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Agenda 03/10/2015 Item #17B 3/10/2015 17.B. EXECUTIVE SUMMARY Recommendation to review and approve (adopt) the 2013 Cycle 2 Growth Management Plan Amendment— Immokalee big box store project. (Adoption Hearing) (Companion to PUD rezone petition PUDZ-PL20130001241, SR29 Commercial Planned Unit Development(CPUD)). OBJECTIVE: For the Board of County Commissioners (BCC) to review the 2013 cycle 2 amendment to the Collier County Growth Management Plan (GMP) and consider approving (adopting) said amendment for transmittal to the Florida Department of Economic Opportunity (Immokalee big box store petition). CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • Resolution 12-234, provides for a public petition process to amend the Collier County GMP. • For this Adoption hearing,the sole petition in the 2013 cycle 2 of GMP amendments is being considered, that being petition PL20130001345/CP-2013-8, Immokalee big box store. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held its Transmittal hearing for the subject petition, comprising the 2013 cycle 2 of GMP amendments, on April 29, 2014. The BCC held its transmittal hearing on June 24, 2014. The respective transmittal hearings recommendations/actions are contained in the CCPC adoption hearing Staff Report. • The CCPC held its adoption hearing on January 15, 2015. The staff and CCPC adoption hearing recommendations are presented further below. • The Comments Letter from the Florida Department of Economic Opportunity (DEO), dated August 4, 2014, indicated "no comment" within the Agency's authorized scope of review. Similarly, Comments Letters from the Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation Commission, Florida Department of State, Division of Historic Resources, and South Florida Water Management District all indicated either "no comments" or "no concerns" within those Agencies' authorized scope of review. The Florida Department of Transportation (FDOT) provided the following comments [summarized by staff]: (1) a portion of S.R. 29 is projected to operate at adverse conditions (LOS E) by 2019 with the proposed project, and certain segments of S.R. 29 and S.R. 82 are projected to operate at adverse conditions (LOS E) during the FDOT's 2035 long term planning time frame — however, FDOT's comments indicate that the proposed project may proceed as planned, due to programmed improvements for S.R. 29 and S.R. 82 within the Department's Five Year Work Program; and, (2) the project is subject to FDOT's Access Management standards for S.R. 29. The remaining reviewing agencies did not provide a Comment Letter. All review agency Comments Letters received are contained in the back-up materials. • This adoption hearing considers an amendment to the Immokalee Area Master Plan (IAMP) text and Future Land Use Map (FLUM). This petition requests an amendment to the Immokalee Area Master Plan Element and Future Land Use Map to: 1) change the designations of a +24.99 acre site from Urban Mixed Use Packet Page -1665- 3/10/2015 17.B. District, Neighborhood Commercial Subdistrict (±19.07 acres), Low Residential Subdistrict (±5.72 acres), and High Residential Subdistrict (±.20 acres), to the Urban Commercial District, S.R. 29 and Jefferson Avenue Commercial Subdistrict; and, 2)provide that this site would not be subject to architectural and site design standards or sign standards of the Land Development Code (LDC), rather be allowed to establish such standards in a Planned Unit Development (PUD) zoning district for this site. The proposed project site is located at the northwest corner of Westclox Street and S.R. 29, within Section 29, Township 46 South, Range 29 East, Immokalee. Staff analysis of this petition is included in the CCPC Transmittal Staff Report. LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of four is needed for adoption and transmittal to DEO. --HFAC FISCAL IMPACT: There will be no fiscal impacts to Collier County as a result of approving this petition. GROWTH MANAGEMENT IMPACT: This is an adoption public hearing for the sole petition in the 2013 cycle 2 of amendments to the Collier County Growth Management Plan. Based upon statutory changes that occurred during the 2011 Florida Legislative session, this GMP amendment is presumed to be "in compliance" with applicable Florida Statutes. After adoption, the DEO and other applicable review agencies will have 30 days (from the date DEO determines the adoption package is complete)to review the adopted Plan amendment and, should they believe the amendment is not "in compliance," file a challenge [appeal] to the presumed "in compliance" determination with the Florida Division of Administrative hearings. Similarly, any affected party also has 30 days (from the date of BCC adoption) in which to file a challenge. If a timely challenge is not filed by DEO or an affected party, then the amendment will become effective. ENVIRONMENTAL ISSUES: The site of petition PL20130001345/CP-2013-8 is partially vegetated, and a portion of the site is used for agricultural purposes (grazing); there are no listed plant and/or animal species occurring on site. Further, as part of the process of obtaining subsequent development orders (e.g. site development plan), this site 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 Growth Management Plan, and the Collier County Land Development Code. HISTORICAL/ARCHAEOLOGICAL IMPACT: This petition site is not identified on the County's Historical/Archeological Probability Maps as being in an area of historical or archaeological probability. Communications from the Florida Department of State, Division of Historical Resources, indicates no significant archaeological or historical sites recorded for, or likely to be present within, the petition site. STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the CCPC forward petition PL20130001345/CP-2013-8 to the Board with a recommendation to adopt and transmit to the Florida Department of Economic Opportunity. Packet Page-1666- 3/10/2015 17.B. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission held its required Adoption public hearing on January 15, 2015. The CCPC voted unanimously to forward the subject petition to the BCC with a recommendation to adopt and transmit to the Florida Department of Economic Opportunity. There were no public speakers. STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: Same as to the CCPC—to adopt and transmit petition PL20130001345/CP-2013-8 to the Florida Department of Economic Opportunity. Prepared by: David Weeks, AICP, GMP Manager, Comprehensive Planning Section, Planning & Zoning Department, Growth Management Division Attachments: 1) CCPC Adoption Staff Report 2)Adoption Ordinance with Exhibit"A"text and map 3)DEO and State Agency Review Letters 4) CP-2013-8 BCC_Trans 5) CCPC Transmittal Staff Report 6)NIM Minutes 7)Approved Transmittal Resolution 8) Complete application and documentation are available at: http://www.colliergov.net/ftp/AgendaMarch1015/GrowthMgmt/Binder-IBCGMPA March 10- 2015 BCC Hearing Packet.pdf 9) Staff-Applicant Correspondence Packet Page-1667- 3/10/2015 17.B. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.B. Item Summary: Recommendation to review and approve (adopt)the 2013 Cycle 2 Growth Management Plan Amendment- Immokalee big box store project. (Adoption Hearing) (Companion to PUD rezone petition PUDZ-PL20130001241, SR29 Commercial Planned Unit Development (CPUD)). Meeting Date: 3/10/2015 Prepared By Name: KendallMarcia Title:Planner, Senior, Comprehensive Planning 2/11/2015 1:00:07 PM Approved By Name: PuigJudy Title: Operations Analyst,Community Development&Environmental Services Date: 2/12/2015 9:16:11 AM Name: BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning Date: 2/12/2015 2:08:53 PM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 2/24/2015 9:57:12 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 2/25/2015 9:17:02 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/25/2015 1:44:44 PM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Packet Page-1668 3/10/2015 17.B. Date: 3/2/2015 9:25:31 AM Name: OchsLeo Title: County Manager,County Managers Office Date: 3/2/2015 5:10:03 PM Packet Page-1669- 3/10/2015 17.B. STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: JANUARY 15, 2015 SUBJECT: 2013 CYCLE 2 GROWTH MANAGEMENT PLAN AMENDMENTS — PETITION PL20130001345/CP-2013-8 ONLY (ADOPTION HEARING) [Companion to Petition PUDZ-PL20130001241] ELEMENTS: IMMOKALEE AREA MASTER PLAN (TAMP) AND !AMP FUTURE LAND USE MAP Transmittal hearings on this amendment were held on April 29, 2014 (CCPC, Collier County Planning Commission) and June 24, 2013 (BCC, Board of County Commissioners). The Transmittal recommendations are presented further below. Within the CCPC binder you will find the Transmittal Executive Summary from the June 24, 2013 BCC hearing and certain attachments referenced therein; the Transmittal CCPC Staff Report that provides staffs detailed analysis of the petition; and, the petition Ordinance with Exhibit "A" text and Future Land Use Map which was approved by the BCC for transmittal. REVIEW AGENCY COMMENT LETTERS After review of the transmitted Growth Management Plan (GMP) amendment, the Florida Department of Economic Opportunity (DEO) rendered its Comment Letter indicating "no comment" within the Agency's authorized scope of review, as did the Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation Commission, Florida Department of State, Division of Historic Resources, and South Florida Water Management District. The Florida Department of Transportation (FDOT) provided the following comments [summarized by staff]: (1) a portion of S.R. 29 is projected to operate at adverse conditions (LOS E) by 2019 with the proposed project, and certain segments of S.R. 29 and S.R. 82 are projected to operate at adverse conditions (LOS E) during the FDOT's 2035 long term planning time frame — however, FDOT's comments indicate that the proposed project may proceed as planned, due to programmed improvements for S.R. 29 and S.R. 82 within the Department's Five Year Work Program; and, (2)the project is subject to FDOT's Access Management standards for S.R. 29. The remaining reviewing agencies did not provide Comment Letters. The Comment Letters received are located within the CCPC binder. PROPOSED AMENDMENT, PETITION PL-201300001345/CP-2013-8 Petition requesting an amendment to the Immokalee Area Master Plan Element and Future Land Use Map to: 1) change the designations of a +24.99 acre site from Urban Mixed Use District, Neighborhood Commercial Subdistrict (±19.07 acres), Low Residential Subdistrict (±5.72 acres), and High Residential Subdistrict (±.20 acres), to the Urban Commercial District, S.R. 29 and Jefferson Avenue Commercial Subdistrict; and, 2) provide that this site would not be subject to architectural and site design standards or sign standards of the Land Development Code (LDC), rather be allowed to establish such standards in a Planned Unit Development (PUD) zoning district for this site. The proposed project site is located at the - 1 - Packet Page-1670- 3/10/2015 17.B. northwest corner of Westclox Street and S.R. 29, within Section 29, Township 46 South, Range 29 East, Immokalee. With the requested re-designation, the S.R. 29 and Jefferson Avenue Subdistrict would be expanded to add the subject ±24.99 acres and the property would become eligible for all land uses and intensities within the Subdistrict — all permitted and conditional uses of the C-1 through C-4 zoning districts of the LDC, including a large format retailer such as Wal-Mart; and, the site would not be subject to the architectural and site design standards of LDC Section 5.05.08, and the sign standards of LDC Section 5.06.00. If this GMP amendment is adopted, then the property will need to be rezoned from the Rural Agricultural zoning district to a PUD zoning district. (A companion PUD rezone petition[PUDZ-PL20130001241)is scheduled for this same hearing). TRANSMITTAL STAFF RECOMMENDATION: That the CCPC forward petition CP-2013-8 (with the changes made at the CCPC meeting, as contained within the Exhibit "A" text) to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity, subject to the petitioner working with the Immokalee CRA advisory board, CRA staff and County Planning staff to establish architectural and site development design standards and sign standards for the subject commercial development prior to Adoption hearings, and requiring that the subject project be capped at 162,000 square feet, consistent with the demand and public facilities analyses provided within the GMPA submittal. CCPC RECOMMENDATION: Transmit to DEO (vote: 7/0), with the petitioner's proposed text changes presented at the hearing, and subject to the petitioner working with the Immokalee CRA advisory board, CRA staff and County Planning staff to establish architectural and site development design standards, and sign standards for the subject commercial development prior to Adoption hearings. Additionally, the CCPC expressed the desire for the applicant to work with the Florida Department of Transportation to address the timing of a traffic signal at Westclox Drive and S.R. 29. BCC ACTION: Transmitted to DEO (vote: 5/0), per CCPC recommendation. ADOPTION The petitioner submitted the building design and treatment standards, and sign standards for the proposed commercial development to staff for review and comment. Zoning and sign review staff met with the petitioner to address the proposed sign standards only. At that meeting, the petitioner agreed to reduce the aggregate sign area on the three building frontages and also reduce the height of the proposed pole sign from thirty (30) feet to fifteen (15) feet. Subsequent to staff review and signage meeting with the petitioner, the building design and treatment standards, and the sign standards for the proposed commercial development were presented to the CRA Advisory Board at their November 19, 2014 regular meeting. The petitioner made reference to the agreed upon sign changes, as modifications were not reflected within the presentation materials, for Board consideration and vote. The CRA Advisory Board unanimously recommended approval (vote 11-0) of the building design and treatment standards, and modified sign standards. Future Land Use Element Policy 5.4 requires new development to be compatible with the surrounding land uses. Comprehensive Planning staff generally leaves this determination to Zoning Services staff as part of their review of the petition in its entirety. Comprehensive Planning staff offers the following comments: (1) The architectural design standards proposed for the large scale retailer/commercial development differ significantly from the architectural design regulations within the Land Development Code; and, (2) This project is located approximately 'A mile from the northern edge of the Immokalee Urban boundary, but based on the present Future Land Use Map designation, will be the first commercial project at this entrance to Immokalee. As such, it would make a first impression on visitors to the community, and may be viewed as "setting the standard" for future commercial development and redevelopment in Immokalee. Accordingly, building design standards (e.g. orientation, height, glazing, etc.) and site standards (e.g. buffering, pervious area, pedestrian access, -2 - Packet Page -1671- 3/10/2015 17.B. etc.) should be carefully considered when evaluating project compatibility with existing and future land uses on surrounding properties. STAFF RECOMMENDATION : That the CCPC forward Petition CP-2013-8 to the BCC with a recommendation to adopt, and to transmit the petition to the Florida Department of Economic Opportunity and to reviewing agencies that provided comments, subject to the below text modifications to the Subdistrict. [Words underlined are added-as proposed by the applicant and approved for Transmittal; Words double underlined are added,and words double sti=u61414roug4i are deleted-as recommended by staff and agreed to by the applicant] URBAN DESIGNATION [Page 16] B. Urban - Commercial District 1. Commercial Subdistrict-S.R. 29 and Jefferson Avenue The purpose of this Subdistrict is to provide for retail and office uses, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. Commercial uses allowed within the Subdistrict are generally similar to the C-1 through C-4 Commercial Zoning Districts, as identified in the Collier County Land Development Code. These commercial uses must be located on a major arterial or collector roadway. A. The development criteria contained in Section 2.03.07.G.1 of the Collier County Land Development Code must be met for future development within the Commercial Subdistrict along SR-29, as identified on Zoning Maps: 6932N; 6932S; 6933N; 6933S; 7904N; and 7905N; and 6929. B. The development criteria contained in Section 2.03.07.G.2 of the Collier County Land Development Code must be met for future development within the Commercial Subdistrict along Jefferson Avenue as identified on Zoning Map 6933S. C. That portion of the Subdistrict located at the northwest quadrant of the intersection of Westclox Street and S.R. 29 shall be rezoned in the form of a Planned Unit Development (PUD). The PUD shall include an appropriate list of commercial land uses designed to serve the needs of the Immokalee community. Development within this portion of the Subdistrict shall not be required to meet the specific architectural and site design standards for commercial development required for PUDs, identified in Section 5.05.08, and the signaqe requirements of Section 5.06 of the Collier County Land Development Code; however, the PUD shall include specific site design and building architectural and signaqe standards for the commercial development. Non-commercial Uses In addition to those mixed-uses permitted within the Commercial Designations, uses such as parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day- care centers and those essential services as defined in the Land Development Code. ****** ************ ******* ***************Text break************************************** LEGAL CONSIDERATIONS: This staff report has been approved as to form and legality by the Office of the County Attorney. [HFAC] -3 - Packet Page -1672- 3/10/2015 17.B. PREPARED BY: : ' --- DATE: 11 1 r MICHELE R. MOSAICP, PRINCIPAL PLANNER "COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: DATE: k DAVID WEEKS,AICP, GROWTH MANAGEMENT PLAN MANAGER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: --� DATE: / L - )t, - 1� MIKE BOSI,AICP, DIRECTOR, PLANNING AND ZONING DEPARTMENT APPROVED BY: DATE: NICK CASALANGUIDA,ADMINISTRATOR GROWTH MANAGEMENT DIVISION NOTE: This petition has been scheduled for the March 10, 2015, BCC Meeting. -4- Packet Page -1673- 3/10/2015 17.B. ORDINANCE NO. 15- AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, SPECIFICALLY AMENDING THE IMMOKALEE AREA MASTER PLAN ELEMENT AND IMMOKALEE AREA FUTURE LAND USE MAP TO ADD APPROXIMATELY 24.99 ACRES TO THE SR-29 AND JEFFERSON AVENUE COMMERCIAL SUBDISTRICT OF THE URBAN- COMMERCIAL DISTRICT, TO ALLOW FOR THE DEVELOPMENT OF UP TO 162,000 SQUARE FEET OF C-1 (COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT), C-2 (COMMERCIAL CONVENIENCE DISTRICT), C-3 (COMMERCIAL INTERMEDIATE DISTRICT), AND C-4 (GENERAL COMMERCIAL DISTRICT) COMMERCIAL USES AS DESCRIBED IN THE LAND DEVELOPMENT CODE (LDC); TO EXEMPT DEVELOPMENT ON THE SUBJECT SITE FROM THE ARCHITECTURAL AND SITE DESIGN STANDARDS OF LDC SECTION 5.05.08, AND THE SIGN STANDARDS OF LDC SECTION 5.06.00; AND TO PROVIDE THAT ARCHITECTURAL, SITE DESIGN AND SIGN STANDARDS BE ESTABLISHED THROUGH THE REZONING OF THE SUBJECT SITE; PROVIDING FOR TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF WESTCLOX STREET AND STATE ROAD 29 IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. [PL20130001345/CP-2013-8] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly 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 Community Planning Act of 2011. provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Petitioner, Barron Collier Investments, Ltd., has initiated this amendment to the Immokalee Area Master Plan Element and Immokalee Area Future Land Use Map; and [14-CMP-0091 5/1 1 51 1 96/1)72-rev.2/5/15 1 Words underlined are additions;Words°truck through are deletions *** *** *** ***are a break in text Packet Page -1674- 3/10/2015 17.B. WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on July 3, 2014, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Future Land Use Map to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents, testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on January 15, 2015, and the Collier County Board of County Commissioners held on March 10, 2015; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendment to the Immokalee Area Master Plan Element and Immokalee Area Future Land Use Map, attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. 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. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order [1 4-CMP-0091 5/1 1 51 1 96/1]72-rev.2/5/15 2 Words underlined are additions;Words struck-threteh are deletions *** *** *** ***are a break in text Packet Page -1675- 3/10/2015 17.B. determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced 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 affiuning its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: tdk Heidi Ashton-Cicko ' ti Managing Assistant County Attorney Attachment: Exhibit A—Text and Map Amendment [14-CMP-0091 5/1 1 51 1 96/1]72-rev.2/5/15 3 Words underlined are additions;Words std-through are deletions *** *** *** ***are a break in text Packet Page -1676- 3/10/2015 17.B. Exhibit A CP-2013-8 URBAN DESIGNATION [Page 16] B. Urban — Commercial District 1. Commercial Subdistrict—S.R. 29 and Jefferson Avenue The purpose of this Subdistrict is to provide for retail and office uses, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. Commercial uses allowed within the Subdistrict are generally similar to the C-1 through C-4 Commercial Zoning Districts, as identified in the Collier County Land Development Code. These commercial uses must be located on a major arterial or collector roadway. A. The development criteria contained in Section 2.03.07.G.1 of the Collier County Land Development Code must be met for future development within the Commercial Subdistrict along SR-29, as identified on Zoning Maps: 6932N; 6932S; 6933N; 6933S; 7904N; asei 7905N; and, 6929. B. The development criteria contained in Section 2.03.07.G.2 of the Collier County Land Development Code must be met for future development within the Commercial Subdistrict along Jefferson Avenue as identified fed on Zoning Map 6933S. C. That portion of the Subdistrict located at the northwest quadrant of the intersection of Westclox Street and S.R. 29 shall be rezoned in the form of a Planned Unit Development (PUD). The PUD shall include an appropriate list of commercial land uses designed to serve the needs of the Immokalee community. Development within this portion of the Subdistrict shall not be required to meet the specific architectural and site design standards for commercial development required for PUDs, identified in Section 5.05.08, and the signaqe requirements of Section 5.06 of the Collier County Land Development Code; however, the PUD shall include specific site design and building architectural and signaqe standards for the commercial development., Non-commercial Uses In addition to those mixed-uses permitted within the Commercial Designations, uses such as parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day-care centers and those essential services as defined in the Land Development Code. *** ****************** **** *** ********* ***Text break********************* *** *** *********** $ Packet �e-1677- C 3/10/201517.B. il li cl, al 5w w il z 0 ■":"- M , i 7 • ' - — -'. Ill .... I i il 'f, g E .%, 5 1 i 1 ! ' _sr. i■ iiF. , 1,,,V, ii . . i P _ g. 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Kw=i.J.4=r: 'eV 4 IN 4 if,' ...;,,,,,-,,' .ec Wm'0-,. L:-..6,--;a4.- .f-;,--..