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Agenda 09/25/2018 Item #9B09/25/2018 EXECUTIVE SUMMARY Recommendation to approve petition PL20170003768/CPSS-2018-1, a Growth Management Plan Small Scale Amendment specific to the Seed to Table Commercial Subdistrict and adopt the proposed ordinance. (Adoption Hearing) (This is a Companion to Agenda Item 9.C) OBJECTIVE: For the Board of County Commissioners (Board) to approve (adopt) the proposed small - scale Growth Management Plan amendment and approve the amendment for transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: The subject petition is submitted as a small-scale comprehensive plan amendment. As such, per Florida Statutes, the request is heard once only by the Collier County Planning Commission and the Board. If approved by the Board, the petition is transmitted to the Florida Department of Economic Opportunity (DEO). The GMP amendment requested is for approximately 6.33 acres located on the west side of Livingston Road, north of the terminus of Piper Boulevard and north of Immokalee Road (CR 846), in Section 24, Township 48 South, Range 25 East. (North Naples Planning Community). The 6.33 acres comprise a portion of a larger tax parcel owned by Collier County. This petition seeks to amend the GMP, adopted by Ordinance No. 89-05, as amended, specifically amending the Future Land Use Element (FLUE) and Future Land Use Map (FLUM) Series by: Adding text, and amending the FLUM to establish the new Seed to Table Commercial Subdistrict, within the Urban Commercial District, to facilitate development of a parking lot, and for public utilities facilities and services. The parking lot is for employees of the Oakes Farms/Seed to Table store across Livingston Road to the east (beyond the number of parking spaces required by the Land Development Code for that store), and for the public using the Collier Area Transit (CAT) bus system as a park and ride location. The proposed amended Subdistrict text, as recommended by the Collier County Planning Commission (CCPC), is depicted in Ordinance Exhibit “A.” The process for adoption of a small-scale comprehensive plan amendment requires (in part) the following statutory standards be met [followed by staff analysis in bracketed text]. (1) A small-scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. [The proposed amendment pertains to a 6.33-acre property.] (b) The cumulative annual effect of the acreage for all small-scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. [Thus far, two small-scale GMP amendments have been adopted in calendar year 2018 for a total of +11.15 acres (5.35 + 5.8).] (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government’s comprehensive plan, but only proposes a land use change to the future land use map for site-specific small-scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small-scale future land use map amendment shall be permissible under this section. [This amendment is for a site- 9.B Packet Pg. 256 09/25/2018 specific Future Land Use Map change and directly-related text changes.] (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004 (3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to 380.05 (1). [The subject property is not within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. [Internal consistency will be maintained between and among elements if the amendment is approved.] Based on the review of this small-scale GMP amendment petition, including the supporting data and analysis, staff makes the following findings and conclusions:  The site is encumbered by an FPL easement and contains overhead electric transmission lines.  The subject site is undeveloped, zoned RSF-3, Residential Single Family, and is designated Urban Residential Subdistrict on the GMP’s Future Land Use Map.  The proposed CAT park and ride facilities and public utilities uses are allowed as essential services which are consistent with the existing FLUM designation (i.e., those uses do not require this GMP amendment).  The site is bounded: to the east and south by arterial roads; to the north by an undeveloped RSF-3 zoned parcel also encumbered by an FPL easement containing overhead electric transmission lines; and, to the west by a utility pump station, an FPL electric substation, and a +150 feet wide strip of vegetation on the remaining portion of the County-owned parcel of which the subject site is a portion.  There are no infrastructure related concerns. There are no adverse impact concerns for environmental or cultural resources. The proposed employee parking lot use is compatible with the surrounding area based upon a macro view (Zoning Services Section staff conduct a more detailed compatibility review as part of their review of the PUD rezone petition where considerations include location of the parking lot and access drives, landscape buffers and open space, parking lot lighting, surrounding land uses, etc.). The data and analysis provided for the amendment supports the proposed changes to the FLUE. The complete staff analysis of this petition is provided in the CCPC Staff Report. FISCAL IMPACT: The cost to process, review and advertise this petition was borne by the petitioner via application and advertisement fees. Therefore, there are no fiscal impacts to Collier County as a result of the adoption of this amendment. GROWTH MANAGEMENT IMPACT: Approval (adoption) of the proposed amendment by the Board for transmittal to the Florida Department of Economic Opportunity (DEO) will commence the thirty-day (30) challenge period for any affected person. Provided the small -scale development amendment is not challenged, it shall become effective thirty-one (31) days after receipt by DEO. LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following criteria in making its decision: “plan amendments shall be based on relevant and appropriate data and an analysis by the local government that may include but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the plan amendment. To 9.B Packet Pg. 257 09/25/2018 be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue.” Section 163.3177(1)(f), FS. In addition, Section 163.3177(6)(a)2, FS provides that FLUE plan amendments shall be based on surveys, studies and data regarding the area, as applicable including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination o f non-conforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The need to modify land uses and development patterns with antiquated subdivisions. i. The discouragement of urban sprawl. j. The need for job creation, capital investment and economic development that will strengthen and diversify the community’s economy. And FLUE map amendments shall also be based upon the following analysis per Section 163.3177(6)(a)8.: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. This item is approved as to form and legality. It requires a super-majority vote for approval because this is an adoption hearing. [HFAC] STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the CCPC forward petition PL20170003768/CPSS-2018-1 to the Board with a recommendation of approval. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their meeting on August 16, 2018, and voted 5-1 (Ebert dissented) to forward the petition to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity. Dissenter concerns included that the commercial development generating the need for this request to amend the GMP for, and rezone, the subject site - Seed to Table store - should also be part of the discussion of this petition (and companion PUD rezone petition). There were eight public speakers, all of which expressed concerns and which are more relevant to the companion PUD rezone petition as that petition provides more details about the proposed uses and site design. These concerns and opinions included: pedestrian safety crossing Livingston Road; environmental impacts/displacement of native wildlife; difficulty in enforcing PUD provisions related to use and monitoring of the parking lot; this is not an appropriate location for this parking lot, and planning for parking needs should have occurred before the Seed to Table store was being “built” (former Albertson’s store being remodeled); parking lot will negatively affect nearby residential neighborhoods and undeveloped residentially zoned land, including lighting in the parking lot; traffic impacts and safety 9.B Packet Pg. 258 09/25/2018 regarding shuttling of employees from the parking lot across Livingston Road to the Seed to Table store; inducement for residential traffic in Carlton Lakes PUD (on east side of Livingston Road) to exit the northly ingress/egress point in that PUD onto Livingston Road thereby exacerbating traffic conditions at that intersection; impact upon taxpayers if the land lease with Collier County for the subject site doesn’t reflect the commercial value of the site; no analysis provided regarding FLUE Policy 5.6 pertaining to the proposed uses being “complimentary to surrounding land uses;” the PUD rezone petition amounts to contract zoning; and, temporary uses, as provided for in the Land Development Code, should be prohibited as well as use of the lot by vendors of Seed to Table [the CCPC motion to approve the PUD rezone petition included both of these prohibitions]. RECOMMENDATION: To adopt the proposed ordinance for petition PL20170003768/CPSS-2018-1 and transmit it to the Florida Department of Economic Opportunity. Prepared by: David Weeks, AICP, Growth Management Manager, Zoning Division ATTACHMENT(S) 1. CCPC Staff Rpt CPSS-2018-1a (PDF) 2. Ordinance - 081718 (PDF) 3. [Linked] Seed to Table - SSGMPA Petition (PDF) 4. PL20170003768_CPSS-2018-1 NDN Ad as posted 9.5.18 (PDF) 5. CM office: Connor Foord email & objection letter (MSG) 9.B Packet Pg. 259 09/25/2018 COLLIER COUNTY Board of County Commissioners Item Number: 9.B Doc ID: 6408 Item Summary: Recommendation to approve petition PL20170003768/CPSS-2018-1, a Growth Management Plan Small Scale Amendment specific to the Seed to Table Commercial Subdistrict and adopt the proposed ordinance. (Adoption Hearing) (This is a Companion to Agenda Item 9.C) Meeting Date: 09/25/2018 Prepared by: Title: Planner, Senior – Zoning Name: Marcia R Kendall 08/21/2018 10:38 AM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 08/21/2018 10:38 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 08/21/2018 1:59 PM Zoning Michael Bosi Additional Reviewer Completed 08/24/2018 11:44 AM Growth Management Department David Weeks Additional Reviewer Completed 08/27/2018 2:34 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 08/27/2018 3:59 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/31/2018 11:00 AM Growth Management Department James C French Deputy Department Head Review Completed 08/31/2018 4:35 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/04/2018 7:16 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/04/2018 3:16 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 09/06/2018 9:49 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/15/2018 9:44 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM 9.B Packet Pg. 260 PL20170003768/CPSS-2018-1 1 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: August 16, 2018 RE: PETITION PL20170003768/CPSS-2018-1, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT (Companion to petition PUDZ- PL20170003766, Seed To Table) [ADOPTION HEARING] AGENT/APPLICANT/OWNER Agents: Bryan Milk, AICP 13180 Livingston Road, Suite 204 Naples, FL 34109 Robert Mulhere, FAICP Hole Montes 950 Encore Way Naples, FL 34110 Richard Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Applicant/Lessee: Oakes Farms, Inc. - Alfie Oakes, President c/o Brian Howell Phoenix Associates of Florida, Inc. 13180 Livingston Road, Suite 204 Naples, FL 34109 Owner: Collier County c/o Real Property Management Division 3335 Tamiami Trail East, Suite 101 Naples, FL 34112 9.B.1 Packet Pg. 261 Attachment: CCPC Staff Rpt CPSS-2018-1a (6408 : Seed to Table small scale GMPA) PL20170003768/CPSS-2018-1 2 GEOGRAPHIC LOCATION: The subject property, comprising +6.33 acres of a 17.09-acre parcel, is located north of the easterly terminus of Piper Boulevard and at the northwest corner of Immokalee Road (CR 846) and Livingston Road, in Section 24, Township 48 South, Range 25 East, within the North Naples Planning Community. (see subject site below) (see entire 17.09-acre tax parcel below) 9.B.1 Packet Pg. 262 Attachment: CCPC Staff Rpt CPSS-2018-1a (6408 : Seed to Table small scale GMPA) PL20170003768/CPSS-2018-1 3 REQUESTED ACTION: The applicant proposes a small-scale Growth Management Plan amendment to the Future Land Use Element (FLUE) and Future Land Use Map (FLUM), specifically to establish the new Seed To Table Commercial Subdistrict, affecting fewer than ten (10) acres, by: 1) Amending Policy 1.5B. Urban – Commercial District, to add the Seed To Table Commercial Subdistrict; 2) Amending Urban Designation provisions to add the new Subdistrict name where various Subdistricts that allow commercial uses are listed; 3) Amending the Urban – Commercial District to add the new Subdistrict provisions; 4) Amending the Future Land Use Map Series listing to add the title of the new Subdistrict map; and 5) Amending the Future Land Use Map to depict the new Subdistrict, and adding a new Future Land Use Map Series inset map that depicts the new Subdistrict. The proposed amended/added text and maps are depicted on Ordinance Exhibit A’s. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting this change to facilitate development of a parking lot for employees of the Oakes Farms/Seed to Table store across Livingston Road to the east (beyond the number of parking spaces required by the Land Development Code (LDC)) and for the public using the Collier Area Transit (CAT) bus system as a park and ride location, and for public utilities facilities and services. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subject Property: The subject 6.33-acre site, which is a portion of a 17.09-acre tax parcel, is undeveloped though mostly cleared; overhead electric transmission lines run through the property in a north -south direction within the FPL easement that encumbers the site. The site is zoned RSF-3, Residential Single Family, three dwelling units per acre; and, it is designated Urban Mixed Use District, Urban Residential Subdistrict and is within a residential density band. Roughly the east one-half of the tax parcel is comprised of Livingston Road right-of-way. Surrounding Lands: North: Undeveloped property containing overhead FPL transmission lines within FPL easement; zoned RSF-3; and, designated Urban – Mixed Use District, Urban Residential Subdistrict, and within a residential density band. East: Across Livingston Road, multi-family dwelling units and a former chain grocery store being renovated as an Oaks Farms/Seed to Table store; zoned PUD (Carlton Lakes); and designated Urban – Mixed Use District, Urban Residential Subdistrict, and within a residential density band. 9.B.1 Packet Pg. 263 Attachment: CCPC Staff Rpt CPSS-2018-1a (6408 : Seed to Table small scale GMPA) PL20170003768/CPSS-2018-1 4 South: Across Immokalee Road, undeveloped property containing overhead FPL transmission lines within FPL easement; zoned PUD, Planned Unit Development (Pelican Marsh); designated Urban – Mixed Use District, Urban Residential Subdistrict, and within a residential density band. To the southeast and southwest are multi-family developments zoned April Circle and Pelican Marsh PUD, respectively. West: Undeveloped and wooded portion of the parent tax parcel owned by Collier County (+150 feet wide) then single family dwelling units, an FPL substation, and a Collier County utilities pump station; zoned RSF-3; designated Urban – Mixed Use District, Urban Residential Subdistrict, and within a residential density band. Identification and Analysis of the Pertinent Small-Scale Comprehensive Plan (GMP) Amendment Criteria in Florida Statutes, Chapter 163.3187: Process for adoption of small-scale comprehensive plan amendment, followed by staff analysis in bracketed bold text. (1) A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. [The proposed amendment pertains to a 6.33-acre site.] (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. [Thus far, two small scale GMP amendments have been adopted in calendar year 2018 for a total of +11.15 acres (5.35 + 5.8).] (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government’s comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section. [This amendment is for a site-specific Future Land Use Map change and directly related text change.] (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. [Internal consistency will be maintained if the GMP amendment is approved.] BACKGROUND AND ANALYSIS: The subject site is proposed to be developed with a parking lot and Collier County utility facilities and services. The parking lot will be for employees of the grocery store across Livingston Road to the east (former chain grocery store being renovated for an Oakes Farms/Seed to Table store) but not for patrons, and the parking provided will be beyond that required by the LDC; all LDC - required parking will be provided on the same site as the store. A portion of the parking lot will 9.B.1 Packet Pg. 264 Attachment: CCPC Staff Rpt CPSS-2018-1a (6408 : Seed to Table small scale GMPA) PL20170003768/CPSS-2018-1 5 be used for the CAT park and ride patrons. The utilities and CAT parking uses are essential services allowed by the FLUE; the employee parking aspect of the parking lot is a commercial use which necessitates this GMP amendment petition. Therefore, the focus of staff review is on the employee parking use (review of the companion PUD rezone petition considers all uses proposed for the site). The specific and limited nature of this GMP amendment is different than the typical request for a commercial subdistrict. There are no commercial uses proposed to serve the public – no retail, office, personal service, etc. uses are proposed. As such, the typical needs analysis or market study is not necessary. Instead, considerations are focused upon compatibility with the surrounding area, infrastructure impacts, and suitability of the site as pertains to environ mental and cultural resources. Though specific compatibility review is deferred to Zoning Services staff as part of the detailed review of the companion PUD rezone petition where specific compatibility measures are appropriately considered, Comprehensive Planning staff finds the proposed GMP amendment to be generally compatible with surrounding land uses and offers these comments: noise generated from the site should primarily be from vehicles entering and exiting and is expected to occur primarily during employee shift changes, as well as some noise from employee interactions with one another; glare from vehicle lights should be mitigated by perimeter landscaping; parking lot lights should be shielded to prevent glare upon abutting properties; and, there should be minimal odor generated from the site, primarily vehicle exhaust fumes. The public facilities impact analysis indicates no concern for category A public facilities – arterial and collector roads, potable water, wastewater, solid waste, drainage, park and recreational facilities – or other facilities including schools, emergency medical services (EMS) and fire. This project in and of itself has minimal impacts upon public infrastructure as: • There are no water and wastewater facilities proposed for the site. • There is no typical use on site to generate traffic – traffic demand is related to the grocery store across Livingston Road and the proposed parking lot is for employee parking only and only more than that required by the LDC; details of site access and operational issues are appropriately addressed as part of the companion PUD rezone review. • Generation of solid waste should be minimal as there is no typical commercial use on the site. • Storm water management facilities will be provided per LDC requirements, the same as any other commercial project. • There is no residential use to generate demand for parks and recreation facilities or public schools. • There should be minimal impact upon fire, EMS and law enforcement services given the type of development proposed and limited activity on the site. Application materials as well as staff review of the site yields no cultural resources present and minimal native vegetation. A letter was received from the Florida Master Site File concerning recorded archaeological or historical sites indicating no known presence of such resources. (The Florida Master Site File is maintained by the Florida Department of State, Division of Historical Resources. Per that agency’s website, the File “is the State of Florida's official inventory of historical, cultural resources.”) The project is subject to Conservation and Coastal Management Element (CCME) Policy 11.1.3, concerning accidental discovery of archaeological or historical sites, should any archaeological or historical sites be found on the property. The provision is also included in Subsection 2.03.07 E of the Land Development Code (LDC). 9.B.1 Packet Pg. 265 Attachment: CCPC Staff Rpt CPSS-2018-1a (6408 : Seed to Table small scale GMPA) PL20170003768/CPSS-2018-1 6 The proposed GMP amendment will have no effect on the Conservation and Coastal Management Element as it relates to preservation and protection of native vegetation and listed species of wildlife. Criteria for GMP Amendments in Florida Statutes Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically as listed below. Section 163.3177(1)(f), Florida Statutes: (f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government that may include, but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. 1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys, data, and supporting documents for proposed plans and plan amendments shall be made available for public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be clearly based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. 2. Data must be taken from professionally accepted sources. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated. However, the evaluation may not include whether one accepted methodology is better than another. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. 3. The comprehensive plan shall be based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research or generated by the local government based upon a professionally acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. Absent physical limitations on population growth, population projections for each municipality, and the unincorporated area within a county must, at a minimum, be reflective of each area’s proportional share of the total county population and the total county population growth. Section 163.3177(6)(a)2.: 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. 