planned development?
MR. ANDERSON: No.
COMMISSIONER COLETTA: So in other words, you wouldn't
be competing in any way at some point in time when you do reach that
critical point? I mean, of course the grocery store, I imagine, would be
of some competition for a convenience store. But in reality, it's going to
about stay the same.
Okay. Well, I appreciate that, but I do have another question, too.
We were talking about the -- the compatibility of this and the possibility
that there's the concern over commercialization of the area and the
carrying capacity for yourself and other developments that have
previously been approved and possible new developments that may
come down beforehand.
I understand your client has done a study on this; is that correct?
MR. ANDERSON: That's correct.
COMMISSIONER COLETTA: Would you share that with us at
this time?
MR. ANDERSON: Yes. It was submitted to your staff, and it
finds that there is sufficient need for what exists and what is proposed
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both with our petition and another one that the commission chose not to
transmit.
COMMISSIONER COLETTA: Okay. And just one last thing
I'd like to add. I think this is a wonderful project that's got the support
of the community over and above what you normally see, and I
commend you for bringing everybody together on this.
I'd like to correct one thing. We had reference about the master
plan and reference about the peripheral (sic) ofthe master plan. And
there's no references in the master plan regarding on the peripheral. It
may have taken place in discussions, but it never became part of the
master plan, and I just wanted to correct that for the record. Other than
that, this project's got my total support.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: In the summary of this, originally it
said that the Planning Commission had turned this down.
COMMISSIONER COLETTA: No.
COMMISSIONER HALAS: I thought it did, staff
recommendation. Okay. I thought it was --
MR. ANDERSON: It was approved at transmittal and at
adoption.
COMMISSIONER HALAS: Okay. And then there was some
changes that were made, is that correct, to the wording of this
document?
MR. ANDERSON: Yes, sir, yes, sir. At the very last sentence
under the transportation mitigation section, it would read that neither the
building permit limitations nor the certificates of occupancy limitations
shall apply if satisfactory alternative mitigation is approved by the
Board of County Commissioners pursuant to Transportation Element
Policy 5.1, or if traffic conditions change in such a manner that adequate
capacity is available.
COMMISSIONER HALAS: Okay, okay.
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CHAIRMAN COYLE: Commissioner Fiala -- oh, I'm sorry. Go
ahead.
COMMISSIONER HALAS: I have one more questions. This is
for Nick.
Do you have a pictorial of the proposed transportation in regards to
the gentleman that is representing the gas station there?
MR. CASALANGUIDA: Yes, sir, I do. North is this way up on
the viewer.
COMMISSIONER HALAS: Yep.
MR. CASALANGUIDA: This is Immokalee Road as it currently
exists, and then you have that T intersection that comes down. And
right now there's a reverse frontage road that takes you back into this
site, which is the gas station site that currently exists, the shopping
center site that exists, and the fire station site that exists.
COMMISSIONER HALAS: Oh, okay. Got it now. I see.
MR. CASALANGUIDA: What the county designed and is part
of their process was to put a pond site on this vacant parcel, which is part
of Emergent Development, whereas now Emergent Development has
come forward and said, we will build the water management system.
So the design coming offwould be a free-flow ramp that would
continue on, and then you would peel off and come back into the site
and then come back around and go out and continue on. And this is the
design that was presented to the property owner and reviewed by their
traffic engineer that said that is the most feasible way of providing
access to the property in the future condition.
COMMISSIONER HALAS: Now, can you explain -- they said
in regards to this that they'd have to go a mile out ofthe way before
they --
MR. CASALANGUIDA: I think they're referencing their left
bound access.
CHAIRMAN COYLE: Southbound, southbound traffic on
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Immokalee.
MR. CASALANGUIDA: Well, to come in, coming from
westbound, since there's no direct way to come in, you would have to go
down Immokalee, make a U-turn and then come back around and then
come in. And quite frankly, Commissioners, intersections are the worst
place to provide access for.