-:- ! k'-'4,4*..1,0,..,...E,ql _ - K.:41.1ga - ' - ' . ' , - - III , , -- , 1 1 _ , , — 1, , 1 03 01 V.. IX 5 g 01 ' s cv i 1 S 9V 1 Packet Page -1678.7-3 - a-N. 3/10/2015 17.B. Rick Scott Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR . FLORIDA DEPARTMENT d ECONOMIC OPPORTUNfTY August 4,2014 The Honorable Tom Henning,Chairman Collier County Board of County Commissioners 3299 Tamiami Trail East,Suite 303 Naples, Florida 34112-5746 Dear Chairman Hennning: The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for Collier County(Amendment No. 14-3ESR),which was received on July 7,2014. We have reviewed the proposed amendment pursuant to Sections 163.3184(2)and(3), Florida Statutes(F.S.),and identified no comments related to important state resources and facilities within the Department's authorized scope of review that will be adversely impacted by the amendment 5 if adopted. The County is reminded that pursuant to Section 163.3184(3)(b), F.S.,other reviewing agencies have the authority to provide comments directly to the County. If other reviewing agencies provide comments,we recommend the County consider appropriate changes to the amendment based on those comments. If unresolved,such reviewing agency comments could form the basis for a challenge to the amendment after adoption. The County should act by choosing to adopt,adopt with changes,or not adopt the proposed amendment. Also,please note that Section 163.3184(3)(c)1, F.S., provides that if the second public hearing is not held within 180 days of your receipt of agency comments,the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment. For your assistance,we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. Florida Department of I,conomic Opportunity Caldwell Building 107 E.Madison Street 'Tallahassee,FL 32399 866.1:I.A.2345 ' 850.245.7105 850.921.3223 Fax www.tloridaiobs.org ' www.twittcr.corn/II,D10 j www.faccbc ok.com/1:11)f?0 • • Packet Page-1679- • The Honorable Tom Henning 3/10/2015 17.B. August 4,2014 Page 2 of 2 j If you have any questions concerning this review, please contact Scott Rogers, Planning Analyst, at(850)717-8510, or by email at scott.rogers @deo.mvflorida.com. • Sincerely, Ana Richmond Comprehensive Planning Manager AR/sr Enclosure: Procedures for Adoption cc: Michael Bosi, Director,Collier County Planning&Zoning Department Margaret Wuerstle, Executive Director,Southwest Florida Regional Planning Council Packet Page-1680- 3/10/2015 17.B. +11 F'DOT Florida Department of Transportation RICK SCOTT 605 Suwannee Street ANANTH PRASAD,P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY August 7, 2014 Mr.Nick Casalanguida Administrator Collier County Growth Management Division 2800 North Horseshoe Drive Naples,Florida 34104 RE: Collier County 14-3ESR Proposed Comprehensive Plan Amendment(Expedited State Review Process)—FDOT Comments and Recommendations Dear Mr. Casalanguida: The Florida Department of Transportation, District One, has reviewed the Collier County 14- 3ESR, Proposed Comprehensive Plan Amendment, (received by the FDOT on July 10t, 2014), transmitted under the Expedited State Review process (transmitted by the Board of County Commissioners on June 24, 2014) in accordance with the requirements of Florida Statutes(F.S.) Section 163 and Chapter 9J-11 of the Florida Administrative Code (F.A.C.). The Department offers the Collier County the following comments and recommendations for your consideration regarding the proposed amendment: Petition PL20130001345/CP-2013-8(Text and Map Amendment): The site that is the subject to this amendment is located at the northwest corner of the intersection of CR 29A/Westclox Street and SR 29 in Collier County. The comprehensive plan amendment proposes to amend the Immokalee Area Master Plan(TAMP) Element and Future Land Use Map(FLUM)to: 1. Change the designations of a 24.99 acres from Neighborhood Center Subdistrict (NCS) for 19.07 acres,Low Residential Subdistrict(LRS)for 5.72 acres,and High Residential Subdistrict (HRS) for 0.20 acre, located in the Urban Mixed Use District, within the LAMP to the Commercial Subdistrict - S.R. 29 and Jefferson Avenue (CS-SR 29 &JA), located in Urban Commercial District,within the TAMP. 2. Provide that this site would not be subject to architectural and site design standards or sign standards of the Land Development Code(LDC),rather be allowed to establish such standards in a Planned Unit Development(PUD)zoning district for this site. • .. www.dot.state.fl.us Packet Page-1681- 3/10/2015 17.B. Mr.Nick Casalanguida Collier County 14-3ESR—FDOT Comments and Recommendations August 7,2014 j Page 2 of 5 "/ According to the existing FLU designation, the maximum development that can occur on 19.07 acres of the NCS is 183 multi-family dwelling units(12 DU's/Acre over 80%of the Gross Acres), and 166,138 square feet of non-residential/commercial uses (1.0 FAR over the remaining 20%of the Gross Acres), the maximum development that can occur on the 5.72 acres of the LRS is 23 single family dwelling units(4 DU's/Acre), and the maximum development that can occur on the 0.20 acres of the HRS is 2 multi-family dwelling units (8 DU's /Acre), which would result in 11,087 daily trips or 1,007 p.m.peak hour trips. According to the proposed FLU designation,the maximum development that can occur on 24.99 acres of CS-SR 29 & JA is 761,995 square feet of commercial uses (0.70 FAR), which would result in 24,018 daily trips and 2,210 p.m.peak hour trips. As indicated in the following table, the proposed amendment under the maximum development scenario could result in a net increase of 12,931 daily trips or 1,203 p.m.peak hour trips. Based on the review of the staff report, it is noted that the applicant proposes to develop a large format retail center(e.g.Wal-Mart)with up to 162,000 square feet of commercial retail uses,which would result in 9,292 daily trips or 828 p.m.peak hour trips.As indicated in the following table, the proposed amendment as requested by the applicant could result in a net decrease of 1,795 daily trips or 179 p.m. peak hour trips. PETITION PL20130001345/CP-2013-8,TRIP GENERATION UNDER MAXIMUM POTENTIAL Manmum �" 15 ►,Rf ll�svelopme� =F a„ PM �$cena�imrJ Lane * and gn ae Acres flowed` i P Desi -ryt , e Donaiipment NCS(RES)2 12 DU's/Acre 220 15.27 183 DU's 1,233 118 Adopted NCS(NON-RES)3 1.0 FAR 820 3.80 166,138 S.F. 9,446 842 Adopted LRS 4 DU's/Acre 210 5.72 23 DU's 272 28 Adopted HRS 8 DU's/Acre 220 0.20 2 DU's 136 19 Proposed (Maximum CS-SR 29&JA 0.7 FAR4 820 24.99 761,995 S.F. 24,018' 2,210' Development Scenario) °a►ge in Trtll* +1 I. Trip generation based on the rates and equations obtained in the ITE Trip Generation Manual (9th Edition). 2. Assuming 80% of the Neighborhood Center Subdistrict(NCS)is going to be developed as multi family residential units. 3. Assuming 20%of the Neighborhood Center Subdistrict(NCS)is going to be developed as commercial 4. Assumed 0.7 FAR based on the Land Development Code. 5. Pass-by trips was limited to 10%of the background trips along SR 29. www.dot.state.fl.us Packet Page-1682- 3/10/2015 17.B. Mr.Nick Casalanguida Collier County 14-3ESR—FDOT Comments and Recommendations August 7,2014 • Page 3 of 5 PETITION PL20130001345/CP-2013-8,TRIP GENERATION AS PROPOSED BY THE APPLICANT zimiun fl f �11f61Ydop tea_. 'u, Land-Use ''"mot: rid a ▪`Scenario :Yt_ . Mesigna �"'Use Acres T ,. Taft - ,Eye; Kr r. r.. � � . NCS(RES)2 12 DU's/Acre 220 15.27 183 DU's 1,233 118 Adopted NCS(NON-RES)3 1.0 FAR 820 3.80 166,138 S.F. 9,446 842 Adopted LRS 4 DU's/Acre 210 5.72 23 DU's 272 28 Adopted HRS 8 DU's/Acre 220 0.20 2 DU's 136 19 Proposed (Requested CS-SR 29&JA NA 820 24.99 162,000 S.F. 9,292 828 by the Applicant) •iaolTtps s "= n x1,795 -179 1. Trip generation based on the rates and equations obtained in the ITE Trip Generation Manual (9th Edition). • 2. Assuming 80% of the Neighborhood Center Subdistrict(NCS) is going to be developed as multi family residential units. 3. Assuming 20%of the Neighborhood Center Subdistrict(NCS)is going to be developed as commerciaL YEAR 2013 EXISTING ROADWAY CONDITIONS :,;;?7,, From( Tu' a „K SiS? LOS Stile, o 61t ` �• *, �-ry* La* - 1 b'f Acceptable? a.� ., Lee SR 82 , unty SR 29 Emerging Srgmg D 2 23,100 10,532 C Yes SR 29 SR 82 New Market Emerging D 2 23,100 14,038 C Yes Road N. SIS SR 29 New Market 9th Street Emerging D 2 19,514 14,200 C Yes Road N. SIS SR 29 9th Street CR 846 E Sung D 4 34,020 14,200 C Yes 1. Service Volumes at the County LOS Standard were obtained from the 2013 FDOT Quality/Level of Service Handbook • www.dot.state.fl.us 40111 Packet Page -1683- 3/10/2015 17.B. Mr.Nick Casalanguida Collier County 14-3ESR-FDOT Comments and Recommendations August 7,2014 IWO Page 4 of 5 YEAR 2019 SHORT TERM HORIZON ROADWAY CONDITIONS Roadway From g,: To 4,Citirt,service' 2019'od Pro' Toml z Iasi Backgro Dist% ratICL Traffic 9 r Lee SR82 County SR29 2 23,100 12,000 15.00% 1,940 13,940 C Yes Line New SR 29 SR 82 Market 2 23,100 16,000 20.00% 2,586 18,586 D Yes Road N. New SR29 Market Street 2 19,514 15,900 40.00% 5,172 21,072 E No Road N. SR 29 Stir et CR 846 4 34,020 15,900 20.00% 2,586 18,486 D Yes 1. Service Volumes at the County LOS Standard were obtained from the 2012 FDOTQuality/Level of Service Handbook. 2. The short term planning horizon year 2019 background traffic volumes were obtained using historical trend growth rates. 3. The project traffic distribution percentages were obtained from the traffic study accompanying the CPA. YEAR 2035 LONG TERM HORIZON ROADWAY CONDITIONS way ® 1 No of c md Projects roject Total= Lanes neninie 1.1�s Lee SR 82 County SR 29 2 23,100 21,848 15.00% 1,940 23,788 E No Line New SR29 SR82 Market 2 23,100 24,413 20.00% 2,586 26,999 E No Road N. New SR29 Market 9th Street 2 19,514 16,568 40.00% 5,172 21,740 E No Road N. SR 29 9th Street CR 846 4 34,020 24,275 20.00% 2,586 26,861 D Yes 1. Service Volumes at the County LOS Standard were obtained from the 2013 FDOT Quality/Level of Service Handbook 2. The long term planning horizon year 2035 background traffic volumes were obtained using FSUTMS model 3. The project traffic distribution percentages were obtained from the traffic study accompanying the CPA. FDOT Comment# 1: a. The Department notes that SR 29 and SR 82 currently in 2013 operate within acceptable LOS standard D. b. The Department notes that under the short term(2019)timeframe,SR 29 from New Market Road to 9th Street is projected to operate at adverse conditions (LOS E) with the project. The Department notes that SR 29 from Oil Well Road to SR 82 (FM # 417540-1) is programmed for a PD&E Study in 2015. www.dot.state.fl.us Packet Page -1684- 3/10/2015 17.B. Mr.Nick Casalanguida Collier County 14-3ESR—FDOT Comments and Recommendations August 7,2014 4111 Page 5 of 5 Nrite c. The Department notes that under the long term(203 5)timeframe,SR 82 west of SR 29 and SR 29 from New Market Road to 9th Street are projected to operate at adverse conditions (LOS E)with the project. Also, SR 29 from SR 82 to New Market Road is projected to operate at adverse conditions (LOS E) under the background conditions and with the project. The Department notes that SR 82 west of SR 29 (FM# 430849-1) is programmed for Preliminary Engineering and Right-of-Way phases in 2016 and 2017, respectively. Also, the Department notes that SR 82 from SR 29 to Hendry County Line is identified as a six- lane facility in the Collier Metropolitan Planning Organization (MPO) 2035 Adopted Highway Needs Plan. The Department notes that SR 29 from 9th street to Hendry County Line is identified as a four-lane facility in the Collier MPO 2035 Adopted Highway Needs Plan. In addition, a new two-lane arterial (SR 29 Loop Road) from SR 29 S. to Florida Tradeport Boulevard and a new four-lane arterial (SR 29 Loop Road) from Florida Tradeport Boulevard to SR 29 N.is identified in the Collier MPO 2035 Adopted Highway Needs Plan. d. Therefore, based on the fact that there are programmed improvement phases for SR 29 (PD&E Study) and SR 82 (Preliminary Engineering and Right-of-Way) are identified within the FDOT Five Year Work Program and capacity improvements along SR 29, SR 82 and SR 29 Loop Road are identified in the Collier MPO 2035 Adopted Highway Needs Plan. • FDOT Comment#2: ,, . a. The subject property is located along SR 29.Any access to SR 29 will be subject to FDOT permitting process as described in Rule 14-96 FAC. The FDOT may require that the applicant provide mitigation for any such impacts as a condition of a permit. The FDOT Access Management standard for SR 29 is access class 3 from CR 29A/Westclox Street (M.P. 39.819) to Hendry County Line (M.P. 44.884). The FDOT standards for Access Class 3 require a minimum spacing of 2,640 feet (one half of a mile) for signals and full median openings, 1,320 feet (one quarter of a mile) for directional median openings, and 440 feet between access points for any single parcel, at posted speed limits of 45 MPH or less. The Department offers no further comments. If you need additional information or would like to discuss these comments, please contact me at (863)519-2395 or bob.crawley @dot.state.fl.us. Sincerely, Bob Crawley District Transportation Modeling Coordinator FDOT District One CC: Mr.Ray Eubanks,Florida Department of Economic Opportunity • www.dot.state.fl.us Packet Page -1685- 3/10/2015 17.B. From: Hight, Jason [mailto:Jason.Hight @MyFWC.com] Sent: Wednesday,August 06, 2014 2:28 PM Sad To: DCPexternalagencycomments; WeeksDavid Cc: Wallace,Traci; Chabre, Jane; Krueger, Marissa Subject: Collier County 14-3 ESR Mr. Weeks, Florida Fish and Wildlife Conservation Commission(FWC) staff has reviewed the proposed comprehensive plan in accordance with Chapter 163-3184(3), Florida Statutes. We have no comments,recommendations, or objections related to fish and wildlife or listed species and their habitat to offer on this amendment. If you need any further assistance,please do not hesitate to contact Jane Chabre either by phone at(850)410-5367 or by email at FWCConservationPlanningServices(a,MyFWC.com. If you have specific technical questions, please contact Marissa Krueger at(561) 882-5711 or by email at Marissa.Krueger@myfwc.com. Sincerely, Jason Hight Biological Administrator II Office of Conservation Planning Services Division of Habitat and Species Conservation 620 S. Meridian Street, MS 5B5 Tallahassee, FL 32399-1600 office: 850-413-6966 cell: 850-228-2055 CP-2013-8, TAMP/S.R.29 and Jefferson Avenue Commercial Subdistrict expansion FFWCC Transmittal Review Comments 8-6-14 G:ICDES Planning Services\Comprehensive\COMP PLANNING GMP DATAIComp Plan Amendments12013 Cycles&Small Scale Petitions12013 Cycle 2- June12013.2 Letters to or from DEO_State-Trans&Adopt dw/8-6-14 • a Packet Page -1686- 3/10/2015 17.B. KendallMarcia From: WeeksDavid Went: Thursday, July 31, 2014 3:42 PM : MoscaMichele Cc: KendallMarcia; BosiMichael Subject: FW: Collier County 14-3ESR-Proposed [CP-2013-8, TAMP subdistrict expansion] fyi From: Stahl, Chris [mailto:Chris.Stahl(adeo.state.fl.us] Sent:Thursday,July 31, 2014 10:14 AM To: WeeksDavid Cc: Craig, Kae; DEO Agency Comments Subject: FW: Collier County 14-3ESR—Proposed This amendment memo was read supposed to be Proposed NOT ADOPTED.Sorry for the confusion. From:Stahl, Chris Sent: Monday,July 28,2014 1:20 PM To:davidweeksPcolliergov.net Cc:Craig, Kae; DEO Agency Comments Subject:Collier County 14-3ESR—Adopted To:David Weeks,GMP Manager ee:Collier County 14-3ESR—Expedited Review of Adopted Comprehensive Plan Amendment '` The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above-referenced amendment package under the provisions of Chapter 163, Florida Statutes.The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities,specifically:air and water pollution;wetlands and other surface waters of the state;federal and state-owned lands and interest in lands, including state parks,greenways and trails, conservation easements;solid waste;and water and wastewater treatment. Based on our review of the submitted amendment package,the Department has found no provision that would result in adverse impacts to important state resources subject to the Department's jurisdiction. Please feel free to contact me with any questions. Chris Stahl Office of Intergovernmental Programs Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS 47 Tallahassee, FL 32399-3000 (850)245-2169 fitAA Customer aav Service k Survey 1 Packet Page -1687- 3/10/2015 17.B. N t tom...`• FLORIDA DEPARTMENT Of STATE r , RICK SCOTT KEN DETZNER Governor Secretary of State Mr.Nick Casalanguida July 29.2014 Collier County Growth Management Division 2800 North Horseshoe Drive Naples,Florida 34104 Re: DHR Project File No.2014-3163 Historic Preservation Review of the Collier County 14-3ESR Comprehensive Plan Amendment—CP-20 13-8/PL20130001345 Dear Mr. Casalanguida: According to this agency's responsibilities under Section 163.3184(3)(b)Florida Statutes,we reviewed the above document to determine if proposed amendments may adversely impact significant historic resources. A review of the information in the Florida Master Site File indicates that the area in question has not undergone a systematic cultural resources assessment survey.Therefore,we are unable to determine whether the proposed amendment may adversely impact significant resources at this time. In the event that plans to develop this property are submitted to this office for review,we may request that this tract be subjected to a cultural resource assessment survey to locate and evaluate archaeological and historical resources. Should significant resources be encountered,measures must be taken to protect and preserve them,or if this is not feasible,data recovery should be conducted to mitigate adverse effects. If you have any questions,please contact Deena Woodward,Community Assistance Consultant,by email at Deena.Woodward@dos.myflorida.com,or by telephone at 850.245.6333 or 800.847.7278. Sincerely Robert t. Bendus, Director Division of Historical Resources & State Historic Preservation Officer jor Division of Historical Resources yax� R.A.Gray Building•500 South Bronough Street.Tallahassee,Florida 32399 850.245.6300•850.245.6436(Fax) nheritage.com VIVA FEORIOA Promoting Florida's History and Culture VivaFlorida.org Packet Page-1688- 3/10/2015 17.B. SOUTH FLORIDA WATER MANAGEMENT DISTRICT ✓IBS .,,`l,�l July 23, 2014 Nick Casalanguida, Administrator Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Subject: Collier County, DEO#14-3ESR Comments on Proposed Comprehensive Plan Amendment Package Dear Mr. Casalanguida: The South Florida Water Management District (District) has completed its review of the proposed amendment package from Collier County (County). The amendment changes the land use designation on a 24.99-acre site from Urban Mixed Use District, Neighborhood Commercial Subdistrict, Low Residential Subdistrict, and High Residential Subdistrict to Urban Commercial District and S.R. 29 and Jefferson Avenue Commercial Subdistrict. There appear to be no regionally significant water resource issues; therefore, the District forwards no comments on the proposed amendment • package. The District offers its technical assistance to the County and the Department of Economic Opportunity in developing sound, sustainable solutions to meet the County's future water supply needs and to protect the region's water resources. Please forward a copy of adopted amendments to the District. For assistance or additional information, please contact Deborah Oblaczynski, Policy and Planning Analyst, at (561) 682-2544 or doblaczvCa'D.sfwmd.aov. Sincerely, Ot- -W Dean Powell Water Supply Bureau Chief DP/do c: Ray Eubanks, DEO Deborah Oblaczynski, SFWMD David Weeks, Collier County Brenda Winningham, DEO Margaret Wuerstle, SWFRPC • 3301 Gun Club Road,West Palm Beach,Florida 33406 • (561)686-8800 • FL WATS 1-800-432-2045 . Mailing Address:P.O.Box 24680,West Palm Beach,FL 33416-4680 • www.sfwmd.gov Packet Page-1689- 3/10/2015 17.B. EXECUTIVE SUMMARY Recommendation to review and consider approving the 2013 Cycle 2 Growth Management Plan Amendment for transmittal to the Florida Department of Economic Opportunity for review and Comments response. (Transmittal Hearing) OBJECTIVE: For the Board of County Commissioners to review the 2013 cycle 2 amendment to the Collier County Growth Management Plan (GMP) and consider approving said amendment for transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • Resolution 12-234,provides for a public petition process to amend the Collier County GMP. • The Collier County Planning Commission (CCPC), sitting as the "local planning'agency" under Chapter 163.3174, F.S., held their Transmittal hearing for the 2013 cycle 2 petition on April 29, 2014. • This Transmittal hearing for the 2013 cycle 2 considers an amendment to the Immokalee Area Master Plan Element and Future Land Use Map. Note: Because the support materials are voluminous, the Agenda Central system does not contain all of the related documents pertaining to this GMP amendment petition. The entire Executive Summary package, including all support materials, is included in the binder that is available for review in the Comprehensive Planning Section office at 2800 North Horseshoe Drive, Naples, as well as in the Clerk of Courts/Minutes and Records office at 3299 Tamiami Trail East, Suite 401. Or, to view back-up materials, please refer to the following link: http://www.colliergov.net/ftp/AgendaJune24/GrowthMgmt/PL20130001345 CP-2013- 8IMM Hearing Packet.pdf Petition PL20130001345/CP-2013-8 is a petition submitted by Barron Collier Investments, Ltd. requesting an amendment to the Immokalee Area Master Plan Element and Future Land Use Map to: 1) change the designations of a +24.99 acre site from Urban Mixed Use District, Neighborhood Commercial Subdistrict (+19.07 acres), Low Residential Subdistrict (±5.72 acres), and High Residential Subdistrict (±.20 acres), to the Urban Commercial District, S.R. 29 and Jefferson Avenue Commercial Subdistrict; and, 2)provide that this site would not be subject to architectural and site design standards or sign standards of the Land Development Code (LDC), rather be allowed to establish such standards in a Planned Unit Development (PUD) zoning district for this site. The proposed project site is located at the northwest corner of Westclox Street and S.R. 29, within Section 29, Township 46 South, Range 29 East, Immokalee. With the requested re-designation, the S.R. 29 and Jefferson Avenue Subdistrict would be expanded to add the subject +24.99 acres and the property would become eligible for all land uses and intensities within the Subdistrict—all permitted and conditional uses of the C-1 through C-4 zoning districts of the LDC, including a large format retailer such as a Wal-Mart; and, the site would not be subject to the architectural and site design standards of LDC Section 5.05.08, 1 Packet Page-1690- 3/10/2015 17.B. and the sign standards of LDC Section 5.06.00. If this GMP amendment is adopted, then the property will need to be rezoned from the Rural Agricultural zoning district to a PUD zoning district. (A PUD rezone petition has been submitted and is under review.) At the CCPC hearing, the petition agents asserted that the proposed commercial is supported by the market demand analysis, there are limited sites for large format retail centers in Immokalee, and the proposed land use change has fiscal and economic benefits. It is staff's opinion that the data and analysis provided with the GMPA submittal supports the proposed 162,000 square feet of commercial development, there are limited sites for large format retail centers, and there are potential fiscal and economic benefits to the community resulting from the proposed commercial development. Staff, however, notes that this same data and analysis provided with the submittal identifies the potential impacts of the proposed large format retailer — Wal-Mart, on directly competing businesses within the community. Adapting to the referenced retailer entering the market will be essential to these businesses maintaining or increasing sales, retaining employees and avoiding closures. Staff analysis of this petition is included in the CCPC Staff Report. FISCAL IMPACT: There are no fiscal impacts to Collier County as a result of this amendment. Petition fees account for staff review time and materials, and for the cost of associated legal advertising/public notice. LEGAL CONSIDERATIONS: This item is ready for Board consideration and approval. A majority vote of the Board is needed for transmittal to DEO. --HFAC GROWTH MANAGEMENT IMPACT: Approval of this proposed amendment by the Board for Transmittal to the Florida Department of Economic Opportunity will commence the Department's thirty-day (30) review process and ultimately return this amendment to the Planning Commission and the Board for final Adoption hearings to be held later in 2014. ENVIRONMENTAL ISSUES: The site of petition CP-2013-8 is partially vegetated, and a portion of the site is used for agricultural purposes (grazing); there are no listed plant and/or animal species occurring on site. Further, as part of the process of obtaining subsequent development orders (e.g. site development plan), this site 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 Growth Management Plan, and the Collier County Land Development Code. HISTORICAL/ARCHAEOLOGICAL IMPACT: This petition site is not identified on the County's Historical/Archeological Probability Maps as being in an area of historical or archaeological probability. Communications from the Florida Department of State, Division of Historical Resources, indicates no significant archaeological or historical sites recorded for, or likely to be present within, the petition site. 2 Packet Page-1691- . r 3/10/2015 17.B. STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the CCPC forward petition CP-2013-8 (with the changes made at the CCPC meeting, as noted below) to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity, subject to the petitioner working with the Immokalee CRA advisory board, CRA staff and County Planning staff to establish architectural and site development design standards and sign standards for the subject commercial development prior to Adoption hearings, and requiring that the subject project be capped at 162,000 square feet, consistent with the demand and public facilities analyses provided within the GMPA submittal. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: At the April 29, 2014, CCPC meeting, the applicant for petition CP-2013-8 proposed text changes; these are reflected in the Resolution Exhibit"A"text. The text changes include: 1) removing the word "exempt" and replacing it with the phrase, "not be required to meet" — pertaining to architectural and site design standards, and signage requirements, of the Collier County Land Development Code; and, 2) restructuring the Subdistrict text for clarity. The CCPC forwarded petition CP-2013-8, with the petitioner's changes, to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity (vote: 7-0). There were five public speakers, all in support, and three of the five speakers expressed concerns about traffic near the subject site and the need for a traffic signal at S.R. 29 and Westclox Street. STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: Same as to the CCPC — to transmit petition CP-2013-8, as revised at the CCPC meeting, to the Department of Economic Opportunity (subject to the petitioner working with the Immokalee CRA advisory board, CRA staff and County Planning staff to establish architectural and site development design standards and sign standards for the subject commercial development prior to Adoption hearings, and requiring that the subject project be capped at 162,000 square feet, consistent with the demand and public facilities analyses provided within the GMPA submittal). Prepared By: Michele Mosca, AICP, Principal Planner, Comprehensive Planning Section, Planning and Zoning Department, Growth Management Division/Planning and Regulation Attachments: 1) CP-2013-8 CCPC Staff Report; 2) CP-2013-8 Resolution with Exhibit"A"text and map Executive Summary Transmittal 2013 Cycle 2 GMPAs3 3 Packet Page -1692- 3/10/2015 17.B. CP-2013-8, SR 29 and Jefferson Avenue Commercial Subdistrict Expansion Agenda Item 4.A. ...cri4.-1-Ety -altowes, ,, STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: April 29, 2014 RE: PETITION NO. PL20130001345/CP-2013-8, S.R. 29 and Jefferson Avenue Commercial Subdistrict Expansion — GROWTH MANAGEMENT PLAN AMENDMENT (TRANSMITTAL HEARING) [Companion to PUDZ- PL20130001241] AGENTS/APPLICANT/OWNER: Agent: D. Wayne Arnold,AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Agent: Richard Yovanovich, Esq. Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 Owner: Barron Collier Investments, Ltd. 2600 Golden Gate Parkway, Suite 200 Naples, Florida 34105 Contract Purchaser: Wal-Mart Stores East, LP 2001 S.E. 10th Street Bentonville,Arkansas 72716 GEOGRAPHIC LOCATION: The subject site includes approximately 24.99 acres and is located at the northwest corner of Westclox Street and S.R. 29, within Section 29, Township 46 South, Range 29 East, Immokalee, Collier County, Florida. (Refer to aerial map on the following page for project location.) - 1 - Packet Page -1693- 3/10/2015 17.B. CP-2013-8, SR 29 and Jefferson Avenue Commercial Subdistrict Expansion Agenda Item 4.A. Project Location Map ., Y 1 � 9; 't--r'''' ' :, ' _ ' i _,: . ,_f.- , , ,,, _ ,,,,„.. 4i. d y REQUESTED ACTION: This petition seeks to amend the Immokalee Area Master Plan (TAMP) Element text and Future Land Use Map (FLUM) by: 1) expanding the Urban Commercial District, S.R. 29 and Jefferson Avenue Commercial Subdistrict, to add the subject ±24.99 acres; 2) amending the subdistrict to exempt development on the subject site from the architectural and site design standards of LDC Section 5.05.08, and the sign standards of LDC Section 5.06.00; and, 3) amending the subdistrict to provide that architectural, site design and sign standards be established through the rezoning of the subject site. This amendment would re-designate the site from Neighborhood Commercial Subdistrict (±19.07 acres), Low Residential Subdistrict (±5.72 acres) and High Residential Subdistrict (±0.20 acres) so as to allow rezoning of the site for development of uses allowed in the C-1 (Commercial Professional and General Office District), C- 2 (Commercial Convenience District), C-3 (Commercial Intermediate District), and C-4 (General Commercial District) zoning districts as described in the Collier County Land Development Code (LDC). The petitioner's proposed text changes, shown in strike-through/underline format (words underlined are added, words struck-througth are deleted.), are as follows [This text is reflected in the Resolution Exhibit A; staff recommended changes are located at the end of this report.]: Proposed immokalee Area Master Plan Element Text and Map Amendment: [page 16] B. Urban Commercial District ************************* ***************Text break*** *** ********* ********************* *** 1. Commercial Subdistrict—S.R. 29 and Jefferson Avenue The purpose of this Subdistrict is to provide for retail and office uses, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. Commercial uses allowed within the Subdistrict are generally similar to the C-1 through C-4 Commercial Zoning Districts, as identified in the Collier County Land Development Code. These commercial uses must be located on a major arterial or collector roadway. 2- Packet Page :1694-- 3/10/2015 17.B. CP-2013-8, SR 29 and Jefferson Avenue Commercial Subdistrict Expansion Agenda item 4.A. A. The development criteria contained in Section 2.03.07.G.1 of the Collier County Land Development Code must be met for future development within the Commercial Subdistrict along SR-29, as identified on Zoning Maps: 6932N; 6932S; 6933N; 6933S; 7904N; and 7905N. B. The development criteria contained in Section 2.03.07.G.2 of the Collier County Land Development Code must be met for future development within the Commercial Subdistrict along Jefferson Avenue as identified on Zoning Map 6933S. C. Commercial development located at the Northwest quadrant of the intersection of Westclox Street and S.R. 29 as identified on Zoning Map 6929 is encouraged to be rezoned in the form of a Planned Unit Development (PUD). The PUD shall include an appropriate list of commercial land uses and development standards designed to serve the commercial needs of the Immokalee Community. Development within this portion of the Subdistrict shall be exempt from the architectural and site design standards identified in Section 5.05.08, and the signaqe requirements of Section 5.06 of the Collier County Land Development Code; however, the PUD shall include specific building architectural and signaqe standards for the commercial development. Non-commercial Uses In addition to those mixed-uses permitted within the Commercial Designations, uses such as parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day-care centers and those essential services as defined in the Land Development Code. ********* ******************************* Text break*************************************** Project Description: The petitioner is requesting an expansion of the S.R. 29 and Jefferson Avenue Commercial Subdistrict without identifying specific uses or intensities. However, within the application materials the petitioner states the proposed development is a large format retail center(e.g. Wal-Mart) with up to 162,000 square feet of commercial retail uses. EXISTING CONDITIONS, SURROUNDING LAND USES, ZONING AND FUTURE LAND USE MAP DESIGNATION: Existing Conditions: The subject project is 24.99 acres; undeveloped; zoned A, Rural Agricultural with a Mobile Home Overlay; and, has three different future land use designations on the subject property — +19.07 acres designated Urban Mixed Use District, Neighborhood Center Subdistrict, +5.72 acres designated Urban Mixed Use District, Low Residential Subdistrict, and +.20 acres designated Urban Mixed Use District, High Residential Subdistrict. The entire site is located within the Immokalee Community Redevelopment Area, established in 2000. Surrounding Land Uses, Zoning and Future Land Use Map Designation: North: Undeveloped; zoned A, Agricultural Rural, Mobile Home Overlay; and, designated Urban Mixed Use District, Low Residential Subdistrict on the TAMP Future Land Use Map. South: Across Westclox Street, undeveloped land and crop fields; zoned A, Agricultural Rural, Mobile Home Overlay; and, designated Urban Mixed Use District, Neighborhood Center Subdistrict on the TAMP Future Land Use Map. East: Across S.R. 29, undeveloped and developed acreage with medical facilities (FSU Medical Campus, Immokalee Outpatient Rehabilitation Center and Collier Health Services), zoned -3- Packet Page -1695- 3/10/2015 17.B. CP-2013-8, SR 29 and Jefferson Avenue Commercial Subdistrict Expansion Agenda Item 4.A. Heritage PUD, and, designated Urban Mixed Use District, Low Residential Subdistrict; and undeveloped and developed acreage with commercial buildings, zoned C-1, Commercial Professional and General Office District and, designated Urban Commercial District, S.R. 29 and Jefferson Avenue Commercial Subdistrict on the TAMP Future Land Use Map. West: Undeveloped; zoned A, Agricultural Rural, Mobile Home Overlay; and, designated Urban Mixed Use District, High Residential Subdistrict on the TAMP Future Land Use Map. STAFF ANALYSIS: Appropriateness of Change If approved as submitted, this Growth Management Plan amendment will allow the development of a large format retailer (e.g. Wal-Mart) or any other development allowed in the C-1 through C-4 zoning districts. This development would be abutting lands designated on the FLUM for residential uses to the north and west, and commercial uses to the south and, east across S.R. 29. The suitability of the proposed Growth Management Plan amendment to accommodate the petitioner's request is to be established through an evaluation of relevant and appropriate data for population growth, commercial inventory, infrastructure development, and other considerations within the surrounding area, BACKGROUND— Immokalee Area Master Plan (TAMP): TAMP— 1991 to present The Board of County Commissioners adopted the Immokalee Area Master Plan (TAMP) in 1991. Subsequent to that date, the most significant changes to the Plan occurred with the Rural Lands Stewardship Area Overlay amendments in 2002 and the Evaluation and Appraisal Report in 2004. The Master Plan and corresponding Future Land Use Map (FLUM) provide the framework for development within the community. The TAMP restricts commercial uses and intensity to specific Subdistricts and existing commercially zoned lands within the Immokalee Urban area. Relevant to the subject petition, the TAMP Neighborhood Center Subdistrict and the S.R. 29 and Jefferson Avenue Commercial Subdistrict allow the following commercial uses and land use intensities. (Refer to the existing TAMP FLUM on page 6 for the portion of the subject site (19.07 ac.) located within the Neighborhood Center and the location of the S.R. 29 &Jefferson Ave. Commercial Subdistrict.) • Neighborhood Center Subdistrict The purpose of this land use classification is to provide for centers of activity that serve the needs of the surrounding neighborhoods. The centers should contain a mix of neighborhood oriented uses such as day care center, parks, schools, and governmental activities. Other development criteria that shall apply to all neighborhood centers includes the following: a. To achieve a neighborhood character, these centers are encouraged to be anchored by elementary schools, neighborhood scale parks, and/or churches. b. A center should be limited to 80-120 acres in size, and will serve a population ranging between 5,000 to 7,500 people, or accommodate a service area of one (1) mile radius. c. The Neighborhood Centers should be no closer than one (1) mile. d. Non-residential uses shall be at least 20% of the size of the Neighborhood Center. e. Residential development within the designated Neighborhoods Centers shall permit a maximum density of twelve (12) units per gross acre. Residential dwelling units shall be limited to multi-family structures and less intensive units such as single-family and duplexes provided they are compatible with the district. Mobile home developments shall be permitted only in the form of mobile home subdivisions or parks as defined in the Land Development Code. -4- • Packet Page-1696- 3/10/2015 17.B. CP-2013-8, SR 29 and Jefferson Avenue Commercial Subdistrict Expansion Agenda Item 4.A. f. Commercial development shall be permitted within a Neighborhood Center provided all of the following criteria are met; 1. Commercial uses shall be limited to barber and beauty shops; drug stores; deli; meat market; bicycle services; restaurant; dry cleaning; veterinary clinics; medical offices; laundry facilities; any other convenience commercial uses which is compatible in nature with the foregoing uses. The Collier County School Board will be notified of any proposed use to avoid conflict with the nearby schools; and 2. No commercial use shall be permitted within a % mile of an existing school property line within a Neighborhood Center; and 3. Access to the commercial development must in no way conflict with the school traffic in the area; and 4. The design of any proposed commercial development must take into consideration the safety of the school children; and 5. The projects within the Neighborhood Centers shall encourage provisions for shared parking arrangements with adjoining developments; and 6. Driveways and curb cuts shall be consolidated with adjoining developments; and 7. Projects directly abutting residentially zoned property shall provide, at a minimum, a 50 foot setback and landscape buffer; and 8. Projects shall provide a 10 foot wide landscaped strip between the abutting right-of-way and the off-street parking area. From time to time new Neighborhood Centers may be proposed. No two centers may be closer than one mile from each other. New Neighborhood Centers would require market justification and must meet size, spacing and use criteria expressed earlier. • Commercial Subdistrict—S.R. 29 and Jefferson Avenue The purpose of this Subdistrict is to provide for retail and office uses, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. Commercial uses allowed within the Subdistrict are generally similar to the C-1 through C-4 Commercial Zoning Districts, as identified in the Collier County Land Development Code. These commercial uses must be located on a major arterial or collector roadway. A. The development criteria contained in Section 2.03.07.G.1 of the Collier County Land Development Code must be met for future development within the Commercial Subdistrict along SR-29, as identified on Zoning Maps: 6932N; 6932S; 6933N; 6933S; 7904N; and 7905N. B. The development criteria contained in Section 2.03.07.G.2 of the Collier County Land Development Code must be met for future development within the Commercial Subdistrict along Jefferson Avenue as identified on Zoning Map 6933S. Non-commercial Uses In addition to those mixed-uses permitted within the commercial designations, uses such as parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day-care centers and those essential services as defined in the Land Development Code. -5- Packet Page -1697- 3/10/2015 17.B. CP-2013-8, SR 29 and Jefferson Avenue Commercial Subdistrict Expansion Agenda Item 4.A. Existing TAMP Future Land Use Map R2BE I REBE I R30E IMMOKALEE FUTURE LAND USE MAP .-- \ , I= . �• ', ,—y , , Neighborhood''Center(19.07 ac.ct the 24.99 ac..subject H i 1 '- - I site) . . . v 114 S.A.29 & efferson Ave. . s WNiiiP Z v fnerti-r Subdistrict ari:normaimai.r.„:11,....440 44044, 11 . • 4-- 7 4 ' &Joffe �n Ave. rson Ave �.�. .illt,, � .. marciai ,11..r. .pro» r 1 f _ �� i� o,L#ft' ��qi M � rawM �,, pq X ` ,..... Bar .....� NOM ME WNW cnr.eine . _ Doss F , 0.-.---- � 1 . n *M ¢x cri uuo n onalo r[nau swam nr so •�•••.• —— —= WU. V w ru.ww-IMAM TAMP — Immokalee Restudy Committee and Immokalee Area Master Plan and Visioning Committee ', In 2003, as part of the Evaluation and Appraisal Report, the Board of County Commissioners (BCC) established the Immokalee Area Master Plan Restudy Committee to assist staff with preparing amendments to the TAMP. During this process, the Restudy Committee determined that a more in depth study of the Master Plan was needed: As a result, the Board sunsetted the Restudy Committee and established the Immokalee Area Master Plan and Visioning Committee (IMPVC). The IMPVC worked with County staff, consultants and the community to evaluate the vision and needs of the community, such as identifying appropriate areas to locate and/or expand commercial development. The IMPVC recommendations to the BCC included provisions for commercial opportunities within the Urban area. Relevant to this petition, the IMPVC and staff recommended to re-designate a portion of the subject site (Neighborhood Center acreage) to Commercial Mixed Use District (CMU), which would have allowed C-1 through C-4 development on the subject site, including a large format retailer, had the IMPVC amendments to the LAMP been adopted by the Board in 2012. (Refer to the proposed TAMP FLUM on page 7 for the location of the subject site (±19.07 acres) currently within the Neighborhood Center proposed for re-designation to CMU.) - 6- • Packet Page-1698- 3/10/2015 17.B. CP-2013-8, SR 29 and Jefferson Avenue Commercial Subdistrict Expansion Agenda Item 4.A. Proposed TAMP Future Land Use Map ATTACHMENT TO EAMIUT"A" P£7911014 CP-200BS PROPOSED FwM MAP 1MMOKALEE FUTURE LAND USE MAP L. u I Commerce i Mixed Use Su (19.07 a the 24.99 sub 211116 - fir i77.- loft:. _' r. 3 'g, w S'SS Lit :„:'t 11111111k Leonid oreu,Aaeros u MUM y Lk '40 YwYw Frlse Uwe ? ' p E R� 0 x 1 MO �.l4EY ..D.6,.I.a�TifMm MM oar Wale far(3.41110.1.IM To determine the appropriateness of the proposed Growth Management Plan amendment to allow C-1 through C-4 development on the project site, including a large format retailer (e.g. Wal-Mart) at an intensity of 162,000 square feet, staff reviewed the Neighborhood Information Meeting minutes and other submittal documents, including the Commercial Needs Analysis, Economic and Fiscal Benefits analysis, and various studies for consistency and compliance with applicable provisions of Section 163.3177(6)(a)2. a-j, F.S. (below). Staff's analysis of the submittal documents, etc. is further below. Section 163.3177(6) (a) 2. a-i, F.S. 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. - 7- Packet Page -1699- 3/10/2015 17.B. CP-2013-8, SR 29 and Jefferson Avenue Commercial Subdistrict Expansion Agenda Item 4.A. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. j. The need to modify land uses and development patterns within antiquated subdivisions. Justification, Commercial Analysis, Economic and Fiscal Benefits, Community Desires and Compatibility: • Justification The justification identified within the applicant's Commercial Needs Analysis for the proposed development, is that: (1) community serving commercial square feet is needed within the Immokalee Planning Community; (2) there is no suitable supply of commercial acreage to accommodate a large format retail center (e.g. Wal-Mart); and, (3) there are economic and fiscal benefits to the community resulting from the proposed commercial development. • Commercial Analysis Generally, commercial development within a community can be categorized as strip-commercial development, neighborhood commercial, community commercial, regional commercial, etc. Based on specific studies and/or demographic data for an area, such as population, income, household size, percentage of income spent on retail goods, etc., an analyst can estimate supportable commercial square feet for various lines of goods and services for that geography by shopping center type. Relevant to the subject petition, the proposed large format retailer is categorized as community commercial. The firm of Fishkind and Associates, Inc. conducted a Commercial Needs Analysis identifying the market conditions within the Immokalee Planning Community. This analysis provided an overall context for assessing the community commercial needs for the existing and projected population within the lmmokalee Planning Community. The applicant's Commercial Needs Analysis identifies that there is zero square feet of community commercial supply within the Immokalee Urban Area. The Commercial square feet demand findings from the study are as follows: Table 1: Community Commercial Square Feet Analysis Population 25,165 26,243 27,243 Households 6,291 6,561 6,811 Total Household Income for Community Commercial $116,727,175 $134,397,765 $154,040,321 Total Community Commercial Sq. Ft. Demand 216,351 249,103 285,510 Market Factor 1.25 1.25 1.25 *Adjusted Community Commercial Sq. Ft. Demand 270,439 311,379 356,888 **Community Commercial Sq. Ft. Supply 0 0 0 * figures have been adjusted to reflect a 1.25 market factor to allow for market flexibility(125%of market demand) ** figure is based on existing community serving commercial square feet within the Immokalee Urban area Based on the data submitted by the applicant, Table 1 above identifies the community commercial square feet demand that can be supported by the area's population projected for 2015 (216,351 sq. ft.), 2020 (249,103 sq. ft.), and 2025 (285,510 sq. ft.). To allow for flexibility within the market, the application of a 1.25 market factor yields supportable community square feet of 270,439 in 2015, and 311,379 in 2020 and 356,888 in 2025. -8- Packet Page 4700- 3/10/2015 17.B. CP-2013-8, SR 29 and Jefferson Avenue Commercial Subdistrict Expansion Agenda Item 4.A. Table 2 below identifies the projected demand allocation of community commercial square feet needed by type, as provided within the applicant's analysis. Based on these square feet estimates, the retailer will need to adjust their commercial square feet for the proposed project so as to avoid the potential oversupply of any one type of commercial line of goods and services within the market area. Table 2: Community Commercial Square Feet Allocations Based On Demand Figures hh mR{; ,raa ,�','r4 a' kaki-"F'Y°" .%£ ..it 7`v `i,: ,. ;. _. G ,-.., -u,+yea+ •: ,;�, ..