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Agenda 04/11/2023 Item #16A 9 (Amendment and zoning application on a County-owned parcel that is subject to a land swap agreement)04/11/2023 EXECUTIVE SUMMARY Recommendation to consent to the filing of applications by GM Advisors, LLC, for a growth management plan amendment and a rezoning on a County -owned parcel on Immokalee Road that is subject to a Board - approved land swap agreement. OBJECTIVE: To allow a growth management plan amendment and zoning application on a County -owned parcel that is subject to a land swap agreement. CONSIDERATIONS: At the June 22, 202 1, BCC meeting, the Board directed staff to work with landowner, GM Advisors, LLC, to review and bring back for consideration a potential land exchange agreement for the subject properties. The County's parcel currently serves as transportation right -of way supporting Immokalee Road and its associated water management between Wilson Boulevard and Randall Boulevard. On November 9, 2021, the Board approved a land swap with GM Advisors, LLC, to swap a 3.7 +/- County owned parcel (Folio # 377742880001) with a 5.0 acre +/- parcel (Folio # 37743960001) to benefit the County's treatment and attenuation of the storrnwater runoff for Immokalee Road as the new system will carry greater water volume and accommodate future turn lane and expansion. The Board approved a subsequent amendment to the agreement on April 12, 2022, to extend the construction completion date for the stormwater improvements. Pursuant to the agreement, closing on the properties shall not occur until completion of the stormwater improvements on the new parcel and within three months of the construction completion of said improvements. GM Advisors LLC, would like to proceed with filing petitions for a growth management plan and a rezoning prior to closing on the land swap. In March 2023, GM Advisors, LLC, held a pre -application meeting for a growth management plan amendment and planned unit development with the intention of applying for properties that they control, which are immediately ad acent to the existing pond site location, as well as the County -owned pond site parcel. The land swap agreement j does not authorize GM Advisors, LLC, to apply for growth management plan amendments or zoning modifications for the County -owned property. GM Advisors, LLC, is not seeking cost sharing or in -kind services to support the applications. Staff is requesting the Board consent to the filing of the applications by GM Advisors, LLC, on County -owned property. The Board's consent will not prejudice the County or the BCC in their evaluation of the Growth Management Plan amendment and rezoning requested by the GM Advisors, LLC, and the applications submitted will stand on their own merits regarding the County's and the State's requirements for such land use activities. FISCAL IMPACT: There is no direct fiscal impact, all costs associated with the growth management plan amendment and rezone application shall be the responsibility of GM Advisors, LLC. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact based on this agenda item. LEGAL CONSIDERATION: This item is approved as to form and legality, and requires a majority vote for Board approval. (HFAC) RECOMMENDATION: To consent to the filing of applications by GM Advisors, LLC, for a growth management plan amendment and a rezoning on a County -owned parcel that is subject to a Board -approved land swap agreement. Prepared by: Lorraine Lantz, Transportation Planning Manager; Capital Project Planning, Impact Fees and Program Management ATTACHMENT(S) 1. Location Map (DOCX) I Packet Pg. 359 04/11/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9 Doe ID: 25077 Item Summary: Recommendation to consent to the filing of applications by GM Advisors, LLC, for a growth management plan amendment and a rezoning on a County -owned parcel on Immokalee Road that is subject to a Board -approved land swap agreement. Meeting Date: 04/11/2023 Prepared by: Title: Project Manager — Capital Project Planning, Impact Fees, and Program Management Name: Lorraine Lantz 03/28/2023 4:56 PM Submitted by: Title: Division Director - Capital Proj Plan, Impact Fees — Capital Project Planning, Impact Fees, and Program Management Name: Beth Johnssen 03/28/2023 4:56 PM Approved By: Review: Growth Management Operations Support Tara Castillo Additional Reviewer Completed 03/28/2023 10:04 PM Growth Management Department Danielle Bates Transportation Management Services Department Completed 03/29/2023 9:14 AM Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed 03/29/2023 1:54 PM Growth Management Department Trinity Scott Transportation Completed 03/29/2023 3:21 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 03/31/2023 10:05 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/31/2023 10:17 AM Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed 04/01/2023 7:21 PM Office of Management and Budget Christopher Johnson Additional Reviewer Completed 04/03/2023 8:48 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/03/2023 8:54 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 04/05/2023 5:32 PM Board of County Commissioners Geoffrey Willig Meeting Pending 04/11/2023 9:00 AM I Packet Pg. 360 1 .---.MONO —0 'its ......... ---- 17 lip - 4 AL '� � 7.) 0.- 41 ft