Now, keep in mind, you're seeing right now a stop. In the future
condition this becomes a flyover and comes down.
Immokalee/Randall becomes your -- one of the most highest
volume intersections there is. You have Ave Maria, Big Cypress,
potentially the lab we talked about, Serenoa Development, and
everything that goes on. We're trying to make this a free-flow
intersection as much as we can.
COMMISSIONER HALAS: The intersection you presently
have, that's dangerous, very dangerous.
MR. CASALANGUIDA: It is, sir, because you, currently right
now, have an access point that peels off this way and comes in to serve
them, and it backs up in the morning past that.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Well, my questions have been
answered. Between Commissioner Halas and Commissioner Coletta,
I've got them all answered. Thank you.
CHAIRMAN COYLE: I'd like for you to get more specific about
when this is likely to happen. You said it's not in the five-year plan
now?
MR. CASALANGUIDA: Correct, sir. The only thing we have
now is similar to what we've done at Immokalee and Collier where
Commissioner Coletta and I had worked with the developer there, is you
just -- you're planning and designing and acquiring little bits of
right-of-way in preparation of doing the ultimate project when you
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move forward.
There's nothing in the five-year CIE other than the county doing
the preliminary design, any preliminary permitting with the developer
as we prepare for this project.
We anticipated probably a year ago that Big Cypress was going to
move forward. They had the DRI, and they suspended it. This would
have been an intersection that probably would have been funded by that
DRI.
Now we're at a point where we don't anticipate anything coming
forward that would drive the construction of that intersection.
CHAIRMAN COYLE: So it's definitely not going to happen in
five years?
MR. CASALANGUIDA: Sir, I think you know our funding, sir.
There's nothing in our five-year CIE, and our funding is looking bleaker
going into fiscal year' 12 than it is -- than it is right now.
CHAIRMAN COYLE: Okay. Does that help you any at all?
MR. SIESKY: Thank you, Commissioner. It gives some
comfort. But in speaking with Mr. Casalong- -- Casaluingda?
COMMISSIONER FIALA: Casalanguida. Isn't that a
wonderful name?
MR. SIESKY: Casalanguida? I love the name. It's harder than
Siesky.
He indicated to us that the five-year plan is revisited every year.
So with development here and other development, it is possible that
next year it could be in the five-year plan; is that not true?
MR. CASALANGUIDA: It's always possible that Big Cypress
comes back on line and we have a large development that says, I want to
fund this intersection in order to proceed, and I can't -- I can only
speculate when that would happen, but I know you know the
environment right now. There is nothing programmed and nothing
really on the horizon that would drive that intersection.
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CHAIRMAN COYLE: The chances are, if it came into the
five-year program, it would be in the fifth year ofthe five-year program.
MR. SIESKY : We can only hope.
CHAIRMAN COYLE: Yeah. I don't see anything accelerating
it to the two-year horizon because just the permitting process is going to
take that long.
MR. CASALANGUIDA: Design and permitting will take at least
24 to 36 months, two to three years, yeah.
CHAIRMAN COYLE: So I think your chances are this is going
to be a while, but I don't know of a -- I don't see a long-term solution for
you here, which is unfortunate.
MR. SIESKY: Right, thank you.
CHAIRMAN COYLE: Okay, sure. Okay.
COMMISSIONER COLETTA: Motion to approve.
CHAIRMAN COYLE: That was the last public speaker?
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: We have a motion for approval by
Commissioner Coletta, and a second by Commissioner Halas.
And a comment by David Weeks.
MR. WEEKS: Mr. Chairman, there's one issue staff needs to
bring to your attention. It's in the executive summary on Page 5, and
this pertains to the property we were just discussing.
CHAIRMAN COYLE: Tract 71.
MR. WEEKS: Tract 71, which is in the striping pattern here. At
one time they were a party to this application, and that changed earlier
this year. They are no longer a party to that application.