9.B.1 Packet Pg. 266 Attachment: CCPC Staff Rpt CPSS-2018-1a (6408 : Seed to Table small scale GMPA) PL20170003768/CPSS-2018-1 7 e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy. j. The need to modify land uses and development patterns within antiquated subdivisions. Section 163.3177(6)(a)8., Florida Statutes: (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. Also, the state land planning agency has historically recognized the consideration of community desires (e.g. if the community has an articulated vision for an area as to the type of development desired, such as within a Community Redevelopment Area), and existing incompatibilities (e.g. presently allowed uses would be incompatible with surrounding uses and conditions). NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05 F was held on May 31, 2018, 5:30 p.m. at North Collier Regional Library headquarters, located at 2385 Orange Blossom Drive, Naples, FL 34108. This NIM was advertised, noticed and held jointly for this small scale GMP amendment petition and companion PUD rezone petition. The applicant team gave a presentation and responded to questions and comments. Several members of the public spoke, asking questions/seeking more information, expressing concerns, and expressing support for the Oakes Farms store. Concerns included: after hours illicit use of the parking lot; security of the parking lot; lighting for the parking lot and its impacts on neighborhood; increased traffic on Piper Blvd.; traffic impacts/concerns at Livingston Road/ Immokalee Road intersection. A total of 40-45 members of the public attended the NIM, in addition to the applicant’s team and County staff. The NIM minutes or notes, prepared by the applicant team, are included with the companion PUD rezone petition. The meeting was ended at approximately 7:05 pm. 9.B.1 Packet Pg. 267 Attachment: CCPC Staff Rpt CPSS-2018-1a (6408 : Seed to Table small scale GMPA) PL20170003768/CPSS-2018-1 8 [synopsis prepared by David Weeks, AICP, Growth Management Manager] FINDING AND CONCLUSIONS: • The site is encumbered by an FPL easement and contains overhead electric transmission lines. • The subject site is undeveloped, zoned RSF-3, Residential Single Family, and is designated Urban Residential Subdistrict on the GMP’s Future Land Use Map (FLUM). • The proposed CAT park and ride facilities and public utilities uses are allowed as essential services which are consistent with the existing FLUM designation (i.e. those uses do not require this GMP amendment). • The site is bounded: to the east and south by arterial roads; to the north b y an undeveloped RSF-3 zoned parcel also encumbered by an FPL easement containing overhead electric distribution lines; and, to the west by a utility pump station, an FPL electric substation, and a +150 feet wide strip of vegetation on the remaining portion of the County-owned parcel of which the subject site is a portion. • There are no infrastructure related concerns. • There are no adverse impact concerns for environmental or cultural resources. • The proposed employee parking lot use is generally compatible with the surrounding area. LEGAL CONSIDERATIONS: This Staff Report was reviewed by the County Attorney’s Office. The criteria for GMP amendments to the Future Land Use Element and map series are in Sections 163.3177(1)(f) and 163.3177(6)(a)2 and 163.3177(6)(a)8, Florida Statutes. [HFAC] STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PL20170003768/CPSS-2018-1 to the Board of County Commissioners with a recommendation to approve for adoption and transmittal to the Florida Department of Economic Opportunity. Prepared By: David Weeks, AICP, Growth Management Manager Comprehensive Planning Section, Zoning Division Petition Number: PL20170003768/CPSS-2018-1 Staff Report for August 16, 2018 CCPC meeting NOTE: This petition has been scheduled for the September 25, 2018 BCC meeting. CCPC Staff Rpt CPSS-2018-1a G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2018 Cycles & Smalls\2018 Small Scale petitions\CPSS-18-1 Seed to Table prkg lot\CCPC dw/7-26-18 9.B.1 Packet Pg. 268 Attachment: CCPC Staff Rpt CPSS-2018-1a (6408 : Seed to Table small scale GMPA) 9.B.2 Packet Pg. 269 Attachment: Ordinance - 081718 (6408 : Seed to Table small scale GMPA) 9.B.2 Packet Pg. 270 Attachment: Ordinance - 081718 (6408 : Seed to Table small scale GMPA) 9.B.2 Packet Pg. 271 Attachment: Ordinance - 081718 (6408 : Seed to Table small scale GMPA) 9.B.2 Packet Pg. 272 Attachment: Ordinance - 081718 (6408 : Seed to Table small scale GMPA) 9.B.2 Packet Pg. 273 Attachment: Ordinance - 081718 (6408 : Seed to Table small scale GMPA) 9.B.2 Packet Pg. 274 Attachment: Ordinance - 081718 (6408 : Seed to Table small scale GMPA) 9.B.2 Packet Pg. 275 Attachment: Ordinance - 081718 (6408 : Seed to Table small scale GMPA) 9.B.2Packet Pg. 276Attachment: Ordinance - 081718 (6408 : Seed to Table small scale GMPA) 9.B.4 Packet Pg. 277 Attachment: PL20170003768_CPSS-2018-1 NDN Ad as posted 9.5.18 (6408 : Seed to Table small scale GMPA) 1 CoxMichael From:BosiMichael Sent:Monday, September 10, 2018 9:21 AM To:SaboJames; WeeksDavid Cc:KendallMarcia; BellowsRay; BrockMaryJo Subject:FW: Connor Foord letter Attachments:Connor Jay Foord letter RE Oakes Farm parking lot.pdf Importance:High Please add this to the agenda packet, with follow up e-mail from Nick to register this person as an objector to the project. Thanks, mike From:CasalanguidaNick Sent:Monday, September 10, 2018 8:54 AM To:CohenThaddeus <Thaddeus.Cohen@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov> Cc:OchsLeo <Leo.Ochs@colliercountyfl.gov> Subject:Connor Foord letter Importance:High Please include this in the package for seed to table as a registered objector……Thank you Nick Casalanguida Collier County, Deputy Manager NickCasalanguida@CollierGov.net 239-252-8383 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 9.B.5 Packet Pg. 278 Attachment: CM office: Connor Foord email & objection letter (6408 : Seed to Table small scale GMPA) Pre -application Meeting Notes 1111/17 at 1:30 pm in Conference Room B GMPA pre -application meeting (held jointly with PUDZ pre -app) to create a Subdistrict to allow for a joint use parking lot [PL20170003766 (PUDA) and PL20170003768 (GMPA)] Location: NW corner of Livingston & Immokalee Roads in 24-4825 Folio #: 00162960004 Zoning: RSF-3 Future Land Use Designation: Urban Residential Subdistirct Existing Use: undeveloped (encumbered by FPL easement containing electric distribution lines) Petitioner comments: Parking lot primarily to serve employees of Oakes Farms store in Carlton Lakes PUD across the street at NE corner of Livingston/Immokalee Roads., but may also allow customer parking with valet service, and intend to provide public parking spaces/CAT park 'n ride stop. All parking is in excess of that required for the store; all required parking is located on the store site. Anticipate shuttle service to take employees from parking lot to the store. Expect employee parking portion of lot to be gated. Single entrance/exit on Livingston Road towards northern end of the site. There may be an emergency exit onto Piper Blvd. and/or a connection to Piper Blvd. fo'r sole use by CAT bus. Property is owned by Collier County; petitioner is pursuing a lease agreement — which will be for <10 acres of the 17 -acre parcel. . Petitioner will also need a r/w permit from FPL — which will impose certain restrictions such as limited height of plantings such that deviations may be needed from LDC requirements (this would be in the PUD). Staff comments: • Should qualify for Small Scale GMPA under Ch. 163.3184, F.S. • Suggest a new Subdistrict to be located in the Urban Commercial District. Identify in the Subdistrict the purpose for the parking lot and identify the intended users (employee parking; public use with CAT, customers, perhaps), • Need to address provisions in Ch. 163.3177(6)(a)2.a. j. and 8.a. -c.; some responses may be n/a or otherwise brief. [this statutory reference and sample responses emailed to Bryan Milk on 11 /1 /17]j • No specific data & analysis required as would typically occur for a GMPA seeking approval for commercial use but should provide a thorough, detailed narrative explaining the proposed uses and why needed as well as public benefit provided. • IF number of parking spaces for employee parking is deemed to run afoul of LDC limit on amount of parking allowed in excess of that required (for the store), then can address in the Subdistrict; this may include stating that the LDC limit exceeded can only be used as required parking if the petitioner owns the site (Heidi's comment). • Public Utilities may need an easement (CUE) on the site. • $500.00 pre -app fee paid. Attendees: Petitioner team: Rich Yovanovich, Bryan Milk, Brian Howell Staff: Fred Reischl (for PUDZ), David Weeks (for GMPA), Mike Bosi, Summer Araque, Camden Smith, Mike Levy, Jamie French, Craig Pajer, Eric Fey, Omar DeLeon, Peter Shawinsky, Mike Dumais, Laurie Beard, Mike Sawyer, Mark Templeton, Danny Condomina, Jessica Velasco, Erin Josephitis, Heidi F. Ashton-Cicko, unlD'd male from Fire, unlD'd female from Public Utilities. I1-1-17 GMPA-pre-apnoles dw111-1.17 G:jCDES P.lamliog,Semices�Comprehensive\Comp Planning GMP DATA\Comp Plan AmendmenlsV2017 Cycles & Small Scale Pelilloos�prwpp meelings to 2017 11-147 Seed to Tahle parkhig IN Go, r k-�Ounty WI-It...-Ift COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre - Application Meeting Notes Petition Type-, Date and Time: Assigned Planner: Fred Reischl Engineering Manager (for PPDs and FP's): Project Information Project Name: Seed to Table - Additional Parking 2017066 PL #: 0037 / ffo-�) L 0 7 C Property ll) #: 162960004 Current Zoning: Project Address: 4 925 LivingstonCftq: Naples state: FL Zip: 34110 Applicant: Phoenix Associates of South Florida Phone: 239-596-9111 Agent/Firm Address: 13180 Livingston Rd �fy:204 Naplegtate: FL Zip: 34109 Collier County Please provide the following, if applicable: 0 1 Total Acreage: 17.09 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 10/13/2017 Page 1 1 of 5 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new for is included in your pre -app Note — link is ttttPsjj n t4%4 Cal k-�-r t- 1-T 12 k-,%-r%A Disclainner- Information pro vitded by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not hilly outline what is needed. It is the applicant's responsibility to provide all required data. Updated 10/13/2017 Page 1 2 of 5 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coll, Le et �n (239) 252-2400 Meeting Notes 5' 05 4 4'>"� Lit. , Disckaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations w/71ch all applications must satisfy. Any checklists provided of required data for af7 application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 10/13/2017 Page 1 3 of 5 I COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.co400 Pre-Appi !cation Meeting Sign"In Sheet PL# 2,0170003766 Collier County Contact Information: Name Review Discipline Phone Email Ell David Anthony Environmental Review 252-2497 davidanthony@colliergov.net Summer Araque Environmental Review 252-6290 summerbrownaraque@colIiergov.net F1 Claudine Auclair GMD Operations and Regulatory Management 252-5887 claudineauclair@colliergov.het 0 Steve Baluch Transportation Planning 252-2361 stephenbaluch@colliergov.net Ell Ray Bellows Zoning, Planning Manager 252-2463 raymondbellows@colliergov.net Laurie Beard PUD Monitoring 252-5782 lauriebeard@colliergov.net Dj Craig Brown Environmental Specialist 252-2548 craigbrown@colliergov.net V Held! Ashton Cicko Managing Asst. County Attorney 252-8773 heidiashton@colliergov.net 0 /John DeBlasis Zoning Services / Planning Tech 252-1050 johndeblasis@colliergov.net V-1 Kay Deselern Zoning Services 252-2586 kaydeselem@colliergov.net El Dale Fey North Collier Fire 597-9227 dfey@northcollierfire.com ❑ Eric Fey, P.E. Utility Planning 252-1037 ericfey@colliergov.net Tim Finn, AlCP Zoning Division 252-4312 timothvfinn@colliergov.net El Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net El Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net James French Growth Management Deputy Department Head 252-5717 jamesfrench@colliergov.net Michael Gibbons Structural/Residential Plan Review 252-2426 michaelgibbons@colliergov.net 01' Storm Gewirtz, P.E. Engineering Stormwater 252-2434 stormgewirtz@colliergov.net 01 Nancy Gundlach, AlCP, PLA Zoning Division 252-2484 nancygundlach@colliergov.net 01, Shar Hingson Greater Naples Fire District 774-2800 shingson@gnfire.org 0" John Houldsworth Engineering Subdivision 252-5757 johnhouIdsworth@colliergov.net El Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net 11 Alicia Humphries Right -Of -Way Permitting 252-2326 aliciahumphries@colliergov.net I I Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net John Kelly Zoning Senior Planner 252-5719 johnkelly@colliergov.net Eli Garrett Louviere, P.E. Transportation Planning 252-2526 garrettlouviere@colliergov.net F!, Thomas Mastroberto, Greater Naples Fire 252-7348 thomasmastroberto@colliergov.net Ell Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov,net J Matt McLean, P.E. Development Review Director 252-8279 matthewmclean@colliergov.net Updated 10/13/2017 Page 1 4 of 5 ell% r County COLLIER COUNTY GOVERNMENT www.colliergov.ne NAPLES, FLORIDA 34104 1239) 252-2400 01" Michele Mosca, AICP Capital Project Planning 252-2466 michelemosca@colliergov.net L1 Annis Moxam Addressing 252-5519 annismoxam@colliergov.net El Stefanie Nawrock! Development Review - Zoning 252-2313 stefanienawrocki@colliergov.net 0 Richard Orth Stormwater Planning 252-5092 richardorth@colliergov.net E! Brandy Otero Transit 252-5859 brandyotero@colliergov.net E Brandi Pollard Utility Impact fees 252-6237 brandipollard@colIiergov.net V?�Fred Reischl, AICP Zoning Division 252-4211 fredreischl@colliergov.net Todd Riggall North Collier Fire 597-9227 triggail@northcollierfire.com Daniel Roman, P.E. Engineering Utilities 252-2538 danielroman@colliergov,net Cl Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brettrosenblum@colliergov.net 011 James Sabo, AICP Zoning Principal Planner jamessabo@colliergo.net V'Michael Sawyer Transportation Planning 252-2926 mictiaelsawyer@colliergov.net E-11 Corby Schmidt, AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net F1 / Chris Scott, AICP Development Review - Zoning 252-2460 chrisscott@colliergov.net Peter Shawinsky Architectural Review 252-8523 petershawinsky@colliergov.net Camden Smith Zoning Division Operations 252-1042 camdensmith@colliergov.net ❑ Scott Stone Assistant County Attorney 252-5740 scottstone@colliergov,net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net U'01�1'mark Templeton Landscape Review 252-2475 marktempleton@colliergov.net Ur"Jessica Velasco, Zoning Division Operations 252-2584 jessicavelasco@colliergov.net E Jon Walsh, P.E. Building Review 252-2962 jonathanwalsh@colliergov.net David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net Christine Willoughby Development Review - Zoning 252-5748 christinewilloughby@colliergov.net Name MW4 Ww6w.. Representing Phoe /V I- X"- c-- am= GA" I 5 u- Updated 10/13/2017 f -V OPS 25 Pa o5 (4�i 4 ica, 1 -7 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT -r County 2Q0ONORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets Mnecessary. a. |fthe property |oowned fee simple b«an INDIVIDUAL tenancy b»the entirety, tenancy |n common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: 11 C. —� I Name and Address [—% mf�xvnarsh|p | � If the property is owned by o CORPORATION list the officers and stockholders and the . .. . | Name and Address | %mfOmolership | If the property is in the name of TRUSTEE, list the beneficiaries ofthe trust with the t'ctnu,xuv/ mLt/txL; Created 9/28/2017 Page lofs COLLIER COUNTY GOVERNMENT 2AOONORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 (239)252-240OFAX: (239)252~63S8 d. |fthe property is|nthe name ofa GENERAL or LIMITED PARTNERSHIP list the name ofthe 9 e. f. H enura/u/ I- Name and Address %of Ownership Ifthere |sa CONTRACT FOR PURCHASE, with anindividual orindividuals, aCorporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the r-# vncV-F Name and Address % of ownership Date ofContract: __________ If any contingency clause or contract terms involve additional parties, list all individuals or o1 Date subject property acquired u' uu�,L' Name and Address F—\Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page zof3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT 2Q0ONORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding pmrty, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, | attest that all of the in(nnnadun indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay o[processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department /qTw:Business Center zoOoNorth Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Agent/Owner Name (please print) Created 9/28/2017 Page snfa Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Description Pre -application Meeting Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 2017446259 2017-069735 11/01/2017 $500.00 Payment Method Amount Paid Check Number Check $500.00 1343 $500.00 $0.00 Phoenix Associates of Florida, Inc 13180 Livingston Road, Ste 204 Naples, FL 34109 Reference Number Original Amount Fee Paid PL20170003766 $500.00 $500.00 ------------- - Cashier Name: estradarnaria Batch Number: 6816 Entered By: JessicaVelasco GIL Account 131-138326-341276 W,A VelascoJessica Subject: Pre -App PL2OI700037G8PUDAand PL2OI7O0O370gGK4PA Location: GIVIOConference Room B Start: Wed lI/I/2OI71:30PK4 End: Wed II/I/2Ol73:3UPM Recurrence: (none) Meeting Status: Accepted Organizer: LevyK4|choa| Required Attendees: French]ames;Brian Howell; bryanm||kI@gma||.corn;ryovanovlch@cyk|awfirm.com; VVeeksOav|d;Ke|sch|Fred|Stra|nK4ark;Sm|thCarnden;AhrnadVicknA|cornChds;Amy Lockhart-Taylor;AnthonyDovid;Arnn|dM|cha||e;AshtonHe|d};0a|uchStephen; BeardLaude|BrovvnAraqueSummer,8rownCroig;[asc|oGeorQe;Condom|neOenn)x [rotteauKathyne||; Crovv|eyK4|chae||e| David Ogilvie; De8|asUs]ohn| Dese|ernKmy| dfev@northcoU|erfine.com; Duma|sK4|ke; Fau|kner3ue; FeyEr|c; F|e|shnnonPau|o; Gew|Uz5torm;GibUn[ormac;GosseUnLb;Gund|achNancy;Hou|dsworth]ohn; HughesJod|;HumphhesAUc|a;JecnbUsa;'nagoond@sfwrnd.gmv;JohnsonEdc; ]oseph|t|sEhn;KendaUK4aoia;KurtzGeno|d;|mardn@sfwrnd.gov;K4art|nez0scar; K4aatpobertoThomas;McCaughtryMar6K4cKenna]ack;McKuenE||y;K4cbeanK4atthew; MoscaK4|che|e; K4oxamAnnis; NawrocWStefon|e; OrthRichard; P 'er[nmig; PattesonAmy; PepinEmi|y; Umenez@sfvmd.gov/PochmamNataUe;Rodri0uazVVanda;KomanOan|e|; Rosenb\unoBrett; Santa barba raG|no; Sowyerk4|chae||SoottChds; Shmw|nskvPeteCShawn Hanson; 5heaBorbara;Sm|thDanie|; Stone5cott;5u|eck|A|exandra;3ummersE||en; Sweet[had;Tennp|etonK4ark;VanbengenKr|s;Ve|aocoJess|ce;VVa|sh]onathan; VVickhornF|onnery;VVi}|oughbyChr\stine;Auc|a|rC|audine FREO'sPetition Fire District: North Na'ples Meeting |s|nGKADConference room B CJ _ [EGIA"Jel 'NORTH Project Description: Based on discussion and direction today at the BOCC meeting, we would like to move forward and schedule a pre -application meeting with all applicable staff for a PUD and GMPA for the Seed to Table Joint Use Parking Lot. Parcel: 162960004 Under Florida Law, e-mail addresses are Public records. If You do not want your e••mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing, 3 k.ao ey k./ounty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www,coiriergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 pp at in for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED r_j PUD Rezone (PUDZ): LDC subsection 10.02.13 A. -F., Ch. 3 G. I of the Administrative Code F-1 Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code F] PUD to PUD Rezone (PDDR): LDC subsection 10.02.13 A. -F. APPLICANT CONTACT INFORMATION Name of Property Owner(s) I Address: Telephone: Cell: E -Mail Address: Name of Applicant/Agent: Firm: Address: fimmlf� AM City: State: ZIP: Fax: City: State: ZIP: Fax: Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. 10/15/2017 Page 1 of 14 C014nty co, Ier COLLIER COUNTY GOVERNMENT REZONE REQUEST This application is requesting a rezone from: Zoning district(s) to the Present Use of the Property: RRT���� zoning district(s). PROPERTY INFORMAT ION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; ® The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: _/___j Lot: Block: Subdivisiotj RTA . W t Plat Book: - Page #: Property I.D. Number! Size of Property: ft. x ft. = Total Sq. Ft. Acres: PUD District (refer to LDC subsection 2.03.06 C): F1 commercial ❑ Residential r-1 Community Facilities X Mixed Use M Other: ❑ Industrial 10/15/2017 Page 2 of 14 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 ADJACENT ZONING AND LAND USE Zoning Land Use If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Lot: Block: SubdivisiorM Plat Book: Page #: Property I.D. Numbei Metes & Bounds Description: ASSOCIATIONS Required: List all registered Horne OvvnerAssociat\on(s) that could be affected by this oetb|on. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Mailing Address: 10/15/2017 Page 3of14 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT Go-unty Cc --icy EVALUATION CRITERIA P800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 Pursuant to LDC subsections 10.02.13 B, 10.02.03 P and Chapter 8 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On aseparate sheet attached tmthe application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation lnsupport mfthe request. a. The suitability of the area for the type and pattern ofdevelopment proposed |nrelation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements,contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney, C. Conformity of the proposed PUO with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-d|str|ot,policy orother prov|sion.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. t The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, oras to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10/15/2017 Page 4uf14 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 Previous land use petitions onthe subject property: Toyour knowledge, has apublic hearing been held on this property within the last year? If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications-, To your knowledge, has there been an official interpretation orzoning verification rendered on this property within the last year? F]Yes El No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. ofthe Administrative Code and LDC section 1O.O3.DG. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer toChapter 0B. ot the Administrative (-ocie Tor tne m|rm proceaurairo Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum orNotice. LDC subsection 10�2.08 D This application will be considered "opem^when the determination of has been made and the application |s assigned wpetition processing number. The application will be considered "c|msed°when the petitioner withdraws the application through written notice mr ceases to supply months.necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 /knapplication deemed "mlowed°will not receive further processing and anapplication «closed"through inactivity shall be deemed withdrawn. An application deemed «m|ossd»may bere-opened by submission ofmnew application, repayment of all application fees and the grant ofa determination of«sufficlmncy». Further review ofthe request will be subject to the then current code. 10/15/20I7 Page 5of14 COLLIER COUNTY GOVERNMENT W1"14#@�110@X,QM4 OXWIWYWKI www.colliergov.net Address: `..... :f . n1fail Address: coffier C014nty 2800 NORTH HORSESAOE i, T. NAPLES, FLORIDA 34104 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTAU INFORMATION City: State: ZIP: M Address of Subject Property (if available): City: State: ZIP: PROPERTY INFORMATION Lot: Block: Subdivision: -3 =6 Plat Book: Page #: Property I.D. Number: Fax: F_ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System C. Franchised Utility System Provide Name: d. Package Treatment Plant (GPD Capacity): e. Septic System I— TYPE OF WATER SERVICE TO BEPROVIDED Check applicable system: a. County Utility System b. City Utility System C. Franchised Utility System Provide Name: d. Private System (Well) I Total Population to be Served: Peak and Average Daily Demands: A. Water -Peak: Average Daily: B. Sewer -Peak: Average Daily: If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: 10/15/2017 Page 6 of 14 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewagetreatment processto be used aswell as a specific statement regardingthe method of affluent and sludge disposal, If percolation ponds are to be used, then percolation data and soil involved shall beprovided from tests prepared and certified byaprofessional engineer. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion ofthe construction ofthese facilities |naccordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior tothe issuance mfbuilding permits b»the County. |fapplicable, the statement shall contain an eQnsernent to dedicate the appropriate utility easements for serving the water and sewer systems. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project sha||beprov|ded. 10/15/2017 Page 7ofl4 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto, The property described herein is the subject of an application for planned unit development PUD) zoning. We hereby designate legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course ofseeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys,and studies necessary toobtain zoning approval onthe site, These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. z. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. s. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. AU terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. S. So long asthis covenant is in force, Collier County can, upon the discovery ofnoncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards ofthe planned unit development. Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to(or affirmed) and subscribed before methis who is personally known to me or has produced Printed Name day of 201__bv_____ as identification. Notary Public (Name typed, printed orstamped) 10/15/2017 Page Oofl4 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT Final Submittal ReqUliremema Checklist for: PUD Rezone- Ch. 3 GI of the Administrative Code PUD to PUD Rezone- Ch. 3 G. I of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time ofapplication submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items |nthe exact order listed below, with cover sheets attached toeach REQUIREMENTS #OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary F� 0 F� Completed Application with required attachments Pre -application meeting notes Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form Notarized and completed Covenant of Unified Control CqMpleted Addressing Checklist Warranty Deed(s) 1 Li List Identifying Owner and all parties of corporation 1 F] Signed and sealed Boundary Survey 1:1 Architectural Rendering of proposed structures F] Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 Statement of Utility Provisions 1 F] Environmental Data Requirements pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. Listed or Protected Species survey, less than 1Z months old. include copies of previous surveys. Traffic Impact Study Historical Survey School Impact Analysis Application, if applicable Electronic copy of all required documents Completed Exhibits A -F (see below for additional information)' List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) F-1 Revised Conceptual Master Site Plan 24" x 36"and One 8 Y2" x 11"' copy Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD El 11 F-1 10/15/2017 Page 9 of 14 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT WWW,Col(lemov.net OtBOO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 0 Checklist continues on this page Revised PUD document with changes crossed thru & underlined School District (Residential Components): Amy Lockheart Copy of Official Interpretation and/or Zoning Verification 1H *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description El Exhibit E: List of Requested LDC Deviations and justification for each El Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ASSOCIATED FEES FOR APPLICATION LJ Pre -Application Meeting: $500.00 0 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000,00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 "ji -\0 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 F Listed or Protected Species Review (when an EIS is not required): $1,000.00 10 y tV.1 Transportation Review Fees: Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. • Minor Study Review: $750.00 • Major Study Review $1,500.00 10/15/2017 Page 10 of 14 School District (Residential Components): Amy Lockheart D conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey —Emergency Parks and Recreation: Barry Williams & David Berra management: Dan Summers Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director Other: ASSOCIATED FEES FOR APPLICATION LJ Pre -Application Meeting: $500.00 0 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000,00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 "ji -\0 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 F Listed or Protected Species Review (when an EIS is not required): $1,000.00 10 y tV.1 Transportation Review Fees: Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. • Minor Study Review: $750.00 • Major Study Review $1,500.00 10/15/2017 Page 10 of 14 COLLIER COUNTY GOVERNMENT www.coillemov,net Ll Legal Advertising Fees: • CCPC: $1,125.00 • BCC: $500.00 Ll School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners, As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 511 and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date 10/15/2017 Page 11 of 14 cdh"'er County COLLIER COUNTY GOVERNMENT 28oVNORTH HORSESHOE Dmws GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 (239)252-24uoFAX: (23g)2526358 - EXHIBIT A (To be completed in a separate document and attached to the application packet.) No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: M, Any other principal use which is comparable in nature with the foregoing list ofpermitted principal uses, as determined bythe Board of ZoningAppeals ("BZA"') bythe process outlined |nthe LDC B. Accessory Uses: l. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Table below sets forth the development standards for land uses within the (type ofPUD) PUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. 1n/z5/a017 /"R Page,14 of 14 EXHIBIT (To be completed in a separate document and attached to the application packet.) TABLE I RESIDENTIAL DEVELOPMENT STANDARDS PRINCIPAL SINGLE TWO-FAMILY, CLUBHOUSE/ DEVELOPMENT STANDARDS SINGLE FAMILY PATIO & MULTI - RECREATION FAMILY ATTACHED & S.F. PER UNIT FAMILY UNIT :LOT LINE BUILDINGS MINIMUM LOT WIDTH TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA S.F. PER S.F. PER S.F. PER UNIT S.F. PER UNIT S.F. PER UNIT UNIT UNIT MINIMUM LOT WIDTH FEET FEET FEET FEET FEET MINIMUM FLOOR AREA S.F S.F S.F S.F./D.U. N/A MIN FRONT YARD FEET FEET FEET FEET N/A MIN SIDE YARD FEET FEET FEET FEET N/A MIN REAR YARD FEET FEET FEET FEET N/A MIN PRESERVE SETBACK FEET FEET FEET FEET FEET MIN. DISTANCE BETWEEN FEET or BH, FEET FEET FEET N/A STRUCTURES whichever is greater MAX. BUILDING HEIGHT NOT TO FEET FEET FEET FEET FEET EXCEED ACCESSORY STRUCTURE FRONT FEET FEET FEET FEET FEET SIDE FEET FEET FEET FEET BH REAR FEET FEET FEET FEET FEET PRESERVE SETBACK FEET FEET FEET FEET FEET DISTANCE BETWEEN PRINCIPAL STRUCTURE MAX. BUILDING HEIGHT NOT TO SPS SPS SPS or FEET FEET EXCEED S.P.S. = Same as Principal Structures BH = Building Height Footnotes as needed 10/15/2017 Page �of 14 GENERAL: Except as provided for herein, all criteria set forth below shall beunderstood to be|nrelation to individual parcel orlot boundary lines, orbetween structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Setback may beeither feet (___)onone side nrfeet onthe other side in order to provide a minimum separation between principal structures of feet . Alternatively, if the foot (_______) setback option is not utilized, then the minimum setback sha||notbe|essthenfeet(______)andthecornb|nedsetbackbetvveenpr|ncipa|struntures shall beatleast feet (______). Atthe time ofthe application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. TABLE 11 DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT * PRINCIPAL USES ACCESSORY USES: MINIMUM LOT AREA Sq. Ft. N/A MINIMUM LOT WIDTH Ft. N/A MINIMUM YARDS (External) From Immokalee Road Canal ROW Ft. SPS From Future Extension of Collier Blvd. Ft. SPS From Western Project Boundary Ft. Ft. MINIMUM, YARDS (Intern a-1) Internal Drives/ROW Ft. Ft. Rear Ft. Ft. Side Ft. Ft. MIN. DISTANCE BETWEEN Ft. or sum of Ft. STRUCTURES Building heights MAXIMUM HEIGHT Retail Buildings Ft. Ft. Office Buildings Ft. Ft. MINIMUM FLOOR AREA Sq. Ft. N/A Whichever is greater Per principal structure, on the finished first floor. 10/15/2017 Page A f 14 APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATION NUMBER PRE -APPLICATION CONFERENCE DATE DATE SUFFICIENT DATE RECEIVED This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Department, Suite 400, 2800 North Horseshoe Drive, Naples, Florida 34104. 239-252-2400 (Fax 239-252-2946). The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 as amended by Resolution 98-18 (both attached). If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS i. GENERAL INFORMATION A. Name of Applicant/Lessee's Agent Brian Howell (on Behalf of Oakes Farms, Inc.) Company Phoenix Associates of Florida, Inc Address 13180 Livingston Road, Suite 204 City Naples State Florida Zip Code 34109 Phone Number 239-596-9111 Fax Number 239-592-2637 B. Name of Agent Bryan Milk • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Address 13180 Livingston Road, Suite 204/BrxanMilkl @amail.com City Naples State Florida Zip Code 34109 Phone Number 239-370-2932 Fax Number N/A Name of Agent Richard Yovanovich, Esquire_.__ Company Coleman Yovanovich & Koester, P.A. Address 4001 Tamiami Trail North, Suite 300 City Naples State Florida Zip Code 34103 Phone Number 239-435-3535 Fax Number 239-435-1218 Name of Agent: Robert J. Mulhere, FAICP, VP Company: Hole Montes, Inc. Address: 950 Encore Way, Naples, FL 34110 Phone # 239-254-2000 Fax # 239-254-2099 C. Name of Owner (s) of Record Collier Count Address c/o Real Property Management, 3335 Tamiami Trail East, Ste. 101 City Naples State FL Zip Code 34112 Phone Number Fax Number D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. 1 H:\2018\2018009\WP\GMPA\CCPC\GMPA Application (Revised 7-13-2018).doc D. Continued Bryan Milk, Planning Consultant Address: P.O. Box 111045, Naples, FL 34108 Phone Number: 239-370-2932; email: br) anmilkl @gmail.com Jim Banks, P.E. - JMB Transportation Engineering, Inc. Address: 4711 7th Ave. SW, Naples, FL 34119 Phone Number: 239- 919-2767; email: jmbswte@msn.com BearPaws Environmental Consultants Address: 1599 Covington Circle East, Fort Myers, FL 33919 Phone Number: 239-340-0678; email: BearPaws Env Consultina@amail.com II. Disclosure of Interest Information: A. If the property is owned fee simple by an INDIVIDUAL, Tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock Collier County 100% c/o Real Property Management 3335 Tamiami Trail East, Ste. 101, Naples, FL 34112 C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership There is a proposed lease with Collier County. The name of the Lessee is proved below. Lessee Name and Address Oakes Farms, Inc. 100% Francis A. Oakes, III, President_ 7695 Santa Cruz Court, Naples FL 34109 2 H:\2018\2018009\WP\GMPA\CCPC\GMPA Application (Revised 7-13-2018).doc F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address G. Date subject property acquired ( ) leased ( ) : Term of lease -30— yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing: H. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. III. DESCRIPTION OF PROPERTY: A. LEGAL DESCRIPTION See Attachment "A" Legal Description B. GENERAL LOCATION North of terminus of Pier Boulevard at NW intersection of Immokalee and Livingston Roads C. PLANNING COMMUNITY North Naples E. SIZE IN ACRES 6.33± D. TAZ 94 F. ZONING RSF-3 G. SURROUNDING LAND USE PATTERN See Exhibit"B-1 " Future Land Use Ma H. FUTURE LAND USE MAP DESIGNATION(S) Urban Mixed Use District/Urban Residential Subdistrict IV. TYPE OF REQUEST: A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: Housing Element Traffic Circulation Sub -Element Aviation Sub -Element Sanitary Sewer Sub -Element Solid Waste Sub -Element Capital Improvement Element X Future Land Use Element Immokalee Master Plan Recreation/Open Space Mass Transit Sub -Element Potable Water Sub -Element NGWAR Sub -Element Drainage Sub -Element CCME Element Golden Gate Master Plan B. AMEND PAGE (S)10, 66`145 OF THE FUTURE LAND USE ELEMENT AS FOLLOWS: (Use Strike -#lire -to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: See Exhibit "A" 3 H:\2018\2018009\WP\GMPA\CCPC\GMPA Application (Revised 7-13-2018),doc C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Urban Mixed Use District, Urban Residential Subdistrict, TO Urban Commercial District, Seed to Table Commercial Subdistrict D. AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) FLUM E. DESCRIBE ADDITIONAL CHANGES REQUESTED: See Cover Letter V. REQUIRED INFORMATION: NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN I"=400'. At least one copy reduced to 8- 1/2 x 11 shall be provided of all aerials and/or maps. A. LAND USE Exhibit A-1 Provide general location map showing surrounding developments (PUD, DRI's, existing zoning) with subject property outlined. Exhibit A-2 Provide most recent aerial of site showing subject boundaries, source, and date. Exhibit A-3 Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE AND DESIGNATION Exhibit B-1 Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL Exhibit C-1 Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A" ABOVE. Exhibit C-2 Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.),Identify historic and/or archaeological sites on the subject property. D. GROWTH MANAGEMENT Reference 9J-11.006, F.A.C. and Collier County's Capital Improvements Element Policy 1.1.2 (Copies attached). 1. INSERT "Y" FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-11.006(1) (a) (5), F.A.C.). IF so, identify area located in ACSC. 4 H:\2018\2018009\WP\GMPA\CCPC\GMPA Application (Revised 7-13-2018).doc N Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S. ? (Reference 9J-11.006(1) (a)7.a, F.A.C.) Y Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1) (c), F.S. ? (Reference 9J-11.006(1)(a)7.b, F.A.C.) N Does the proposed amendment create a significant impact in population which is defined as a potential increase in County -wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. Y Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference Rule 9J-5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-11.007, F.A.C.) E. PUBLIC FACILITIES 1. N/A Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: N/A Potable Water N/A Sanitary Sewer Exh. D (TI51 Arterial & Collector Roads; Name specific road and LOS N/A Drainage N/A Solid Waste Exh. E-1 Parks: Community and Regional, Public Schools If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. Exh. E-1 Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and 'emergency medical services, schools. 3. N/A Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: N/A Flood zone based on Flood Insurance Rate Map data (FIRM). N/A Location of wellfields and cones of influence, if applicable. (identified on Collier County Zoning Maps) N/A Traffic Congestion Boundary, if applicable N/A Coastal Management Boundary, if applicable N/A High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (identified on Collier County Zoning Maps), 5 H:\2018\2018009\WP\GMPA\CCPC\GMPA Application (Revised 7-13-2018),doc G. SUPPLEMENTAL INFORMATION N/A $16,700.00 non-refundable filing fee made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) Yes $9,000.00 non-refundable filing fee for a Small Scale Amendment made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) Yes Proof of ownership (copy of deed) Yes Notarized Letter of Authorization if Agent is not the Owner (See attached form) Yes 1 Original and 5 complete, signed applications with all attachments including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application will be required. * Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1 "=400' or at a scale as determined during the pre -application meeting. 6 H:\2018\2018009\WP\GMPA\CCPC\GMPA Application (Revised 7-13-2018).doc AFFIDAVIT OF AUTHORIZATION FOR (PETITION NUMBERS(S) SEED TO TABLE CPUD (PUDZ-PL-20170003788) AND SSGMPA (PL-20170003768ICPSS-2018-1) ( FRANCIS A, OAKES, III (print name), as DIRECTOR PRESIDENT (title, If applicable) of oAKEs FARMS, INC. (company, If applicable), swear or affirm under oath, that I am the (choose one) WA76r( and that: LESSEE J 1. 1 have full authority to secure the approval(s) requested and to Impose covenants and restrictions on the referenced property as a result of any action approved by the County In accordance with this application and the Land Development Code; 2. All answers to the questions In this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3, 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize BRYAN MILK, RICHARD YOVANOVICH 6 BOB MULHERE to act as our/my representative In any matters regarding this petition including 1 through 2 above. *Notes; • if the applicant is a :corporation, then It is usually executed by the corp. pres. or v, pres. • If the applicant is a Limited Liability Company (L.I-C,) or Limited. Company (L. C.), then the documents should typically be signed by the Company's "Managing Member." • if the applicant Is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner. must sign and be Identified as the "general partner" of the named partnership, • If the applicant Is a.trust, then they must include the trustee's name and the words "as trustee". • In each Instance, first determine the applicant's status, e.g,, Individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under p®,p9itles of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the faitict ated In it aroruin Signature Date FRANCIS A. OAKES, 112, DP OAKES FARMS, INC. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on i`�.2.11 �j (date) by (name of person providing oath or affirmation), as o_ is personail known to me r who has produced (type of identification) as Identification, STAMPISEAL *- CommissioEBECCA 7NIW-,"W 42My Commi0spel��ucsl1 CM08•COA-001251155 REV 3/24/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) — ��% I `� �� ��i*o (r�u`!� a 32e0 f U .l C ff-6,i > C. N 1 , r.. j� t) 4�rlpf nam :)� as L t) �% �'��,✓ (title, f applicable) of _ C jy1�e�.1..Jy (company, if a 1116616), swear or affirm under oath, that I am the (choose one) owner applicant�66W.a6t purchaser and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of Investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the appre ;action.'. 5. Well authorise l ✓ III LK to act as our/my representative in any matters regarding this petitidh*Inclu:dirlg 1 through 2 above. *Notes: •' If the applicant is a corporation, then it Is usually executed by the corp. pres, or v. pros. • if the applicant Is a Limited Liability Company (L.L.C.) or Limited Company (L.C. ), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. wl if the applicant is a trust, then they must include the trustee's name and the words "as trustee': • In each instance, first determine the applicant's status, e.g., Individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, 1 declare that i have read the foregoing Affidavit of Authorization and that the 'fao " stgfpd: I it are tr o, STATE OF FLORIDA COUNTY OF COLLIER The.fpregi*l � ` instrument was sworn to (or affirmed) and subscribed before me on. t �. (name of person rovidih ra th r ff who is personally known to me or who has produced . ... ((tYp ication) as Identification, STAMP/SEAL Signature onto_ Y. Public •il>?`��'j""�LISSETT DE LA ROSA MY COMMISSION # FF981281 EXPIRES April 12, 2020 (40r) 3" -0 63` FlorldeNotaryService.Com CP108-COA•0011505 REV 3/24/14 (date) by tion), as W A CECI GROUP COMPANY CECT Group Services Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: www.coastalengineering.com ATTACHMENT "A" SEED TO TABLE SEED TO TABLE GMP BOUNDARY LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THAT PART OF THE EAST ONE-HALF (E 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24, RUN N 00015'36" W ALONG THE EAST LINE OF SAID SECTION 24 FOR 100.14 FEET TO AN INTERSECTION WITH THE EASTERLY PROLONGATION OF THE NORTH LINE OF A ONE HUNDRED (100) FOOT WIDE CANAL RIGHT-OF-WAY; THENCE ALONG SAID LINE S 89013'47" W 275.01 FEET TO AN INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WEST RIGHT-OF-WAY LINE OF LIVINGSTON ROAD; THENCE ALONG SAID LINE N 00015'36" W FOR 60.