-.. General Merchandise 7,211 8,303 9,517 Food 31,395 36,148 41,431 Food Service 18,810 21,657 24,823 Clothing and Accessories 2,268 2,611 2,993 Shoes 265 305 350 Home Furnishings 16,738 19,272 22,089 Home Appliances/Music 3,210 3,696 4,236 Building Material/Hardware 33,319 38,363 43,970 Automotive 79,714 91,781 105,195 Hobby/Special interest With Gift/Specialty Gift/Specialty 3,544 4,080 4,676 Jewelry 73 84 96 Liquor With Food Service Drugs 1,162 1,338 1,533 Other Retail 1,641 1,889 2,165 Personal Servicers 1,966 2,263 2,594 Entertainment 15,036 17,313 19,843 Total Commercial Demand 216,351 249,103 285,510 Market Factor 1.25 1.25 1.25 Total Commercial Demand adjusted by Market Factor 270.439 311.379 356.888 Data and Analysis: Household figures: The occupied housing figure from the 2010 Census for the Immokalee Census Designated Place is 5,795. Based on the applicant's analysis, the number of households increased from 2010 to 2015 by 8.6%, from 2015 to 2020 by 4.3%, and 2020 to 2025 by 3.8%. Income figures: The median (50% point in the data) household income figure from the 2010 Census for the Immokalee Census Designated Place is $21,322 and the mean (average) household figure is $31,791. The applicant used the 2010 Census mean figure to calculate household income because it correlates to the percentage of retail household expenditure. The applicant applied an annual increase of 2% to the household income figures after 2010. Existing Area Businesses: The applicant did not provide (though requested by staff) a detailed analysis of the area businesses' sales data, employment figures, and the lines of goods and/or services offered by those businesses that may directly compete with the proposed large format retailer. The applicant did, however, provide a generalized analysis of the potential impacts that a large format retailer may have on "mom and pop" businesses, national chains and regional chains within Immokalee. - 9- Packet Page-1701- 3/10/2015 17.B. CP-2013-8, SR 29 and Jefferson Avenue Commercial Subdistrict Expansion Agenda Item 4.A. Other Considerations—Wal-Mart Studies: There have been various studies published that describe both the positive and negative impacts resulting from a Wal-Mart entering the market. It appears from the studies submitted with this application that existing businesses offering overlapping lines of goods and services with those offered at the large format retailer may be most affected, depending on their adaptability in the market. However, existing and future businesses within the area that offer services or products that do not directly compete with the proposed retailer's lines of goods and services have the potential to experience improved sales due in part to increased consumer traffic that the proposed retailer brings to, or captures from within, the community. Staff Assessment: (1) Based on the data submitted with this petition it is unknown the number of existing businesses within the lmmokalee community that will compete directly with or offer overlapping goods and services with those offered at the proposed large format retailer. (2) Area businesses with overlapping lines of goods and services with those offered at the proposed large format retailer may potentially experience an increase or decrease in sales, depending on how these existing businesses are able to respond or adapt to the proposed retailer entering the market(e.g. match prices, offer superior service, etc.). [Refer to the document titled, "How Local Merchants Can Compete"located with the applicant's Commercial Needs Analysis.] (3) Impacts from excess overlapping goods and services entering the market may result in the proposed large format retailer capturing more consumers within the existing market; that is diverting consumers from existing competing businesses. (4) The existing businesses'ability to compete with the proposed large format retailer's price points on like goods and services may affect their viability. (5) The large format retailer may have the effect of pulling more consumers into the area and/or capture consumers living within the area but shopping outside the area. (6) The large format retailer has the potential to increase demand for certain non-competing businesses, e.g. restaurant. (7) The large format retailer has the potential to benefit consumers by offering lower prices, the convenience of one-stop shopping, and more shopping options. • Economic and Fiscal Benefits Job Creation:Job creation brings direct and indirect social and economic benefits for those employed and the community as a whole. • Based on the applicant's estimates, the proposed large format retailer (e.g. Wal-Mart) has the potential to generate 83 construction jobs, including 11 indirect jobs (jobs created when the proposed business buys goods and services from local firms) and 19 induced jobs (jobs created when employees from the proposed development spend a portion of their wages on locally produced goods and services), with a total labor income of over $6.2 million during the construction phase of the project. Salary ranges of these employees were not provided.Additionally, the project will generate $7.3 million in value added dollars to the economy and generate an economic output of$12.8 million during the construction phase. Based on the applicant's estimates, once built out, the proposed retailer will generate 361 total jobs of which 300 will be full time equivalent, 22 indirect jobs and 39 induced jobs, with a total labor income of $12.3 million at the build-out stage of development. Salary ranges of these employees were not provided. Additionally, the project will generate $20.6 million in value added dollars to the economy and generate an economic output of $27 million annually once the proposed project is up and running. - 10- Packet Page 1702 Y +y..pjr +a 5 c.k r,�;' t. .e,:'. e a.. ,a. „ .,._. n .',, r,:, . '7 ...-. ` i .,a .,. ,.de„i. y,.• •.'a., , -M,; di �. 3/10/2015 17.B. CP-2013-8, SR 29 and Jefferson Avenue Commercial Subdistrict Expansion Agenda Item 4.A. Staff Assessment: (1) Existing area businesses that directly compete with the proposed large format retailer— exact number is unknown—may experience a decline in sales due to the diverting of those sales to the proposed large format retailer; in turn, this may require an employer to reduce jobs or in case of a business closure, eliminate all jobs. (2) Non-competing businesses, such as a restaurant, recreational attraction or niche retailer, may add jobs within the community in response to increased consumer traffic directly related to the proposed large format retailer's presence in the community. (3) It is unknown at this time if the jobs that are to be created by the proposed large format retailer will be a net gain or a net loss to the community. Taxes and Tax Increment Financing (TIF) District: TIF realizes the incremental increase in property tax revenues resulting from development. Those dollars are then used to finance improvements needed to support and encourage new development and/or redevelopment. Eligible activities for TIF include, but are not limited to, the acquisition of land and improvements, relocation of displaced residents, demolition of deteriorated structures, site preparation, infrastructure improvements, etc. Based on the applicant's calculations, the proposed commercial development has the potential to increase TIF by approximately 2.25% or$37,462.82 annually. Based on the applicant's calculations, the proposed project has the potential to increase the ad valorem taxes in Immokalee by $38,223 annually, and could also generate an additional $6,413 in 1/2 cent sales tax revenues annually. Impact Fees: Generally, new developments are required to pay impact fees for the purpose of providing new or expanded public capital facilities needed to serve that new development. Impact fees are calculated based on the type and size of the proposed development and are used to finance improvements offsite, but to the benefit of the development. Relevant to this subject petition, the submittal did not include an analysis of the Impact Fees to be paid by the proposed project. However, the Agent representing the property owner informed the public at their Neighborhood Information Meeting (NIM) that the project would be required to pay impact fees (refer to page 27 of the NIM transcript). Staff assumes this to mean that all impact fees will be paid, that no waivers will be sought. • Community Desires lmmokalee Area Master Plan & Visioning Committee (IMPVC): The IMPVC spent years working with the community, consultants, Community Redevelopment Agency (CRA) Advisory Board members and staff to establish a community-wide vision to address the needs of the lmmokalee area. Subsequently, the IMPVC in coordination with the CRA Advisory Board staff and their consultant prepared amendments to the TAMP to implement the community's vision, which included new and expanded commercial opportunities throughout the Urban area. Data and analysis for these amendments were supported with various studies, including a commercial needs analysis and economic analysis, which concluded that additional commercial acreage was needed to support future population growth within the community. Relevant to the subject petition, an area recommended for commercial intensification and expansion included the±19.07 acres of the subject +24.99 project site designated as Neighborhood Center. - 11 - Packet Page-1703- 3/10/2015 17.B. CP-2013-8, SR 29 and Jefferson Avenue Commercial Subdistrict Expansion Agenda Item 4.A. Neighborhood Information Meeting(NIM):Approximately 400—500 people attended the NIM held by the applicant on January 13, 2014 for the subject petition. Based on comments from the public present, such as the need for jobs, need for additional shopping options, etc. and a "show of hands" in favor of the project, County staff can report that the majority of those present at this meeting indicated they were in support of the Applicant's proposal as a large format retailer. lmmokalee Community Redevelopment Agency(CRA)Advisory Board: Generally, the purpose of the CRA Advisory Board is to ensure that the interests of residents, property owners, businesses and other stakeholders are represented in key decisions relating to the Community Redevelopment Plan and budget for their area. The Advisory Board members provide input and make recommendations to Community Redevelopment Agency Board concerning their Community Redevelopment area. The CRA Advisory Board met on March 19, 2014 to discuss the proposed Growth Management Plan amendment, and voted unanimously (7-0, 3 members were absent) to support the petition. A second motion was made and supported unanimously to send a letter to the Collier County Planning Commission to voice concerns about roadway traffic congestion resulting from the petition. • Compatibility Site Design: The subject lmmokalee Area Master Plan amendment exempts development on the subject site from the architectural and site design standards of Land Development Code (LDC) Section 5.05.08, and the sign standards of LDC Section 5.06.00; and provides that architectural, site design and sign standards be established through the rezoning of the subject site. As a result, the compatibility of the proposed large format retail development with its surrounding land uses will need to be addressed in the consideration of the companion Planned Unit Development (PUD) request. The applicant has not provided justification with this petition for these requested exemptions. Suitability of the Property for Change:Approximately±19.07 acres of the subject property is currently designated Neighborhood Center and allows for limited neighborhood commercial development. The remaining ±5.92 acres outside of the Neighborhood Center are designated high and low residential. The proposed lmmokalee Master Plan amendments would have changed the designation on that acreage to Commercial Mixed Use Subdistrict, which would have allowed the same uses as the proposed Subdistrict. As noted below, there are no public facilities impact concerns and no environmental concerns. The site can accommodate the proposed development and adequately buffer from adjacent properties. Environmental Impacts: The subject property is partially vegetated with native vegetation. Pursuant to Policy 6.1.1. of the Conservation and Coastal Management Element (CCME), the proposed commercial project shall be required to retain fifteen percent of the native vegetation on site. According to aerials available on the Property Appraisers website, much of the subject property was cleared prior to 1985 for pasture. The areas cleared for agricultural purposes prior to the adoption of Ordinance No. 76-42 are exempt from agricultural clearing permit requirements and native vegetation retention requirements of CCME Policy 6.1.1. Documentation of when the property was cleared shall be required as part of the rezoning submittal for the subject site. A listed species survey was conducted on June 12, 2013 by the environmental consultant for the project and no listed species or signs of listed species were observed during the survey. Given the disturbed nature and location of the site, it is unlikely that listed species would occur on the property. The subject property is located outside County well field protection zones. - 12- Packet Page 3/10/2015 17.B. CP-2013-8, SR 29 and Jefferson Avenue Commercial Subdistrict Expansion Agenda Item 4.A. The proposed amendment will have no effect on the requirements of the Conservation and Coastal Management Element. Historical and Archaeological Impacts: The project shall be subject to the accidental discovery of archaeological or historical sites, as required by Policy 11.1.3. of the Conservation and Coastal Management Element and Section 2.03.07 E of the Land Development Code. Public Facilities Impacts: The petitioner prepared public facilities calculations, which were submitted with this petition and are summarized below. • Potable Water: The subject property is located within the Immokalee Water and Sewer District (IWSD). The analysis indicates that the IWSD has a current estimated existing plant capacity of approximately 52 mgd and the proposed project demand of 36,450 gpd demand for the estimated 162,000 sq. ft. of community commercial land uses can be accommodated by the IWSD. • Sanitary Sewer: The subject property is located within the Immokalee Water and Sewer District (IWSD). The proposed project will create a demand of approximately 31,590 gpd on the system, which according to the applicant can be accommodated by the Utility. • Solid Waste: The project will be served by Collier County Solid Waste Management. The project is expected to generate waste at a rate of approximately 92.25 tons/year, approximately 35.47 tons/year less than the development of single family and neighborhood commercial uses allowed by right on the existing site. According to the applicant, there is sufficient capacity to accommodate the project. • Drainage: The proposed project will be required to comply with the SFWMD and County rules and regulations that assure controlled accommodation of storm water events by both on-site and off-site improvements. • Transportation: The roadway network adjacent to the subject site has sufficient capacity to accommodate the subject project within the 5-year planning period, and the conceptual site design is consistent with the Long Range Transportation Plan. Accordingly, the project can be deemed consistent with Objective 3 and Policy 5.1 of the Transportation Element of the Growth Management Plan. • Schools, Libraries, Parks and Recreational Facilities: The application does not propose an increase in residential density; therefore, no additional demand for services is anticipated. • EMS, Fire, and Police: The subject project is located within the Immokalee Fire Control District, Station 31. Fire and EMS services are located at 502 East New Market Road and 1107 Carson Road; and, the sheriff substation is located at 112 South 1St Street. - 13- Packet Page-1705- 3/10/2015 17.B. CP-2013-8, SR 29 and Jefferson Avenue Commercial Subdistrict Expansion Agenda Item 4.A. NEIGHBORHOOD INFORMATION MEETING (NIM)SYNOPSIS: The Neighborhood Information Meeting (NIM) required by Land Development Code Section 10.03.05 F was [duly advertised, noticed and] held on January 13, 2014, at the Southwest Florida Works Building, located at 750 South Fifth Street. Approximately 400+ people other than the applicant's team and County staff attended the NIM. Please refer to the NIM transcript immediately following this Staff Report for specific details of the meeting. FINDINGS AND CONCLUSIONS: The following are findings and conclusions as a result of the review and evaluation of this GMPA request: • As a result of this amendment, there are no significant impacts to public facilities, as defined in the Capital Improvement Element, with respect to Transportation, Potable Water, Sanitary Sewer, Drainage and Solid Waste facilities. • Approximately 19.07 acres of the total project acreage is presently designated to accommodate lower intensity commercial zoning. • There is a demand for the proposed 162,000 square feet of community commercial development to serve existing and future populations, and there are no existing suitable sites to accommodate the proposed project in the Immokalee Planning Community. • The large format retailer has the potential to benefit consumers by offering lower prices, the convenience of one-stop shopping, and more shopping options. • The project has the potential to capture consumer demand for community commercial presently being met outside of the community. • Non-competing businesses may add jobs within the community in response to increased consumer traffic directly related to the proposed large format retailer's presence in the community. • The project has the potential to generate 300 full time equivalent jobs within the community. • The project has the potential to generate an economic output of $27 million annually once retail operations begin. • The project has the potential to increase the CRA's TIF by approximately 2.25% annually. • The petition was unanimously supported by the CRA Advisory Board. • At the Neighborhood Information Meeting there were no speakers opposed to the proposal and a "show of hands" indicated significant support for the petition. • Area businesses with overlapping lines of goods and services with those offered at the proposed large format retailer may potentially experience an increase or decrease in sales, depending on how these businesses are able to respond or adapt to the proposed retailer entering the market. • Impacts from excess overlapping goods and services entering the market may result in the proposed large format retailer capturing more consumers within the existing market; that is diverting consumers from existing competing businesses. • Existing area businesses that directly compete with the proposed large format retailer may experience a decline in sales due to the diverting of those sales to the proposed large format retailer; in turn, requiring an employer to reduce jobs or in case of a business closure, eliminate all jobs. LEGAL CONSIDERATIONS: This Staff Report has been reviewed by the County Attorney's Office on April 22, 2014 [HFAC] - 14- Packet Page -1706- ka 3/10/2015 17.B. CP-2013-8, SR 29 and Jefferson Avenue Commercial Subdistrict Expansion Agenda Item 4.A. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP-2013-8 to the Board of County Commissioners with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity, subject to the following changes below. C. = --_-- _-- T - •ortion of this subdistrict located at the W northwest •uadrant of the intersection of Westclox Street and S.R. 29. •u•ri in• •r• im- -I r- ZeRioci—Moia.-68ag 46-044604000061=t0 shall be rezoned in the form of a Planned Unit Development (PUD) and shall be limited to a maximum of 162,000 square feet of gross leasable floor area of commercial uses. The PUD shall include an appropriate list of commercial land uses a+ai designed to serve the aommereiai needs of the Immokalee G community, and shall include -_••r••i- e •-v-I.•men - •-r.s. - _ - .--- _ ---__-- - - - - -- -- ' --- - - - - - - la 14 VW k 641 6464)01=1408fit. PREPARED BY: i °�' DATE: 41-/-/. /4( • ele R. M.:4 AIC9incipal Planner „/r' Comprehe,e ve Planning Section Planning and Zoning Department ,(� DATE: - /a- P-1 REVIEWED BY: " . `. David Weeks,AICP, GMP Manager Comprehensive Planning Section Planning and Zoning Department REVIEWED BY: DATE: ( I S'- f`( Michael Bosi,AICP, Director Planning and Zoning Department Growth Management Division 7' APPROVED BYE ,� ' , �- DATE: , Nick Casalarguida,Administrator Growth Management Division PETITION NO. CP-2013-8 NOTE: This petition has been scheduled for the June 24, 2014 BCC Meeting. - 15- Packet Page -1707- 3/10/2015 17.B. 1 2 TRANSCRIPT OF THE 3 NEIGHBORHOOD INFORMATION MEETING 4 FOR SR29 CPUD AND IMMOKALEE MASTER PLAN 5 J 6 7 c 9 10 Appearances: 11 RICHARD YOVANOVICH, ESQ. 12 WAYNE ARNOLD 13 DAVID GENSON 14 JIM BANKS 15 RUSS WEYER 16 MICHELE MOSCA 17 KAY DESELEM 18 JIM FLANAGAN 19 20 21 22 23 24 25 Packet Page-1708- 3/10/2015 17.B. 2 1 MR. YOVANOVICH: Are we going to need to use a 2 Spanish interpreter this evening? Do all of you 3 understand English and will there be any problems 4 with my doing the presentation in English? We can 5 answer any questions later in Spanish, but if we 6 need to do it where I talk for awhile and then we 7 interpret what I'm saying, we're happy to do that, 8 but if people can let know, generally, if that's 9 the way I need to do it or I should just go and do 10 the presentation. 11 So I'm just going to ask you, if you need me 12 to do the presentation where I speak a little bit 13 and then have the interpreter interpret, just go 14 ahead and raise your hand and let me get an idea of 15 how many people would like me to do it that way. 16 UNIDENTIFIED MALE VOICE: Check with the 17 Haitian (indiscernible) . 18 MR. YOVANOVICH: I don't have -- we could not 19 find (indiscernible) . 20 (Indiscernible. Multiple people speaking. ) 21 UNIDENTIFIED MALE VOICE: Yeah, we're going to 22 need a Spanish interpreter. 23 MR. YOVANOVICH: All right. Okay. And 24 (indiscernible) . 25 UNIDENTIFIED MALE VOICE: And Creole also. Packet Page-1709- 3/10/2015 17.B. 3 1 (Indiscernible. Multiple people speaking. ) 2 MR. YOVANOVICH: All right. We also have the 3 ability to interpret in Creole. Are we going to 4 need to do that? 5 MULTIPLE SPEAKERS: Yes. 6 MR. YOVANOVICH: Okay. All right. Well, 7 that' s what we'll do, and bear with us, because 8 it's probably going to take a little bit longer, 9 but we want to make sure we get the information out • 10 to everybody. And we only have this one microphone 11 tc project. So we're going to have to share the 12 microphone between me and the two interpreters. 13 And also, again, I really have to emphasize, I 14 really need you all to -- that's a perfect level 15 background noise. If we can keep it, keep it to 16 that, that would be appreciated. 17 We are trying to set up as well a video or we 18 want to project some of the exhibits on the screen, 19 if we can. So give us a second to get that set up 20 and then we'll go ahead and go forward with the 21 presentation this evening. 22 I assume, I feel like I'm a little bit on an 23 airplane, but I assume everybody is here for the 24 presentation of the, basically, 25-acre piece of 25 property at the corner of 29, the Westclox -- Packet Page-1710- . 1 t 'C � r k. 3/10/2015 17.B. 4 1 UNIDENTIFIED MALE VOICE: Hold up. 2 MR. YOVANOVICH: Well, let me finish that. 3 Let me finish. 4 UNIDENTIFIED MALE VOICE: (Indiscernible) 5 remember too much. 6 MR. YOVANOVICH: He can remember that we're 7 all here for that -- for the large foLniat retail on 8 the corner of Westclox and State Road 29; is that 9 correct? If you're not here, you're in the wrong 10 place. 11 (Interpretation. ) 12 MR. YOVANOVICH: A couple of other -- a couple 13 of other housekeeping details before Brad gives me 14 the signal that he's set up. 15 We will be doing a presentation about what 16 we're doing and we will be taking questions from 17 everybody, but I would like you to let us do our 18 presentation first and then we'll open it up for 19 questions and comments. 20 (Interpretation. ) 21 MR. YOVANOVICH: Another thing, there will be 22 -- the purpose of tonight's meeting is basically to 23 tell you about the project and get feedback from 24 the community, both positive and negative. There 25 are going to be people here, I'm sure, who are in Packet Page-1711- 3/10/2015 17.B. 5 1 favor of the project, and there are going to be 2 people who are possibly opposed to the project. 3 We need to respect everybody's position, so I 4 would ask you not to clap for anybody and not to 5 make any negative comments about anybody so we can 6 go ahead and keep this moving. 