One of the changes that the applicant made post-transmittal, that is,
leading up to these adoption hearings, was simply to remove that
property from their proposed changes and expansion to the petition.
Commissioner Henning is now present via speakerphone.)
MR. WEEKS: That is, the subject -- the Tract 71 is already in the
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existing Randall Boulevard subdistrict, but no longer being a party to
this application, then they would keep the same uses they're approved
for today. That is, ifthis application is approved as requested, there
would be no change in use for Tract 71, and that is appropriately so.
The applicant had just left them alone. They made no changes to their
status. They did not change their development rights.
You might recall several months ago this commission approved an
appeal to a zoning letter relevant to Tract 71 and also the next parcel to
the west. Those are two different PUDs that, together, they comprise
the existing Randall Boulevard subdistrict. The action you took was to
allow C2 uses throughout this existing subdistrict.
So back to Tract 71. By your action, despite what the language
states in the Comprehensive Plan or the PUDs, those properties -- and
we'll focus on Tract 71 again -- are allowed C2 uses.
So as a matter of cleanup to the master plan language, one of your
options would be to change the language for Tract 71 and replace that
existing list of uses with a phrase that would state all C2 uses, because
that is consistent with your prior action on that property.
Staffis further offering an option that you allow all of the same
uses that are being proposed for this whole expanded subdistrict, that is
mostly C4 uses, to also apply to this Tract 71 even though they're no
longer a party to the application.
And our rationale is this: There's some compatibility concern
over the Tract 71 being limited to C2 uses and the rest ofthis new
subdistrict being allowed mostly C4 uses, but it -- an even larger
concern from the staff perspective is, in thinking long term, the potential
for aggregation and redevelopment to occur. And if this Tract 71 is
limited to C2 uses but the properties on both sides of it are allowed C4
type uses, that potentially could preclude the ability for that aggregation
and development.
So to try to boil it down, there's three options that you have. One
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is to leave the application as it is, which means if you approve it, Tract
71 will be allowed C2 uses based upon prior board action.
Second option is to specifically change the language for Tract 71 to
specifically say C2 uses are allowed. That's the cleanup part. Neither
of those two actions change the development rights ofthat Tract 71.
The third option is to make Tract 71 eligible for all ofthe uses as
they're being proposed for the balance of this subdistrict. That does
increase their development rights. That makes it -- the owner of Tract
71 could then come in and request a modification to their PUD to allow
those C4 uses on the property.
Last comment is, what is the downside to the county? There may
or may not be any, but as Nick was just discussing intersection
improvements, it's possible that some portion of Tract 71 might be
needed to accommodate that future improvement to the intersection,
that is, we might need some land from Tract 71 for right-of-way or
utilities or some of both. And, if we have to purchase the property from
Tract 71, there's the potential that the value ofthat property might have
increased by being allowed C4 uses versus C2.
CHAIRMAN COYLE: Okay. I have -- well, Commissioner
Halas has a question, but let me try one first.
Am I to conclude from this that the action that would serve the best
interests ofthe property owners would be the action that would permit
it, Tract 71, to have the same use as allowed elsewhere in this
subdistrict?
MR. WEEKS: I would certainly think so, yes, sir, to allow the
same, yes, SIr.
CHAIRMAN COYLE: And before we make a decision, should
we not talk with the people who own that property to find out what their
preference would be? Have we done that? Do we have any idea what
we're doing to those property owners there?
MR. WEEKS: Staffhas not discussed that with them, and I'm
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glad to see that they're here to -- if they wish to speak.
CHAIRMAN COYLE: Okay. Does the same owner own 71 as
all the --
MR. WEEKS: No, sir, separate.
CHAIRMAN COYLE: Do you own the entire Tract 71?
MR. SIESKY: Yes, sir.
CHAIRMAN COYLE: Could you give us some indication as to
which option you'd like to see us --
MR. KLA TZKOW: May I just interrupt?
CHAIRMAN COYLE: Sure.