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE N 00015'36" W FOR 1,172.96 FEET TO THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SAID SECTION 24; THENCE ALONG SAID NORTH LINE S 89006'35" W FOR A DISTANCE OF 235.01 FEET; THENCE S 00015'36" E FOR A DISTANCE OF 1,172.41 FEET TO THE SOUTHEAST CORNER OF THOSE LANDS RECORDED IN O.R. BOOK 1682, PAGE 1092 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LANDS N 89013'47" E FOR A DISTANCE OF 235.00 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBES APPROXIMATELY 275,564 SQUARE FEET OR 6.33 ACRES OF LAND. 3106 S. Horseshoe Drive, Naples, Florida 34104 * Phone (239) 643-2324 * Fax (2.39) 643-1143 * E-mail: infoawcecifl.com SERVING FLORJDA SINCE 1977 ATTACHMENT "B" SEED TO TABLE COMMERCIAL SUBDISTRICT JUSTIFICATION & SUPPLEMENTAL INFORMATION Current FLUE Designation: The proposed Seed to Table Subdistrict is located within the Urban Mixed Use District. The Collier County Future Land Use Element reads as follows: The "Urban Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed- use developments such as Planned Unit Developments. " Proposed Designation: The proposed Seed to Table Commercial Subdistrict is 6.33± acres in size. The site is owned by Collier County and is largely encumbered by an FPL easement. The Collier County BCC voted to allow the developers of Oakes Farms Seed to Table site (former Albertson's grocery store), located at the northeast corner of the intersection of Livingston and Immokalee Roads, to explore a public private partnership with Collier County, to support economic development through a joint use parking lot lease on the subject County -owned parcel. The parcel is presently vacant with the exception of FPL power lines. The southerly 0.85 acres of the site are planned for a future Collier County Utility pump station (and possibly other utility infrastructure). The remaining 5.48j= acres included in the SSGMPA and companion CPUD will include improved site access for CAT vehicles, as well as the improved parking areas for both CAT park and Ride users and for employees of the Seed to Table commercial enterprise. An initial pre -application meeting was held with Growth Management staff in July of 2017, followed by an SDP pre -application meeting on August 1, 2017. After approval by the BCC to explore the public-private partnership (October 24, 2017) an additional pre -app (for SSGMPA and CPDD) was held on November 1, 2017. Over the past several months, a draft lease agreement and draft economic development agreement have been developed, as well as a draft FPL Consent Agreement. It is understood that these documents/agreements will need to be finalized prior to approval of the SDP. Review of Applicable Florida Statute 163.31779(6)(a)2: 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. H:\2018\2018009\wP\GMPA\Resubmittal\Attachment B - Justification and Supplemental Information (Revised 5-14-2018).docx Seed to Table Commercial Subdistrict Justification & Supplemental Information f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. j. The need to modify land uses and development patterns within antiquated subdivisions. The Subdistrict is located within the County's Urban designated area (on the Future Land Use Map). The parcel is owned by Collier County and is deemed to be surplus. With respect to a. and b. above, this change in land use designation is not driven by a need for additional commercially designated land nor is it driven by a need to accommodate population growth. It is driven by the location of the property in close proximity to a commercial redevelopment project, and the economic benefits of providing sufficient parking for that redevelopment project, as well as providing facilities that will accommodate transit ridership. At present, the land is partially improved with unpaved driveways and vehicle staging areas in support of FPL power lines and nearby transmission station. With the FPL easement encumbering a significant portion of the property, and its location adjacent to two major arterial roadways, the property is not suitable for residential development. The best use for this parcel is the proposed limited use, through a joint public private partnership, allowing for parking for users of Collier Area Transit (CAT) Park and Ride, ingress and egress for CAT vehicles, and employee parking for the nearby commercial development. Paragraphs d., f., g., h. and j. do not apply. Primarily, this land use change is driven by paragraphs e. and i., as it will support the aforementioned redevelopment project, which will create jobs, and which includes capital investment, and economic development that will strengthen and diversify the community's economy. Consistency with FLUE Objective 5: Implement land use policies that promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element. Policy 5.2: Land use policies supporting Objective 5 shall continue to be implemented upon the adoption of amendments to the Growth Management Plan. Policy 5.3: All rezonings must be consistent with this Growth Management Plan. Policy 5.4: All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by the Board of County Commissioners. The companion CPDD can be deemed to be consistent with all applicable Goals, Objective, and Policies of the GMP, assuming the amendment establishing the Seed to Table Subdistrict is adopted. Page 2 of 4 H:\2018\2018009\WP\GMPA\Resubmittal\Attachment B - Justification and Supplemental Information (Revised 5-14-2018).doex Seed to Table Commercial Subdistrict Justification & Supplemental Information Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code. The CPDD and LDC include development and design standards that ensure that development within the PUD will be compatible with and complementary to the surrounding area. Site Environmental Considerations: See Exhibit C-1 (Aerial with FLUCCS Mapping). The site is, for the most part, cleared and partially improved with compacted driveways, vehicle parking and staging areas, and FPL power lines. Page 3 of 4 H:\2018\2018009\wP\GMPA\Resubmittal\Attachment B - Justification and Supplemental Information (Revised 5-14-2018).docx Seed to Table Commercial Subdistrict Justification & Supplemental Information Transportation/Traffic Considerations: The Subdistrict is located at the northwest corner of Livingston Road and Immokalee Road. The Subdistrict does not allow any new traffic generating uses. It does not allow for any commercial or institutional uses or any residential dwelling units. The only new use within this Subdistrict is employee parking in support of the commercial development to the east across Livingston Road. The proposed additional employee parking will not have a significant impact on the Levels of Service (LOS) on the arterial roadway in the vicinity of the Subdistrict. Other Public Facility and Service Considerations: The Subdistrict does not allow for any uses that would have an impact on other public services such as parks, schools, law enforcement. The allowable uses, limited to vehicle parking, Collier County utility facilities, and other uses allowed under the existing FPL Easement will have no impact in terms of consumption of public facilities or services, but the site does presently and may in the future contain infrastructure that supports delivery of various public essential services including Collier County utility services and electric power (FPL). Moreover, the site will provide ingress and egress parking for CAT vehicles, and parking for users of CAT Park and Ride services. This will allow for expanded access to public transit. Additional Considerations On October 24, 2017, the BCC approved a recommendation to allow the developer of Oakes Farms Seed to Table facilities located at the northeast corner of the intersection of Livingston and Immokalee Roads (redevelopment of the vacant Albertsons grocery store) to explore a public private partnership with Collier County to support economic development through a joint use parking lot on this County owned property. Subsequent to the BCC approval, the developer prepared preliminary conceptual site plans, and held meetings with County staff and representatives of FPL (as the joint use will require agreement from both Collier County and FPL). The result of those meetings included an agreed to process (SSGMPA and CPDD) as well as various conditions and limitations set forth in the proposed Seed to Table Commercial Subdistrict and in more specific detail in the companion CPDD. Florida Statute Sec. 125.045 expressly provides that "The governing body of a county may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose." Conclusion: The approval of this SSGMPA is consistent with State statutes regulating comprehensive plan amendments and it is consistent with applicable GMP policies related to the same. The SSGMPA will allow for supporting employee parking for the Seed to Table commercial redevelopment. The opening of this facility and development of the project will result in substantial economic benefits to the County, including but not limited to the creation of hundreds of jobs and a net increase to the County's tax base. Page 4 of 4 H:\2018\2018009\WP\GMPA\Resubmittal\Attachment B - Justification and Supplemental Information (Revised 5-14-2018).docx EXHIBIT "A" SEED TO TABLE COMMERCIAL SUBDISTRICT PROPOSED GMPA AMENDMENT LANGUAGE Proposed Small Scale Amendment to the Collier County Future Land Use Element (FLUE) Related to +/- 6.33 acre Seed to Table Commercial Subdistrict, located within the Urban Mixed Use District, Urban Residential Subdistrict. The Urban Mixed Use District, Urban Residential Subdistrict. Amend the FLUE SECTION II. IMPLEMENTATION STRATEGY, POLICY 1.5, Page 10, as follows: Policy 1.5: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: C. URBAN - COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston/Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston Road/Eatonwood Lane Commercial Infill Subdistrict 7. Livingston Road Commercial Infill Subdistrict 8. Commercial Mixed Use Subdistrict 9. Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict 10. Goodlette/Pine Ridge Commercial Infill Subdistrict 11. Orange Blossom/Airport Crossroads Commercial Subdistrict 12. Davis — Radio Commercial Subdistrict 13. Logan Boulevard/Immokalee Road Commercial Infill Subdistrict 14. Seed to Table Commercial Subdistrict Amend the FLUE DESCRIPTION SECTION, Section I, URBAN DESIGNATION, Subsection C. Urban Commercial District, Page 66, as follows: C. Urban Commercial District. This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non-residential uses. H:\2018\2018009\WP\GMPA\2nd Resubmittal\Exhibit A Proposed GMPA Language (Revised 6-21-2018).docx 14. Seed to Table Commercial Subdistrict The Seed to Table Commercial Subdistrict consists of +/- 6.33 acres and is located on the west side of Livingston Road, just north of the terminus of Piper Boulevard. The purpose of this subdistrict is to allow for the development of a parking lot and Collier County utility facilities and services. Development in this Subdistrict shall be subject to the following: a Allowable uses are limited to: parking lot; Collier County utility facilities and services. b The parking lot is only to be used by employees of the commercial development located immediately east across Livingston Road (Carlton Lakes PUD, Planned Unit Development, commercial tract) and by patrons of the Collier Area Transit (CAT) Park and Ride Program. c No LDC -required parking shall be allowed for the commercial development immediately east across Livingston Road or any other off-site use. d Use of the parking lot by any person or entity for truck unloading_ or parking, deliveries, offsite storage, or overnight parking is prohibited. e. The Subdistrict site shall be rezoned to PUD. f. The implementing PUD shall include: 1 Provisions of ingress and egress to accommodate CAT buses; 2 Provisions for pedestrian access to the existing cross -walk at the intersection of Immokalee Road and Livingston Road; 3 Design measures to discourage pedestrians from crossing_ Livingston Road other than at the designated crosswalk located at Livingston Road and Immokalee Road, 4 Provisions for adequate buffering and screening around the parking lot and along Livingston Road. H:\2018\2018009\WP\GMPA\2nd Resubmittal\Exhibit A Proposed GMPA Language (Revised 6-21-2018).docx Amend the FLUE FUTURE MAP SERIES, Page 145, as follows: FUTURE LAND USE MAP SERIES Future Land Use Map Activity Center Index Map Mixed Use & Interchange Activity Center Maps Properties Consistent by Policy (5.11, 5.12, 5.13, 5.14) Maps Collier County Wetlands Map Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs Map Future Land Use Map Rivers and Floodplains Future Land Use Map Estuarine Bays Future Land Use Map Soils Existing Commercial Mineral Extraction Sites Map Bayshore/Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map (VII) Rural Lands Study Area Natural Resource Index Maps North Belle Meade Overlay Map North Belle Meade Overlay Map Section 24 Existing Schools and Ancillary Facilities Map Future Schools and Ancillary Facilities Map Plantation Island Urban Area Map (XIII) Copeland Urban Area Map Railhead Scrub Preserve — Conservation Designation Map Lely Mitigation Park — Conservation Designation Map Margood Park Conservation Designation Map Urban Rural Fringe Transition Zone Overlay Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Goodlette/Pine Ridge Commercial Infill Subdistrict Map Henderson Creek Mixed -Use Subdistrict Map Buckley Mixed -Use Subdistrict Map (VI) Livingston/Pine Ridge Commercial Infill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Orange Blossom/Airport Crossroads Commercial Subdistrict Livingston Road/Veteran's Memorial Boulevard Commercial Infill Subdistrict Map Corkscrew Island Neighborhood Commercial Subdistrict Map Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Gordon River Greenway Conservation Area Designation Map Hibiscus Residential Infill Subdistrict Map Vincentian Mixed Use Subdistrict Map Davis — Radio Commercial Subdistrict Map Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map Seed to Table Commercial Subdistrict Map H:\2018\2018009\WP\GMPA\2nd Resubmittal\Exhibit A Proposed GMPA Language (Revised 6-21-2018).docx WJlctwkki Dr Errs Dc -v- - CARLTON LA<ES 7. J - Madison Dr -_a:: - o 'a Kirtland D• v 1ti1h,i� _ G An F+tvy .� SUBJECT PARCEL yl;l .; II<.u;l 1.; o• r�. o tte Ln Al. at 'Nlu OUGHBY GARDE,vS TavIV, ---"loaf Blvd 88t lmmoLalee Rd __E;__ 111 . - -- � 1� Immokafee Rd ~ » 4 n - ? ?.'r,-iIL CIRCLE o GASPER STATION _ _— EREE�EWp I - Er ck lake Dr t' GONOVAN i R tiNon R, CENTER ,4rtette Dr :m 3 O ns � a1i d w o u - - Y A — AstonG� s ,. .€ V _ON�AK LI'+,'INO5TS lo;a I � hinclle Trail NORTH PROJECT LOCATION SCALE : 1'I = 2000' P H O E N Job No: I X DETAILS — ASSOCIATES OF FLORIDA, INC_ DrawnBY:TIE 131BO Livinom Road I Suite 0204 Naples I FL 34109 P 239 1596-9111 f ?39 15 Date: 02/2018 - c.n�lKs.dwlnon:xlo..­w: pe"ilY;— ......f..+ SUBJECT PARCEL RSF-3 WILLOUGHBY ACRES SINGLE-FAMILY RSF-3 FPL EASEMENT RSF-3 - RSF-3 RSF 3 COUNTY UTILITIES PUMP STATION -- - I I 1 t I II I I I � , 1 ______________________=PIPER BOULEVARD R.O.W. COCAHATCHEE RIVER CANAL DRAINAGE EASEMENT IMMOKALE E ROAD CR-$4� R.O.W. r RMF -6 PUD COURTYARD SAINT CROIX AT QUAIL MULTI -FAMILY WOODS APARTMENT MULTI -FAMILY CONVERSIONS CONDOMINIUMS 11 LOCATION MAP SCALE 1 " = 400' - 0" SEED TO TABLE COMMERCIAL SUBDISTRICT LIVINGSTON ROAD NAPLES, FL. 34119 COLLIER COUNTY I o I 1 I I QEi i i rfCARLTON LAKES ILY C CONDOMINIUMS ZI n� C LTOf� LARE� B6ULEVARti=R_O1N._ .-- O---------------------- - — - 7 i,— --- - Z 1 I 1 I O PUD Q FUTURE/PROPOSED SEED TO TABLE M COMMUNITY 0 SHOPPING CENTER 1 I 1 I� �l PUD WINDSONG MULTI -FAMILY M ' CO I I SHEET TITLE EXHIBIT GENERALIZED LOCATION A-1 MAP ZONING SUBJECT PROPERTY: RSF-3 CONDITIONAL USES: NA SURROUNDING PROPERTIES: ZONE USE NORTH RSF-3 235' FPL EASEMENT EAST ROW 275' LIVINGSTON ROAD R.O.W PUD MULTI -FAMILY COMMUNITY SHOPPING CENTER SOUTH RSF-3 60' ROW PIPER BOULEVARD ROW 100' COCAHATACHEE CANAL DRAINAGE EASEMENT 160' IMMOKALEE ROAD R.O.W. 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INC- DrawnBy:TIE 13789 Livinssfan Roadl9oitc f204 N!InIFL34799 P23915969111 F23915962637 Date: o212m IAS 'los ^+, ,^";m^^rrwomo�wr ` Permit Y: 4..q.rW N.M.n..q rWe+•u.-y1n��.W.t+...w-.�N W fl.-4ro..WMA..Y...•+�aM�+�«luu{dro.�a.sVMs w.M. w.w...4.�wwy.nw M.r ��.� .n uW .wt 1„ = 400' -011 .0) -%__ -*If 1% Wh mdw 14w-ii.....Mwr M.4.rw�MuMh M.�. r'•w.rnh w.1ax..Nv..nn+n•.4...h u«.I...�q. ne SEED TO TABLE COMMERCIAL SUBDISTRICT LIVINGSTON ROAD NAPLES, FL. 34119 COLLIER COUNTY SHEET TITLE EXHIBIT ZONING MAP A-3 LEE COUNTY Ell SUBJECT" PARCEL COUNTY FUTURE USE MAP SCALE: N.T.S. URBAN DESIGNATION MIXED USE DISTRICT Urban Residential Subdistrict aResidential Density Bands COMMERCIAL DISTRICT Mixed Use Activity Center Subdistrict P H O E N, X NORTH DETAILS Job No:— ASSOCIATES OF FLORIDA. IIV_C- Drawn6Y:TIE 13180 Livi,gstm Road I Suite 1204 Naples i FL 31109 P2391596-9111 i 5969111 F 239 i 59G263i Date: 0::/2018 1316K,m w gut, Road •uae 0204 239 1 59 . -ae�m • - Permit f; — «.., 7-M 1" = 400'—On SEED TO TABLE COMMERCIAL SUBDISTRICT LIVINGSTON ROAD NAPLES, FL. 34119 COLLIER COUNTY SHEET TITLE EXHIBIT FUTURE LAND USE & 6-1 DESIGNATION i e 00 „ o 0 0 o El SUBJECT PARCEL URBAN O O 0 RESIDENTIAL URBAN SUBJECT 1,92 AC i O� RESIDENTIAL PARCEL ±325 AC URBAN ' SINGLE RESIDENTIAL ' FAMILY PARCELSI PROPOSED URBAN COMMERCIAL i r' I RESIDENTIAL i C i ± 246 AC 6.32 AC MULTI & SINGLE Z FAMILY PARCELS �C� URBAN RESIDENTIAL I 'C —[T �ULEVAR15—R— N LAKES0 ----- 2.33 AC. --------- IZ M 0 --------, o > URBAN URBAN RESIDENTIAL ; RESIDENTIAL 7.10 AC 8.74 AC 1------ i ------- , URBAN -------1 ' I � RESIDENTIAL I ±0.49 AC. 1 ------------------------------------------------------ — _------------------------PIPER BOULEVARD R.O.W. ----------------- COCAHATCHEE RIVER CANAL DRAINAGE EASEMENT IMMOI(ALEE ROAD Cit -94G R.O.W. r I ' URBANURBAN URBAN ', I RESIDENTIAL URBAN RESIDENTIAL RESIDENTIAL 8,86 AC RESIDENTIAL ±24.97 AC ± 18.72 AC e , , ±8,86 AC P H O E N, X NORTH DETAILS Job No:— ASSOCIATES OF FLORIDA. IIV_C- Drawn6Y:TIE 13180 Livi,gstm Road I Suite 1204 Naples i FL 31109 P2391596-9111 i 5969111 F 239 i 59G263i Date: 0::/2018 1316K,m w gut, Road •uae 0204 239 1 59 . -ae�m • - Permit f; — «.., 7-M 1" = 400'—On SEED TO TABLE COMMERCIAL SUBDISTRICT LIVINGSTON ROAD NAPLES, FL. 34119 COLLIER COUNTY SHEET TITLE EXHIBIT FUTURE LAND USE & 6-1 DESIGNATION BAY t,-; ` MEs,,, NORTH COLLIER - ' F � — FIRE RESCUE tis, DISTRICT STATION#48 DOHAICHU BAY S NORTH NAPLES '= MIDDLE SCHOOL z NCH NORTH 1 COLLIER HOSPITAL ru Naples Park CFtEEt`'SF. c -CAMof>E11:_ CINTL 9tll i NORTH COUNTY WATER RECLAMATION FACILITY 4 416 MAD 'U5UWY RESER�T SUBJECT PARCEL t=_sem Q GREATER NAPLES VETERANS FIRE RESCUE #42 Pal COMMUNITY F PARK VRIL 3RCLE NORTH COLLIER r REGIONAL PARK h Cal r r Reg�ovwl a VINEYARDS PELICAN MARSH GREE.- ELEMENTARY ELEMENTARY SCHOOL Vander -'t►t Beach SCHOOL 15 Jo, ,N BAY UNITY Peiiean Bay VINEYARDS COMMUNITY ;�a7,iarri�lr FL -k ;art e---% PARK COLLIER COUNTY SHERIFFS i OFFICE DISTRICT -1 / lk ~� EMS STATION 44 ..851 "T corn Dr V as _ r. BF -AR uWrxw- 2 P H O E N I X NORTH DETAILS Job No: — ASSOCIATES OF FL4C3RIl:3 _IIVC_ Drawn By: TIE 13180 Livingston Road I Suite 0204 Naples I FL 34109 12311 5949111 F 239 15942637 Date: 0 1120 18 CMI/rya tl ANlprl-Tion aU0000: W' MIM.No M �N�M•nll PCfllllt Y; - rM+y..N, d..., .e« ML• F.mr.lr n. x+4 rM 1 ,1 = 5000'- On Tv A:, Z)L LAUREL OAK ELEMENTARY SCHOOL II GULFCOAST HIGH SCHOOL 1 .a RtCHLAhD Sum4fT r 7:3 951 I— L'c VSYA—I LAKE GREATER NAPLES t FIRE RESCUE #73 CL ERIS'CL PINES `-�---� EMS 411+O1F CREEK " # BUr_CS RI_' 56Z NORTH COUNTY REGIONAL WATER TREATMENT PLANT SEED TO TABLE COMMERCIAL SUBDISTRICT LIVINGSTON ROAD NAPLES, FL. 34119 COLLIER COUNTY SHEET TITLE EXHIBIT PUBLIC FACILTIES E-1 MAP SEED TO TABLE COMMERCIAL SUBDISTRICT EXHIBIT C-1 ENVIRONMENTAL DATA . ...... .... ....... STATE OF FLORIDA . . . . . . . . take C itv jackso"Aue P.M.a City G.i—Al. St Aujurt4u Co u �,l -(,y Dc". D.yt.m B..h Wmd -j Cape canavetal C 0 L L. I L.W-d I fa. 'R.dentn okchb.. so—t. 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KyWst FROJECT LOCATION inn Z -j 0 co fill F z L I L L IMMOKALEE D ry ZL 0 - LL w LU 0 0- w 0 0 ANDE RILT D DRAWN BY: DATE: CATEGORY PAGE DWS 1112/17 LOCATION Seed to Table Commercial Subdistrict Joe NUMBER SCALE: 1 OF 5 NITS Location Map EXHIBIT S/T/R COUNTY 4 .1 91 24/48S/25E COLLIER k' VU -�f -k i 1 i Legend Other Surface Code Waters (0.39± Ac) Acres Drawn By: Date: Category BWS 1/12/17 1.S3 Ac .± FLUCFCS Job Number 510 Scale: -- 4.57% 1" = 200' S/T/R Disturbed Lands County 24/48S/25E FLUCFCS lines estimated from 1"=200' aerial photographs and Collier I I F FLUCFCS Legend F • G 0 FLUCFCS- Code Community Acres % 411 Pine Flatwoods 1.S3 Ac .± 17.94% 510 Roadside Swale 0,39 Ac± 4.57% NOTES: 740 Disturbed Lands 0.13 Ac.± 1.52%r FLUCFCS lines estimated from 1"=200' aerial photographs and 743 Spoil Area (Large Limestone Rocks) 0.74 Ac± 8.68% * locations approximated. 800 Livingston Rd Right -of- Way 1.06 Ac.± 12.43% FLUCFCS per Florida Land Use, Cover and Forms Classification 8146 Primitive Road and Trails 0.93 Ac± 10.90% \Its-- System (FLUCFCS) (FDOT 1999). 832 Electrical Transmission Lines 3.75Ac.± 43.96% Aerial photographs were acquired through Collier County Property TOTAL 8.53 Ac.± 100.00% Appraiser's office with a flight date of January, 2016. Page Seed to Table Commercial Subdistrict . 2OF: v , C — Aerial FLUCFCS MapExhibit EhYiROhMF.hYAI (q�'Su1N4 1599 Cavinglon Circle Eazt, Fort Myers, FL 33719 N 411 (0.50 Ac.±) Scale -l"=200' 832 (2,81 Ac.±) 832 (0.69 Ac.±) 800 (1.06 Ac.±) 510 (0.39 Ac.±) 743 (0.74 Ac.±) 8146 (0.93 Ac.±) 832 411 (0.25 Ac.±) (1.03 Ac.±) 740 (0.13 Ac.±) FLUCFCS Code Community Acres 411 Pine Fla twoods 1.53 Ac -t 17.94% 510 Roadside Swale 0.39 Ac± 4.57% 740 Disturbed lands 0.13 Ac± 1.52% 743 Spoil Area (Large Limestone Rocks) 0.74 Ac -t 8.68% NOTES: 800 Livingston Rd Right -of- Way 1.06 Ac± 12A3% FLUCFCS lines estimated from 8146 Primitive Road and Trails 0,93 Ac .± 10.90% 1"=200' aerial photographs and Legend locations approximated. 832 Electrical Transmission Lines 3.75 Ac± 43.96% Other Surface FLUCFCS pForms Classification er Florida Land Use, Waters (0.39± Ac) TOTAL 8.53 Ac± 100.A0% over (FLUCFCS) (FDOT 19991. Drawn By: Date: Category`� Page BWS 1/12/17 FLUCFCS Seed to Table Commercial Subdistrict 3 OF 5 Job Number Scale: -- 1" = 200' FLUCFCS Map Exhibit S%T/R County R+ya�+��� r 1599 Covington circle East, fort Myers, F133919 24/485 25E Collier 139 3609678 6eu exs.envcontultin il.corn N 4` 'IA Scale:l"=200' 1 �' 14 .24" is ry k. 8x'c7`.- k�,� RIM F-.-t Rt,�, . s $ dt',a `Y✓ ^ r %N. r y IM � r2 HER Soil No ' Description Hydric 11 lHallandale Fine Sand N 14 Pineda Fine Sand; Limestone Substratum Y NOTES: Soils were acquired from the FGDL and are from the NRCS Soils Maps. Drawn By: Date: Category Page BWS 1/12/17 soils Seed to Table Commercial Subdistrict 4 OF 5 Job Number Scale: -- 1" = 200' v S/T/R County Ermaorcr�E t(0Kttxra< Exhibit Soils Map 24 48S/25E Collier 1599Co Cirde East, Fort Myen, Ft 33919^I 2391340-0626 bear am.env.eonsulun (m alcom r.a fry r �� � �Z nr _ 2 ..r_,9 t� ■ ; a, �s Ali, m8 0'.. I F. � 6 zi iD r: 6r4. FLUCFCS Legend L Acres % 1.53 Ac .± FLUCFCS 0.39 Ac .± 4.57% �... NOTES: 0.13 Ac.± Code Community 1"=200' aerial photographs and 0.74 Ac.± 411 Pine Flatwoods 1.06 Ac.+_ 12,43% FLUCFCS per Florida Land Use, 510 Roadside Swale Legend 10.90°n System (FLUCFCS) (FDOT 1999). 740 Disturbed Lands Other Surface 743 Spoi I Area (La rge Li mestone R Waters (0.39± Ac) s _ 800 Livingston Rd Right -of- Way ® Gopher Tortoise Burrow 8146 Primitive Road and Trails Locations (3) _ Electrical Transmission Lines A / Protected Species Survey TOTAL / V Transects Drawn By: Date: Category Acres % 1.53 Ac .± 17.94% 0.39 Ac .± 4.57% �... NOTES: 0.13 Ac.± 1.52% FLUCFCS Imes estimated from 1"=200' aerial photographs and 0.74 Ac.± o 8.68/ y locations approximated. 1.06 Ac.+_ 12,43% FLUCFCS per Florida Land Use, Cover and Forms Classification 0.93 Ac.± 10.90°n System (FLUCFCS) (FDOT 1999). 3.75 ACA 43.96% Aerial photographs were acquired 8.53 Ac.± 100.00% through Collier County Property Appraiser's office with a flight date oflanuary, 2016. 4 Page BWS 1/12/17 PSS Seed to Table Commercial Subdistrict 5OFf Job Number Scale: -- 1° = 200' a ° % S 7//R County Aerial PSS Map thea tµr�t�7r� Exhibit C -I 24/48S/25E Collier 12391 40-°678 hearwvrs env. nhu111 ¢?¢m. am SEED TO TABLE COMMERCIAL SUBDISTRICT EXHIBIT C-2 HISTORICAL & ARCHAEOLOGICAL DATA I Kirll and 4D 4 D r JL Mentdr-Dr I ,94,41 - i�vvl X"lo Joih6nyW CJ?,�(D!A M—WilloAI& -gh�by Dr '.166tto Ridge , At iPiTF rNB17d Court Ln ME 7- 0 ,r Cobble C r C., D 14'riq w MOV 1p ' - IV Deerfield Way "A6 CouAGOgar WIN UP* C'U) 'o • c ou.98wrct s 0 0 �... ' o 0 000 11.0 0 0 0 MOMTCG@. E�,�7k - A—- — 0 CDO, UM& 9@�W-'Aftcr@� QwAHmR§ This record search is for informational purposes only and does NOT constitute a project review. This search only identifies resources recorded at the Florida Master Site File and does NOT provide project approval from the Division of Historical Resources. Contact the Compliance and Review Section of the Division of Historical Resources at 850-245-6333 for project review information. January 25, 2018- File Florida Master Barrett Stejskal Site BearPaws Environmental Consulting 1599 Covington Circle East Fort Myers, FL 33919 Phone: 239.340.0678 Email: bearpaws.env.consulting@gmail.com In response to your inquiry of January 25, 2018, the Florida Master Site File lists no previously recorded cultural resources found in the following corridor of Collier County: T 48S R 25E S24 within the area outlined on the corresponding map. When interpreting the results of our search, please consider the following information: • This search area may contain unrecorded archaeological sites, historical structures or other resources even if previously surveyed for cultural resources. • Because vandalism and looting are common at Florida sites, we ask that you limit the distribution of location information on archaeological sites. • While many of our records document historically significant resources, the documentation of a resource at the Florida Master Site File does not necessarily mean the resource is historically significant. • Federal, state and local laws require formal environmental review for most projects. This search DOES NOT constitute such a review. If your project falls under these laws, you should contact the Compliance and Review Section of the Division of Historical Resources at 850-245-6333. Please do not hesitate to contact us if you have any questions regarding the results of this search. Sincerely, Cody VanderPloeg Archaeological Data Analyst Florida Master Site File Cody.VanderPloeg@dos.myflorida.com 500 South Bronough Street • Tallahassee, FL 32399-0250 www.flheritage.com/preservation/sitefile 850.245.6440 ph 1 850.245.6439 fax SiteFile@dos.state.fl.us iMBTRANSPORTATION ENGINEERING, ING. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT For Seed To Table (Livingston Road & Immokalee Road, Collier County, Florida) February 19, 2018 Digitally County TIS Review Fees TIS Methodology Review Fee = $500.00 signed b Jame y TIS (Major Study) Review Fee = $1,500. 00 James M. Banks Prepared by: M. Date: JM8 TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW 2018.02.19 NAPLES, FLORIDA 341 1 9 B a CERTIFICATE OF AUTHORIZATION NO. 27830 n 12:58:14 -05'00' (PROJECT No. 1 80 1 1 4) ,,`e���l�llll►�►►/��� PM E S N s ti 436 Air. 0 q. JAM B4�f��' AT{ Ll li4iiw- --silt FFLO IDA REG. //,���//' EXHIBIT "D" r� TABLE OF CONTENTS Conclusions Purpose of Report Study Methodology Scope of Project Table A - Original Land Uses vs. Current & Proposed Land Uses Figure 1- Location & Roadway Classification Site Plan Off -Site Parking Area Plan Project Generated Traffic Table B - Site -Generated Trips - Peak Hour Conditions Table C - Off -Site Parking Area Trips Table D - Dunkin Donuts New Trips Table 1- Trip Generation Computations Existing + Committed Road Network Project Generated Traffic Distribution Area of Significant Impact Figure 2A - Project Traffic Distribution Table 2A - Area of Impact/Road Classification Figure 2B - Project Traffic Assignment (Peak Hour) Figure 2C - Project Traffic Assignment (Off -Site Parking) 2017 thru 2018 Project Build -out Traffic Conditions Table 2B - 2017 & 2018 Link Volumes Table 2C - 2018 Link Volumes/Capacity Analysis Appendix 1 2 3 3 3 4 4.1 4.2 4.3 5 5 5 6 6.1 7 7 7 7.1 7.2 7.3 7.4 8 9.1 9.2 10 Conclusions Off-site Impacts Based upon the findings of this report, it was determined that Seed To Table will not have a significant or negative impact upon the surrounding road network. It was verified that all roadways, within the project's area of influence, currently have a surplus of capacity and can accommodate the traffic associated with the proposed grocery store. As determined, the road network will continue to operate at acceptable levels of service for the foreseeable future and the project will not create any off-site transportation deficiencies that need to be mitigated. The property was originally developed as an Albertsons Grocery Store and a gas -n - convenience store having 16 fueling positions. The gas -n -convenience store was repurposed as a Dunkin Donuts which generates less trips; and it is being proposed to occupy the abandoned Albertsons store with the same land use. It was determined that the net result of the project will be fewer site -generated trips than were previously generated by Albertsons and the gas -n -convenience store. Site -Access Impacts Site Access @ Immokalee Road The site's access on Immokalee Road was previously constructed as a right-in/out driveway, which required that a right ingress turn lane be provided. The right turn lane was designed and constructed pursuant to the minimum standards set forth by Collier County. As such, no further improvements to the site access are needed. Off -Site Parking Area Access @ Livingston Road The proposed off-site employee parking area (located on the NW corner of Livingston Road & Immokalee Road) will have one (1) right-in/out access on Livingston Road. A right ingress turn lane will be required to be designed and constructed pursuant to the minimum standards set forth by Collier County. Livingston Road has a posted speed limit of 45 MPH which will require that the taper + deceleration lane be at a minimum length of 240'. The right turn lane is a free-flow condition, so no queue storage is necessary. Off -Site Parking Area Access via Piper Road The proposed off-site employee parking area will interconnect with the eastern terminus of Piper Road, which provides signalized access to Immokalee Road via Lakeland Avenue. It was determined that the parking area will have a relatively low traffic demand on Piper Road, as well as the signalized intersection of Lakeland Avenue & Immokalee Road. Site Access @ Livingston Road The site's access on Livingston Road was previously constructed as a right-in/out driveway, which required that a right ingress turn lane be provided. The right turn lane was designed and constructed pursuant to the minimum standards set forth by Collier County. As such, no further improvements to the site access are needed. 2 Site Access @ Livingston Road The site's access on Livingston Road was previously constructed as a right-in/out driveway, which required that a right ingress turn lane be provided. The right turn lane was designed and constructed pursuant to the minimum standards set forth by Collier County. As such, no further improvements to the site access are needed. Carlton Lakes Boulevard @ Livingston Road The intersection of Carlton Lakes Boulevard and Livingston Road was previously constructed as a left -in and right-in/out median opening that provides access to both the commercial and residential land uses adjacent to Carlton Lakes Boulevard. A left ingress turn lane and a right ingress turn lane were designed and congtructed based upon build- out of the commercial and residential land uses and pursuant to the minimum standards set forth by Collier County. As such, no further improvements to the site access are needed. Purpose of Report This report was prepared pursuant to the criteria set forth by the Traffic Impact Statement Guidelines for site development plan approval (SDP) as set forth by the Collier County Government. More specifically, the study examines the potential transportation related impacts that may occur as a result of the Seed To Table grocery store and its off-site employee parking area and a public CAT park -n -ride. Study Methodology Prior to preparing the Traffic Impact Statement, the methodology for the study was established with Collier County's Transportation Planning Department between the applicant's representative (James M. Banks) and Collier County Government's representative (Mr. Steven Baluch). Scope of Project Seed To Table is a grocery store that will occupy a previously constructed commercial structure (currently vacant), which is located on the northeast corner of Livingston Road and Immokalee Road, within Collier County, Florida. The site was originally developed (SDP -00-107) as an Albertsons grocery store having one outparcel that was developed as a gas -n -convenience store with sixteen (16) fueling positions. The gas -n- convenience store was later repurposed as a Dunkin Donuts. The site has one (1) right-in/out access on Livingston Road, one (1) right-in/out access Immokalee Road and one (1) full access onto Carleton Lakes Boulevard. Carleton Lakes Boulevard is contiguous to the site's northern boundary. The project has access to Livingston Road via Carleton Lakes Boulevard, which is a southbound directional left -in and right-in/out median opening. In addition, it is being proposed to construct an off-site "employee only" parking area with a small CAT Park -n -Ride area. The off-site parking will be located on the northwest corner of Livingston Road & Immokalee Road. Employees using the off-site parking area 3 will be those that arrive/depart on a shift rotation (i.e., 7 AM and 3 PM shift rotations). In order to avoid potential auto/pedestrian conflicts, employees will be prohibited from walking between the grocery store and off-site parking lot. A shuttle bus and call station will be used for transporting employees between the off-site parking area and grocery store. Table A Ori¢inal Land Uses vs. Current & Proposed Land Uses Original Land Use Current or Proposed Land Use Principal Use Albertsons Seed To Table 61,286 s..) (Proposed 60,497 sf.) Outparcel Gas -n -Convenience Dunkin Donuts w/ 16 Fuel Positions (Existing since 2014) Off -Site Parldng None Employee Parking (237 Spaces) CAT Park -n -Ride (10 Spaces) I I I � "D 0 cl rn c J 01 NORTH Veterans Mem. Blvd I Learning Lane avina Way � 1� Entrada Ave I ' Carlton Lakes Blvd 0 I 0 o 0 3 m I > I Immokolee Rd v `a m Autumn Oaks Lane 0 m Hidden Oaks Lane 0 M C aSpanish Oaks Lane a I 0 Q) M Golden Oaks Lane 0 m 0 0 �I o LEGEND Of c 6 -LANE ARTERIAL rn S1 '> - 4 -LANE ARTERIAL/COLLECTOR — — a 2 -LANE ARTERIAL o I 2 -LANE COLLECTOR/LOCAL a RAIL ROAD a Vanderbilt Beach Rd JMB TRANSPORTATION ENC3INEERING, INC. Seed To Table Project Location & FIGURE 1 February 18, 2018 Roadway Classification ��e B ,________—_______—_____---__—______—-------------------------------- . / v / v �=� « . ^ ' n / ���___—_____—______—_________--__________—___« ~--______________—__— . ~=~~= /.11—.1-1— | . ��� � n . ! 10TAISEECAR:MY .141 AS Mll IM" BUILMHOSEMACU MDE PAMMOCA=LATWW-MKCO�WCDUt4lYWC4�41GI /A AMPAM 'Ri 111 11 STANDARD PAVEMENT SECTICNAS F®R. IG CONCRETE SIDEWALK PLANX- TYPE VCURB DETAIL I Mill I ,________—_______—_____---__—______—-------------------------------- . / v / v �=� « . ^ ' n / ���___—_____—______—_________--__________—___« ~--______________—__— . ~=~~= /.11—.1-1— | . ��� � n . ! 4 4 U.) I 5.411 aervea Thal silo 247 TOTAL PARKING , 237 TOTALS -IT 1OTOTAL PLI811C a tic M I tic PUBLIC 3A PARK & RIDC.A.TE 2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - -- - - - - - - - -IP l.if 10- LB., Hzi IJAX - - - - - - - - - - - - - - - - - - - - - - - - - - - 24 ;4- + 0 4 NC PARRIN� it F119 FK 4 A, A� 5 - - - - - - - - - - - - - - - - - - - - - - - - - - Xfsit NO CRADING NO CRADIN / NITA WIN cass PATH Co willm 0 urormas td Of POlft I- "Ormlakc ► X10-1T=1P`1 nl-1 11W Is, PATH A mar ul d ,q1p 77,— f --T tW� I X I LAOSWAllf To' -A' -TT PRIVATE PARKING G L I V,) •I I let T I wl I n FUTURE Qltlt 'I I t 111,11"I u It u, I 'I Il L PUMP LL , LiJ—!L STATION L------•_ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - — - - - - - - - - IOP]' r ....................... . Z 2 Z > 0 LIVINGSTON ROAD W 0- I n; 7 < REVIs7oNs n J e—SHEET TITLE'\ S ,- f rrE PLAN ZL r JJ 0 1 f z NORTHm Ca I SHEETNUMBERNI, 0 0 UP SCALE: 1* 40'-0' OF 14 Project Generated Traffic Seed To Table, Off-site Parking Area & CAT Park n Ride Traffic that can be expected to be generated by the Seed To Table grocery store was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 10th Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use code "Supermarket" (LUC 850) was most appropriate in estimating the proposed use trips. In addition, Collier County staff requested that the trips associated with the off-site employee parking area and CAT Park -n -Ride be estimated. As previously mentioned, the off-site parking area is to accommodate employees arriving and departing on a shift rotation (i.e., 7 AM and 3 PM shift rotations), which occurs during off-peak hour conditions. As determined, Seed To Table will generate "net new" 154 vph and 403 vph trips during the AM and PM peak hours, respectively. Table I depicts the computations performed in determining the total new trips. Also, shown on Table IA is the off-site parking area trip estimates. The off-site parking is estimated to generate no more than 150 entering/21 exiting trips during the off-peak AM period and no more than 17 entering/95 exiting trips during the off-peak PM period. Table B provides a summary of the trip generation computation results that are shown in Table 1. Table B Site -Generated Trips - Peak Hour Conditions (Summation of Table 1) Table C Off -Site Parking Area Tries (Off -Peak Hour The report concludes that Seed To Table will generate more than 100 net new trip ends during the weekday highest peak hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "more than 100 trips", which is defined as a major study. Dunkin Donuts It was previously determined that Dunkin Donuts will generate fewer trips than the gas -n - convenience store, as follows: .........In order to determine the project's net new traffic, the estimated trips for the existing gas -n -convenience store were subtracted from the estimated trips associated with the Dunkin Donut. That is, Proposed Development Trips less .Existing Development Trips = Net New Trips Table 1 (see excerpt from the Dunkin Donuts TIS in the appendix) provides a detail of the estimated total trips less existing trips. The net new trips were then adjusted to reflect a pass -by rate of 49%, but no greater than 10% of the adjacent street traffic. The following is a summary of the results. Table D Dunkin Donuts New Trips (Dunkin Donuts Trins Less Gas n Gstore Trips) Daily (ADT) AM Peak Hour (vph) PM Peak Hour (vPh) Dunkin Donuts Trips 1,678 227 88 Gas -n -C Store Trips 2,463 161 197 Net New Trips + Pass -by -785 66 -109 Net New Trips -400 34 -56 TABLE 1 TRIP GENERATION COMPUTATIONS Seed to Table - Grocery Store Land Use Code Land Use Description 850 Supermarket Land Use Code Trip Period LUC 850 Daily Traffic (ADT) _ AM Peak Hour (vph) = PM Peak Hour (vph) = Pass -by Trips per ITE = 36% New Daily Traffic (ADT) _ New AM Peak Hour (vph) = New PM Peak Hour (vph) = Off -Site Employee Parking Area Time Period (Shift Rotation) 6:15 to 7:15 AM 12:00 to 1:00 PM 2:45 to 3:15 PM Build Schedule 60,497 s.f. Trip Generation Equation (Based upon S. F.) T= 66.95(X) + 1,391.56 = T= 3.40(X) = 62% Enter/ 38% Exit = Ln(T) = 0.74Ln(X)+3.25 = 51% Enter/ 49% Exit= ADT) x (% of New Trips) (AM) x (% of New Trips) 62% Enter/ 38% Exit = (PM) x (% of New Trips) 51% Enter/ 49% Exit = No. of Emplyees/Shift 120 Employees Employee Shuttle CAT Park n Ride Total = 60 Employees Employee Shuttle Total = 70 employees CAT Park n Ride Total = 6.1 Total Trips Trips Enter/Exit 5,442 ADT 206 vph 128 / 78 vph 537 vph 274 /263 vph 25% Pass -by Rate 4,081 ADT 154 vph 96 / 59 vph 403 vph 205 /197 vph Trios Generated 120 Enter/ 0 Exit 20 Enter/ 20 Exit 10 Enter/ 1 Exit 150 Enter/ 21 Exit 10 Enter/ 50 Exit 12 Enter/ 12 Exit 22 Enter/ 62 Exit 1 Enter/ 70 Exit 15 enter/ 15 Exit 1 Enter/ 10 Exit 17 Enter/ 95 Exit Existing + Committed Road Network Table 2A describes the E + C road network. As shown, there are no significant 5 -year committed roadway improvements within the project's area of impact. The two principal arterials that will provide immediate access to the site are Immokalee Road and Livingston Road. Livingston Road is classified as a six -lane divided arterial. The road functions as a primary north/south arterial that extends between its southern terminus at its intersection with Radio Road to its northern continuation as Imperial Parkway at the Collier/Lee County line. Within proximity of the site, the posted speed limit of is 45 MPH. Immokalee Road is classified as a six -lane divided arterial. The road functions as a primary east/west interconnect between the northern Golden Gate Estates Area and northwest Collier County, as well as continues north/south to the Immokalee Community and interconnects with S.R. 29. Within proximity of the site, the posted speed limit of Immokalee Road is 45 MPH. Carlton Lakes Boulevard is a two-lane local road. Livingston Road @ Immokalee Road is a four-way intersection and is controlled by a traffic signal. Table 2A provides a detail of the surrounding E + C road network and their respective minimum level of service performance standards and capacity. Project Generated Traffic Distribution The project's net new traffic was distributed to the surrounding road network based upon logical means of ingress/egress, current and future traffic patterns in the area, demographics, competing markets, as well as growth trends for the surrounding areas. Table 2A and Figure 2A provide a detail of the traffic distributions based on a percentage basis and depicts the expected net new AM and PM traffic distributions for peak hour peak direction and non -peak direction. Figure 2B and Figure 2C depict the site -generated turning movements at the project's access on Livingston Road and Immokalee Road for the AM & PM peak hour and "shift - rotation" peak hour conditions, respectively. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Table 2A describes the project traffic distributions and the level of impact on the surrounding roadways_ As shown, there were no roadways that were found to be impacted by 2% or 7 �j c 0 V) rnI C_ >I .J � I Veterans Mem. Blvd I Learning Lane avina Way m� Entrada Ave f ' Carlton Lakes Blvd I � O 'N 15% I 25% 20% -d 10. Immokolee Rd 2�-5�� �► �—► v I > a� 0 O N m IF o O m C O a L a I , > m 0 m s I o o° Qf 0 v5 Cn rn c > J , a. l Vanderbilt Beach Rd LEGEND Q NORTH N_T.S. r.- -a -v 0 0 3 0 � Autumn Oaks Lane Hidden Oaks Lane Spanish Oaks Lane Golden Oaks Lane 6f—%► Project Traffic Distribution by Percentage' JM TRANSPORTATION ENGINEERING, ING. Seed To Table February 18, 2018 1.I Project Generated Traffic Distribution FIGURE 2A TABLE 2A PROJECT'S AREA OF IMPACT Project Traffic Peak Direction (vphpd) = 205 Entering Project Traffic Non -Peak Direction (vph) = 197 Exiting N LOS Service Project Project PK Dir. PK Direction Project Pk Hr Project Pk Hr Project Road Serv. Vol. Volume Traffic PK Dir Pk Hr Non -PK Dir Non -Pk Impact Percent Significant Class LOS(vphpd) % Dist. (vphpd) Pk Dir Nph) DiR Standard Impact Impact 1.0 Airport Pulling Rd Immokalee to Vanderbilt 4D D 2200 5% 10 N 10 S 2% 0.47% NO 41.2 Immokalee Road Goodlette-Frank to Airport 6D E 3100 15% 31 E 30 w 2% 0.99% NO 42.1 Airport Road to Livingston Rd 6D E 3100 20% 41 E 39 w 2% 1.32% NO 42.2 Livingston Rd to I-75 6D/8D E 3500 25% 51 w 49 E 2% 1.46% NO 43.1 1-75 to Logan Blvd 6D/8D E 3500 25% 51 w 49 E 2% 1.46% NO 43.2 Logan Blvd to C.R. 951 6D E 3200 20% 41 w 39 E 3% 1.28% NO 51.0 Livingston Road Imperial St to Immokalee Rd 6AD D 3000 20% 41 S 39 N 2% 1.37% NO 52.0 Immokalee Rd to Vanderbilt 6D E 3100 20% 41 N 39 S 2% 1.32% NO 53.0 Vanderbilt to Pine Ridge Rd 6D E 3100 10% 21 N 20 S 2% 0.66% NO 54.0 Pine Ridge Rd to Golden Gate Pkwy 6D E 3100 5% 10 N 10 S 2% 0.33% NO N 1.3 r r` a co .. CO a- NORTH N.T.S. rn � a Carlton AM 24 PM 32 Lakes Blvd AM 49 PM 64 r� CL � rn C a O � p� Seed To Table Traffic :AM, = 128 enter / 78 exit ?M = 274 enter / 263 exit AM 87 PM 138 —� Dunkin Donuts Traffic AM = 116 enter 115 exit PM = 44 enter / 44 exit � a_ r 00 M CL a a CO 00 a Immokalee Rd �--- AM 48 PM 77 a AM 39 PM 61 : �AM 61 PM 80 AM 48 PM 77 ► AM 48 PM 77 v - co CL rn a LEGEND �— AM 28 : PM 58 Seed To Table & Dunkin Donuts Traffic AM Peak Hour PM Peak Hour JMB TRANSPORTATION ENGINEERING, INC. Seed To Table Project Generated FIGURE 213 Traffic Assignment February 18, 2018 1.3 greater than its adopted level of service. As such, only Immokalee Road and Livingston Road were considered to be impacted by the project. 2017 thru 2018 Project Build -out Traffic Conditions In order to establish 2017 thru 2018 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction factor as shown on Table 2B was derived from the 2017 Collier County AUIR Reports. The annual growth rate was also obtained from the 2017 AUIR Report. Using the annual growth rate, the 2018 background traffic conditions were determined, which are depicted in Table 2B. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2017 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The 2018 vested trips 'Y' background traffic volumes are depicted in Table 2B. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2018 background traffic. The net new project generated traffic was then added to the background traffic. Table 2C provides a summary of the 2017 thru 2018 traffic conditions and the roadways' level of service and remaining available capacity. As shown, all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build -out. Site -Access Impacts Site Access @ Immokalee Road The site's access on Immokalee Road was previously constructed as a right-in/out driveway, which required that a right ingress turn lane be provided. The right turn lane was designed and constructed pursuant to the minimum standards set forth by Collier County. As such, no further improvements to the site access are needed. Off -Site Parking Area Access @ Livingston Road The proposed off-site employee parking area (located on the NW corner of Livingston Road & Immokalee Road) will have one (1) right-in/out access on Livingston Road. A right ingress turn lane will be required to be designed and constructed pursuant to the minimum standards set forth by Collier County. Livingston Road has a posted speed limit of 45 MPH which will require that the taper + deceleration lane be at a minimum length of 240'. The right turn lane is a free-flow condition, so no queue storage is necessary. Off -Site Parking Area Access via Piper Road The proposed off-site employee parking area will interconnect with the eastern terminus of Piper Road, which provides signalized access to Immokalee Road via Lakeland Avenue. It was determined that the parking area will have a relatively low traffic demand 8 on Piper Road, as well as the signalized intersection of Lakeland Avenue & Immokalee Road. Site Access @ Livingston Road The site's aceess on Livingston Road was previously constructed as a right-in/out driveway, which required that a right ingress turn lane be provided. The right turn lane was designed and constructed pursuant to the minimum standards set forth by Collier County. As such, no further improvements to the site access are needed. Site Access @ Livingston Road The site's access on Livingston Road was previously constructed as a right-in/out driveway, which required that a right ingress turn lane be provided. The right turn lane was designed and constructed pursuant to the minimum standards set forth by Collier County. As such, no further improvements to the site access are needed. Carleton Lakes Boulevard @ Livingston Road The intersection of Carleton Lakes Boulevard and Livingston Road was previously constructed as a left -in and right-in/out median opening that provides access to both the commercial and residential land uses adjacent to Carleton Lakes Boulevard. A left ingress turn lane and a right ingress turn lane were designed and constructed based upon build -out of the commercial and residential land uses and pursuant to the minimum standards set forth by Collier County. As such, no further improvements to the site access are needed. 42.1 Immokalee Road 42.2 51.0 Livingston Road 52.0 TABLE 2B 2017 & 2018 ROADWAY LINK VOLUMES Per Vested Trips Methc Per Growth Rate Method 2018 2018 Peak Hour 2017 Growth Peak Hour PK Direction AUIR AUIR Rate PK Direction Trip Background Traffic Pk per Background Bank Per Vested Trips (vphpd) DiR AUIRvrvphpd? vvphpd)v( phpd) Airport Road to Livingston Rd 2790 W 2.00% 2846 5 2795 Livingston Rd to 1-75 2460 E 2.00% 2509 29 2489 Imperial St to Immokalee Rd 1180 N 2.00% 1204 99 1279 Immokalee Rd to Vanderbilt 1610 N 2.00% 1642 38 1648 TABLE 2C 2018 ROADWAY LINK VOLUMEICAPACITY ANALYSIS 2018 2018 2018 2018 2018 2017 Peak Hour Peak Hour Project Project Build -Out Sere. Vol. Build -Out Build -Out Peak Hour PK Direction Bkgd PK Direction Pk Hr Prjct Pk Hr Prjct Peak Hour P k Hr Peak Hour Peak Hour PK Direction Background Pk Background PK Dir Pk Non -PK Dir Non -Pk PK Dir PK Dir PK Direction PK Direction v( phpd) LOSv( phpd) Dir LOS v h d Dir (vph) Dirv( phpd) v h d v/c Ratio LOS 42.1 Immokalee Road Airport Road to Livingston Rd 2790 E 2795 W E 41 E 39 W 2834 3100 0.91 E 42.2 Livingston Rd to 1-75 2460 D 2489 E D 51 W 49 E 2538 3500 0.73 D 51.0 Livingston Road Imperial St to Immokalee Rd 1180 B 1204 N B 41 S 39 N 1243 3000 0.41 B 52.0 Imrnokalee Rd to Vanderbilt 1610 B 1642 N B "'11 N 39 S 1683 3100 0.54 B Miscellaneous Documents APPENDIX 10 JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT For Immokalee Road & Livingston Road - Albertsons Insubstantial Change to SDP -00-107 (Dunkin Donuts - NE Corner of Immokalee Rd @ Livingston Rd) October 4, 2012 Prepared by: JM8 TRANSPORTATION ENr.INEERINrm, INC. 761 21 ST STREET NW NAPLES, FLORIDA 341 20 (239) 919-2767 CERTIFICATE OF AUTHORIZATION NO. 2783❑ (PROJECT NO. 1 2091 2) JAMES M. BANKS, P.E. DATE FLORIDA REG. No. 43860 AI TABLE 1 Albertson Insubstantial Change to SDP -00-107 (Proposed Dunkin Donuts) Trip Generation Computations Land Use Code Land Use Code Description Build -out Schedule Existing LUC 945 Gas/Service Station w/ Convenience Store = 2,029 s.f. Proposed LUC 937 Coffee/Donut Shop w/ Drive-T'hru = 2,049 s.f. DAILY TRAFFIC (ADT) Proposed (LUC 937) Daily = T=818.58(X) = 818.58(2.05)= 19678 ADT Existing (LUC 945) Daily = (Peak Hour) / 8% = (197) / 8% - 2,463 ADT Net Difference = 785 ADT AM PEAK HOUR TRAFFIC (VPH) Proposed (LUC 937) AM Peak Hour = T =110.75 (X) = 110.75 (2.05) = 227 vph Existing (LUC 945) AM Peak Hour = T = 79.3 (X) = 79.3 (2.03)= - 161 vph Net Difference = 66 vph 51 %Enter/49%Exit = 34/32vph PM PEAK HOUR TRAFFIC (VPH) Proposed (LUC 937) PM Peak Hour = T = 42.93 (X) = 42.93 (2.05)= 88 vph Existing (LUC 945) PM Peak Hour T = 97.08 (X) = 97.08 (2.03)= - 197 vph Net Difference = - 109 vph 500/oEnter/50%Exit = - 55/54vph Net New Trips (Adjusted for Pass -by Capture) PASS-BYADJUSTMENT ITE Pass By Percentage = 49 % NEW DAILY TRAFFIC (ADT) Daily Traffic = (-785) * 51% - 400 ADT NEW AM PEAK HOUR TRAFFIC (VPH) AM Peak Hour = (66) * 51% = 34 vph 51 %Enter/49%Exit = 17/17 vph NEW PM PEAK HOUR TRAFFIC (VPH) PM Peak Hour = (-109) * 51% - 56 vph A2 Paan.nmtnolowN aovxw aAAml un 11001(4e1I SNE. I F " 1n � b3g� I iaRnl URE a,lc6ouRNFAsr uaTHEwulwwsrwa I BECT1ou s. I m �3�� "� I ffftFd55 H � I Hitq� gyp I €SIR I E I I 60 D 30 e0 120 lit a o SCALE: 1' -BIT ry MW REMAINDER OF I I LEGEND z 3 COLLIER COUNTY vuaEt uo. aolmm9mN twt.soaclm0. I I (P): PLAT DATA (S) SURVEYED DATA (TM)TYPICAL O 7 O vA9elt) I m n m Q I LL w I a s COLLIER COUNTY PARCEL OpllaleC BOOR MIO —.0.1) I a (M I GENERAL NOTES ri k I 4 I /.M: FWNO CONCRETE MONUMENT WITH BRASS DISC STAMPED JERNIGAN. 