7 (Interpretation. ) 8 MR. YOVANOVICH: Okay. While Brad is picking 9 up a -- or pulling up an aerial that will show you 10 where the property is located, I want to introduce 11 a few people who are here with me tonight that can 12 answer any questions that I am not be able to 13 answer. 14 We have Dave Genson with Barron Collier 15 Companies. He represents the property owner in 16 this matter. 17 We have Jim Banks, who's our transportation 18 consultant. 19 (Interpretation) . 20 MR. YOVANOVICH: And at this table over here 21 is Sharon Umpenhour. She is keeping the minutes 22 and recording. So please, when you speak, speak up 23 if you can. We'll have a microphone for people to 24 speak if they want to. 25 We have Wayne Arnold with GradyMinor • Packet Page-1712- 3/10/2015 17.B. 6 1 Associates. He's the land planner for this 2 petition. 3 (Interpretation. ) 4 MR. YOVANOVICH: And the final person here who 5 can answer any questions is Russ Weyer with 6 Fishkind and Associates. He is our economist and 7 has done the economic analysis of the project. 8 (Interpretation. ) 9 MR. YOVANOVICH: I'm going to go ahead and get 10 started while we try to get a visual that we can go 11 ahead and pull up onto the screen. 12 What we're here to talk about tonight are two 13 public petitions that are making their way through 14 the process with Collier County. And the two 15 public petitions are, first, a growth management 16 plan amendment and, second, a rezone to PUD. 17 (Interpretation. ) 18 MR. YOVANOVICH: The purpose of tonight's 19 meeting is -- it's called a neighborhood 20 information meeting, and it's one of the first 21 steps we take after we submit our petition and get 22 our first round of comments from county staff 23 regarding the two petitions that we've submitted. 24 (Interpretation. ) 25 MR. YOVANOVICH: After we do this neighborhood Packet Page-1713- 3/10/2015 17.B. 7 1 information meeting, we'll go ahead and respond 2 back to county staff, and with -- here tonight are at least -- well, there's three members of county 4 staff that I can see. 5 We have Michele Mosca, who is here from county 6 staff. She is processing the growth management 7 amendment. 8 And Kay Deselem behind her is processing the 9 PUD rezone. 10 (Interpretation. ) 11 MR. YOVANOVICH: After we get done with the 12 neighborhood information meeting, we will go to the 13 Collier County Planning Commission for a hearing to 14 transmit the comp. plan amendment to the state for 15 review, and then well go to the Board of County 16 Commissioners meeting for their hearing to transmit 17 the proposed comp. plan amendment to the state for 18 review. 19 (Interpretation. ) 20 MR. YOVANOVICH: After the state reviews our 21 petition, the petitioners will come back again and 22 will repeat the process for the growth management 23 plan amendment and go to the planning commission 24 for an adoption hearing and the Board of County 25 Commissioners for an adoption hearing for the comp. Packet Page-1714- ja 3/10/201517.B. 8 • 1 plan amendment. 2 (Interpretation. ) 3 MR. YOVANOVICH: At the same time, we will be 4 going through a first hearing to the Planning 5 Commission for our rezone petition to actually 6 allow the uses that we want on the property, and 7 then after we go to the Planning Commission, we'll • 8 go to the Board of County Commissioners for 9 approval of the rezone of the property for the uses 10 that we want to put on the property. 11 (Interpretation. ) 12 MR. YOVANOVICH: It's a very long process that 13 we go through, with a lot of public input, and 14 you'll be notified of every one of those meetings I 15 just talked about, and you're welcome to attend 16 those hearings and voice your opinion or you can 17 write to your Planning Commissioners, your County 18 Commissioners to voice your opinion. 19 (Interpretation. ) 20 MR. YOVANOVICH: Up on the screen is the 21 actual property that we're here to talk about and 22 it's roughly this 25-acre piece right here that's 23 on the corner of 29 and Westclox. 24 (Interpretation.) 25 MR. YOVANOVICH: The -- the allowed uses on Packet Page-1715- 3/10/2015 17.B. q 1 the property today under the comprehensive plan 2 already allow for some retail-type uses. However, 3 it does not allow for the large format retailer 4 that we would like to place on the property. So we 5 have to go through this process to get the property 6 approved for a large format retailer. 7 (Interpretation. ) 8 MR. YOVANOVICH: As we go through this 9 process, we're basically asking for up to 162,000 10 square feet of retail uses on the property. 11 (Interpretation. ) 12 MR. YOVANOVICH: As we've been going through 13 this process and receiving both information from 14 the State Department of Transportation and from the 15 community, we're aware of, I would say, two primary 16 concerns that we've heard going through this 17 process. 18 (Interpretation. ) 19 MR. YOVANOVICH: One of the concerns that 20 we've heard is the concern about traffic on this 21 road, and in particular the intersection right here 22 and the need for a -- I'm sorry -- a need for, 23 basically, a traffic signal and pedestrian crossing 24 improvements, and our traffic analysis indicates 25 that (indiscernible) will -- will trip FDOT's Packet Page-1716- 3/10/2015 17.B. 10 • 1 ability to put a traffic signal and new pedestrian 2 improvements at this intersection, which we will 3 pay our proportionate share of those improvements. 4 (Interpretation. ) 5 MR. YOVANOVICH: In preparing our traffic 6 analysis, there's some confusion that people have. 7 The report is dated in June of this year. However, 8 the traffic counts that we use are actually from 9 the peak month and peak hour that we're supposed to 10 use for our traffic analysis. So don't get 11 confused if you see a June date on that report. 12 We're not using June traffic numbers. 13 (Interpretation.) 14 MR. YOVANOVICH: Another concern that we heard 15 from people in the community is how is a large 16 format retailer going to impact your local 17 businesses. 18 (Interpretation.) 19 MR. YOVANOVICH: What we're confident about is 20 that the large format retailer is not going to 21 compete with your smaller specialty-type businesses 22 that are within this community. They simply don't 23 provide those types of merchandise in the store. 24 So we do not see that as a competition for your 25 local small businesses. . Packet Page-1717- 3/10/2015 17.B. • 11 1 (Interpretation. ) 2 MR. YOVANOVICH: We do think that there will 3 probably be some healthy competition for some of 4 your more regional or national businesses that 5 already exist in your community. 6 (Interpretation. ) 7 MR. YOVANOVICH: And the person who's doing 8 the recording says she can hear a little bit of 9 mumbling, so if we can try to keep the background 10 noise down, I'd appreciate it. 11 As I mentioned, there will be some healthy 12 competition for your, probably your more regional, 13 like your Winn Dixie and other businesses like 14 that. And we think that, you know, competition is 15 good and it's healthy. And in other communities, 16 those businesses have adjusted and have done fine 17 with the competition from a large format retailer. 18 (Interpretation. ) 19 MR. YOVANOVICH: I would like to point out 20 some of the -- what we see as economic benefits of 21 this proposed project in your community. 22 First, we expect to create about 300 permanent 23 jobs when the business is actually up and 24 operating. 25 (Interpretation. ) Packet Page-1718- 3/10/2015 17.B. 12 1 MR. YOVANOVICH: Those numbers don't include 2 the construction-related jobs that will be 3 necessary to actually build the project. 4 (Interpretation. ) 5 MR. YOVANOVICH: I would expect that this 6 project will result in many millions of dollars 7 being spent, obviously, in the community, that is 8 currently being spent in other communities. So it 9 provides an opportunity for the money to stay, 10 basically, here and be spent in Collier County and 11 specifically in Immokalee. 12 (Interpretation. ) 13 MR. YOVANOVICH: I brought with me a proposed 14 master plan that I don't have -- that I could show 15 on the screen. So bear with me. I'll try to use 16 what's up on the screen. Wayne will show it to 17 you, but I'll try to walk you through the screen to 18 see it better. 19 (Interpretation. ) 20 MR. YOVANOVICH: As you can see up on the 21 screen and also on what Wayne just showed you, is 22 basically the access point off of 29 is going to be 23 in approximately this location. There is already 24 existing access. You see this here? It will line 25 up with the existing access on 29. Packet Page-1719- 3/10/2015 17.B. 13 1 (Interpretation. ) 2 MR. YOVANOVICH: For those of you who can see 3 up front, the gray area is where the actual 4 development will occur. The blue area is where the 5 water management for the project will be. 6 (Interpretation. ) 7 MR. YOVANOVICH: In addition to the access 8 that we have up here on 29, there will be two more 9 access points in about this location and about that 10 location on Westclox. 11 (Interpretation. ) 12 MR. YOVANOVICH: As one of the requirements of 13 doing this project, we'll also be required to 14 construct sidewalks along our road frontages here 15 and here, so you'll be able to walk to this 16 property as well. 17 (Interpretation. ) 18 MR. YOVANOVICH: And I'm told there's already 19 sidewalks in this area right here leading to the 20 property, as well as along this area as well. 21 (Interpretation. ) 22 MR. YOVANOVICH: That's a general overview of 23 what we're requesting for the property and the 24 process that we're going to be going through. 25 (Interpretation. ) Packet Page-1720- 3/10/2015 17.6. 14 1 MR. YOVANOVICH: What we'll do at this point 2 is we'll open the microphone up for people who have 3 questions regarding the petition or statements you 4 want to make. 5 If someone has already said what you wanted to 6 say, and that's okay, you don't have to repeat 7 yourself. There's a lot of people in this room. 8 So if we can keep your comments to, you know, a 9 couple of minutes per person, that would be 10 appreciated. 11 (Interpretation. ) 12 MR. YOVANOVICH: So since we only have one 13 microphone, this is it, I'm going to ask you, if 14 you want to speak, to kind of come up to the corner 15 of the room. We'll give you the microphone and you 16 can say what you got to say and we'll have the 17 interpreter interpret what you have to say. 18 (Interpretation. ) 19 MR. YOVANOVICH: And, again, it's tough, but 20 if we could try to keep the murmur down a little 21 bit, that would be appreciated. 22 (Interpretation. ) 23 MR. THOMAS: Good morning. (Indiscernible) 24 Ray Thomas. Ray Thomas. I've been here for a long 25 time. Packet Page-1721- • 3/10/2015 17.B. 15 This concept is not new because they've been 2 planning something like this cn the north end of 3 town over 25 years ago. 4 (Interpretation. ) 5 MR. THOMAS: On the south end of our town, the 6 casino is an anchor that brings a lot of strangers 7 in, some of them that walk up to Main Street just 8 to get a pinata or something like that. 9 (Interpretation. ) 10 MR. THOMAS: With this facility on the north 11 end of town, we'll be pulling people in from 12 Labelle, Lehigh Acres, going out on 846 East, 13 coming this way, to pick up stuff, buy stuff and 14 maybe go to the casino while they're here. 15 (Interpretation. ) 16 MR. THOMAS: And we have a lot of married 17 couples in here now. If you happen to live out in 18 Golden Gate or in Ave Maria, and the couple, one of 19 them wants to go to the casino, but the other one 20 wants to go up to the big box store to buy this, 21 that or the other, two things can happen at once. 22 Thank you. 23 (Interpretation. ) 24 MS. MARTINEZ: Hi. My name is Mary Martinez 25 (indiscernible) Gonzalez. A lot of people are Packet Page-1722- 3/10/201517.B. 16 1 probably here because they read my (indiscernible) , 2 but suggestion. Next time, you might want to use 3 the auditorium at the high school, because this is 4 just the people that heard about it 5 (indiscernible) . 6 But my question is you were saying that the 7 income will stay in Immokalee instead of like -- 8 well, I 'm just going to say it straight up, okay? 9 Most of -- most of the taxes go to Naples. And we 10 see only a percentage of what we generate. 11 So how is it going to be different? How -- 12 can you explain, please, how it's going to be 13 different that this money will stay to benefit our 14 community? Because, frankly, I've been here 35 15 years, and this is long overdue, and I regret the 16 last time that Walmart wanted to come here, some of 17 the -- the only bigger chain store tried to keep it 18 out and the competition is good, because you know 19 what? Frankly, we're overcharged, and maybe 20 they're complaining that it will break their 21 business. No, it will make them have to actually 22 give us fair prices. 23 (Interpretation. ) 24 MR. YOVANOVICH: To answer the question 25 regarding tax dollars, this property is part of the Packet Page-1723- 3/10/2015 17.B. 17 1 CRA, and the CRA was established to basically 2 provide a mechanism for tax dollars to be -- stay 3 and to be utilized within the Immokalee community. 4 And that's what those tax dollars will be due -- 5 will happen. That money will stay and be utilized 6 for projects like ours and for other projects to 7 provide opportunities for those types of businesses 8 to come to Immokalee and finance and fund other 9 projects within Immokalee. 10 (Interpretation.) 11 UNIDENTIFIED MALE VOICE: (Through Creole 12 Interpreter) First, he say he would like to thank 13 you guys for coming here, for thinking about the 14 Immokalee population. And other than business like 15 this, they also need hospital, because they don't 16 have a place to go to the hospital when they have a 17 problem with their families. They are asking the 18 commissioners from the Collier County to take note 19 and make sure that project come to the community 20 because there's really a need for that. 21 (Interpretation.) 22 MR. YOVANOVICH: During the introductions, I 23 forgot to introduce somebody. Jim Flanagan 24 (phonetic) is here, and he is also with Collier 25 County, and he is Commissioner Nance's aide or Packet Page-1724- 3/10/2015 17.B. 18 1 assistant to -- so I'm sure he's taking notes and 2 will be reporting back to the commissioner. 3 (Interpretation.) 4 UNIDENTIFIED MALE VOICE: (Through Creole 5 Interpreter) We're listening to you. The reason 6 why I (indiscernible) that's -- he say that his 7 name is Evan Swalzi (phonetic) . He was talking in 8 the name of the Haitian population in this 9 community and he asked them to stand up so you can 10 see them. 11 It's hard for that population to survive 12 around here. It's really hard for them. And he 13 wants to make sure that, first, the employees that 14 you're going to hire need to come from the area, 15 not from other places, but from here directly so 16 they can benefit from that. 17 (Interpretation. ) 18 MR. CRUZ: Good morning. My name is Floyd 19 Cruz (phonetic) and I do live here in Immokalee. 20 And I'm going to tell you all one of the biggest 21 problems we've got is going to be the roads. Our 22 road network is terrible. This is not Naples. 23 We have semi-trucks. We have large trucks. 24 We have gooseneck trailers. We cannot have just a 25 simple road. We're going to have to have Packet Page-1725- 3/10/2015 17.B. 19 1 acceleration lanes for them. 2 And we got another thing in transportation 3 here that most of these people I look out here have 4 got to depend on, and that's called the bus. We've 5 got to have some bus pull-off spots where we are 6 not hampered by the traffic coming in, because we 7 don't want to cause a bottleneck. 8 You want to talk about that first? 9 (Interpretation. ) 10 MR. CRUZ: The next thing is you all have 11 asked for exemptions in the signage and in some of 12 the landscape. This is another thing that 13 Immokalee is a little bit different on. Wendy's 14 down here, they couldn't put their sign up. A lot 15 of places around here, we need our signs up. We 16 don't need to be hampered by Naples' signage 17 standards or the landscape problem, because we have 18 a little bit of problem with blowing trash here. 19 It's hard to keep it clean. 20 (Interpretation. ) 21 MR. CRUZ: David, Wayne -- folks, I know all 22 these people up here. But I want you all to help 23 us get some roads coming into Immokalee, just not 24 just one intersection, but we're going to have to 25 have some roads. Immokalee is going to depend on Packet Page-1726- 3/10/2015 17.B. 20 1 having transportation. We all depend on it. And 2 it's one thing that we really lack. And I'm going 3 to quit on that. 4 (Interpretation. ) 5 UNIDENTIFIED MALE VOICE: (Through Creole 6 interpreter) My last question is how long it will 7 take for the project to start and when will be 8 done. 9 (Interpretation. ) 10 MR. YOVANOVICH: Well, there are a whole lot 11 of questions from Floyd and from this gentleman. 12 Let me do the one I can remember, which is the last 13 one. 14 We expect, if everything goes well, it will 15 probably take us till April 2016 for the doors to 16 be open. 17 (Interpretation. ) 18 MR. YOVANOVICH: Now, regarding some of 19 Floyd's comments, we will obviously be required to 20 have appropriate turn lanes on 29 as well as 21 Westclox to assure that we have appropriate -- 22 appropriately address traffic wanting to come to or 23 leave our project. So we will address that as part 24 of the site development plan and review process, 25 along with the bus stops that you mentioned will be Packet Page-1727- 3/10/2015 17.B. 21 1 part of the site development plan process. 2 (Interpretation. ) 3 MR. YOVANOVICH: Anybody else want to aet in 4 line? 5 UNIDENTIFIED FEMALE VOICE: I have two things. 6 One, a question is, is it going to be a 24-hour 7 Walmart, and will there (indiscernible) . 8 And I know we're here to talk about Walmart, 9 but I do want to say something about what he was 10 saying about the hospital. 16 years ago, I buried 11 my five-year-old son with cancer. In his end stage 12 of cancer, we had to drive back and forth on a 13 daily basis to Fort Myers. 14 A lot of people -- some people don't make it 15 to the hospital in Naples, don't make it to Lehigh. 16 That causes deaths. That causes huge expenses on 17 the county, and babies are born at home. A lot of 18 people -- I, myself, I was a single mom for a long 19 time and half the time I would have to choose to go 20 way over there, be 50 miles away from my kids or 21 stay home. And guess what won out? Most of the 22 time, stayed home. 23 So I know what they're talking about, Walmart, 24 but I'm going to take advantage of that this is the 25 first time that there's really a lot of people Packet Page-1728- 3/10/2015 17.B. 22 1 here. There's people here that care enough to hear 2 our voice. And we were promised a hospital back 3 before my son was diagnosed. My son would have 4 been 21 years old this June. 5 So there's other -- there's another child that 6 was just diagnosed with cancer that goes to our 7 school. So it is something that is really, really 8 desperately needed in this community. 9 (Interpretation. ) 10 MR. YOVANOVICH: I was just told that we need 11 to be ready to move out of this room at about 7:45, 12 which gives us about another 35 minutes or so. So 13 I just wanted to let everybody know about that 14 before we -- as we progress. 15 (Interpretation. ) 16 UNIDENTIFIED MALE VOICE: As some of you know, 17 I serve on the board of the Chamber of Commerce. I 18 also serve on the citizens advisory group committee 19 for the MPO, which handles transportation issues. 20 Right now, I 'm talking to that bald-headed man 21 right over there. 22 We are behind Lee County and Hendry County 23 getting good roads to Immokalee. You understand? 24 I'm not going to be long, but I do know, on our 25 committee, we were told, and I'm trying to move it Packet Page-1729- 3/10/2015 17.B. 1 up to 2015, that in 2016 they' re going to do a 2 study, an impact study on State Road 29 coming from 3 Labelle, 82 from the Hendry County line coming 4 here. So we' ll be getting to some of these issues 5 real quick, as we put pressure on him to move it up 6 for us. 7 (Interpretation. ) 8 UNIDENTIFIED MALE VOICE: I also told you that 9 I serve on the Chamber of Commerce, and the Chamber 10 of Commerce wants to make sure they go in the 11 direction that our people want to go, not the money 12 wants to go. 13 Now, no clapping. I don't want no clapping 14 now. I want you to raise your hand if you think 15 this project is a good project that would help 16 Immokalee. Raise your hands. 17 Okay. I'll tell that to the Chamber board and 18 we'll follow your direction. Thank you. 19 UNIDENTIFIED MALE VOICE: This is just real 20 quick and simple. I would like to know, has 21 Walmart agreed or has set terms in a contract on 22 coming to Immokalee, and if so, what are the 23 implementations? 24 (Interpretation. ) 25 MR. YOVANOVICH: What I can tell you is the Packet Page-1730- 3/10/2015 17.B. 24 1 property is under contract. I can tell you that it 2 is the property owner's obligation to take the 3 property through this process to get the property 4 properly zoned for the use. However, the purchaser 5 has included a confidentiality provision in the 6 contract. 7 So I can tell you that, yes, it's under 8 contract. I can tell you, yes, we're going through 9 this process. But I'm not in a position, at this 10 point, that I can tell you who the purchaser is. 11 (Interpretation. ) 12 UNIDENTIFIED MALE VOICE: Hello. Good 13 evening. I just -- my question is, is that who -- 14 you might have asked, but who has the final say in 15 this? Is it county commissioners, one 16 commissioner, their district? Because I know Nance 17 is for us, if I'm right on that. So I just would 18 like to know, you know, just who -- who has the 19 final say? That way, he knows that, as a community 20 of voters, that just like he aot voted in, he can 21 be voted right out. 22 (Interpretation. ) 23 MR. YOVANOVICH: To answer the question of who 24 has the final say, the final say is the Board of 25 County Commissioners. There are five county Packet Page-1731- 3/10/2015 17.B. 25 1 commissioners, and it requires four out of the five 2 county commissioners to support the project. 3 (Interpretation. ) 4 UNIDENTIFIED FEMALE VOICE: My question is, as 5 grateful as we are for this project, an area as low 6 economy as we are, a company has a tendency of 7 coming with project like this, where you said the 8 hiring will be about 300 jobs in Immokalee. My 9 question is that how many of those positions, high 10 positions, will actually be filled in Immokalee? 11 They have a tendency of giving the low wages job 12 and bringing outside for the higher positions of 13 managers, directors and all positions. Well, they 14 are under the impression that there's not -- ain't 15 no qualified people within our areas. Whereas, we 16 do have. 17 So how many of those high positions will 18 actually be filled within Immokalee with the youth '19 that we have that needs a job with a college degree 20 not doing anything? 21 (Interpretation. ) 22 MR. YOVANOVICH: To answer the question, I 23 will have to, frankly, get back to the company tc 24 find out what their track record is in drawing from 25 the managerial positions from the local community, Packet Page-1732- 3/10/2015 17.B. 26 1 but I don't know why a company wouldn't look at 2 local qualified individuals to be part of both the 3 lower entry level positions all the way up through 4 management. 5 I don't know why they wouldn't look for local 6 qualified people. They know the community. They 7 know the people. They speak the local languages, 8 and there's many languages in this community. 9 So I think qualified people would stand a very 10 good chance of being hired by a company that comes 11 to Immokalee both for entry level as well as upper 12 level positions. 13 (Interpretation. ) 14 UNIDENTIFIED MALE VOICE: (Through Creole 15 Interpreter) He say they need lights in town 16 because -- especially when you're driving at night, 17 you can see. So, really, to put more lights around 18 the town. Especially where the business is going 19 to take place, they need more lights. 20 If you want to be convinced of that, try to 21 drive around the town by 7, 8:00 at night 22 (indiscernible) talking about. 