MR. KLA TZKOW: David, have we advertised for this?
CHAIRMAN COYLE: That's what's bothering me here.
MR. KLATZKOW: Have we advertised for any ofthis? No,
right?
MR. WEEKS: No. The advertisement is -- no.
MR. KLATZKOW: I don't know how we can go forward with
this.
COMMISSIONER HALAS: No, we can't go forward with this.
CHAIRMAN COYLE: Well, at least we can get an idea of what
you would prefer.
MR. SIESKY: Thank you, sir.
Obviously, our first option is to have it turned down. But if it
were approved, I would point out to the commission that the draft
document indicates that it's the intent to promote development in this
area.
I had it highlighted, but I can't find it at the moment. And I don't
think that it's a good idea to have a doughnut hole. I don't -- I think
that's inconsistent with the stated intent of the ordinance, and for that
reason, I would -- if the commission does decide to approve this
application, I would request that the C4 uses be allowed on Tract 71.
CHAIRMAN COYLE: Be allowed. Okay, good. Thank you
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very much. Now, there's a question about whether or not we can take
action on that today, but at least we understand what your position is, or
your preference at least.
So how do we separate this -- this issue? Do we just have a
separate hearing on Tract 71? Do we have to go through another
Growth Management Plan modification, or how do we do this?
MR. KLATZKOW: Correct me if I'm wrong, David. Originally
they were part of this application. And if they stayed part of the
application, they would get this benefit. They chose to withdraw from
the application, all right.
MR. WEEKS: That's correct.
MR. KLA TZKOW: Okay. So the fact that there's a hole in the
doughnut now is their doing at the end of the day.
CHAIRMAN COYLE: Okay. Can they -- can they elect to join
the application again?
MR. KLA TZKOW: We haven't advertised.
CHAIRMAN COYLE: Oh, okay.
MR. WEEKS: The advertisement is rather general in nature.
The acreage figure still encompassed the subject property, and that was
necessary because it's both a modification of and an expansion of an
existing subdistrict. So we had to include the subject property in that
acreage figure that was in the legal ad.
The square footage figure that is associated with this amendment is
not specific to this Tract 71.
MR. SIESKY: Commissioner, if I just may clarify. Initially
what happened was the developer withdrew this parcel. We didn't
withdraw. Rather than to have authorization for the developer hanging
out after he withdrew us so that he may do something that we weren't
aware of, we withdrew as well.
CHAIRMAN COYLE: Okay.
MR. SIESKY: Just for clarification.
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CHAIRMAN COYLE: So County Attorney, you're going to
have to tell us how we can legally proceed here.
MR. KLATZKOW: You know, I hate saying this because it
makes all the sense in the world, but I'm concerned that there may be
legal impediments to doing it this way. And if -- you know, if
everybody here wants to take the chance of a challenge down the road,
I'm okay with that, but I'm saying that you're opening yourselves up to
that challenge.
CHAIRMAN COYLE: How does it impact the petition, your
petitioner, Mr. Anderson?
MR. HANCOCK: Good afternoon, Commissioners.
CHAIRMAN COYLE: You've got a minute.
MR. HANCOCK: Tim Hancock with Davidson Engineering.
One ofthe functional problems is that there is a square footage cap for
additional square footage that is in the language. And ifhe is granted
the C4 uses and comes in to rezone and increases -- requests an increase
in his square footage, it would then eat into the square footage that is a
part ofthe balance of the application. That's the best I can do in 60
seconds.
CHAIRMAN COYLE: Wow. This is more complex than it has
to be.
MS. MOSCA: For the record, Michele Mosca, Comprehensive
Planning staff.
Actually the square footage allotment or allocation is specific to
the expansion. The Tract 71 has the existing square feet of roughly
21,000 square feet with no cap on it.
CHAIRMAN COYLE: Okay. So am I to understand then if
this -- if 71 were allowed to have the C4 zoning, that the square footage
would not adversely affect the petitioner that we're talking to right now;
is that a fair statement?