2.0. SET 5I0' PON PIN AND CAP STAMPED CEC LS 2464 Z j i�is y 1A d r 5 2.81. FOUND SIB' IRON PPI AND CAP STAMPED AS NOTED. 4. BEARINGS BASED ON A GRID BEARING OF NW15WV ON THE EAST LINE OF SECTION 24 TOWNSIi 48 SOUTH. RANGE 25 FAST, COLTER COUNTY, FLORIDA, Q Q hhk ry Q ,I Y BOUNDARY - e z REMAINDER OFTHIS vOl COLLIER COUNTY 10 3. THE DATE OF 15 CERTIFIED TO THE DATE OF THE FIELD SURVEY• NOT O s t p o 4 y MM¢dGIMT4 oauxemo�oi I J O : m 1: ro 10.0H 12gUw I II oo�o- U) w aLL LL O h Q =�vm I cf) LUW SEED TO TABLE o SEED TO TABLE GMP BOUNDARY LEGAL DESCRIPTION Q — Jw H p W N A PARCEL OF LAND LYING IN THAT PART OF THE EAST ONE4ALF(E Y,)OF THE O N U U) hg i SOUTHEAST ONE-QUARTER (SE Y,) OF THE SOUTHEAST ONE-QUARTER (SE K) OF SECTION 24. TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Q x ih� h0 w I COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24. RUN N00`7578• W ALONG THE EAST LINE OF SAID SECTION 24 FOR 100,14 FEET TO W pp p O Z� AN INTERSECTION WITH THE EASTERLY PROLONGATION OF THE NORTH LINE OFAONE HUNDRED FOOT WIDE CANALFIGHT-0F-WAY: € @d I I I r wAr uNEaumanwPo.o (100) THENCE ALONG SAID LINE S 89'1747' W 275.01 FEETTO AN IRERSECTDN WITH THE SOUTHERLY PROLONGATION OF THE WEST RIGHT -0F -TAY LINE OF ., d Op LL LMNGSTON ROAD. THENCE ALONG SAID LME N 0011"6'W FOR 60.00 FEET TO THE PONT OF v Orn zzLI, 111 -1 nXF BEGINNING: I FLORIDA POWER AND UGHT NaEt No.lNlexamoe luA,eOd[17b. PA9E1 em I THENCECONTNUEALONGSAID RICHT-OF-WAYLINE N00'15WWFOR 1.172X FEET TO THE NORTH UNE FTHE SOUTHEAST ONE-0UARTER(SE %)OF THE SOUTHEAST ONE-QUARTER �) OF SAID SECTION N: WnwI+Z15 w C (SE N•� Jz I THENCE ALONG SAID NORTH LINES 89.067TWFOR ADISTANCE OF 2250/wSZ FEET: T( O t '�'� g I THENCE 5001578' E FOR A DISTANCE OF 1.17Z41w 41 FEET TO THE SOUTHEAST GF a gg "•TS� = CORNER OF THOSE LANDS RECOROED IN O.R. BOOK 1682, PAGE 1082 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: 0 1W226Y1�1 W1 1224M COLLIER I I I THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LANDS B9'174T E FOR A DISTANCE OF 235.00 FEET TO THE POINT OF BEGINNING: THE ABOVE DESCRIBES APPROXIMATELY 275,561 SQUARE FEET OR SM ACRES COUNTY L PNaF1N(1 y�Rr � m115N00901 FFFF tox eoa lMz o-- I OF LAND. PAOEam POINT OE BEGINNING .Rn�f o6srea % 9'� ) I z I"' IN0TPN0Lweol _ NBYTM7< +12.PF�1 PaM1 NN m wr1 rs a6m I ZZ S J 5LLI N p PIPER BO jeAFq • COLLIE a:eaoml 0 'I 1 I Fowo sr qw COASTAL ENOMEERNG CONSULTANTS. INC. ¢wO Cn Z EDD m $ 'LU mAloKrwAY 8 IRpTNC lI0EU1 _______ ________ ] 111"` -- d a6tE1 MP1>< TAAI' FLORIDABUSINESSAUTHOR17ATIONNO.LB2481 t.M.�+.eYe, �. ���•�i°•"'a` Q(7Z 0 U NeTi Q Z Q U W O t 0 _ v WP AtmcAv r.rn min I $ POINTOF COMMENCEMENT I RICHARD A EWWG. VP��1�M PROFESSIONAL SURVEYOR AND MAPPER O N� MANPEOCOM6 7NP48tA1M RMaEc35EAu6T. wuRe GOMIn. TLaRE\ FLORIDA CERTIFICATE NO. 5285 NOT VALID WITHOUT THE SIGNATURE AND $ g 3i y Y 24 19 25 30 THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER DATEOF FIELD SURVEY'. M11I18 DATE OF SIGNATURE: SHEET 1 OF 1 FILE NO,: 17.197 ECONOMIC DEVELOPMENT AGREEMENT This Economic Development Agreement (hereinafter referred to as "Agreement") is entered into this day of , 2018, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners (hereinafter referred to as the "County"), and Oakes Farms, Inc., a Florida corporation (hereinafter referred to as "Employer"). RECITALS: WHEREAS, Collier County enjoys broad Home Rule Powers, which include the authority to enter into agreements to enhance economic development within the County; and WHEREAS, Florida Statute Sec. 125.045 expressly provides that "The governing body of a county may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the governing body of a county, including any powers not specifically prohibited by law which can be exercised by the governing body of a county, must be liberally construed in order to effectively carry out the purposes of this section;" and further that "it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community;" and WHEREAS, Employer has purchased a long -vacant commercial building formerly utilized as an Albertson's Supermarket located at 4835 Immokalee Road, Naples, Florida, on the east side of Livingston Road; and WHEREAS, Employer is converting this vacant building into a facility which will be a multipurpose retail food business, as described in the Business Plan attached hereto as Exhibit A; and Page 1 WHEREAS, it is anticipated that Employer will be hiring several hundred workers for this facility; and WHEREAS, there is insufficient parking at the facility to handle the employee parking needs; and WHEREAS, Collier County is the owner of a vacant parcel across the street from the facility, identified as Parcel No. 00162960004 on the Property Appraiser's rolls; and WHEREAS, Collier County acquired the vacant parcel in 1990 for purposes of establishing Livingston Road, with the remainder of the parcel being largely viewed as surplus property; and WHEREAS, Collier County is presently unaware of single inquiry from anyone since 1990 expressing an interest in purchasing or leasing the remainder of the parcel; and WHEREAS, Collier County is willing to lease the remainder of the parcel, located on the west side of Livingston Road, as depicted in Exhibit B, to Employer on the terms and conditions set forth below and in the Lease Agreement attached as Exhibit C, which terms Employer is agreeable to; and WHEREAS, the Board expressly finds that the opening of this facility and development of the project will result in substantial economic benefits to the County, including but not limited to the creation of hundreds of jobs and a net increase to the County's tax base. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows: herein. 1. The foregoing Recitals are true and correct and are incorporated by reference 2. Employer will conduct itself in a commercially reasonable manner to obtain all development orders, permits, licenses, and otherwise meet all requirements in order to open and operate the contemplated business. 3. Unless extended in writing for good cause by the County Manager, should Employer fail to open the contemplated business by January 1, 2020, this Agreement will be Page 2 brought back to the Board of County Commissioners for review and reconsideration, which may include termination. Upon such termination, neither party will have any further obligation to or claim against the other with respect to any of the matters set forth in this Agreement and the Lease. Legal Matters 5. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. 6. This Agreement constitutes the entire agreement between the parties with respect to the matters set forth herein and supersedes and takes the place of any and all previous representations, undertakings, and agreements between the parties relating to this transaction. This Agreement does not constitute a lien on the property, and cannot be assigned or transferred by Employer without the prior written consent from the County. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. Remainder of Page Left Intentionally Blank Signature Page to Follow Page 3 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk 0 , Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney AS TO OAKES FARMS, INC. Signed, sealed and Delivered in the presence of In Signature Print ame ��ature Printed Name STATE OF FLORIDA _ COUNTY OF BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Andy Solis, Chairman The foregoing Agreement was acknowledged before me this ��day of2018, by =- mac, CA--qc.C- S = ., who is personally known to me or has produced �;QWG as proof of identity. [NOTARIAL SEAL] KIM E I.ATTIMER MY COMMISSION # GG122296 •.,Sa EXPIRES July 06, 2021 Signature of Person Taking Acknowledgment Page 4 This Long -Tenn Ground Lease (hereinafter referred to as "Ground Lease") is entered into this -Ad day of (LIOI Q01 8, by and between Oakes Farms, Inc., a Florida corporation, whose mailing address is 7695 Santa Cruz Court, Naples, FL 34109, hereinafter referred to as "Lessee", and Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tainiami Trail, Naples, Florida 34112, hereinafter referred to as "Lessor," collectively stated as the "Parties." RECITALS: WHEREAS, Collier County enjoys broad Home Rule Powers, which include the authority to enter into agreements to enhance economic development within the County; and WHEREAS, Florida Statute Sec. 125.045 expressly provides that "The governing body of a county may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the governing body of a county, including any powers not specifically prohibited by law which can be exercised by the governing body of a county, must be liberally construed in order to effectively carry out the purposes of this section;" and farther that "it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community;" and WHEREAS, the Parties this date have entered into an Economic Development Agreement. This Lease and the Parties' Economic Development Agreement are meant to constitute the Parties' full agreement with respect to the matters stated therein, and each of these two agreements is dependent upon the other; and WHEREAS, it is the Board's finding that it is in the public interest to lease this property to Lessee on the terms and conditions set forth below. WITNESSETH: NOW,, THEREFORE, in consideration of the terms and conditions contained herein and in the concomitant Economic Development Agreement between the Parties, the Parties hereby agree as follows: Page 1 of 12 1. Conveyance. On the terms and conditions set forth in this Ground Lease, and in consideration of Lessee's performance under this Ground Lease, the Lessor conveys to the Lessee the present possessory interest in the Leased Land described below. 2. Description of Leased Land. The Leased Land which is the subject of this Ground Lease is set forth and identified in Exhibit "A," hereinafter referred to as the "Leased Land or Premises." 3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has examined the title and boundaries of the Leased Land and is accepting the parcel "as is." Accordingly, this conveyance is subject to all of the following: a. Any and all conditions, restrictions, encumbrances, and limitations now recorded against the Leased Land, including but not limited to FPL restrictions; b. Any and all existing or future zoning laws or ordinances; c. Any questions of title and survey that may arise in the future; and d. Lessee's satisfactory performance of all terms and conditions of this Ground Lease. 4. Use of Leased Land. The primary purpose of this Ground Lease is for Lessee to construct and operate an employee parking lot in conjunction with a business as described in the Parties' Economic Development Agreement. Accordingly., Lessee shall utilize the Leased Land as follows: • Lessee shall pay all costs to design, construct, and maintain an employee parking lot, which lot shall be subject to approval by Collier County, which approval shall not be unreasonably withheld. • Lessee shall notify, in writing, all contractors making tenant improvernents or regular maintenance that Lessor's interest in the property is not subject to any construction liens. The Lessee shall also include language in any construction contract whereby the applicable entities acknowledge receipt of such no -lien notice and agree that they will not lien the landlord's interest in the property for any tenant improvement. Lessee shall submit all tenant improvement and maintenance contracts to the Lessor for prior review and approval of any tenant improvements or regular maintenance, which approval shall not be unreasonably withheld. Lessee shall remove, satisfy or bond off any claims of lien recorded against the Lessor's interests by the Lessee's contractors, and to indemnify, defend and hold the Lessor's harmless with respect to any such liens. The Lessee shall pay the landlord a liquidated daily fee until any lien is satisfactorily removed. The parking lot shall include at least twenty-four spaces for Collier Area Transit/Park and Ride vehicles. Accommodations shall be made by Lessee to allow for Collier Area Transit Buses to enter and exit the parking lot. Lessee shall develop and construct a County approved and properly permitted pedestrian sidewalk from the Southern facing portion of the parking lot, along Piper Boulevard to the existing pedestrian cross -walk located at Livingston Road and Immokalee Road. Page 2 of 12 • Lessee shall construct and maintain a 6ft interior perimeter fence or wall that will surround the parking lot areas with appropriate openings or gate access to allow for vehicle ingress and egress to the parking lot, pedestrian access to shepherd anyone using the parking facility to utilize the existing cross -walk at the intersection of Immokalee Road and Livingston Road, and any other required access for Collier County or FPL to neighboring properties, rights -of -ways, or easements. ® Lessee shall develop and construct an enhanced type "D" landscape buffer facing Livingston Road with a double hedgerow 6ft in height, no less than 5ft in height at planting and 6ft in height established within one year of planting, adjacent to the entire perimeter fence. • The parking lot may not be used by customers of the business serviced by the lot. • Lessee shall be solely responsible for acquiring all required permits and FPL agreements to utilize the Leased Land. Parking lot attendant(s) must be on site during store operating hours to prevent employees/pedestrians from crossing anywhere from site to store, across Livingston Road, except from the designated and properly marked crosswalk located at Livingston Road and Immokalee Road. e The site shall be regularly maintained, may not be used for truck unloading or parking (delivery, tractor -trailer, offsite storage, etc.) or overnight parking, and will be regularly monitored for security by the Lessee. 5. Lessee's Obligation to Build. Lessee shall design, permit and construct in compliance with all governmental regulations, at its sole cost and expense, a parking lot and attendant facilities to be solely utilized for the uses described above. The plans, specifications, and design for the Lessee's improvements to be constructed on the Leased Land are subject to reasonable approval by Lessor. Lessor shall have thirty (30) days after receipt of any submittal by Lessee to review Lessee's submittals and provide a written response as to whether the submittal is approved as submitted, not approved as submitted, or Lessor may provide Lessee with requested changes. If the submittal is not approved or if Lessor requests changes, Lessee shall submit revised plans that will meet with Lessor's approval or incorporate the requested changes into the plans. If Lessee determines not to revise its plans, then Lessee may terminate this Ground Lease. Lessee may make nonmaterial changes to the approved plans from time to time to accommodate site issues or operating changes to Lessee's use of the Leased Land. Material changes from the approved plans will require Lessor's written approval, which approval shall not be unreasonably withheld. All plans shall conform with Collier County standards. Construction must commence no later than two years from the date of this Ground Lease. In the event Lessee does not commence construction within such period, then the Lessor shall have the right to terminate this Lease, and neither party shall have any further obligations to the other party. Upon commencement of construction, Lessee shall diligently pursue said construction to completion and complete said construction on or before twenty-four (24) months from commencement, subject to delays beyond the control of the Lessee. Lessee shall be solely responsible for the costs of repairing any damage to Lessor's roads, water and sewer facilities or other infrastructure located within or outside the Leased Land resulting from construction or use by Lessee, its agents, officers or employees. Lessee must demonstrate to Lessor that it has sufficient funds necessary to complete any proposed project, and Lessor may require, as part of its approval, the posting of a construction bond or like security to assure completion of the proposed project. Page 3 of 12 The proposed uses for the Leased Land will require an amendment to the Collier County Growth Management Plan ("GMP"), a rezone of the Planned Unit Development ("PUD"), site development plan approval ("SDP"), South Florida Water Management District permit and other federal, state and local permits (hereinafter collectively referred to as ("Governmental Approvals"). Lessee will apply for the necessary Governmental Approvals at its sole expense. Lessor agrees to execute all applications to Governmental Approvals as the owner of the Leased Land. 6. Term of Ground Lease. The term of this Ground Lease shall commence on the date first above written, and unless terminated earlier by the Parties, shall terminate on the 20-year anniversary date of this Ground Lease. Unless either party gives the other party at least one year's notice in advance of the renewal term, the term shall automatically renew for two additional periods of five years. If Lessee holds over after the expiration of the lease term, such tenancy shall be from month to month under all of the terms, covenants, and conditions of this Ground Lease subject, however, to Lessor's right to seek legal relief to eject Lessee from the Premises as a holdover. 7. Rent. Throughout the term of this agreement, including any renewal term, the Lessee shall pay to Lessor the sum of $1,000.00 per annum, payable on the commencement date of this Lease, as well as the anniversary date each year thereafter. 8. Net Lease. This is a fully net lease, with Lessee responsible for all costs, fees, and charges concerning the Leased Land. Accordingly, Lessee shall promptly pay when due and prior to any delinquency all costs, fees, taxes, trash removal services, assessments, utility charges, impact fees and obligations of any kind that relate to the Leased Land. Lessee will indemnify and hold Lessor harmless from any and all claims, costs, .and obligations arising from Lessee's use of the Premises. In case any action or proceeding is brought against Lessor by reason of Lessee's use of the Premises, Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Lessor shall so request, at Lessee's expense, by counsel reasonably satisfactory to Lessor. It is specifically agreed, however, that Lessor may at its own cost and expense participate in the legal defense of such claim, with legal counsel of its choosing. 9. Lessee's Liens and Mortgages. Lessee shall not in any way encumber the Premises, and shall promptly remove any and all liens placed against the Premises. All persons to whom these presents may come are put upon notice of the fact that the interest of the Lessor in the Premises shall not be subject to liens for improvements made by the Lessee and liens for improvements made by the Lessee are specifically prohibited from attaching to or becoming a lien on the interest of the Lessor in the Leased Land or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes. 10. Lessee's Obli at'on to Maintain Premises and Co l , h All Lawful -. Requirements. Lessee, throughout the term of this Lease, at its own cost, and without any expense to the Lessor, shall keep and maintain the Leased Land, including any improvements thereon, in good, sanitary and neat order, condition and repair, and shall abide with all lawful requirements. If the Premises are not in such compliance in the reasonable opinion of Lessor, Lessee will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such Page 4 of 12 notice and prosecuted diligently until corrective action is completed, Lessor may cause the same to be corrected, and Lessee shall promptly reimburse Lessor for the expenses incurred by Lessor, together with a 5% administrative fee. 11. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee has not defaulted on any of the teens of this Ground Lease. Accordingly, Lessee shall have the exclusive right to use the Premises during the term of this Lease. 12. Condemnation. Lessor may terminate this Lease as part of a condemnation project brought by the Federal or State government. Lessor will use its best efforts to mitigate any damage caused to Lessee as a result of such termination; however, in no event will Lessor be liable to Lessee for any compensation as a result of such termination. 13. Access to Premises. Lessor, its duly authorized agents, contractors, representatives, and employees, shall have the right after reasonable oral notice to Lessee, to enter into and upon the Premises during normal business hours, or such other times with the consent of Lessee, to inspect the Premises, verify compliance with the terms of this Ground Lease, or make any required repairs not being timely completed by Lessee. 14. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within thirty (30) days after termination of the lease term, Lessee shall redeliver possession of the Premises to Lessor in good condition and repair. Lessee shall have the right at any time during Lessee's occupancy of the Premises to remove any of its personal property, equipment, and signs provided, however, at the termination of this Ground Lease, Lessor shall have the option of either requiring Lessee to demolish and remove all improvements made by Lessee to the Leased Land upon Lessee's vacation thereof, or to require Lessee to retain said improvements with fixtures on the Leased Land which improvements and fixtures will become the property of the Lessor upon Lessee's vacation of the Premises. 15. Assianrnent. This Ground Lease is personal to Lessee. Accordingly, Lessee may not assign this Ground Lease or sublet any portion of the Leased Land without the express prior written consent of the Lessor, which consent may be withheld in Lessor's sole discretion. Any purported assignment or sublet without the express written consent of Lessor shall be considered void from its inception and shall be grounds for the immediate termination of this Lease. Lessor may freely assign this Lease upon written notice to Lessee. 