23 (Interpretation. ) 24 UNIDENTIFIED FEMALE VOICE: My question is, 25 what impact do you expect a project this size to Packet Page-1733- 3/10/2015 17.B. 27 1 have on our local EMS and fire station, and should 2 Immokalee residents expect to pay any type of 3 expense to have this project come in? For example, 4 do we expect to have higher property taxes or how 5 do you cover those improvements? 6 (Interpretation.) 7 MR. YOVANOVICH: This project will be required 8 to obviously pay property taxes, and the property 9 taxes will go up once the project is built, 10 property taxes for this specific project. 11 Local property owners will not be subsidizing 12 this project through their taxes. Your taxes won't 13 go up because this project is being built. 14 The project will be required to pay impact 15 fees and the like for EMS and all the other types 16 of services that a commercial project pays impact 17 fees for. 18 (Interpretation. ) 19 .MR. YOVANOVICH: And, typically, your 20 commercial development actually subsidizes other 21 development in the community because they usually 22 are taxed more than the actual services they 23 receive. 24 By way of example, a retail user pays school 25 taxes. Obviously, they don't generate any Packet Page-1734- 3/10/2015 17.B: 28 1 school-aged children. So, typically, they require 2 less police protection than other types of uses. 3 So this type of use actually will donate to or 4 contribute to the community in that way. 5 (Interpretation. ) 6 MR. YOVANOVICH: We've got about 15 minutes 7 left, and I know we have three people that haven't 8 spoken yet, and I want to make sure we hear from 9 everybody who hasn't spoken yet, so we'll move on. 10 UNIDENTIFIED MALE VOICE: (Indiscernible) 11 lights. 12 UNIDENTIFIED FEMALE VOICE: The lights. 13 MR. YOVANOVICH: The lights within the 14 community itself are on our project. 15 UNIDENTIFIED MALE VOICE: (Indiscernible) on 16 our project? 17 MR. YOVANOVICH: On our project, we will 18 actually have lighting at our entrances to make 19 sure they're lit up on our entrances. 20 (Interpretation. ) 21 MS. CANTE: Hi. My name is Natasha Cante 22 (phonetic) . As a veteran of Immokalee and 23 everything, I know we did some -- there's 24 guidelines for employment, but the veterans that 25 does live in Immokalee, it's hard to get employment Packet Page-1735- 3/10/2015 17.B. 29 1 because either you're too qualified or you're -- 2 they consider you not qualified enough. 3 Is there a guarantee or a chance that the 4 veterans of Immokalee will get priority and get any 5 kind of employment? Because I've been out of work 6 for seven years. And I've been out of the military 7 for eight. So it's hard to like -- and I'm a 8 single parent, so it's hard to have that chance to 9 raise your child and go to school and work if there 10 is no employment offered to you, because every time 11 you put your resume in or your application, they'll 12 be like, oh, well, you're too qualified, or there's 13 a loophole in the employment applications and 14 everything in hiring. 15 Is there a guarantee, as a veteran, like me, 16 or a disabled vet, any disabled vet, is there a 17 guarantee that we will be looked upon tc get a job 18 at this location? 19 (Interpretation. ) 20 MR. YOVANOVICH: Well, at this point, since I 21 can't disclose who the potential buyer is, I have 22 to talk generalities. I will have to honestly 23 check to see if they -- if they provide any special 24 incentives or rankings to veterans and things like 25 that. I don't know the answer as I sit here today. Packet Page-1736- 3/10/2015 17.B. 30 1 I'll have to check on that. 2 (Interpretation. ) 3 UNIDENTIFIED FEMALE VOICE: Hi. My name is 4 Tammy. I'm up here because everyone keeps bringing 5 up the competition with the stores, competition -- 6 oh, competition with other, you know, stores. 7 Nobody is really bringing up the whole minimum wage 8 thing, the whole median income for Immokalee, which 9 is below poverty level. I mean, people around here 10 make what, less than 20, 000 a year? 11 I was talking to the economist. He says the 12 average income for Immokalee is 31,000, which 13 doesn't make any sense to me, but he's going by the 14 census of permanent residents. You got to look at 15 the migrants that come here off season. It 16 doubles. So that brings it down substantially low. 17 UNIDENTIFIED FEMALE VOICE: 21. 18 UNIDENTIFIED FEMALE VOICE: Well, the 21, 19 that's still -- that's still pretty high 20 considering Immokalee. 21 But, you know -- and he was also telling me 22 that if this comes to this community, minimum wage 23 right now is at what, seven? 24 UNIDENTIFIED MALE VOICE: 7.93. 25 UNIDENTIFIED FEMALE VOICE: 7.93? The average Packet Page-1737- 3/10/2015 17.B. 31 1 hourly is going to be 12.93, which is substantially 2 high, which will bring more competition to other 3 stores, you know, to bring up the minimum wage so 4 that they can keep their employees. I mean, that's 5 a plus, that's a real good plus. 6 And also, when you guys have these meetings, I 7 understand you had one last week? Last Wednesday? 8 Is there any way that you could move them till 9 around this time of night so that more of the 10 community can show up? Because, I mean, 11 realistically, everybody works at that time and 12 there's no way people can make it here. 13 (Interpretation. ) 14 MR. YOVANOVICH: With regard to the meeting 15 that was held last Wednesday, that was actually a 16 meeting where we were asked to come to present to 17 the CRA and the MSTU -- MSTBU advisory board. So 18 we presented our project to that board. It wasn't 19 a meeting that we asked -- the reason we had -- 20 it's tonight is we have our neighborhood 21 information meetings at night in recognition of the 22 fact that people do work, and this is why we had 23 the meeting this evening. 24 (Interpretation.) 25 MS. PATTERSON: Hi. My name is Misty Packet Page-1738- 3/10/2015 17.B. 32 Patterson. And, first, I want to give thanks to 2 Southwest Florida Works and Suzette Cunningham 3 (phonetic) and all of their staff for getting this 4 building available and ready for us in about 15 to 5 20 minutes. So applause to Southwest Florida 6 Works. I really, really appreciate it. 7 Our community definitely only has a couple 8 locations where we can all meet, and it is here and 9 the high school, like one of the other residents 10 said earlier. 11 So if you would, contact our local high school 12 or Southwest Florida Works for a meeting place for 13 all of our residents to come in and actually sit 14 down. 15 Thank you for having it at this hour. A lot 16 of our residents do work. They're getting off 17 buses and all kinds of things at this hour in order 18 for everyone to get here. 19 Also, thank you for the opportunity for our 20 residents to have an option. We don't have -- we 21 didn't have any options in our community. 22 I definitely don't want to put any of our mom 23 and pops out of business, but we definitely need an 24 option for employment. Minimum wage is better than 25 no wage at all. I do agree with that. And so Packet Page-1739- 3/10/2015 17.B. 33 1 thank you for the option. 2 And also, my only concern is with the impact 3 fees. And if you ask for an exemption for the 4 impact fees, they go directly -- they cut off some 5 of the funding for our Immokalee residents in our 6 community. 7 What the CRA has done for our community has 8 been fantastic. And I know they haven't -- you 9 don't really get a lot of accolades for exactly 10 what you've been doing, Brad, here in our 11 community, but with the water, the holding system 12 and more locations for our buses to stop, I really, 13 really appreciate it, because it affects my family 14 personally. So thank you, CRA, for that. So I 15 just want to say that. 16 But thank you again. We -- like the gentleman 17 said here, we do need streetlights. We definitely 18 need streetlights. We do need more ways of 19 transportation. 20 And I know the meeting is definitely coming to 21 a close, but please take those items into 22 consideration. Our community is a small, 23 close-knit, migrant, agricultural community that, 24 just by word of mouth, these people were here. 25 Just by word of mouth. Packet Page-1740- 3/10/2015 17.B. 34 80 percent of our population does not speak 2 English as their first language. So by 3 communicating in our lmmokalee Bulletin, that's not 4 the most efficient way to get to our community. We 5 have a lot of other opportunities. We have La Lay 6 (phonetic) , we have other means of mass 7 communications for our community that may not be so 8 -- that may not be in the forefront that you may 9 not know about. So, definitely get in touch with 10 our community. 11 As far as jobs go and when it's time for 12 placement, definitely, whoever the big box is, and 13 I know everyone is saying it's Walmart, but it can 14 be any number of big box companies, Walmart, 15 Target, whatever, make sure you partner with our 16 local employment office, because we know our 17 community. We know our community. We know where 18 the best qualified persons are. 19 We did have a question about hiring in 20 management positions. That's really an issue. 21 Most people, they come into our community, they do 22 not hire in management positions in our community. 23 So we have a lot of degreed residents in our 24 community that need to take advantage of these 25 positions. So, if you would, whomever the big box Packet Page-1741- 3/10/2015 17.B. 35 1 person, entity that you're speaking of, definitely 2 have them consult with our Southwest Florida Works, 3 our local employment office, okay? 4 I thank you for your time. And I do want to 5 say, as we exit, we all need to go out that door 6 and the one around the corner. And if we could 7 have a few more people to stay after, if you would 8 be generous, to assist us with putting the chairs 9 back. 10 Southwest Florida Works did do a major 11 overhaul in this room to try to get it ready for 12 our residents . So if we could have at least about 13 ten people to stay after to assist us putting the 14 chairs back for them, that would be greatly 15 appreciated. Thank you. 16 (Interpretation. ) 17 MR. YOVANOVICH: Unfortunately, I think I'm 18 out of time, and I want to thank Brad for putting 19 this together for us last minute. We did kind of 20 get a bigger crowd than I think everybody expected. 21 If you didn' t aet a chance to speak, you can 22 obviously contact me or Kay Deselem, who just put 23 her hand up, Michele Mcsca, who's going to put her 24 hand up. They're with the county. 25 If you've got -- we can hang out, outside, if Packet Page-1742- 3/10/2015 17.B. 36 1 you've got some comments. We're happy to answer 2 questions, but -- and they will be there as well if 3 you want to make comments to them, but I do need to 4 close it down and help break down the room and put 5 it back together for Brad. And thank you for 6 coming. 7 (Interpretation. ) 8 (Recording concluded. ) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Packet Page-1743- 3/10/2015 17.B. 37 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 I, Joyce B. Howell, do hereby certify that: 5 1. The foregoing pages numbered 1 through 36 6 contain a full, true and correct transcript of 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a 9 digital audio recording. 10 2. I am not counsel for, related to, or 11 employed by any of the parties in the above-entitled 12 cause. 13 3. I am not financially or otherwise 14 interested in the outcome of this case. 15 16 SIGNED AND CERTIFIED: 17 18 Date: January 27, 2014 Joyce B. Howell 19 20 21 22 23 24 25 Packet Page-1744- 3/10/2015 17.B. RESOLUTION NO. 14- 138 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE IMMOKALEE AREA MASTER PLAN ELEMENT AND IMMOKALEE AREA FUTURE LAND USE MAP TO ADD APPROXIMATELY 24.99 ACRES TO THE SR-29 AND JEFFERSON AVENUE COMMERCIAL SUBDISTRICT OF THE URBAN-COMMERCIAL DISTRICT, TO ALLOW FOR THE DEVELOPMENT OF UP TO 162,000 SQUARE FEET OF C-1 (COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT), C-2 (COMMERCIAL CONVENIENCE DISTRICT), C-3 (COMMERCIAL INTERMEDIATE DISTRICT), AND C-4 (GENERAL COMMERCIAL DISTRICT) COMMERCIAL USES AS DESCRIBED IN THE LAND DEVELOPMENT CODE (LDC); TO EXEMPT DEVELOPMENT ON THE SUBJECT SITE FROM THE ARCHITECTURAL AND SITE DESIGN STANDARDS OF LDC SECTION 5.05.08, AND THE SIGN STANDARDS OF LDC SECTION 5.06.00; AND TO PROVIDE THAT ARCHITECTURAL, SITE DESIGN AND SIGN STANDARDS BE ESTABLISHED THROUGH THE REZONING OF THE SUBJECT SITE, AND FURTHERMORE RECOMMENDING TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO). THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF WESTCLOX STREET AND STATE ROAD 29 IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. [PL20130001.345/CP-2013-8] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management PIan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Petitioner, Barron Collier Investments, Ltd., has initiated this amendment to the Immokalee Area Master Plan Element and Immokalee Area future Land Use Map; and WHEREAS, on April 29, 2014, the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and Words underlined are additions; Words struck through are deletions *** *** *** *** are a break in text PL201300013451CP-2013-8 Rev.5,221)4 Packet Page -1745- 3/10/2015 17.B. WHEREAS, on June 24, 2014, the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184, F.S.; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184. F.S.; and WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3), F.S. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote this of ., , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, CLERK COLLIER OUNT FLORIDA 4f a� tb e)- dn' OM RENNIN airman signature on{y, - Approved as to form and legality: tiL I di. f t<C' eeidi As toil-Cic o C Managing Assistant County Attorney Attachment: Exhibit"A"—Text and Map CP 14-CMP-00915'v26 Words underlined are additions; Words struck through are deletions 2 _. *** *** *** **'* are a break in text PL20130001345/CP-2013-8 Rev. 5/22114 Packet Page-1746- ��_•:� 3/10/2015 17.B. Exhibit A CP-2013-8 URBAN DESIGNATION [Page 16] B. Urban—Commercial District 1. Commercial Subdistrict— S.R. 29 and Jefferson Avenue The purpose of this Subdistrict is to provide for retail and office uses, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. Commercial uses allowed within the Subdistrict are generally similar to the C-1 through C-4 Commercial Zoning Districts, as identified in the Collier County Land Development Code. These commercial uses must be located on a major arterial or collector roadway. A. The development criteria contained in Section 2.03.07.G.1 of the Collier County Land Development Code must be met for future development within the Commercial Subdistrict along SR-29, as identified on Zoning Maps: 6932N; 6932S; 6933N; 6933S; 7904N; and 7905N. B. The development criteria contained in Section 2.03.07.G.2 of the Collier County Land Development Code must be met for future development within the Commercial Subdistrict along Jefferson Avenue as identified on Zoning Map 6933S. C. That portion of the Subdistrict located at the northwest quadrant of the intersection of Westclox Street and S.R. 29 shall be rezoned in the form of a Planned Unit Development (PUD). The PUD shall include an appropriate list of commercial land uses designed to serve the needs of the Immokalee community. Development within this portion of the Subdistrict shall not be required to meet the specific architectural and site design standards for commercial development required for PUDs, identified in Section 5.05.08, and the signage requirements of Section 5.06 of the Collier County Land Development Code; however, the PUD shall include specific site design and building architectural and signage standards for the commercial development. Non-commercial Uses in addition to those mixed-uses permitted within the Commercial Designations, uses such as parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day-care centers and those essential services as defined in the Land Development Code. *** ****** *** ****** ********** ****** ******Text break*** ****** *** ****** ****** *** *** *** *** ** Page 1 of 2 [Single underline text is added, and single strike through.text is deleted.] • Packet Page-1747- 3/10/2015 17.B. PETITION CP-20134 EXHIBIT A I R 29 E R 30 E I R 2E1 E IMMOKALEE FUTURE LAND USE MAP ViikrA'C'1. , SUBJECT SITE • CP-2012-8 1 ill .4 W „,„,ffulino&al..t.4.,...--- _ „ _ „_ , -.1.".-4. ...,. I - 0' / iiilapel 1 lirair— , ,,, ,, , _ . , 1 ", ,.:2,...z . :.-:: $31,,m_.• ----- -s.....„ - .\---. , . ......_ .... ti.,:,,,,,,,Izit.,,,,'.. /l•t.. r ,, 166,. ::,,,,....._ ,. V. ,,,, 7 ........... sm.,. ■,.......0 itN ,XI 'E., as............ s=,tct, 447t,, ,'7„,,' ;--- - , ....6 1,04 6...g...""'""""° '1 , ....„..., Rim...MI yam, i Z _ h, , - ...., ...... - - ,:1 s............*........ .........„...in 4.44 ON dom. 1.. ....._,....,...., Amoco-am mar 0........ .".. . - V .....s.■...-.4 I I ' c...1!"........ — .........===.---z. 11 pn, ST CS/CAO OOP.°g-r46‘, ,,,,,,,,,,nr. CROW!'IMMWOrart C.901 i P1 PIE CP-201-14,.an —7,---,--,--74.•-, WOE 3/20. Page 2 of 2 r:;\ Packet Page -1748- 3/10/2015 17.B. Co tl -r Cvv�L-►�ty Comprehensive Planning Memorandum August 7,2013 Sent Via E-Mail Mr. Richard Yovanovich,Esq. Coleman, Yovanovich and Koester,P.A. 850 Park Shore Drive,Trianon Centre Naples, FL 34103 and Mr.Wayne Arnold,AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs,FL 34134 RE: Sufficiency Review of Growth Management Plan Amendment Petition PL20130001345/CP- 2013-8, a Growth Management Plan amendment to the Immokalee Area Master Plan Element and Future Land Use Map of the Growth Management Plan to allow the re-designation of±24.5 acres from the Neighborhood Center Subdistrict(±19.07 ac.) , Low Residential Subdistrict (±5.28 ac.) and High Residential Subdistrict(±.20 ac.)to the S.R. 29 and Jefferson Avenue Commercial Subdistrict to accommodate a Large Format Retail Center of up to 162,000 sq.ft. Dear Mr.Yovanovich and Mr.Arnold: Pursuant to Paragraph B. (ii) of Resolution No. 12-234, this letter is to inform you that the referenced application is not sufficient to enable staff to conduct a formal [substantive] review. Below is the list of deficiencies that need to be corrected/addressed. APPLICATION AND EXHIBITS: Each deficiency below corresponds to the application numbers and letters. Generally Sequentially number all text/exhibits/maps I.A. Provide documentation that authorizes David Genson to act on behalf of Barron Collier Investments, Ltd. II.D. Disclosure of Interest Information:Provide the beneficiaries of each Trust II.D. Disclosure of Interest Information and Limited Partnership Annual Report: Explain why the partnership information is not consistent on both documents Exhibit IV.B. Text modifications may be proposed by staff as part of the ongoing review of the petition. [Please note that the S.R. 29 and Jefferson Ave. Commercial Subdistrict limits commercial uses/intensities to those commercial uses of the Cl through C4 zoning districts of the Collier County Land Development Code (LDC). Additionally, Packet Page-1749- 3/10/2015 17.B. Sufficiency Transmittal Memorandum CP-2013-8 Page 2 of 6 the proposed project shall be subject to the S.R. 29 and Jefferson Ave. Commercial Overlay of the LDC,unless exempted.] Narrative/ Data and analysis to support the suitability of land for the proposed use. Exhibit V.D./ Pre-app. Notes Narrative: Provide the justification/explanation for expanding the commercial boundary for the proposed project beyond the limits of the existing Neighborhood Center acreage into the Low Residential and High Residential Subdistricts. Exhibit V.D (Request for supplemental data is based on the meeting between staff and representatives from Fishkind and Associates- held on June 10, 2013- prior to the formal project submittal; pre-application meeting notes, dated May 31,2013;and,the formal market study submittal-Exhibit V.D.I: • Provide an economic and fiscal impact assessment. This analysis should address the following: (1) evaluate the impacts of the large format retailer on the local economy and community (i.e. (a.) identify goods and services offered by proposed retailer, forecast sales for each line of goods and services, and estimate jobs and wages associated with the forecast sales; and (b.)compare the proposed retailer's line of goods and services with existing local businesses to determine product overlap and if the new retailer provides additional public choice); (2) evaluate how the existing retail/service economy will likely respond to the proposed retailer (i.e. estimate (low and high range) how much of the proposed retailer's projected sales will be drawn from existing retailers/service providers and how much will be new to the community); and (3) evaluate the project's impact on retail/service employment, wages, tax revenues, community's potential changes in spending patterns,costs to the County/CRA, and, etc. • Commercial Needs Analysis document. Provide the following additions, revisions and/or explanations: (1) page 2, demonstrate that the proposed project is a "Pareto improvement" (response may be incorporated into the above economic and fiscal assessment); (2) page 7, table 2, (a.) provide 2010 Census base year data; (b.) provide support data/specific source information for household (occupied unit) and household income figures,as the figures within the table appear higher than staff's data, which includes figures from the 2010 Census and ACS estimates; (3) page 12,Appendix A 2, same request as noted for table 2, on page 7; (4) page 12, based on data provided within the "income and expenditure table," the income expenditure percentage on retail is±54 percent - please provide specific data source and raw data, so staff may verify figure (figure appears high); (5) page 12, provide a table that includes all potential retail expenditures and supportable square feet within the community; (6) pages 12- 14,revise the footnotes on all tables to include the source year for"Dollars and Cents of Shopping Centers," (7) quantify actual retail sales within the market area by the line of goods and services; and, (8) quantify the existing retail and service employment within the community. 2 Packet Page-1750- 3/10/2015 17.B. Sufficiency Transmittal Memorandum CP-2013-8 Page 3 of 6 Pre-application Meefina Notes: • Economic Incentives & Market Demand Analysis- (1) provide a listing of all state, federal or local economic incentives, including tax increment financing, that the proposed development may receive (response may be incorporated into above request); and, (2) provide an employment analysis,including earnings calculations,for the potential+400 jobs resulting from the proposed development (response may be incorporated into above request). Exhibit V.E. Public Facilities • Potable Water, page 1: (1) delete incorrect references to the County and replace with "Immokalee Water and Sewer District or IWSD"; (2) delete incorrect square feet figure and replace with "1 62,000"square feet; (3) delete incorrect single-family figure and replace with "20"single-family units;and, (4) provide a footnote to explain the"1.5 max month"figure. • Sanitary Sewer, page 2: Delete incorrect single-family figure and replace with "20"single-family units. • Potable Water and Sanitary Sewer, "Request for Service Availability": Provide the water and sewer available capacity response letter from the IWSD. • Transportation:Refer to John Podczerwinsky's review comments below Exhibit V.G. Notarized Letter of Authorization: Based on the document titled "Action by Unanimous Consent and Designation of Authority of Barron Collier Investments, LTD," it appears that two individuals must provide authorization for the Agents' to act on their behalf;please review document and address accordingly. Additional Staff Comments Stephen Lenberger, Senior Environmental Specialist, Surface Water and Environmental Planning: The subject property is partially vegetated with native vegetation, fifteen percent of which is required to be retained in accordance with CCME Policy 6.1.1, if the project is developed as commercial. According to aerials available on the Property Appraisers website, much of the property was cleared for pasture prior to 1985. Clearing for agricultural purposes prior to Ordinance No.76-42 is exempt from the requirements for an agricultural clearing permit. Documentation of when the property was cleared will be required during review of the PUD. A listed species survey was conducted on June 12,2013 by the environmental consultant for the project and no listed species or signs of listed species were observed during the survey. Given the disturbed nature and location of the site,it is unlikely that listed species would occur on the property. A letter from the Florida Master Site File regarding previously recorded cultural resources was not included in the application package. The project would be subject to the requirement for accidental discovery of archaeological or historical sites as required by Conservation and Coastal Management Element Policy 11.1.3. The provision is also included in Subsection 2.03.07 E of the Land Development Code. 3 Packet Page-1751- 3/10/2015 17.B. Sufficiency Transmittal Memorandum CP-2013-8 Page 4 of 6 The proposed GMP amendment will have no affect on the requirements of the Conservation and Coastal Management Element. John Podczerwinsky,Development Review Project Manager,Transportation Planning Section: Transportation Element Objective 5, Policy 5.1: T1S Comments(Also reflected In the PUD review comments): 1. Table 2A-There is a discrepancy with Figure 2A;2%distribution versus 5%distribution on Immokalee Rd between Oil Well and SR-29. Please correct. 