MS. MOSCA: I believe that would be a fair statement, correct.
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CHAIRMAN COYLE: Okay. How can we make -- well, I still
don't know how we proceed under these circumstances.
MR. KLATZKOW: Well, what I'm saying is that -- well, one, I'd
like, you know, Mr. Anderson to say that he's okay with this. What I'm
saying is that if somebody later objects, you've got a problem. If
nobody objects, you have no problem.
CHAIRMAN COYLE: Yeah.
MR. KLA TZKOW: So you might be doing the right thing, but
you might be opening everybody up here to a challenge.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: My concern is, the people that butt
up to this area, there's where the challenge may be, because they may be
happy with C2 but not with C4. So I think -- I think that's a problem,
too.
MS. MOSCA: Commissioner Halas, the entire subdistrict,
excluding Tract 71, would be eligible for C4 uses. So it would be the
single parcel that would be limited to the C2 uses.
CHAIRMAN COYLE: I think what you just said was the same
thing Commissioner Halas said, but I'm not sure. Tract 71 --
COMMISSIONER HALAS: Butts up to residential.
CHAIRMAN COYLE: Yeah, yeah. And if they are allowed to
have C4 uses, the residential to the south ofthat project --
COMMISSIONER HALAS: May be opposed to it.
CHAIRMAN COYLE: Yeah.
MS. MOSCA: Perhaps.
COMMISSIONER HALAS: So -- and you haven't checked with
them.
MR. WEEKS: But I would point out -- excuse me -- point out that
when this petition was transmitted, approved for transmittal, the original
application did include Tract 71 and it did include C4 uses, and
heretofore, until today, we've not heard any objections to that.
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CHAIRMAN COYLE: Okay. So the assumption is that it was
previously submitted and identified as part ofthis petition?
MR. WEEKS: That is correct.
CHAIRMAN COYLE: There was no objection to that rezoning,
so logically you would assume that there won't be an objection now.
But it could be a challenge if someone wanted to do that.
What do you think, Mr. Anderson?
MR. ANDERSON: Well, I'm a little uncomfortable because I've
never seen their language, so I'm not sure about the square footage cap.
Also, this language has very specific provisions about architectural
work and participating in that unified architectural theme.
CHAIRMAN COYLE: Yeah, yeah.
MR. ANDERSON: We're kind of uncomfortable.
MR. KLA TZKO W: You know, we could table this, sir, so that
everybody can get together and figure out what the ramifications are and
then get back to this.
CHAIRMAN COYLE: Well, the problem is, you probably can't
do that today. I would doubt if you'd be able to solve that today. If
you can, that's wonderful. But your next shot is September, and I don't
know if you want to wait that long. So how do we proceed then if this
petitioner wants to go ahead?
MR. KLA TZKOW: It's his application. This is a private
application. Mr. Weeks had suggested a different -- or modification to
it. If Mr. Anderson says he does not want to proceed in this manner, I
don't think he should proceed.
CHAIRMAN COYLE: Okay. You're paying for it, right?
MR. ANDERSON : Yes, sir.
CHAIRMAN COYLE: It's your application. How do you want
to go?
MR. ANDERSON: Well, I want approval.
CHAIRMAN COYLE: How bad do you want approval? You
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want approval without the changes to Tract 71, is what you're saying?
MR. ANDERSON: That would probably be our preference.
This was kind of last minute, and we weren't consulted about it either.
CHAIRMAN COYLE: Okay. Now, what do we do to help
Tract 71 owners?
MR. KLA TZKOW: Well, look. I mean --
CHAIRMAN COYLE: I mean, after this -- let's suppose we go
ahead with this and we approve this petition which is, you know, their
petition, and if we approve that petition, what can we do to help Tract 71
owners after that?
