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BCC Agenda 02/27/2024 Item #12A (Resolve a dispute concerning the July 28, 2010 Developer Agreement involving the Randall Blvd. Commercial Subdistrict)SEE REVERSE SIDE  Proposed Agenda Changes Board of County Commissioners Meeting February 27, 2024 Move Item 17C to 9D:  Recommendation to adopt an Ordinance amending the Collier County Land Development  Code to establish provisions for food truck parks and mobile food dispensing vehicles. [PL20220006373]  (First of  two hearings) (Commissioner LoCastro, Commissioner Saunders, Commissioner McDaniel, and Commissioner  Kowal’s Separate Requests)  Continue 12A to a future Board Meeting:  Recommendation that the Board authorizes staff to prepare an  amendment to the Growth Management Plan resulting from a mediation concerning a July 28, 2010, Developer  Agreement involving the Randall Boulevard Commercial Subdistrict, and authorize staff to engage a transportation  engineer in order to complete the County’s portion of a Transportation Impact Statement required for the  Amendment. (Developer’s Request)  Notes: Correction to item 16B7: Fourth paragraph, last sentence of the Considerations should read: This work is will be included in the budget, for consideration, budgeted for in fiscal year 2025. TIME CERTAIN ITEMS: Item 10A to be heard at 9:30 AM: Consideration to schedule a referendum on returning to at-large commission districts. Item 8A to be heard no sooner than 10 AM: Lakewood Golf Course “neighborhood fitness and community center” Official Use Interpretation. 2/27/2024 12:58 PM 02/27/2024 EXECUTIVE SUMMARY Recommendation that the Board authorizes staff to prepare an amendment to the Growth Management Plan resulting from a mediation concerning a July 28, 2010, Developer Agreement involving the Randall Boulevard Commercial Subdistrict, and authorize staff to engage a transportation engineer in order to complete the County’s portion of a Transportation Impact Statement required for the Amendment. OBJECTIVE: To resolve a dispute concerning the July 28, 2010, Developer Agreement involving th e Randall Boulevard Commercial Subdistrict and obtain right-of-way and easements needed for the Randall Boulevard expansion project. CONSIDERATIONS: In 2010, the County entered into a multi-party Developer Agreement (the “Agreement”) dated July 28, 2010. The subject property, located on the south side of Randall Boulevard, just east of the intersection of Immokalee Road and Randall Boulevard, is currently zoned Estates and does not allow for commercial development. The Agreement contemplated a Growth Management Plan (“GMP”) Amendment, which along with a Rezoning, were required to allow commercial development of the property, in exchange for several commitments to the County and the other parties to the Agreement, including the North Naples Fire District. The primary benefit to the County was that it was to receive a strip of property, 6.8 acres in total, along Randall Boulevard, which was and is needed by the County for the necessary widening of Randall Boulevard, as well as a pond site. The Fire District was to receive a new fire station. The Agreement and accompanying GMP Amendment were approved by the Board of County Commissioners in 2010. The subject parcels are displayed below: Due to changing economic circumstances, the original Developer was unable to move forward with the contemplated commercial project. The Developer is now long gone and many of the parcels that were originally part of this transaction are owned and managed by the Randall Boulevard Land Trust. The Developer Agreement, however, still binds the current property owners and creates a cloud on title. To date, the Fire District’s insistence that the Agreement’s benefits to them be honored as well as the Developer’s commitment to provide right -of-way to the County have prevented the property from being developed and have prevented termination of the Developer Agreement, creating a standstill. In order to resolve this matter, the County and the Randall Boulevard Land Trust participated in mediation in August 2022 to determine a path forward and reached an agreement. The agreement in principle terminates the original Developer Agreement and instead contemplates a Growth Management Plan Amendment allowing for certain commercial, residential, and mixed-use development in the Subdistrict. This compromise 1) Allows the Randall Boulevard Trust to commercially develop their property as was originally intended by the Developer Agreement; 2) Upzones the Fire District’s property in lieu of the Developer constructing a new fire station as was originally contemplated by