2. Figure 2B- There should be 29VPH Southbound in PM Peak Hour approaching intersection from Northern access drive. 3. Page A-1 shows PHF=0.95. However,Sheets A-5,A-6, A-8. A-8,and A-9 use PHF=0.97. Staff suggests a PHF=0.90 is more appropriate for this rural area. 4. Please provide an unsignalized analysis of the 2019 condition (with project traffic) for comparison purposes against conditions without project traffic. 5. Please reconcile any discrepancies throughout the report that are caused by these comments. Staff recognizes that some analyses may require to be redone, but that conclusions may not change. Staff Note-The following are Developer Commitments required in the companion PUD application: Signal: 1. The requirement of, and permitting for, a signal at the intersection of SR-29 and Westclox/NewMarket is at the discretion of FDOT. Any proportionate, partial, or full payment for signal installation shall be determined by FDOT. Please modify the Transportation commitment to reflect this. Also, remove any statement that requires the County to operate and maintain the signal. 2. If a signal at the intersection of is not determined to be required at the commencement of this project, the developer must commit to provide a signal warrant study annually,along with the PUD Traffic Monitoring Report (for a minimum of the first year after the CO is issued for the main structure). The additional warrant study report shall be due until such time that a signal is deemed unnecessary for two consecutive years. 3. The developer must commit to pay proportionate share for maintenance of the signal at SR-29 and Westclox/New Market once installed. Transportation Element Objective 4-Pathways: The proposed Growth Management Plan Amendment is not consistent with Objective 4, policies 4.2 and 4.6, of the Transportation Element. The developer will be required to interconnect to (and extend) the existing Bicycle and Pedestrian System to serve this project. The following recommendations are made (all are requirements of the • simultaneous PUD review that has been submitted): 1. Staff requests that the developer commit to pay-in-lieu for the LDC required 6' sidewalk along SR-29. Please detail this as a developer commitment in the Transportation section on Exhibit E of the PUD. Payment would be required at the time of SDP application. The amount of the payment should follow FDOT guidelines. 4 Packet Page-1752- 3/10/2015 17.B. Sufficiency Transmittal Memorandum CP-2013-8 Page.5 of 6 2. Connection to all existing and committed pedestrian facilities at the intersection of SR-29 and Westclox/New Market intersection is necessary. Off-site improvements (such as curb ramps and crosswalks) will be necessary to provide connection to this site. As an informational comment, the developer shall be required to make these connections at the time of SDP application. 3. Please add a developer commitment to install or fund, at no cost to Collier County, pedestrian facilities (ped-heads) at the time this intersection is signalized. Pedestrian crossing(s) at this intersection are site-related and are attributable to this development, as they would not be necessary to install without this proposed up- zoning. 4. Please provide a commitment to include bicycle racks within the PUD. Transportation Element Objective 6 Policy 6.1: Demonstrate consistency with the MPO's Long Range Transportation Plan. SR-29 along the project frontage is demonstrated to have a "need"to be widened to 4LD, and is also within the SR-29 Loop Road study area. Transportation Element,Objective 12-Transit Requirements: Demonstrate consistency with Objective 12 of the Transportation Element by addressing Transit-related accommodations at, or within, the site. Note: The following requirement(s) are stated in the companion PUD review: Please provide transit facilities to serve altemative modes of transportation to this parcel. County requests provision of a bus shelter within the site that will serve both Transit routes connecting to this facility, along with any necessary supporting easements and/or rights of entry. Please contact TrinitvScott @Collieraov.net or BrandvOtero @Collieraov.net to discuss design recommendations. Kris VanLermen,Principal Planner,Public Utilities Engineering: Public Utilities' staff has determined that there are no issues with the application at this time. 5 Packet Page -1753- .:..,.._. t 3/10/2015 17.B. Sufficiency Transmittal Memorandum CP-2013-8 Page 6 of 6 The original application is available for pick-up. Once the petition has been modified to address the above items, please re-submit the original, plus three copies-all properly assembled-and an electronic submittal on a CD,for a second sufficiency review. Resolution #12-234 provides 30 days (September 6,2013) for you to respond to this letter with supplemental data. Should you have questions and/or wish to schedule a meeting with staff to discuss the sufficiency comments, please contact me at 239.252.2466 or via email at michelemosca@collieraov.net. Regards, Michele R. Mosca,AICP • Principal Planner cc: Michael Bosi,AICP, Planning and Zoning Director David Weeks,AICP,Growth Management Plan Manager,Comprehensive Planning Section CP-2013-8 File 6 Packet Page-1754- 3/10/2015 17.B. Page separator only Packet Page -1755- . 3/10/2015 17.B. GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects October 7,2013 Michele R. AICP Principal Planner Growth Management Division/Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples,FL 34104 RE: Sufficiency Review of Growth Management Plan Amendment Petition PL20130001345/CP-2013-8, a Growth Management Plan amendment to the Immokalee Area Master Plan Element and Future Land Use Map of the Growth Management Plan Dear Ms.Mosca: This letter contains responses to staff comments received August 7, 2013, via email. In addition to the responses below, we have included one original and four copies of the application, including revised exhibits as requested. Please note that the boundary and acreage of the project has been increased slightly along the northern boundary to accommodate a request by FDOT to insure adequate site access from State Road 29. APPLICATION AND EXffiBITS: Each deficiency below corresponds to the application numbers and letters. Generally Sequentially number all text/exhibits/maps I.A. Provide documentation that authorizes David Genson to act on behalf of Barron Collier Investments,Ltd. Response: - Documentation of authority is enclosed as requested. II.D. Disclosure of Interest Information:Provide the beneficiaries of each Trust LLD. Disclosure of Interest Information and Limited Partnership Annual Report: ' Explain why the partnership information is not consistent on both documents Response: The partnership information is different because the Disclosure of Interest is a Hsi of owners, whereas the Annual Report is a list of partners for Ban-on Collier Investments, LTD. Exhibit N.B. Text modifications may be proposed by staff as part of the ongoing review of the petition. [Please note that the S.R 29 and Jefferson Ave. Commercial Subdistrict limits commercial uses/intensities to those commercial uses of the Cl through C4 Q. Grady Minor&Associates, P.A. Ph. 239-947-1144 • Fx:239-947-0375 3800 Via Del Rey EB 0005151 • LB 0005151 • LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com Packet Page -1756- 3/10/2015 17.B. Ms.Michele Mosca Szciency Review of Growth Management Plan Amendment Petition PL20130001345/CP-2013-8, a Growth Management Plan amendment to the Immokalee Area Master Plan Element and Future Land Use Map of the Growth Management Plan. October 7,2013 Page 2of8. zoning districts of the Collier County Land Development Code (LDC). Additionally, the proposed project shall be subject to the S.R. 29 and Jefferson. Ave. Commercial Overlay of the LDC,unless exempted.] Response: Comment acknowledged. Narrative/Data.and analysis to support the suitability of land for the proposed use. Exhibit V.DJ Pre-app.Notes Narrative: Provide the justification/explanation for expanding the commercial boundary for the proposed project beyond the limits of the existing Neighborhood Center acreage into the Low Residential and High Residential Subdistricts. Response: A description of the proposed amendment is included in the application. The current land use designations do not permit the type of commercial proposed at this location. Exhibit V.D(Request for supplemental data is based on the meeting between staff and representatives from Fishkind and Associates—held on June 10,2013 —prior to the formal project submittal; pre-application meeting notes, dated May 31 2013;and.,the formal market study submittal—Exhibit V.D.): • Provide an economic and fiscal impact assessment. This analysis should address the following: (1) evaluate the impacts of the large format retailer on the local economy and community (i.e. (a.) identify goods and services offered by proposed retailer, forecast sales for each line of goods and services, and estimate jobs and wages associated with the forecast sales; and (b.)compare the proposed retailer's line of goods and services with existing local businesses to determine product overlap and if the new retailer provides additional public choice); (2) evaluate how. the existing retail/service economy will likely respond to the proposed retailer (i.e. estimate(low and high range)how much of the proposed retailer's projected sales will be drawn from existing retailers/service providers and how much will be new to the community); and (3) evaluate the project's impact on retail/service employment, wages, tax revenues, community's potential changes in spending patterns,costs to the County/CRA,and,etc. Response: You had requested an analysis of the impact a large format retail facility would have on Iocally owned retailers. Answering this question requires very complex analysis, which would require a significant and expensive effort to obtain the required data in order to 2 Packet Page -1757- 4. 3/10/2015 17.B. • M.Michele Mosca Sufficiency Review of Growth Management Plan Amendment Petition PL20130001345/CP-2013-8, a Growth Management Plan amendment to the Immokalee Area Master Plan Element and Future Land Use Map of the Growth Management Plan. October 7,2013 Page 3 of8 complete the analysis. Further,there appears to be no single accepted methodology used in fiscal and economic analyses to attempt to address impacts to small businesses. The fact is that Immokalee already has a significant number of national and regional retail service providers and no required comparison for those b •:. was a prerequisite to their establishing business operations in Immokalee. e includ ket demand information does address the anticipated positive economic impac a,at will result from construction of a large format retail center in the Immokalee Community, including employment and taxable real estate values. • Commercial Needs Analysis document. Provide the following additions, revisions and/or explanations: (1) page 2, demonstrate that.the proposed project is a "Pareto improvement" (response may be incorporated into the above economic and fiscal assessment); (2) page 7, table 2, (a.) provide 2010 Census base year data; (b.) provide support data/specific source information for household(occupied unit)and household income figures,as the figures within the table appear higher than staff's data, which includes figures from the 2010 Census and ACS estimates; (3)page 12, Appendix A 2, same request as noted for table 2, on page 7; (4) page 12, based on data provided within the"income and expenditure table,"the income expenditure percentage on retail is±54 percent—please provide specific data source and raw data, so staff may verify figure (figure appears high); (5) page 12, provide a table that includes all potential retail expenditures and supportable square feet within the community;(6)pages 12— 14,revise the footnotes on all tables to include the source year for "Dollars and Cents of Shopping Centers,"(7)quantify actual retail sales within the market area by the line of goods and services; and, (8) quantify the existing retail and service employment within the community. Response: 1. Pareto Improvement—addressed in economic and fiscal assessment. 2. Page 7, table 2 a. 2010 Census base year data provided in appendix. b. Household Size - Revised report acknowledges 2010 persons per household figure of 4.16 based on 2010 Census population and households. This figure includes group quarters population and therefore differs from the 3.96 persons per household shown in 2010 Census table DP-1. Fishkind revised analysis in years 2015 to 2025 to include a range of persons per household figures from 4.0 to 3.5. The range is intended to better capture future conditions in the community with regard to revitRlization efforts currently in place,investment in a more diversified economy and the character of growth 3 Packet Page-1758- 3/10/2015 17.B. Ms.Michele Mosca Si5zciency Review of Growth Management Plan Amendment Petition PL20130001345/CP-2013-8, a Growth Management Plan amendment to the Immokalee Area Master Plan Element and Future Land Use Map of the Growth Management Plan. October 7,2013 Page 4 of 8 expected to occur in Immokalee — all of which are likely to decrease household size over time as incomes and housing opportunities improve. Incomes—Analysis uses mean household income from U.S. Census 2009-2011 ACS for the Immokalee CDP escalated at 2% per year through analysis horizon year. Figures shown in 2009-2011 Census ACS table reflect 2011 inflation adjusted-dollars. The revised report uses 2011 as the base year for escalating incomes rather than 2010 used in the original report. 3. Page 12 Appendix A2 tables - 2010 Census base year data provided in appendix; HH Size and income explanation provided above also applies to these tables. 4. . Specific data source and raw data provided. 5. Revised report includes appendix tables that show all potential retail expenditures and supportable square feet in the community. 6. Pages 12-14 table notes revised. 7. Information does not relate to submitted land use need study. 8. Revised report includes requested information in appendix. Pre-application Meeting Notes: • Economic Incentives & Market Demand Analysis — (1)provide a listing of all state, federal or Iocal economic incentives, including tax increment financing, that the proposed development may receive (response may be incorporated into above request); and, (2)provide an employment analysis, including earnings calculations, for the potential± 400 jobs resulting from the proposed development (response may be incorporated into above request). Response: • The above comments have been addressed in the revised demand analysis. Exhibit V.E. Public Facilities • Potable Water, page 1:(1) delete incorrect references to the County and replace with "Immokalee Water and Sewer District or IWSD"; (2) delete incorrect square feet figure and replace with"162,000" square feet; (3) delete incorrect single-family figure and replace with "20" single-family units; and, (4)provide a footnote to explain the"1.5 max month"figure. • Sanitary Sewer,page 2:Delete incorrect single-family figure and replace with "20"single-family units. 4 Packet Page-1759- 3/10/2015 17.B. M.Michele Hosea Sr 7Iciency Review of Growth Management Plan Amendment Petition PL20130001345/CP-2013-8, a Growth Management Plan amendment to the Immokalee Area Master Plan Element and Future Land Use Map of the Growth Management Plan October 7,2013 Page 5 of 8 • Potable Water and Sanitary Sewer, "Request for Service Availability": Provide the water and sewer availahle capacity response letter from the IWSD. • Transportation:Refer to John Podczerwinsky's review comments below Response: Exhibit V.E. has been revised as requested and the water and sewer available capacity letter from IWSD is included with this submittaL Exhibit V.G. Notarized Letter of Authorization: Based on the document titled "Action by Unanimous Consent and Designation of Authority of Barron Collier Investments, LTD," it appears that two individuals must provide authorization for the Agents' to act on their behalf;please review document and address accordingly. Response: Revised authorization forms have been provided with this resubmittal. Additional Staff Comments Stephen LenberRer, Senior Environmental Specialist, Surface Water and Environmental Planning: The subject property is partially vegetated with native vegetation, fifteen percent of which is required to be retained in accordance with CCME Policy 6.1.1, if the project is developed as commercial. According to aerials available on the Property Appraisers website, much of the property was cleared for pasture prior to 1985. Clearing for agricultural purposes prior to Ordinance No. 76-42 is exempt from the requirements for an agricultural clearing permit. Documentation of when the property was cleared will be required during review of the PUD. A listed species survey was conducted on June 12, 2013 by the environmental consultant for the project and no listed species or signs of listed species were observed during the survey.Given the disturbed nature and location of the site,it is unlikely that listed species would occur on the property. A letter from the Florida Master Site File regarding previously recorded cultural resources was not included in the application package. The project would be subject to the requirement for accidental discovery of archaeological or historical sites as required by Conservation and Coastal Management Element Policy 11.1.3. The provision is also included in Subsection 2.03.07 E of the Land Development Code. 5 Packet Page-1760- . 3/10/2015 17.B. M.Michele Mosca Szciency Review of Growth Management Plan Amendment Petition PL20130001345/CP-2013-8, a Growth Management Plan amendment to the Immokalee Area Master Plan Element and Future Land Use Map of the Growth Mmmagement Plan. October 7,2013 Page 6 of 8 The proposed GMP amendment will have no affect on the requirements of the Conservation and Coastal Management Element. Response: Comment Acknowledged. John Podczerwinskp, Development Review Project Manager,Transportation Planning Section: Transportation Element Objective 5,Policy 5.1: TIS Comments(Also reflected in the PUD review comments.): 1. Table 2A- There is a discrepancy with Figure 2A; 2% distribution versus 5% distribution on Immokalee Rd between Oil Well and SR-29. Please correct. 2. Figure 2B- There should be 29VPH Southbound in PM Peak Hour approaching intersection from Northern access drive. 3. Page A-1 shows PHF-0.95. However, Sheets A-5, A-6, A-8. A-8, and A-9 use PHF ).97. Staff suggests a PHF9.90 is more appropriate for this rural area. 4. Please provide an unsignalized analysis of the 2019 condition (with project traffic) for comparison purposes against conditions without project traffic. 5. Please reconcile any discrepancies throughout the report that are calmed by these comments. Staff recognizes that some analyses may require to be redone, but that conclusions may not change. Response: These comments have been addressed and are included with the revised TIS. Staff Note—The following are Developer Commitments required in the companion PUD application: Signal: 1. The requirement of and permitting for, a signal . the intersection of SR-29 and Westclox/NewMarket is at the discretion of DOT. Any proportionate, partial, or full payment for signal installation shall be .-termined by FDOT. Please modify the Transportation commitment to reflect .' . Also,remove any statement that requires the County to operate and maintain .- signal. 2. If a signal at the intersection of is not determined to be required at the commencement of this proj- the developer must commit to provide a signal warrant study annually, al..: with the PUD Traffic Monitoring Report (for a minimum of the first y:. after the CO is issued for the main structure). The additional warrant • report shall be.due until such time that a signal is deemed ►mnecessary for twoonsecutive years. 6 Packet Page-1761- . 3/10/2015 17.B. M.Michele Mosca Sufficiency Review of Growth Management Plan Amendment Petition PL20130001345/CP-2013-8, a Growth Management Plan amendment to the Immokalee Area Master Plan Element and Future Land Use Map of the Growth Management Plan. October 7,2013 Page 7 of 8 3. The developer must commit to pay proportio share for maintenance of the signal ' at SR-29 and Westclox/New Market once' ed Response: These comments have been addressed in the PUD sufficiency response letter rather than /the GMP amendment. Transportation Element Objective 4-Pathways: The proposed Growth Management Plan Amendment is not consistent with Objective 4, policies 4.2 and 4.6, of the Transportation Element. The developer will be required to interconnect to (and extend) the existing Bicycle and Pedestrian System to serve this project. The following recommendations are made (all are requirements of the simultaneous PUD review that has been submitted): 1. Staff requests that the developer commit to pay-in-lieu for the LDC required 6' sidewalk along SR-29. Please detail this as a developer commitment in the Transportation section on Exhibit E of the PUD. .Payment would be required at the time of SDP application. The amount of the payment should follow l'DOT guidelines. 2. Connection to all existing and committed pedestrian facilities at the intersection of SR-29 and Westclox/New Market intersection is necessary. Off-site improvements (such as curb ramps and crosswalks)will be necessary to provide connection to this site. As an informational comment, the developer shall be required to make these connections at the time of SDP application. 3. Please add a developer commitment to install or fund, at no cost to Collier County, pedestrian facilities(ped-heads) at the time this intersection is signalized. Pedestrian crossing(s) at this intersection are site-related and are attributable to this development, as they would not be necessary to install without this proposed up- zoning. 4. Please provide a commitment to include bicycle racks within the PUD. Response: These comments have been addressed in the PUD sufficiency response letter rather than the GMP amendment. Transportation Element Objective 6 Policy 6.1: Demonstrate consistency with the MPO's Long Range Transportation Plan. SR-29 along the project frontage is demonstrated to have a "need" to be widened to 4LD, and is also within the SR-29 Loop Road study area. 7 Packet Page -1762- 3/10/2015 17.B. Ms.Michele Mosca Szgiciency Review of Growth Management Plan Amendment Petition PL20130001345/CP-2013-8, a Growth Management Plan amendment to the Immokalee Area Master Plan Element and Future Land Use Map of the Growth Management Plan October 7,2013 Page 8of8 Response: These comments have been addressed in the PUD sufficiency response letter rather than the GMP amendment. Transportation Element, Objective 12-Transit Requirements: Demonstrate consistency with Objective 12 of the Transportation Element by addressing Transit-related accommodations at, or within, the site. Note: The following requirement(s)are stated in the companion PUD review: Please provide transit facilities to serve alternative modes of transportation to this parcel. • County requests provision of a bus shelter within the site that will serve both Transit routes connecting to this facility, along with any necessary supporting easements and/or rights of entry. Please contact TrinitvScott@Colliergov.net or BrandvOtero @Colliergov.net to discuss design recommendations. ;Response: These comments have been addressed in the PUD sufficiency response letter rather than the GMT amendment. Please contact me if there are any questions. Sincgrely, D. Wayne Arnold,AICP cc: David B. Genson,PE Richard D. Yovanovich,Esq. GradyMinor File 8 • Packet Page -1763- 3/10/2015 17.B. Page separator only Packet Page -1764- 3/10/2015 17.B. s-r- Cws.