MR. WEEKS: Well, Tract 71 owners will still be eligible at their
own initiative to amend their existing PUD to allow all C2 uses, because
right now their PUD is very narrow following the very narrow language
in the Golden Gate Master Plan for their property.
So they -- due to your prior action, if you don't do anything further
for Tract 71 today, you've already made them eligible for all C2 uses.
They can --
CHAIRMAN COYLE: And that's a PUD revision?
MR. WEEKS: That is correct, PUD amendment only.
CHAIRMAN COYLE: GMP -- it's not a GMP modification?
MR. WEEKS: That's correct.
CHAIRMAN COYLE: Now, ifthey want to go to C4 --
MR. WEEKS: Then they will need to amend the GMP and their
PUD.
CHAIRMAN COYLE: It becomes more time-consuming and
more expenSIve.
MR. WEEKS: Yes, sir.
CHAIRMAN COYLE: Okay. All right. There is an
alternative, at least, but I think it's the best we can do under the
circumstances.
MR. WEEKS: Mr. Chairman, if I can say something further
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about the option of adding the C2 uses for their property. Again,
because ofthe prior board action, staffhas flagged this subdistrict as a
cleanup change needed to the Golden Gate Master Plan.
As part of the evaluation and appraisal report, which we're working
on right now, we can identify -- if this gets approved today as proposed
by the applicant, staff could identify then in the EAR as an issue Tract
71 uses to be changed to reflect C2. Again, to reflect your own prior
action as a matter of cleanup, because there is the discrepancy of the
language saying, here's your list of 13 uses versus the board's action of
saying you get C2. So we could clean that up and get that part of it
straightened out, and then it's up to the applicant if and when they want
to come in and amend their PUD.
CHAIRMAN COYLE: Okay. All right. Okay. Do I hear a
motion --
COMMISSIONER HALAS: You got a motion.
CHAIRMAN COYLE: -- on this particular -- okay.
COMMISSIONER COLETTA: And a second.
CHAIRMAN COYLE: And a second. Do we have a vote?
COMMISSIONER COLETTA: Not yet. That's next.
COMMISSIONER HALAS: You're going to have to stipulate
exactly -- we're going to have to stipulate that --
CHAIRMAN COYLE: Well, it won't include Tract 71.
COMMISSIONER HALAS: It won't include Tract 71.
MR. WEEKS: I would ask that the motion be to -- I believe that
was the motion, is to approve the petition as requested by the applicant,
and I would say further, as modified in your executive summary, that
one sentence that Bruce read into the record.
CHAIRMAN COYLE: Yep, okay.
COMMISSIONER COLETTA: I incorporate that in the motion.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: And in my second.
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CHAIRMAN COYLE: Okay. The motion is to approve the
request by the petitioner to include the modification as stated in our
executive summary concerning Transportation Element Policy 5.1, and
it will not include Tract 71.
COMMISSIONER FIALA: Nick looks like he wants to say
something.
MR. CASALANGUIDA: You may have a commissioner on the
phone, but you've got a companion item with this that you may want to
discuss first, and then take action separately but with both ofthem going
forward, because they are tied together.
In other words, if you hear the companion item and you already
motioned to approve this and you don't like the companion item, I just
want to make sure that they're kind of -- they're kind of tied together.
CHAIRMAN COYLE: Okay. Commissioner Henning, are you
with us?
COMMISSIONER HENNING: I am briefly. I just lost my
charger again, so I'm here until the phone goes dead.
CHAIRMAN COYLE: Okay. Then we'll -- you're suggesting
then, Nick, that we take a look at the companion item before we vote on
this one?
MR. CASALANGUIDA: I would suggest that you hear the
companion item, and then if you like what you hear, then you vote on
both separately.
CHAIRMAN COYLE: All right, okay. Just as long as
everybody understands that what we're considering on this petition has
nothing to do with Tract 71 at the present time.
MR. CASALANGUIDA: Right.
COMMISSIONER HALAS: Yep.