16. Insurance. a. Lessee shall provide and maintain a Commercial General Liability insurance policy, approved in writing by Lessor and the Collier County Risk Management Department, for not less than Three Million and 00/100 Dollars ($3,000,000.00) combined single limits during the term of this Ground Lease. If such amounts are less than good insurance industry practice would require, Lessor, reserves the right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice to do so. Page 5 of 12 b. In addition, Lessee shall provide and maintain Worker's Compensation Insurance covering all employees meeting the then existing Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand and 00/100 Dollars ($100,000.00) per each accident. If such amounts are less than good insurance industry practice would require, Lessor, reserves the right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice to do so. c. Lessor shall be named as an additional insured on the Commercial General Liability insurance policy. The above-described insurance policies shall list and continuously maintain Lessor as an additional insured thereon. Evidence of such insurance shall be provided to Lessor and the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Ground Lease; and shall include a provision requiring not less than ten (10) days prior written notice to Lessor in the event of cancellation or changes in policy(ies) coverage. If such amounts are less than good insurance practice would require, Lessor reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to Lessee, whereupon receipt of such notice Lessee shall have thirty (30) days in which to obtain such additional insurance. The issuer of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against Lessor, its employees, representatives, and agents. d. Failure to continuously abide by all of these insurance provisions shall be deemed to be a material breach of this Ground Lease and Lessor shall have the remedies set forth below. 17. Defaults and Remedies. a. Defaults by Lessee. The occurrence of any of the following events and the expiration of the applicable cure period set forth below without such event being cured or remedied will constitute a "Default by Lessee" to the greatest extent then allowed by law: i. Discontinuation of Lessee's operation of the business contemplated in the Parties' Economic Development Agreement for a continuous period of 180 days and such default is not cured within sixty (60) days after Lessor provides written notice of default to Lessee. ii. Making of a general assignment of the benefit of creditors for a continuous period of 180 days and such default is not cured within sixty (60) days after Lessor provides written notice of default to Lessee. iii. Lessee's failure to utilize the Leased Land as set forth above for a continuous period of sixty (60) days, and such default is not cured within sixty (60) days after Lessor provides written notice of default to Lessee . Page 6 of 12 iv. Any lien is filed against the Leased Land or Lessee's interest therein or any part thereof in violation of this Ground Lease, or otherwise, and the same remains unreleased for a period of sixty (60) days from the date of filing unless within such period Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded for a continuous period of 180 days and such default is not cured within sixty (60) days after Lessor provides written notice of default to Lessee. V. Failure of Lessee to perform or comply with any material covenant or condition made under this Ground Lease, which failure is not cured within ninety (90) days from receipt of Lessor's written notice stating the non- compliance shall constitute a default (other than those covenants for which a different cure period is provided), whereby Lessor may, at its option, terminate this Ground Lease by giving Lessee thirty (30) days written notice unless the default is fully cured within that thirty (30) day notice period (or such additional time as is agreed to in writing by Lessor as being reasonably required to correct such default). This Lease Agreement is dependent upon the Economic Development Agreement being in full force and effect.. Should the Economic Development Agreement terminate for any reason, including Lessee's failure to open the contemplated business, this Agreement will automatically terminate as well. b. Remedies of Lessor. i. In the event of the occurrence of any of the foregoing defaults, Lessor, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all individuals, entities and/or property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. If Lessee does not cure the defaults in the time frames as set forth above, and Lessor has removed and stored property, Lessor shall not be required to store for more than thirty (30) days. After such time, such property shall be deemed abandoned and Lessor shall dispose of such property in any manner it so chooses and shall not be liable to Lessee for such disposal. ii. If Lessee fails to promptly pay, when due, any full installment of rent or any other sum payable to Lessor under this Ground Lease, and if said sum remains unpaid for more than five (5) days past the due date, the Lessee shall pay Lessor a late payment charge equal to five percent (5%) of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2%) percent per month or the highest interest rate then allowed by Florida law, Page 7 of 12 whichever is higher ("Default Rate"), which interest shall be promptly paid by Lessee to Lessor. iii. Lessor may sue for direct, actual damages arising out of such default of Lessee or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessee under this Ground Lease, or otherwise. Lessor shall be entitled to reasonable attorney's fees and costs incurred arising out of Lessee's default under this Ground Lease. c. Default by Lessor. Lessor shall in no event be charged with default in the performance of any of its obligations hereunder unless and until Lessor shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after written notice to Lessor by Lessee properly and in meaningful detail specifying wherein, in Lessee's judgment or opinion, Lessor has failed to perform any such obligation(s). d. Remedies of Lessee. In partial consideration for the nominal rent charged to Lessee, Lessee hereby waives any claim it may have to direct or indirect monetary damages it incurs as a result of Lessor's breach of this Ground Lease, and also waives any claim it might have to attorneys' fees and costs arising out of Lessor's breach of this Ground Lease. Lessee's remedies for Lessor's default under this Ground Lease shall be limited to the following: i. For injunctive relief, as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessor under this Ground Lease. ii. Lessee may cure any default of Lessor and pay all sums or do all reasonably necessary work and incur all reasonable costs on behalf of and at the expense of Lessor, Lessor will pay Lessee on demand all reasonable costs incurred and any amounts so paid by Lessee on behalf of Lessor, with no interest. e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Ground Lease or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power maybe exercised from time to time and as often as may be deemed expedient. f Non -Waiver. Every provision hereof imposing an obligation upon Lessee is a material inducement and consideration for the execution of this Ground Lease by Lessee and Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Ground Lease will be deemed for any purpose to be a waiver of any breach of any other provision Page 8 of 12 hereof or of any continuing or subsequent breach of the same provision, irrespective of the length of time that the respective breach may have continued. Miscellaneous Legal Matters 18. This Ground Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Ground Lease, the Parties shall first use the County's then -current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Ground Lease, which Court the Parties agree to have the sole and exclusive jurisdiction. 19. This Ground Lease contains the entire agreement of the Parties with respect to the matters covered by this Ground Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Ground Lease shall be binding or valid. Time is of the essence in the doing, performance and observation of each and every term, covenant and condition of this Ground Lease by the Parties. 20. In the event state or federal laws are enacted after the execution of this Ground Lease, which are applicable to and preclude in whole or in part the Parties' compliance with the terms of this Ground Lease, then in such event this Ground Lease shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Ground Lease. 21. Except as otherwise provided herein, this Ground Lease shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be given to the Parties set forth* below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit. For the purpose of calculating time limits which run from the giving of a particular notice, the time shall be calculated from actual receipt of the notice. Time shall run only on business days which, for purposes of this Ground Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: If to Lessor: County Manager Collier County Manager's Office 3301 East Tarniami Trail Naples, Florida 34112 CC: Real Property Management 3301 Tamiarni Trail Building W Naples, Florida 34112 Page 9 of 12 If to Lessee: Alfie Oaks 7695 Santa Cruz Court Naples, FL 34109 CC: Steve Bracci, Esq. 9015 Strada Stell Court, Suite 102 Naples, FL 34109 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 22. Lessee is an independent contractor and is not an agent or representative or employee of Lessor. During the term of this Ground Lease, neither Lessee nor anyone acting on behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. Neither party will have the right or authority to bind the other party without the express written authorization of such other party to any obligation to any third party. No third party is intended by the Parties to be a beneficiary of this Ground Lease or to have any rights to enforce this Ground Lease against either party hereto or otherwise. Nothing contained in this Ground Lease will constitute the Parties as partners or joint ventures for any purpose, it being the express intention of the Parties that no such partnership or joint venture exists or will exist. Lessee acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee -employer relationship and that Lessor excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 23. Neither party to this Ground Lease will be liable for any delay in the performance of any obligation under this Ground Lease or of any inability to perform an obligation under this Ground Lease if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strike, work stoppage, slow -down or lock -out, explosion, fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the binding order of any governmental authority. 24. Lessee will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Leased Land, nor permit employees, representatives, agents, contractors, sub -contractors, sub -sub -contractors, material men and/or suppliers to engage in such activities upon or about the Leased Land. 25. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found Page 10 of 12 in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 26. Lessee shall execute this Ground Lease prior to it being submitted for approval by the Board of County Commissioners. This Ground Lease may be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Ground Lease, at Lessee's sole cost and expense. IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Ground Lease the day and year first above written. AS TO THE LESSEE: 'fitness (sigrture 3 1A print name) Witness (signature) (print name) AS TO THE LESSOR: ATTEST: DWIGHT E. BROCK, Clerk 0 , Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney Oakes Farms, Inc. M kc- S (Print Name and Title) BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA 0 Andy Solis, Chairman Page 11 of 12 EXHIBIT A (Description of Leased Land) Page 12 of 12 EXHIBIT A (Description of Leased Land) (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent inust replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED ROBERT J. MULHERE, FAICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER, PL20170003768/CPSS-2018-1 AND PL20170003766. 950 ENCORE WAY SIGNATURE OF APPLICANT OR AGENT ROBERT J. MULHERE, FAICP NAME (TYPED OR PRINTED) HOLE MONTES, INC. STATE OF FLORIDA COUNTY OF COLLIER STREET OR P.O. BOX NAPLES, FL 34110 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this -!A t h day of July , 20 18, by ROBERT J. MULHERE , personally known to me or who produced as identification and who did/did not take an oath. +++ vuv, STEPHANIE KAROL .••o��"` p`'a;%, Signature of Notary Public Notary Public -State of Florida g Y _ • . • Commission #► FF 939980 s My Comm. Expires Mar 9, 2020 STEPHANIE KAROL y a F d;•• B=M through Na MW Notary Assn. 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Y s.�!F�•• •' ,�,•• , i COLLIER COUNTY Growth Management Department �� � "` 1 F," 2: tib Zoning Division C TS Comprehensive Planning Section r September 14, 2018 To: Jeff Klatzkow, County Manager & Patricia Morgan, Director, Minutes & Records From: Marcia R. Kendall, Senior Planner Comprehensive Planning/Zoning Division RE: BCC Hearing Packets for September 25, 2018 "Seed to Table" - GMP Small Scale Amendment (Adoption hearing) You previously received a complete CCPC hearing packet for their meeting that was held on August 16, 2018. Therefore, please find attached only the additional pages added to the packet for the BCC. 1) Executive Summary 2) Revised Ordinance 3) BCC Affidavit & Advertisement If for any reason you would prefer to receive the full packet for both hearing boards, please advise and I will comply. Thank you! Cc: Michael Bosi, Director, Zoning Division David Weeks, GMP Manager CCPC/BCC Memo folder 2018 Zoning Division•2800 North Horseshoe Drive• Naples, FL 34104•239-252-2400 EXECUTIVE SUMMARY Recommendation to approve petition PL20170003768/CPSS-2018-1, a Growth Management Plan Small Scale Amendment specific to the Seed to Table Commercial Subdistrict and adopt the proposed ordinance. (Adoption Hearing) [This is a Companion to Agenda Item#6473] OBJECTIVE: For the Board of County Commissioners (BCC) to approve (adopt) the proposed small- scale Growth Management Plan amendment and approve the amendment for transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: The subject petition is submitted as a small-scale comprehensive plan amendment. As such, per Florida Statutes, the request is heard once only by the Collier County Planning Commission and the BCC. If approved by the BCC,the petition is transmitted to the Florida Department of Economic Opportunity(DEO). The GMP amendment requested is for approximately 6.33 acres located on the west side of Livingston Road, north of the terminus of Piper Boulevard and north of Immokalee Road (CR 846), in Section 24, Township 48 South, Range 25 East. (North Naples Planning Community). The 6.33 acres comprise a portion of a larger tax parcel owned by Collier County. This petition seeks to amend the GMP,adopted by Ordinance No.89-05,as amended,specifically amending the Future Land Use Element(FLUE)and Future Land Use Map(FLUM) Series by: Adding text, and amending the FLUM, to establish the new Seed to Table Commercial Subdistrict, within the Urban Commercial District,to facilitate development of a parking lot,and for public utilities facilities and services. The parking lot is for employees of the Oakes Farms/Seed to Table store across Livingston Road to the east(beyond the number of parking spaces required by the Land Development Code for that store), and for the public using the Collier Area Transit(CAT)bus system as a park and ride location. The proposed amended Subdistrict text, as recommended by the Collier County Planning Commission (CCPC), is depicted in Ordinance Exhibit"A." The process for adoption of a small-scale comprehensive plan amendment requires (in part)the following statutory standards be met [followed by staff analysis in bracketed text]. (1) A small-scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. [The proposed amendment pertains to a 6.33-acre property.] (b) The cumulative annual effect of the acreage for all small-scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. [Thus far, two small scale GMP amendments have been adopted in calendar year 2018 for a total of+11.15 acres(5.35 + 5.8).] (c) The proposed amendment does not involve a text change to the goals,policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small-scale development activity.However,text changes that relate directly to,and are adopted simultaneously with,the small-scale future land use map PL20170003768/CPSS-2018-1 Seed To Table Commercial Subdistrict GMP Amendment Page 1 of 4 amendment shall be permissible under this section. [This amendment is for a site-specific Future Land Use Map change and directly-related text changes.] (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. [Internal consistency will be maintained between and among elements if the amendment is approved.] Based on the review of this small-scale GMP amendment petition, including the supporting data and analysis, staff makes the following findings and conclusions: • The site is encumbered by an FPL easement and contains overhead electric transmission lines. • The subject site is undeveloped, zoned RSF-3, Residential Single Family, and is designated Urban Residential Subdistrict on the GMP's Future Land Use Map. • The proposed CAT park and ride facilities and public utilities uses are allowed as essential services which are consistent with the existing FLUM designation (i.e. those uses do not require this GMP amendment). • The site is bounded: to the east and south by arterial roads; to the north by an undeveloped RSF-3 zoned parcel also encumbered by an FPL easement containing overhead electric transmission lines; and, to the west by a utility pump station, an FPL electric substation, and a +150 feet wide strip of vegetation on the remaining portion of the County-owned parcel of which the subject site is a portion. • There are no infrastructure related concerns. • There are no adverse impact concerns for environmental or cultural resources. • The proposed employee parking lot use is compatible with the surrounding area based upon a macro view(Zoning Services Section staff conduct a more detailed compatibility review as part of their review of the PUD rezone petition where considerations include location of the parking lot and access drives, landscape buffers and open space,parking lot lighting, surrounding land uses, etc.). The data and analysis provided for the amendment supports the proposed changes to the FLUE. The complete staff analysis of this petition is provided in the CCPC Staff Report. FISCAL IMPACT: The cost to process,review and advertise this petition was borne by the petitioner via application and advertisement fees. Therefore, there are no fiscal impacts to Collier County as a result of the adoption of this amendment. GROWTH MANAGEMENT IMPACT: Approval(adoption)of the proposed amendment by the Board for transmittal to the Florida Department of Economic Opportunity (DEO) will commence the thirty-day (30) challenge period for any affected person. Provided the small-scale development amendment is not challenged, it shall become effective thirty-one (31)days after receipt by DEO. LEGAL CONSIDERATIONS: This Growth Management Plan(GMP) amendment is authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following criteria in making its decision: "plan amendments shall be based on relevant and appropriate data and an analysis by the local government that may include but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the plan amendment. To be based on data PL20170003768/CPSS-2018-1 Seed To Table Commercial Subdistrict GMP Amendment Page 2 of 4 means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue." Section 163.3177(1)(f), FS. In addition, Section 163.3177(6)(a)2, FS provides that FLUE plan amendments shall be based on surveys, studies and data regarding the area, as applicable including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies,public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of non-conforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The need to modify land uses and development patterns with antiquated subdivisions. i. The discouragement of urban sprawl. j. The need for job creation, capital investment and economic development that will strengthen and diversify the community's economy. And FLUE map amendments shall also be based upon the following analysis per Section 163.3177(6)(a)8.: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the .-. character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. This item is approved as to form and legality. It requires a super-majority vote for approval because this is an adoption hearing. [HFAC] STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the CCPC forward petition PL20170003768/CPSS-2018-1 to the Board with a recommendation of approval. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their meeting on August 16, 2018 and voted 5-1 (Ebert)to forward the petition to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity. Dissenter concerns included that the commercial development generating the need for this request to amend the GMP for,and rezone,the subject site- Seed to Table store—should also be part of the discussion of this petition(and companion PUD rezone petition). There were eight public speakers, all of which expressed concerns and which are more relevant to the companion PUD rezone petition as that petition provides more details about the proposed uses and site design. These concerns and opinions included: pedestrian safety crossing Livingston Road; environmental impacts/displacement of native wildlife; difficulty in enforcing PUD provisions related to use and monitoring of the parking lot;this is not an appropriate location for this parking lot,and planning for parking needs should have occurred before the Seed to Table store was being"built"(former Albertson's store being remodeled); parking lot will negatively affect nearby residential neighborhoods and undeveloped PL20170003768/CPSS-2018-1 Seed To Table Commercial Subdistrict GMP Amendment Page 3 of 4 residentially zoned land,including lighting in the parking lot; traffic impacts and safety regarding shuttling of employees from the parking lot across Livingston Road to the Seed to Table store; inducement for residential traffic in Carlton Lakes PUD(on east side of Livingston Road)to exit the northly ingress/egress point in that PUD onto Livingston Road thereby exacerbating traffic conditions at that intersection; impact upon taxpayers if the land lease with Collier County for the subject site doesn't reflect the commercial value of the site; no analysis provided regarding FLUE Policy 5.6 pertaining to the proposed uses being "complimentary to surrounding land uses;" the PUD rezone petition amounts to contract zoning; and, temporary uses, as provided for in the Land Development Code, should be prohibited as well as use of the lot by vendors of Seed to Table [the CCPC motion to approve the PUD rezone petition included both of these prohibitions]. RECOMMENDATION: To adopt the proposed ordinance for petition PL20170003768/CPSS-2018-1 and transmit it to the Florida Department of Economic Opportunity. Prepared by: David Weeks,AICP, Growth Management Manager,Zoning Division PL20170003768/CPSS-2018-1 Seed To Table Commercial Subdistrict GMP Amendment Page 4 of 4 ._ ORDINANCE NO. 18- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ADDING THE SEED TO TABLE COMMERCIAL SUBDISTRICT TO THE URBAN—COMMERCIAL DISTRICT AND CHANGING THE DESIGNATION OF PROPERTY FROM URBAN RESIDENTIAL SUBDISTRICT TO SEED TO TABLE COMMERCIAL SUBDISTRICT TO ALLOW OFF-SITE EMPLOYEE PARKING FOR THE SEED TO TABLE COMMERCIAL DEVELOPMENT IN THE CARLTON LAKES PLANNED UNIT DEVELOPMENT AND ALLOW COLLIER AREA TRANSIT (CAT) PARK & RIDE AND COUNTY UTILITY FACILITIES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF ±6.33 ACRES IS LOCATED NORTH OF THE TERMINUS OF PIPER BOULEVARD AT THE NORTHWEST CORNER OF THE INTERSECTION OF LIVINGSTON ROAD AND IMMOKALEE ROAD, IN SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. [PL20170003768] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the 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, Oakes Farms, Inc. requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to create the Seed to Table Commercial Subdistrict; and Words underlined are added,words struck rem have been deleted. [18-CMP-01007/1404314/11101 Seed to Table GMPA-PL20170003768 8/17/18 Page 1 of 3 WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and WHEREAS, the Collier County Planning Commission (CCPC) on August 16, 2018 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on September 25, 2018; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. 