-y ty Comprehensive Planning Section Memorandum February 4,2014 Sent Via E-Mail Mr.D.Wayne Arnold,AICP Q.Grady Minor and Associates,P.A. 3800 Via Del Rey Bonita Springs,FL 34134 and Mr.Richard Yovanovich,Esq. Coleman,Yovanovich and Koester,P.A. 4001 Tamiami Trail North,Suite 300 Naples,FL 34103 RE: Sufficiency Review of Growth Management Plan Amendment Petition PL20130001345/CP- 2013-8, a Growth Management Plan amendment to the Immokalee Area Master Plan Element and Future Land Use Map of the Growth Management Plan to allow the re-designation of+24.5 acres from the Neighborhood Center Subdistrict (±19.07 ac.) , Low Residential Subdistrict a-S.28 ac.) and High Residential Subdistrict x.20 ac.) to the S.R. 29 and Jefferson Avenue Commercial Subdistrict to accommodate a Large Format Retail Center of up to 162,000 sq.ft. Dear Mr.Arnold and Mr.Yovanovich: As a follow-up to the January 24, 2014 meeting concerning the market study/needs analysis for the above-referenced petition,below is list of items that should be addressed within the re-submittal. Market Study:Items 1-14 (1) Page 8,Household PPH figurer. Use a 4.0 pph figure,and also provide the pph studies referenced on page 7 of the Report.(Note:Comprehensive Planning's population figures include all population groups, including group quarters. So,the 4.17 pph figure from the 2010 Census is most accurate considering that pph figure includes all pop.groups, consistent with Comp.Planning data.) (2) Page 8:Delete the 3.75 pph and 3.5 pph figures and corresponding data,unless justification can be provided to support use of those figures.(Note:These figures have the potential to inflate the number of households,thereby resulting in greater retail expenditure figures.) (3) Page 8,Household Income:Evaluate the use of a weighted average for median household income rather than using the"mean"which has the potential for skewing income figures. 1 Packet Page-1765- 3/10/2015 17.B. • (4) Page 9,Table 4:Remove the 3.75 and 3.5 pph tables/data, unless justification can be provided to support the use of these figures/data. (5) Page 13,Expenditure tables: The consumer expenditure figure of 53.9%does not appear to be consistent with the manual calculation of 52%;accordingly,provide an explanation or revise to reflect the 52%figure. Also,provide a narrative with the consumer expenditures document that explains how the figures are characteristic of the Immokalee community, including age,race,expenditures,and etc. (6) Appendix A-2,Pages 13-17:Remove the 3.75 and 3.5 pph data,unless justification can be provided to support the use of these figures/data. (7) Page 16,4.0 PPH Table: This table provides community square feet demand for various categories for years 2015,2020 and 2025. Explain why square feet caps should not be imposed,consistent with these categories. (8) Appendix A-4,DP-1,page 4:The occupied household unit count is listed as 5,795 and the DP03(2009—2011)report lists a household unit count of 3,836;accordingly,please explain the difference in these figures. (9) Provide legible copy of the Consumer Expenditures document. (10) Economic Contribution Tables 1 and 2:(1) Employment figures/calculations appear to be inconsistent;accordingly,provide explanation/footnotes;and,(2)Table 2—provide raw data(on CD)for all employment data. (11) Economic Contribution Tables 3 and 4:(1)Employment figures/calculations appear to be inconsistent;accordingly, provide explanation/footnotes;and,(2)Table 4—provide raw data(on CD)for all employment data. (12) Pareto Improvement—If result of development leads to business closures/layoffs—explain how proposed project is a pareto improvement. (13) Economic Information,page 4 of 6,last paragraph:This statement may not necessarily be true if jobs aren't filled by Immokalee residents;remove,modify or provide explanation. (14) Economic Information,Tax Dollar Calculations,page 5 of 6:The square feet figure of 140,000 is not consistent with project's square feet figure of 162,000;please correct or provide an explanation. General Discussion Items — Evaluate Project's Impacts on Businesses within the Community (1) (This is a repeat from the staff letter dated,August 7,2013,and is the preferred approach to evaluating the project impacts.) Provide an economic and fiscal impact assessment. This analysis should address the following: (1) evaluate the impacts of the large format retailer on the local economy and community, i.e. (a.) identify goods and services offered by proposed retailer, forecast sales for each line of goods and services,and estimate jobs and wages associated with the forecast sales; and (b.)compare the proposed retailer's line of goods and services with existing local businesses to determine product overlap and if the new retailer provides additional choice;(2) evaluate how the existing retail/service economy will likely respond to the proposed retailer (i.e. estimate how much of the proposed retailer's projected sales will be drawn from existing retailers/service providers and how much will be new to the community);and, (3)evaluate the project's impact on retail/service 2 Packet Page-1766- . h ., w-r # e. • k` E ., ,S a 1 y{, 3/10/2015 17.B. • employment, wages, tax revenues, community's potential changes in spending patterns, costs to the County/CRA,and,etc. As an alternative,see number(2)below. (2) Windshield Survey: Evaluate competing commercial projects within the community to determine potential impacts (positive and/or negative). This evaluation should include employment impacts. (3) Calculate or estimate the capture rate of persons and/or households presently leaving Immokalee for goods and services(e.g.to Lehigh Acres, Naples,etc.)that may instead utilize the proposed project site. Please call me at 239.252.2466 should you have any questions. Regards, Michele R. osca,AICP Principal Planner cc:CP-2013-8 File 3 Packet Page -1767- 3/10/2015 17.B. Page separator only Packet Page -1768- 3/10/2015 17.B. FISHKIND & ASSOCIATES ECONOMIC CONSULTANTS MEMORANDUM TO: Michele R. Mosca, AICP Principal Planner Collier County Comprehensive Planning Section FROM: G. Russell Weyer Senior Associate SUBJECT: Re-submittal of market study/needs analysis report for GMP Amendment Petition PL20130001345/CP 2013-8 DATE: March 5, 2014 Michele R. Mosca, AICP Principal Planner Collier County Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 Dear Ms. Mosca, The following are responses to your sufficiency letter #2 questions dated February 4, 2014 regarding Growth Management Plan Amendment Petition PL20130001345/CP 2013-8: Market Study: Items 1-14 (1) Page 8, Household PPH figures: Use a 4.0 pph figure, and also provide the pph studies referenced on page 7 of the Report. (Note: Comprehensive Planning's population figures include all population groups, including group quarters. So, the 4.17 pph figure from the 2010 Census is most accurate considering that pph figure includes all pop. groups, consistent with Compo Planning data.) A: Took out 3.5 and 3.75 PPH portions of the report and only used 4.0 PPH. The two studies referenced on page 7 of the report are included with this response: The FGCU Immokalee Master Plan Economic Analysis Study and the RWA Data Analysis Rewrite 32410. 1415 Panther Lane, Suite 164 Naples, FL 34109 (239) 254-8585 Page 1 of 4 Packet Page -1769- 3/10/2015 17.B. (2) Page 8: Delete the 3.75 pph and 3.5 pph figures and corresponding data, unless justification can be provided to support use of those figures. (Note: These figures have the potential to inflate the number of households, thereby resulting in greater retail expenditure figures.) A: We took out the references to the 3.5 PPH and 3.75 PPH in the resubmitted report. (3) Page 8, Household Income: Evaluate the use of a weighted average for median household income rather than using the"mean"which has the potential for skewing income figures. A: The commercial needs analysis relies on consumer expenditure survey data from the Bureau of Labor statistics which is based on average incomes and average expenditures; therefore the analysis is also based on average incomes. We have included the Bureau of Labor Statistics CEX methodology for collecting data for the consumer expenditure surveys. The methodology explains why the mean and not the median is used in their collection methods. (4) Page 9, Table 4: Remove the 3.75 and 3.5 pph tables/data, unless justification can be provided to support the use of these figures/data. A: We took out the references to the 3.5 PPH and 3.75 PPH in the resubmitted report. (5) Page 13, Expenditure tables: The consumer expenditure figure of 53.9% does not appear to be consistent with the manual calculation of 52%; accordingly, provide an explanation or revise to reflect the 52% figure.Also, provide a narrative with the consumer expenditures document that explains how the figures are characteristic of the Immokalee community, including age, race, expenditures, and etc. The BLS CEX table provided with this response shows how the 53.9% is calculated. The attached Bureau of Labor Statistics data collection methodology document indicates that their methodology is impractical to narrow the focus of the survey to cover a small area such as Immokaiee. There are currently no known sources that track the spending patterns of the Immokalee therefore the BLS survey is considered the best available data. (6) Appendix A-2, Pages 13-17: Remove the 3.75 and 3.5 pph data, unless justification can be provided to support the use of these figures/data. A: We took out the references to the 3.5 PPH and 3.75 PPH in the resubmitted report. 1415 Panther Lane, Suite 164 Naples, FL 34109 (239) 254-8585 Page 2 of 4 Packet Page -1770- 3/10/2015 17.B. (7) Page 16,4.0 PPH Table: This table provides community square feet demand for various categories for years 2015, 2020 and 2025. Explain why square feet caps should not be imposed, consistent with these categories. A: The total square feet of the proposed large format retailer building is 162,000 square feet. The square footage of each category will be dictated by market demand. The supplier will adjust each category accordingly based on that market demand. (8)Appendix A-4, DP-I, page 4: The occupied household unit count is listed as 5J95 and the DP03{2009-2011) report lists a household unit count of 3,836; accordingly, please explain the difference in these figures. A: The difference in figures is due to the Census collection methodology. DP-1 is the complete decennial census from 2010 and DP-3 is the American Community Survey (also conducted by the Census Bureau), which is a three-year on-going estimate of a small percentage of the population rather than a complete census. (9) Provide legible copy of the Consumer Expenditures document. A: A legible copy of the BLS CEX table is provided as a part of this sufficiency response. (10) Economic Contribution Tables 1 and 2: (1) Employment figures/calculations appear to be inconsistent; accordingly, provide explanation/footnotes; and, (2) Table 2- provide raw data {on CD)for all employment data. A: The lmplan economic model default table only provides the top 10 job descriptions from the total direct, indirect and induced employment figures. Since Table 2 defaults to the top 10, there is no other raw data to provide. (11) Economic Contribution Tables 3 and 4: (1) Employment figures/calculations appear to be inconsistent; accordingly, provide explanation/footnotes; and, (2) Table 4 - provide raw data{on CD)for all employment data. A: The Implan economic model default table only provides the top 10 job descriptions from the total direct, indirect and induced employment figures. Since Table 2 defaults to the top 10, there is no other raw data to provide. (12) Pareto Improvement- If result of development leads to business closures/layoffs— • explain how proposed project is a pareto improvement. A: The focus of the revised report is on the numerical need calculation which shows that there is a net positive need for the development. 1415 Panther Lane, Suite 164 Naples, FL 34109 (239) 254-8585 Page 3 of 4 Packet Page -1771- 3/10/2015 17.B. (13) Economic Information, page 4 of 6, last paragraph: This statement may not necessarily be true if jobs aren't.filled by Immokalee residents; remove, modify or provide explanation. A: We have modified the statement by adding the word 'could' in the first sentence and added the last sentence noting that the unemployment rate should fall in a certain range depending on the number of Immokalee residents that are hired. (14) Economic Information, Tax Dollar Calculations, page 5 of 6: The square feet figure of 140,000 is not consistent with project's square feet figure of 162,000; please correct or provide an explanation. A: We corrected the project's square feet to 162,000 in the calculation. General Discussion Items - Evaluate Project's impacts on Businesses within the Community (1) {This is a repeat from the staff letter dated, August 7, 2013, and is the preferred approach to evaluating the project impacts.} Provide an economic and fiscal impact assessment. This analysis should address the following: {1} evaluate the impacts of the large format retailer on the local economy and community, i.e. {a.}identify goods and services offered by proposed retailer, forecast sales for each line of goods and services, and estimate jobs and wages associated with the forecast sales; and (b.}compare the proposed retailer's line of goods and services with existing local businesses to determine product overlap and if the new retailer provides additional choice; (2) evaluate how the existing retail/service economy will likely respond to the proposed retailer{i.e. estimate how much of the proposed retailer's projected sales will be drawn from existing retailers/service providers and how much will be new to the community); and, {3}evaluate the project's impact on retail/service 2 employment, wages, tax revenues, community's potential changes in spending patterns, costs to the County/CRA, and, etc. As an alternative, see number(2) below. (2) Windshield Survey: Evaluate competing commercial projects within the community to determine potential impacts (positive and/or negative). This evaluation should include employment impacts. (3) Calculate or estimate the capture rate of persons and/or households presently leaving Immokalee for goods and services (e .g. to Lehigh Acres, Naples, etc.)that may instead utilize the proposed project site. A: We have provided an analysis of the impact a large format retailer would have on the Mom & Pop businesses in lmmokalee and an analysis of the impact on the nearby regional and national chains. This analysis is complete with independent studies supporting the study. The independent studies provide empirical evidence and good sound post-development data on the effect of a large format retailer on local businesses. Included in this analysis are studies showing the pull factors that a large format retailer has on small rural communities like Immokalee. 1415 Panther Lane, Suite 164 Naples, FL 34109 (239) 254-8585 Page 4 of 4 Packet Page-1772- 3/10/2015 17.B. Page separator only • Packet Page-1773- 3/10/2015 17.B. Collier County Community Redevelopment Agency IMMOKALEE CRA CRA Board i The Place to Call Home l Commissioner Donna Fiala Chair l Michael Facundo Commissioner Chairman, Immokalee CRA Tom Henning Redlands Christian Migrant Association(RCMA) Commissioner 318 Washington Avenue Tim Nance Immokalee,FL 34142 Commissioner 239.658.3560 Fred W.Coyle MikeF @RCMA.org Commissioner Georgia Hiller Via email Collier County Planning Commission CRA Advisory Board Attn:Mark Strain,Chairman Michael Facundo Collier County Growth Management Division Chairman 2800 North Horseshoe Drive Edward"Ski"Olesky Naples,FL 34104 Robert Heiman MarkStrainCBCollierGov.net Ex-officio 239.252.4446 Julio Estremera Floyd Crews James Wall 1 April 22,2014 Carrie Williams Cristina Perez Eatil Null RE:CP-2013-8 Proposed Amendment to the Immokalee Area Master Plan for Large Format Frank Nappo Retailer MSTU Advisory Committee Dear Chairman Strain: Cherryle Thomas During the March 19,2014 Immokalee Community Redevelopment Agency(CRA)regular monthly Chair Advisory Board meeting,the Advisory Board voted unanimously in support of the above Lucy Ortiz William Deyo referenced amendment. However,the Advisory Board also passed a companion motion voicing its Andrea Hillman concern over the effect that this project will have on the local transportation network.See Norma Garcia minutes below. CRA Stair Although we are specifically concerned with the lack of signalization at the intersection of Bradley Muckel Westclox Road and SR 29(North 15th Street), we are also concerned with the overall volume of Executive Director traffic along the already busy and frequently congested SR 29 corridor.Items such as roadway(Interim) widening,acceleration/deceleration lanes,off-site pedestrian facilities(sidewalksfcrosswalks/CAT Christie Betancourt bus stops/etc) g CRA Administrative and street lights need to be addressed. Assistant James Sainvilus Please see that this letter is included in the agenda packet for next Tuesday's CCPC public meeting MSTU Project Manager in Immokalee,related to this proposed amendment. Feel free to contact me directly if you would Marie Capita like to discuss this matter. IBDC Manager Sincerely, ike Facundo I Cc:Michelle Mosca, Principal Planner,Collier County Comprehensive Planning Department Page 1 of 2 • Packet Page 01.1 3/10/2015 17.B. Minutes from the 3/19/14 Immokalee CRA Advisory Board Meeting: CRA Old Business a. CP-2013-8 Proposed Amendment to the IAMP for large scale retailer-Q&A(Enc 5) CRA staff provided board with a hard copy and email copy of the new back-up documentation in the application packet for the large scale retailer. Mr.Wayne Arnold reported that his firm updated the economic impact data in their packet and that the application would now go before the Collier County Planning Commission on Tuesday,April 29,2014 at 5:00 PM at the Immokalee High School auditorium. Notices will be sent out to residents within 500 ft.of the property and signs will be posted at the site location. The Collier County Growth Planning Department staff will provide translators at the meeting and will be sending out the meeting notice. Board Comments: • Floyd Crews would like to see road improvements on the corner of Westclox Road and State Road 29. • Frank Nappo supports the proposed amendments and he informed the board,public and staff that 125 families that live within the Immokalee Housing and Family Services area would benefit from a large retailer in their area, • Carrie Williams said she took a poll from her local bank and all were in support their only concern was traffic congestion and the cleanliness of the area. They said that most businesses in Immokalee don't keep up with the upkeep regarding the facades of their building and the parking lot areas. • Estil Null supports the proposed amendments but would like to know if roads are sufficient to handle a large retailer. Public Speakers on this item: • Paul Midney said he was in support of the proposed amendment. • Armando Yzaguirre who works with A&M Maintenance is in support of the proposed amendment. • Danny Gonzalez who owns Lozano's Restaurant in Immokalee is in support of the proposed amendment. He said that his family is expanding the restaurant and encourages competitive business. Action:Mr.Nappo made a motion to support CP-2013-8 Proposed Amendment to the Immokalee Area Master Plan for the large scale retailer. Ms. Williams seconded the motion and the motion passed by unanimous vote 7-0. Action: Mr Crews made a motion that the Advisory Board send a letter to the Collier Coon&Planning Commissioner to voice concern over the road traffic congestion that will be<conthig from CP-2913-8 Proposed Amendment to the Immokalee Area Master Plan for larger scale retailer. Mr. Nappo seconded the motion and the motion passed by unanimous vote 7-0 Other areas of concern that were discussed by the board were adding a stop light and a merge lane from New Market Road to SR 29. They would also like to see the MSTU triangle area either moved or made smaller. 2 Packet Page -1775- 3/10/2015 17.B. NAPLES DAILY NEWS K Wednesday,February 18,2015 K 3D PUBLIC NOTICE PUBLIC NOTICE -°s,PUBLIGNOTICE NOTICE OF PUBLIC HEARING "-""'" NOTICE OF INTENT TO CONSIDER ORDINANCES f Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on March 10,2015,at 9:00 A.M.,in the Board of County Commissioners chamber,Third Floor,Collier County Government Center,3299 E.Tamiami Trail,Naples,FL The purpose of the hearing is to consider. AN ORDINANCE AMENDING ORDINANCE 89-05,AS AMENDED,THE COWER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COWER COUNTY FLORIDA, SPECIFICALLY AMENDING THE IMMOKALEE AREA MASTER PLAN ELEMENT AND IMMOKALEEAREA FUTURE LAND USE MAP TO ADD APPROXIMATELY 24.99 ACRES TO THE SR-29 AND JEFFERSON AVENUE COMMERCIAL SUBDISTRICT OF THE URBAN-COMMERCIAL DISTRICT,TO ALLOW FOR THE DEVELOPMENT OF UP TO 162,000 SQUARE FEET OF C-1(COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT),C-2(COMMERCIAL CONVENIENCE DISTRICT),C-3(COMMERCIAL INTERMEDIATE DISTRICT), AND.C-4 (GENERAL COMMERCIAL DISTRICT) COMMERCIAL USES AS DESCRIBED IN THE LAND DEVELOPMENT CODE(LDC);TO'EXEMPT DEVELOPMENT ON THE, SUBJECT SITE FROM THE ARCHITECTURAL AND SITE DESIGN STANDARDS OF LDC SECTION 5.05.08, AND THE SIGN STANDARDS OF LDC SECTION 5.06.00;AND TO PROVIDE THAT ARCHITECTURAL, SITE DESIGN AND SIGN STANDARDS BE ESTABLISHED THROUGH THE REZONING OF THE SUBJECT SITE;PROVIDING FOR TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF WESTCLOX STREET AND STATE ROAD 29 IN SECTION 29,TOWNSHIP 46 SOUTH,RANGE 29 EAST,COLLIER COUNTY,FLORIDA. (PL20130001345/CP-2013-8) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA AMENDING ORDINANCE NO.2004-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FO}I THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE'ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL(A)ZONING DISTRICT WITH AMOBILE HOME OVERLAY(A-MHO)TO A COMMERCIAL PLANNED UNIT DEVELOPMENT(CPUD)ZONING DISTRICT WITHIN THE STATE ROAD 29 COMMERCIAL OVERLAY SUBDISTRICT(SR29COSD)TO ALLOW UP TO 162,000 SQUARE FEET OF COMMERCIAL USES FOR A PROJECT TO BE KNOWN AS THE SR29 CPUD ' ON PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF SR-29 AND WESTCLOX STREET IN SECTION 29,TOWNSHIP 46 SOUTH,RANGE 29 EAST,COLLIER COUNTY,FLORIDA CONSISTING OF 24.99*ACRES;AND BY PROVIDING AN EFFECTIVE DATE.(PUDZ-PL20130001241) II :,I 1I� • it• All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the Planning &Zoning Department,Comprehensive Planning Section, 2800 N. Horseshoe Dr.,Naples,FL.,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,fourth floor,suite 401, Collier County Government Center, East Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Planning &Zoning Department, Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to March 10,2015 will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record. includes the testimony and evidence upon which the appeal is to be based. • if you are a person with a disability who needs any accommodation in order to participate in this proceeding, • you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department,located at 3335 Tamlami Trail East,Suite#101,Naples,FL 34112-5356, (239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN. DWIGHT E.BROCK,CLERK ' By: Teresa Cannon • Deputy Clark(SEAL) No.231123958 February 18.2015 Packet Page -1776--- .. r. a a,: �°; ,r-k „', . V;44tf Ai..k ,, �