MR. KLA TZKOW: And Commissioners, could I get a motion
from the board that Commissioner Henning may participate by
telephone due to extraordinary circumstances?
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CHAIRMAN COYLE: Okay. All who wish to grant approval
for Commissioner Henning to participate by telephone, please say aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: (No response.)
CHAIRMAN COYLE: Any opposed?
No response.)
CHAIRMAN COYLE: It's approved unanimously.
MR. KLATZKOW: Thank you, sir.
CHAIRMAN COYLE: All right. Now you're going to tell us
about the companion.
MR. CASALANGUIDA: You've already heard much about it,
Commissioners. The developer's agreed to work with the fire district
and the forestry division, as well as the county EMS, Transportation
Department, to design and incorporate water management into his
development, as well as provide right-of-way.
There is a reduction in buffering on the roadway to allow to
accommodate a little bit of a thinner buffer but with the same plant
material. And another note is that when we come to rezone, that
these -- DCA becomes more refined with the exhibits, because we are
really at a conceptual phase with both the water management system
and the roadway design.
So we had put that language in the DCA that says, prior to rezone,
you'll revisit pretty much the DCA and redefine all these exhibits to be
more accurate with the road project.
Other than that, I'll answer any questions that you have.
CHAIRMAN COYLE: Okay. Now, I want to make sure there
are no inconsistencies between the companion item and the ORC
Report. No?
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MR. WEEKS: No.
MR. CASALANGUIDA: No. The DCA is addressing roadway
deficiencies and compatibility with its neighbors, but not land use.
CHAIRMAN COYLE: Okay.
MR. CASALANGUIDA: Yeah.
CHAIRMAN COYLE: All right. Any questions, comments,
motions from the board?
COMMISSIONER COLETTA: Motion to approve.
CHAIRMAN COYLE: Okay. Motion to approve the
companion item and --
COMMISSIONER COLETTA: Do we have to vote on them
separately?
MR. KLATZKOW: No, you can do it at once if you'd like.
CHAIRMAN COYLE: We can do it at one time?
MR. KLATZKOW: Sure.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Okay. And the original motion
I made.
CHAIRMAN COYLE: Then we're going to have a vote on the
original motion --
COMMISSIONER HALAS: I'll second that.
CHAIRMAN COYLE: -- which will include the companion item
as just described.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
No response.)
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CHAIRMAN COYLE: Then it passes unanimously, 5-0.
MR. ANDERSON: Thank you very much.
CHAIRMAN COYLE: Okay. I'm wondering if we can finish
this. Can we finish this?
MR. WEEKS: These should go very fast, Commissioners.
MR. NADEAU: Mr. Chairman, Dwight Nadeau, representing the
petitioner. We would like to try and move forward, if we could.
CHAIRMAN COYLE: Okay.
MR. WEEKS: I just want to read it on the record.
CHAIRMAN COYLE: Let's move forward.
MR. WEEKS: ***Okay. Next is petition CP-2008-4, petition
requesting an amendment to the Future Land Use Element and Future
Land Use Map and Map Series to redesignate from rural fringe
mixed-use district sending lands to neutral lands, property located on
the east and south sides of Washburn Avenue, East of the Naples
Landfill, in Section 31, Township 49 south, Range 27 east, consisting of
approximately 28.76 acres.
Commissioners, that's the title that has been advertised. I think
Dwight will probably mention to you we've had some changes to the
application as a result of the ORC Report.
CHAIRMAN COYLE: Okay.
MR. NADEAU: Again, Commissioners, Dwight Nadeau, for the
record, with RW A, representing the petitioners, Filmore Recycling,
Filmore LLC, on this CP-2008-4.
We had originally gone through our transmittal vetting process
where we were going to change the designation from a rural fringe
mixed-use district sending designation to a neutral designation to allow
for a construction and demolition debris recycling operation.
Commissioner Henning is no longer present via speakerphone.)
MR. NADEAU: It would augment the existing recycling
operation that's on the subject property.
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