the Developer Agreement; and 3) Gives the County the right-of-way and easements it requires for the Randall Boulevard improvement project which it would otherwise have to acquire through 12.A Packet Pg. 79 02/27/2024 condemnation. Proposed changes to the GMP include, but are not limited to: • Individual PUDs within the Subdistrict may include commercial, residential, or mixed -use development, and shall be developed with a common theme for architecture, signage, lighting, and landscaping. • The east one-half of Tract 54 shall be limited to 20,000 square feet of commercial development, and no residential development is permitted at this location. • Tract 71 shall be limited to certain specified commercial uses. • Residential development on the west one-half of Tract 54, Tracts 55, 89, 90, 107, 108, 125, 126, 127 shall not exceed eight hundred (800) total dwelling units, and a maximum of twelve (12) units per acre for any residential or mixed-use project. • Commercial Square Footage on the west one-half of Tract 54, Tracts 55, 89, 90, 107, 108, 125, 126, 127 shall be limited to 360,950 square feet of floor area, of which no more than 285,950 square feet shall be retail development. Allocation of commercial square footage shall be calculated on a “pro rata share” of the maximum allowable (360,950) total square feet and maximum allowable (285,950) square feet of retail development, based upon the project’s acreage as a percentage of the overall Subdistrict acreage. The type of allowable commercial development shall be expressed in the text amendment. The County currently owns parcels 126 and 72, however, certain rights -of-way and easements are required for the Randall Boulevard expansion project. As part of the GMP Amendment, the County will receive all of the right -of- way and easements it requires for the Randall Boulevard expansion project at no cost, which is critical because the County requires this right-of-way and easements in order to begin the Randall Boulevard improvements, scheduled to go to construction in 2025. Without this right-of-way, the County will be required to acquire the property by condemnation, which will substantially delay the project and will be a substantial cost to the County. Transportation staff estimates the market value of the right -of-way and easements to be approximately $2,943,000. If we were to condemn these parcels, costs would increase to around $4,320,000 and possibly more with potential claims for severance and business damages. Staff requests that the Board authorize staff to prepar e an amendment to the Growth Management Plan to effectuate these changes and return to the Board at a future meeting for consideration of the Growth Management Plan Amendment text and the Randall Boulevard Trust’s companion rezoning application. Further, as part of the GMP amendment, a Transportation Impact Statement (TIS) is required. Since the County owns lots 72 and 126, the County will be responsible for its portion of the TIS. Staff requests that the Board authorize staff to retain a transportation engineer to complete its portion of the TIS. FISCAL IMPACT: Transportation staff estimates the market value of the right-of-way and easements, being obtained at no cost to the County through the Amendment, to be approximately $2,943,000. If the County were to condemn these parcels, costs would increase to around $4,320,000 and possibly more with potential claims for severance and business damages. The cost of retaining a transportation engineer to complete the County’s portion of the TIS is estimated not to exceed $10,000. Additional fiscal impacts to Collier County resulting from this amendment include staff time required to prepare the amendment and costs for associated legal advertising/public notice for the public hearing. The cost of a privately initiated GMP amendment is $16,700 plus legal advertising. Considering these factors, the Amendment would result in cost savings to the County of at least $2,916,000. Funding for the County’s portion of the TIS is available within Transportation Capital Fund (3081), Project #60109. GROWTH MANAGEMENT IMPACT: None at this time. The Growth Management Plan Amendment text will be developed and presented to the Board at a future meeting, at which time impacts will be assessed. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for approval. -SAA 12.A Packet Pg. 80 02/27/2024 RECOMMENDATION: That the Board authorizes staff to prepare an amendment to the Growth Management Plan resulting from a mediation concerning a July 28, 2010, Developer Agreement involving the Randall Boulevard Commercial Subdistrict, and authorize staff to engage with a transportation engineer in order to complete the County’s portion of a Transportation Impact Statement required for the Amendment. Prepared by: Sally A. Ashkar, Assistant County Attorney and Trinity Scott, Department Head Transportation Management ATTACHMENT(S) 1. Original Randall Blvd. Developer Agreement (PDF) 2. Aerial - Subdistrict ROW Requirements rev1 (PDF) 12.A Packet Pg. 81 02/27/2024 COLLIER COUNTY Board of County Commissioners Item Number: 12.A Doc ID: 27633 Item Summary: Recommendation that the Board authorizes staff to prepare an amendment to the Growth Management Plan resulting from a mediation concerning a July 28, 2010, Developer Agreement involving the Randall Boulevard Commercial Subdistrict, and authorize staff to engage a transportation engineer in order to complete the County’s portion of a Transportation Impact Statement required for the Amendment. Meeting Date: 02/27/2024 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Wanda Rodriguez 01/03/2024 10:25 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 01/03/2024 10:25 AM Approved By: Review: Transportation Management Services Department Wanda Rodriguez Transportation Management Services Department Skipped 02/16/2024 9:50 AM Transportation Management Services Department Trinity Scott Transportation Completed 02/16/2024 10:48 AM Zoning Mike Bosi GMCDD Reviewer Completed 02/21/2024 8:52 AM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 02/21/2024 8:58 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/21/2024 9:01 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/21/2024 9:08 AM Office of Management and Budget Christopher Johnson OMB Reviewer Completed 02/21/2024 12:32 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/21/2024 1:17 PM Board of County Commissioners Geoffrey Willig Meeting Pending 02/27/2024 9:00 AM 12.A Packet Pg. 82 12.A.a Packet Pg. 83 Attachment: Original Randall Blvd. Developer Agreement (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA) 12.A.a Packet Pg. 84 Attachment: Original Randall Blvd. Developer Agreement (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA) 12.A.a Packet Pg. 85 Attachment: Original Randall Blvd. Developer Agreement (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA) 12.A.a Packet Pg. 86 Attachment: Original Randall Blvd. Developer Agreement (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA) 12.A.a Packet Pg. 87 Attachment: Original Randall Blvd. Developer Agreement (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA) 12.A.a Packet Pg. 88 Attachment: Original Randall Blvd. Developer Agreement (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA) 12.A.a Packet Pg. 89 Attachment: Original Randall Blvd. Developer Agreement (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA) 12.A.a Packet Pg. 90 Attachment: Original Randall Blvd. Developer Agreement (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA) 12.A.a Packet Pg. 91 Attachment: Original Randall Blvd. Developer Agreement (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA) 12.A.a Packet Pg. 92 Attachment: Original Randall Blvd. Developer Agreement (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA) 12.A.a Packet Pg. 93 Attachment: Original Randall Blvd. Developer Agreement (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA) 12.A.a Packet Pg. 94 Attachment: Original Randall Blvd. Developer Agreement (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA) 12.A.a Packet Pg. 95 Attachment: Original Randall Blvd. Developer Agreement (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA) 12.A.a Packet Pg. 96 Attachment: Original Randall Blvd. Developer Agreement (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA) 12.A.a Packet Pg. 97 Attachment: Original Randall Blvd. Developer Agreement (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA) AERIAL – SUBDISTRICT ROW & EASEMENT NEEDS RANDALL/IMMOKALEE INTERSECTION PROJECT NO. 60147 Tract 55 Fire District E 180” Tr 89 Randall Blvd Land Trust Tract 72 Collier County Tract 71 Urika Oil E ½ Tr 54 Salma Holdings W ½ Tr 54 Fire District W 180” Tr 90 Randall Blvd Land Trust W 150’ Tract 89 Randall Blvd Land Trust E 150” Tr 90 Randall Blvd Land Trust W ½ Tr 107 Randall Blvd Land Trust E ½ Tr 107 Randall Blvd Land Trust W 180’ Tr 108 Randall Blvd Land Trust E 150’ Tr 108 Randall Blvd Land Trust Tract 125 Randall Blvd Land Trust Tract 126 Collier County N 150’ Tract 127 Eckstein S 180’ Tract 127 Cabal Rev Trust 30’ DE 50’ AE 50 FT EXISTING ROAD EASEMENT PER PLAT 39 FT ROW 1 ACRE POND 15 FT TCE ACCESS RD ROW 12.A.b Packet Pg. 98 Attachment: Aerial - Subdistrict ROW Requirements rev1 (27633 : Randall Boulevard Commercial Subdistrict - authorize GMPA)