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 determining this adopted amendment to be in compliance. No development orders, development Words underlined are added,words struck eft have been deleted. [18-CMP-01007/1404314/1)101 Seed to Table GMPA-PL20170003768 8/17/18 Page 2 of 3 permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk ANDY SOLIS, Chairman Approved as to form and legality: °'4 n�J Heidi Ashton-Cicko, Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment& Map Amendment Words underlined are added,words struelE4hreugh have been deleted. [18-CMP-01007/1404314/1P 01 Seed to Table GMPA-PL20170003768 8/17/18 Page 3 of 3 Exhibit"A" FUTURE LAND USE ELEMENT Policy 1.5: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: *** *** *** *** *** *** TEXT BREAK *** *** *** B. URBAN COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict *** *** *** *** *** *** TEXT BREAK *** *** *** 12. Davis—Radio Commercial Subdistrict 13. Logan Boulevard/lmmokalee Road Commercial Infill Subdistrict 14. Seed to Table Commercial Subdistrict *** *** *** *** *** *** TEXT BREAK *** *** *** I. URBAN DESIGNATION *** *** *** *** *** *** TEXT BREAK *** *** *** Urban designated areas will accommodate the following uses: a. Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, Subdistricts and Overlays that follow, except as allowed by certain policies under Objective 5. b. Non-residential uses including: *** *** *** *** *** *** TEXT BREAK *** *** *** 12. Commercial uses subject to criteria identified in the Urban -Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Buckley Mixed Use Subdistrict,Vanderbilt Beach/Collier Boulevard 1 C:\UsersUcathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.outlook\Y 11 UZG5\Ex_A_Text_SeedToable_G M PA 71118.docx Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston/Radio Road Commercial Infill Subdistrict,Vanderbilt Beach Road Neighborhood Commercial Subdistrict,Vincentian Mixed Use Subdistrict, Davis—Radio Commercial Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Commercial Mixed Use Subdistrict, Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict; Orange Blossom/Airport Crossroads Commercial Subdistrict, Logan Boulevard/Immokalee Road Commercial Infill Subdistrict, Seed to Table Commercial Subdistrict, in the Bayshore/Gateway Triangle Redevelopment Overlay; and, as allowed by certain FLUE policies. *** *** *** *** *** *** TEXT BREAK *** *** *** C. Urban Commercial District *** *** *** *** *** *** TEXT BREAK *** *** *** 14. Seed to Table Commercial Subdistrict The Seed to Table Commercial Subdistrict consists of+/- 6.33 acres and is located on the west side of Livingston Road, just north of the terminus of Piper Boulevard. The purpose of this subdistrict is to allow for the development of aparking lot and Collier County utility facilities and services. Development in this subdistrict shall be subject to the following: a. Allowable uses are limited to the following: parking lot; Collier County utility facilities and services. b. The parking lot is only to be used by employees of the commercial development located immediately east across Livingston Road (Carlton Lakes PUD, Planned Unit Development, commercial tract) and by patrons of the Collier Area Transit (CAT) Park and Ride Program. c. No LDC-required parking shall be allowed for the commercial development immediately east across Livingston Road or any other off-site use. d. Use of the parking lot by any person or entity for truck unloading orparking, deliveries,offsite storage, or overnight parking is prohibited. e. The subdistrict shall be rezoned to PUD. f. The implementing PUD shall include: 2 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\Y11 UZG5\Ex_A_TextSeedToable_G M PA 71118.docx 1. Provisions of ingress and egress to accommodate CAT buses; 2. Provisions for pedestrian access to the existing crosswalk at the intersection of Livingston Road and Immokalee Road; 3. Design measures to discourage pedestrians from crossing Livingston Road other than at the designated crosswalk located at Livingston Road and Immokalee Road; and, 4. Provisions for adequate buffering and screening around the parking lot and along Livingston Road. *** *** *** *** *** *** TEXT BREAK *** *** *** Future Land Use Map Series Future Land Use Map Activity Center Index Map Mixed Use& Interchange Activity Centers Maps *** *** *** *** *** *** TEXT BREAK *** *** *** Davis—Radio Commercial Subdistrict Map Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map Mini Triangle Mixed Use Subdistrict Map Seed to Table Commercial Subdistrict Map [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 C:\Users\kathynelicrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\YI 1 UZG5\Ex_A_Text_SeedToable_G M PA 71118.docx EXHIBIT A PETITION PL20170003768/CPSS-2018-1 ��'� SEED TO TABLE COMMERCIAL SUBDISTRICT _ O/i COLLIER COUNTY, FLORIDA • Johnnycake DR 0 ce c SUBJECT o SITE CObb/! Cr • y lgillou hb Drive EXT 9 Carlton Lakes BLVD • • per BLVD .• Immokalee RD Saint Croix LN 'Windsong C t# ADOPTED-XXXXXX (Ord.No.XXX) LEGEND PGREPAREDAN:GIS/CAD EMEN MDEPARTMENT % SUBDISTRICT GROWTH MANAGEMENT DEPARTMENT 0 137.5 275 550 Feet V}� FILE.CPSS-2016-3 LOCATION MAP.mxd DATE.7/12/2018 I II I I ! III ;i I T46S I 147S I T48S I T49S I T50S I T51S I T52S 753S N N a r � { J ' g 8 I8 1__ 1...1 $ 8 8 g 8 8 R R o R 0 la 88'4,„,.',..4.4."%.,' c . A 3 8 F SRR R- *R RRR.1 4 _ io 8 g .-8' 87,M78TSog� 1g� °.s a 3 RVi KRB R �' ">f w1 i, 3o:, g - � � o . . '8W ! $g tg4 �8g8 g8 '£ g! dg '£ z°°£ $ R°YI NI 8' . $ tifF ; e $ s i I° z : "dg° < i �d..— :°° 3 ° °ga:o§agaso0'°zEia<5 a°° a_$o 6d=o,gaaa°ot° 1.1 .11z t II 3 �� � ocmi�"®o = = - F t�fq ggggc ✓'""` W I= I Y z P i IE!liill11111 irh ! i : IJI i,I ii f$.4£do fill 11 $ 1111111L�1 1111 __lE11 W f3 ir 1 / -. c SII I 1 a I $ 11 i w, w ii N -1 . d g @ ;: s= 4a y ! i I S 1 ii. 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C qOS�� OMNI 46,E lr,W ry o JIOL i}.4:.}!CNI !__�' _ AT ,/ ani1 Q _ O (1) te j_ LT l! t.! 01 x 1 746S T47S ---- � T483--- T49S 750S l.._ 751S I 782S I T53S .n 1 1 ;AZIPICS BkiiL rw!'i NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/COMPREHENSIVE PLANNING DEV 2103569 GMPA-PL20170003768 4500186697 Pub Dates September 5,2018 • 40W62 (Sig ture of affiant) v Sworn to and subscribed before me `• a>>•. convulsion tG 126041 This September 05,2018 '.`"-" '''rtD1M1�'� 24,M'Jul °. KamN.aoNwmrNomm. I (Signature of affiant) NAPLI$N/WB.COM 1 WEDNESDAY,SEPTEMBER 5,2018 I 11A Feds release advice NOTICE OF PUBLIC HEARING on kids' concussions NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Board of County CAmI kaionees will hold a public hewing on September 25,2018 commencing al 9:00 a-m.,In the Board of County Convniaemoners Lindsay Tanner Chamber,Third Flow.Collier County Government Center,3299 E.Tamiemi Trail.Naples,FL PRESS game than the whole season,"he said. ASSOCIATED me purpose of the roaring is to consider By some estimates,at least I million U.S.children get concussions each year AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CHICAGO-New children's concus- although thetrue frequency is unknown COUNTY,FLORIDA AMENDING ORDINANCE NO.2004-41,AS AMENDED,THE axon guidelines from the U.S.govern- because there is no national ef ort to COLUER COUNTY LAND DEVELOPMENT CODE.WHICH ESTABLISHED THE ment recommend against routine X- track them and many go untreated,The COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED rays and blood tests for diagnosis and CDC has proposed developing a surveil- AREA OF COLLIER COUNTY FLORIDA BY AMENDING THE APPROPRIATE reassure parents that most kids'symp- lance system to f II that gap and the new OOFNTHEING AHER MAD DESCRIBED MAPSByEAL PROP RTYZONINGMCLASSID CLASSIFICATION toms clear up within one to three guidelines,published in JAMA Pediat- SINGLE THE HEREIN SF-SOIREAL PROPERTY FROM A RESIDENTIAL. months. FAMILYLOPENT(C)ZONING NGT DISTRICT A FOR THE COMMERCIAL PLANNEDW rice,afar to improve detection and treat- UNITDE TO TABLE (CPDD)O ALLOWOFFSITEEMPLOYEE PARKING FOR Signs of potentially more serious in- ment. AS SEED TO TABLE CPDD TO ALLOW OIPARKING FOR juries that may warrant CT Imaging The guidelines provide important ad- THE SEED TO TABLE COMMERCIAL DEVELOPMENT IN THE CARLTON LAKES scans Include vomiting,unconscious- vice for parents and doctors on manag- PLANNED UNIT DEVELOPMENT AND TO ALLOW COLLIER AREA TRANSIT nessand severe,worsening headaches, ing kids'concussions and could con- (CAT)PARK 8 RIDE AND COUNTY UTILITY FACILITES,AND BY PROVIDING according to the guidelines released tribute to a'personalized approach to IS LOCATEFFECED NE DATE. THE TERMINUS CONSISTS OF BOULEVARD ACRES AND Tuesday state-of-the-art care,"according to a NORTHWEST CORNER OF THE INTERSECTION OFELRIVI TO ROAD AND The guidelines from the U.S.Centers Journal editorial by brain Injury experts IMMOKALEE ROAD,IN SECTION 24,TOWNSHIP 48 SOUTH.RANGE 25 EAST for Disease Control and Prevention are at the Medical College of Wisconsin and COLDER COUNT',FLORIDA bPL201700037661 the f rat broad evidence-based recom- University of California,San Francisco. _ mendations for diagnosing and treating Concussions,also called mild trau- 1� i�"-,r,,��� children's concussions,the researchers matte brain injury,are caused bya bump $��wp�I I =% say.They evaluated 25 years of acietdif- or Jolt to the head.The impact causes NM \� is research on managing concussions in the brain to bounce or twist,potentially 111u'I—.r 4 L 1 children and chose procedures with the damaging brain cella.Repeated concus- L�/r-11111B�v\► strongest evidence of benef t. axons have been linked with a debilitat- a�' IIII The American Academyof Neurology ing brain disease found in autopsies on has similar evidence-based guidelines, some retired football players. ,,.a°� •�p�ele. but strictly for sports concussions in The guidelines'highlights Include: _IIIII111111111aam child and adult athletes and focused on I X-rays and CT scans aren't ef ective restricting return to play.The American at detecting concussions They are FW ire ed parties we invRed to appall end he nand.Copies Of the proposed ORDINANCE will Academy of Pediatrics also has gold- sometimes done if doctors suspect a De meds evrslale Or,b,a,oles.n at the GMD Zhour of 800,Cornend Soo P e PMonde$action, ance for managing sports concussions, skull fracture or brain bleeding,buttCT 800 Friday. Horseshoertherm ,the Naples.FL.between the hours be made available for o:in A.M.orrtl at he Rol.,r CountyCounthrough and for returning to school after a con- scans are preferred if a seriouinjury Office.Fourth Floor,Soite 401.COP rl County Government Center.East the Collier sd ne ek M,too cussion. seems likely.Families should be told of the scheduled heann.Any quesuons le a GUT The CDCs guidelines are for concus- potential risks from CT scans including 9 ng Section.pertaining to comments filed with the Clerk to the Zoning Division.Comprehensive Planning exons from all causes,including falls, radiation. Bond's Office prier to September 25,2018 will be read and considered at the pudic Hewing. sports and car accidents.They recom- i Blood tests for detecting concus- R e person decides to appeal any decision made by the Collier Cotaty Board of County mend rest from physical and mental at- sloe haven't been proved to work and commissioner.won respect to any matter considered at such mowing or hearing,he will need a tivity including school and sports im- shouldn't be done outside of research. record of that proceeding,and ler such purpose he may need to ensure that a verbatim record of mediately after a concussion,gradually I Most children's symptoms clear up the proceedings m made.which record Includes the testimony and evidence upon which the appear resuming normal routines. within oneto three months but recovery r to ba bawd. CDC brain injury specialist Matthew varies and can be delayed In kids who've a you area person with a disability who needs any accommodation in order to participate en Me Breiding,a co-author of the guidelines, had previous concussions. proceeding,you are entitled,at no coat to you.to the provision of certain assistance.Please contact said parents should tell their kids to re- I Teens,kids with learning dif cul- the Collier County Facilities Management Division,located at 3335 Tamiarni Trail East,Suite 101, port any concussion symptoms right ties and those with mental illness all Naples,FL 34112-5358.(239)252.8380.at least two days poor to the meeting.Assisted listening devices tOr the hearing impaired are available in bile Board of County Commissioners Office away-whether they occur at home or tend to recover more slowly than young e. during sports activities. children. BOARD OF COUNTY COMMISSIONERS "Some children and teens think con- I Rest,the main treatment,is recom- COWER COUNTY.FLORIDA cussions aren't serious or worry that If mended forthef rst three days but Mac- ANDY SOUS,CHAIRMAN they report a concussion they will lose tivity beyond that may worsen symp- CRYSTAL K.KINZEL CLERK their position on the team or look weak. toms. By: Teresa Cannon,Deputy Clerk e„..m.,„„ Remind them that it's better to miss one September 5,2018 ND.2103575 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER Notice is hereby given that the Copier Cwnty Board of County Comm...nem will hold a pudic hearing on September 28.2018 commencing at 9:00 a.m.,in ilia Board of County AN ORDINANCE Commissioners Chamber,Third Floor,Carer County Government Center.3299 E.TAMAN Trail. Naples,FL 5050.a Mmby 9.......Cosier County 80001 of County Commisoienas in.reel 4 pjW,c reann9 on The purpose of the hearing is to consider September 28 20111commenc,n,at ROO a.m.,.r toe Board of County C000ro.grma Chenp4.third Floor, Co.County Go...Carper 3299 E.Taman,.t s:Naples,FL. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING RA AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, promo M Ma rearing.0 to cones.,. ORDINANCE 09-05,AS AMENDED.RELATING TO THE GOLDEN GATE AREA MASTER AN ORDINANCE.OF THE BOARD OF COLNTY COMMISSIONERS OF COLLIER COUNTYPLAN RESTUDY AND SPECIFICALLY AMENDING THE GOLDEN GATE AREA MASTER FLORIDA MENDING ORDINANCE NO.MMS AS AMENDED,THE COLLIER CNT' PLAN ELEMENT AND THE GOLDEN GATE AREA FUTURE LAND USE MAP AND MAP SERIES,CONSERVATION AND COASTAL MANAGEMENT ELEMENT;FUTURE GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COWER LAND COUNTY.FLORIDA,SPECIFICALLY.AMENDING THE FUTURE LAND L'SE ELEMENT USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES;THE SOLID WASTE AND FUTURE LAND USE MAP AND MAP SERIES BY ADDING THE SEED TO TABLE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT;STORMWATER MANAGEMENT COMMERCIAL sultms'RICT TO THE I'554N-COMIMERCIAL DISTRICT AND CHANCING 500.ELEMENT OF THE PUBLIC FACILITIES ELEMENT:AND TRANSPORTATION THE DESIGNATION OF PROPERTY 6ROMI LRBAN RESIDENTIAL,SUBDISTRICT TO SEED TO ELEMENT AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE TABLE CO TABIERCIAl.SUBDISTRICT TO ALLOW'OFFSITE EMPLORLTON EK PARKING FOR THE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. SEED TO TABLE COMMERCIALAREADEVELOPMENT IN THE CARLTON LAKES PLANNED UNIT DEVEIAPME:NT AND ALLOW COLLIER AREA TRANSIT(CAT)PARKA RIDE AND COUNTY IPL2018C0002811 UTILITY FACILITIES:AND FURTHERMORE,RECOMMENDING TRANSMITTAL OF THE .ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; All interested parties are invited to appear I PROVIDING FOR SEVERABLITV AND PROVIDING FOR AN EFFnCTlIB LATE.THE SCRIPS and be heard. Copies of the proposed I-- PROPERTY'COMISTING OFe-1#ACREStS LOCATED NORTH OF THE TERMINUS OF PIPER RESOLUTION 01I be made available BOULEVARD AT THE NORTHWEST COBER OF THE INTERSECTION OF LIV1NGSTON ROAD for inspection at the GMD Department, nil,.nil,.twit qct eCORNER AND IMMOKAU:E ROAD.no SECTION i4.TOWNSHIP W SOUTH.RANGE en EAST,COLLIER 101 ITS,FIA)R(IM IPLTe1TNp3TIRt Zoning Division,Comprehensive Planning Section.2800 N.Horseshoe On,Naples. i �ea 1 between the hours of 8:00 A.M.and - I I 5:00urPM. Monday through Friday, I FUrthemnorethe materials will be made I available for inspection at the Coll 4 O Courcy Clerks Office.Fourth Floor.Coll a County G vernment Center,3999 East p Carlton Lakes BLVD TamAmi Trail Suite 401 Naples one ,a eek prior td the scheduled hearing Any- ET questions pertaining to the documents ! I'TP*"Qii`' ' should be directed to the Comprehensive 74 .DTII ..1 Planning Section of the GMD Department, 4 : ......_..__;....... Zoning Division.1Nritten comments filed r--pr- _- with the Clerk to the Boards Office prior , '', I 4 I Immokabe RD to September 25.2018 ore be read end ' `� -. considered at the public hearing. ' J 1 -'Q" if a person decides to appeal any decision < X made by the Collier County Board of ,l M Mta•.Ned ort boded .P00ar nd he"sand 0000 'the proposed UNNNANCE wi:he made Comty ter co s10 era at S h meet to .—— avmiabl for upset no GMD 2 g Divisor Co F enersi PI any mattes considered h seri neon.rows Furthermore,2N10 N.Nasemete a, n9 t� 0,8 6. FL..DMw m hours t e 00 A.M. ntl S W PN.Monday\h,oph 0,F:o Sueso 1M r County p hno'ing he it eetl oar M that 1 MRM math bar t0 Ir,arection e thec po r County Crstheled OM e.Fourth Foo Sum 401.Gaels County p 'eeding.and t such/Repose he may j Gorman.5 Cam Eitel rt.plea, w0µpis are...Aim hearing.MY Meet ora Vrtaln6g to the need to ensure that de 00 b 01 0 mcg encs Mara ct be dv Ya1 to me GMD Zoning t5v,c o...Corner...Plannxp Section Writ.comma. Ma pxeedinga is made,wn,ch record Ted with the Clerk to the Boaters Office Door to seplerrrbw 26,2010 nal be reed and coneamred at the pubic ;nuicdea the tashmony and eoi5000e upon which the ______ _ed , x hearing appeal is to be based. It you are a mason with a disability who needs any accommodation 6,order to participate 'a0®rsorl tlacidas to wqq,soy Moisten male by the Collier Cabe.Board re County Comm eminers we. PI this pmceecing.you are eINtbd,w no cost to You,to tib TEM w certain eatisten<a, comm.respect to any matter comet seri meeting A Imams.rte Me nand a record a that proceeot er rq,ant Please contact the Collier County moose. s Management Division,located at 3335 T wnl mire moose.may reel to ensure min a.er arm res.of the prom/Mines a made,Muds record alleles. Trail East.Sue 101,Naples,FL 34112-5356,239 252-8380,at least two daya pnor to the testimony and evidence upon Mice M0 500c0.5 to M Maw. nneetin9.Assisted listening devices for the hearing impaired are available 6,the Board of County P you area person wIM a disability who needs any eccanmodaeon:n order to participate m thus proceeding.you Commissioners Office. we embed.at no coat In you.to the 000 00 0ertain asaramnce.P:eaee contact the COOer C000ty Fa0Rniee Management Oivbon.located et 3305 Taman*Trait East.Side 101 Naples,FL:4112-0156.(200)252.2300.at BOARD OF COUNTY COMMISSIONERS mar of �ays 'nar!o Mem Manned:ntanirip devices for the mar.,mpmmtlm aavailable m the Doted ANDYGOWER COUNTY OUN AIRMN� • C CRYSTAL K.KINZEL CLERK BOARD OF COUNT,'COMMISSIONERS By, Teresa Cannon,Deputy Clerk COLLIER COUNTY,FLORIDA C1CO.CHAIRMANCRYSTAL K.KINEEL,CLERK BY T Gerson,Dm.Cars MAL) rsPn.aew s.0010 ,0 , 0,,,,,,,,,, 5,2018 N0.2103582 l NOTICE OF PUBLIC HEARING NO►� CE OF INTENT TO CONSIDER AN ORDINANCE hacitios t5 hereby given that the Coitinr County Board of County Camm`ssioners.W hole a pobl,o September 25.2016 commencing at 9100 a.m.,in the Board of Courts Cornntissortsrs Chamber,Thiry Floc'. Ou'lier County Government Center,3799 E.Tumiami Trail,Nook*.Ft. purpose of the rreanrg;s to consider AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COtNTy FLORIDA AN/ENDING ORI)INtM I' NO. 1f9(15, AS AMENDED. 1111 ('ULI.flit cot Nll GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OI COLLIER COLN'I'Y, FLORIDA SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMES I AND ITrItIRE: I.AND I:SF: SLAP AND MAP SERIFS RV ADDING 11* 51:1.1) TO JA fI i COMMERCIAL SUBDISTRICT TO TILE URBAN-COMMERCIAL DISTRICT AND CHANGING THE DESIGNATION OF PROPERIN FROM URBAN RESIDENTIAL SUBDISTRICT TO SEW 10 TABLE(.:01EMgg(7AL SUED cIRJCITO AI.I.OW 01157.11 tAmt4th :,:PARKING 6'OR'IIt: SEED TO TABLE COMMERCIAL DEVELOPMENT IN THE CARLTON LAKES PLANNED UNIT DEVELOPMENT AND ALLOW COLLIER AREA TRANSI1 ICA"1 PARE.&RIDE AND COLNIY UTILITY FACLLT(1F.S; AND FU:IHlWRSlORE, RECONli41E:NDINt: 'CRANINhtrrt:#L. OE 'FILE ADOPTED AMENDMENT TO TILE FLORIDA DEPARTMENT 01'FCOrco\f1C OPPORTUNITY. PROVIDING OR 5F.VF.RAIIII.17Y AND PROVIDINt.FOR.1N 1.1•1•t:L'I'VE DA I1:. t)WN,SUILJFC'1 PROPERTY CONSISTLN(;OF 6..31±ACRES IS 1.()(:M ED NORT1i or1-11U OF EWER BOULEVARD Al 1 HE NORTHWEST CORNER OF TILE E.:TERSE f.TJON OF LIVINGSTON ROAD AND I I11NOKAl..6F.ROAD,IN SECLIOS.lt I()WSSHII'41!SOt rH,RANGE I5 EAST,COLLIER COUNTY,FLORIDA.IPI.20I?t)0e37611 PROJECT Cl LOGATLON g Carlton Lakes BLVD Ca •� Imrnokalee RD All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCF wit be-Ade avaiable for inspection at the CMO Zoning Cvision,Comprehensive planning Section,:dJU `1 -Icsseshoe Dr.,,: Naples,Ft ,hetweerr the haws of ROD A and 5110 PM.,Monday trengri F'ritay ^urthw rr r,,, the materials will be made available For inspocton at the Collier Col,rty Clerk's Office,Foi.rttn Floor,Suite:01,Geier Courts Government Center,Fast Naples, one week prior to the scredued 'nearing Any c..estrons pertaining to the documents sImeid:a'directed to the OW In irnl Div seri,Iaamtuehenroivo P!i tint;Sect OR Vdirtrn rurnrnorI fled with the Clens to tne Board's Offce pnor to September 25,2015 will be read and• )nsidensd at the puolic hearing. LI a pe+son decides to appeal any decsnon made by the Collier County Board of County Commissioners with respect to any matter carsiderred at such,•riuv€etrrtg or hd:. ing,'?e will need a record of that proceeding,ani}her such purpose re may need to ensure that a verbatim record of the proceedings is made,which re oro includes the II testimony and evidence upon which the appeal is to be based. Il yo..:are a person witty a disabirty who needs any accommodation 1n order to parac Date rn this proceeding,you are entitled,at on coat hi y'oU,to the p'ovstiarr a•certain ass Pleaea contact!het Coiter County 1 aci int.; Management Diet:ion,located et 3335 Tamiami Trail Zest Suite 1101.Naples,FL 34"2-5355,(239 25243$0,at ISast Iwo days odor to the meeting. Assisted listening devices to'the hearing impa red are aysltebtle in the Board of Coa,nty Cnnimic;raoners Office. HOARD CW 1()'.JNTY':10FMANNFOF,i'i5 COLLIER CCUf47Y,FLORIDA ANDY 5Cc IS.CI-AIRMAN CRYSTAL K.KINZEL,CLERK By: teresa Cannon,Deputy Clerk {SE:RL1 Septartivr h. TI'S NAPLESNEWS.COM I `.'i-;)NESDAY,SEPTEMBER 5,2018 1 11A