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Agenda 04/27/2021 Item #17A (Ordinance: NC Square Mixed Use-Overlay)17.A 04/27/2021 EXECUTIVE SUMMARY Recommendation to approve an Ordinance of the Board of County Commissioners amending Ordinance 89-05, as amended, specifically amending the Future Land Use Element and Future Land Use Map and Map Series to create the NC Square Mixed -Use Overlay on land in the Agricultural/Rural designation and Rural Fringe Mixed Use District -Receiving Lands to allow up to 44,400 square feet of commercial uses, a 12,000 square foot daycare limited to 250 students, and a minimum of 120 and maximum of 129 affordable housing residential dwelling units and furthermore directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity. The subject property is 24.4+ acres and located at the southwest corner of Immokalee Road and Catawba Street, approximately 1.6 miles west of Wilson Boulevard in Section 29, Township 49 South, range 27 East, Collier County, Florida. (Adoption Hearing) (Companion to zoning petition MPUD-PL20180002234, NC Square Mixed Use Planned Unit Development and an Affordable Housing Agreement - Agenda Item # 17.B) OBJECTIVE: To approve (adopt) the amendment to the Collier County Growth Management Plan (GMP) and approve said amendment for transmittal to the Florida Department of Economic Opportunity (DEO). CONSIDERATIONS: Petition PL20180002233 seeks to add the NC Square Mixed -Use Overlay to the Rural Fringe Mixed Use District (RFMUD); to allow a maximum of 44,400 square feet of commercial uses as permitted in the C-1, Commercial Professional and General Office District, uses in the C-2, Commercial Convenience zoning district, and uses in the C-3, Commercial Intermediate zoning district - to be identified in the implementing Planned Unit Development Ordinance, a 12,000 square foot daycare limited to 250 students, and, a minimum of 120 and a maximum of 129 affordable housing residential dwelling units; to add the NC Square Mixed -Use Overlay to the Future Land Use Map; and, create a new map, NC Square Mixed -Use Overlay map, for inclusion in the Future Land Use Element map series. Note: A companion PUD rezone petition is scheduled for this same hearing • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • Collier County Resolution No. 12-234 provides for a public petition process to amend the Collier County GMP. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held its Transmittal hearing for this petition on November 19, 2020. The Board held its Transmittal hearing on January 26, 2021. • After review of the Transmitted amendment within each reviewing agency's authorized scope of review, the DEO rendered its Comment Letter indicating "no comment." The Florida Department of Transportation provided comments not directly correlating to the amendment but general comments regarding connectivity, sidewalks, Complete Streets, etc. • The remaining reviewing agencies did not provide a Comment Letter. All review agency Comments Letters received are contained in the back-up materials. • The CCPC held its Adoption hearing on March 18, 2021. The staff and CCPC Adoption Hearing recommendations are presented further below. • This Adoption hearing considers an amendment to the Future Land Use Element (FLUE). Staff analysis of this petition is included in the Transmittal CCPC Staff Report. No opposition was voiced to the adoption of this amendment. Packet Pg. 1547 17.A 04/27/2021 The proposed amended Subdistrict text, as recommended by the Collier County Planning Commission (CCPC), is depicted in Ordinance Exhibit "A." Based on the review of this large-scale GMP amendment petition, including the supporting data and analysis, staff makes the following findings and conclusions. • The subject site and surrounding lands are designated Rural Fringe Mixed Use District (RFMUD) Receiving Lands; the Urban designated area is f2.4 miles to the west. • The RFMUD promotes mixed -uses and housing that is affordable. • This petition proposes a minimum of 120 and a maximum of 129 affordable housing dwelling units (5.29 DU/A) and is subject to approval of an affordable housing agreement, companion to the rezone petition. • The RFMUD White Paper recommends higher density for affordable housing projects outside of a Rural Village. • This petition proposes 44,400 sq. ft. of neighborhood commercial uses. • This petition also provides a daycare use with a maximum of 250 children, which is allowed under the existing FLUM designation and zoning district by conditional use. • Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum density of 1 DU/5 Acres (0.2 DU/A) - or up to 1 DU/A via use of TDRs if >40 acres in size; agricultural uses; essential services; institutional uses by conditional use (e.g. daycare center, ALF, and church). • The subject site fronts Immokalee Road (CR 846), a 6-lane divided arterial road, and County water and wastewater service is available to the site. • There are no issues or concerns regarding levels of service impacts on public infrastructure, • The applicant is required to work with the Florida Forest Service and the Managers of any adjacent or nearby public lands to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. Applicable elements of this plan must be incorporated into the companion PUD. • Commitments must be made part of the companion PUD to distribute the "A Guide to Living in Bear Country" to future commercial business owners and residential homeowners, as well as to construction/maintenance personnel, and utilize bear -proof dumpsters. • Community and Human Services staff are supportive of the affordable housing component of this petition, as it is generally consistent with Board direction to implement the Community Housing Plan. • This petition does not propose the use of Transfer of Development Rights (TDRs) for the density increase, and therefore does not further the RFMUD goal of protecting natural resources in Sending Lands. However, the RFMUD White Paper recommendations include the elimination of TDRs for affordable housing. The data and analysis provided for the amendment generally support the proposed changes to the FLUE. The complete staff analysis of this petition is provided in the CCPC Staff Report. FISCAL IMPACT: No fiscal impacts to Collier County result from this amendment. Petition fees Packet Pg. 1548 17.A 04/27/2021 account for staff review time and materials, and the cost of associated legal advertising/public notice for the public hearings. GRO H MANAGEMENT IMPACT: After Adoption, the DEO and other applicable review agencies will have 30 days (from the date DEO determines the Adoption packages are complete) to review the adopted Plan amendment and, should they believe the amendment is not "in compliance," file a challenge [appeal] to the presumed "in compliance" determination with the Florida Division of Administrative hearings. Similarly, any affected party also has 30 days (from the date of Board Adoption) in which to file a challenge. If a timely challenge is not filed by DEO or an affected party, then the amendment will become effective. 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 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." 163.3177(1)(f), FS. In addition, s. 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 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. Th 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 the FLUE map amendments shall also be based upon the following analyses 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 an affirmative vote of four for approval because this is an Adoption hearing of the GMP amendment. [HFAC] STAFF RECO NDATION TO THE COLLIER COUNTY PLANNING CO SSION: That the CCPC forward petition PL20180002233/CP-2019-01 to the Board with a recommendation of approval. COLLIER COUNTY PLANNING CO SSION (CCPC) RECO NDATION: The Collier Packet Pg. 1549 17.A 04/27/2021 County Planning Commission held their required Adoption public hearing on March 18, 2021. The CCPC recommended that the Board adopt PL20180002233/CP-2019-01, with an Ordinance title change to reflect a minimum of 120 affordable housing residential dwelling units (Ordinance title has been changed) (vote:7/0). RECOMMENDATION: To adopt the Ordinance and transmit the adoption petition PL20180002233/CP-2019-01 to the Florida Department of Economic Opportunity and other statutorily required agencies, as recommended by the CCPC. Prepared by: James Sabo, AICP, Comprehensive Planning Manager, Zoning Division ATTACHMENT(S) 1.O 1.Adoption Staff Report (PDF) 2.00.Ordinance (PDF) 3. [Linked] 02.Transmittal Package to DEO Submittal (PDF) 4.03.NIM Affidavit and Related Documents (PDF) 5.04.Hybrid Virtual Waiver (PDF) 6. 05.Davies GMPA Affidavit of Authorization (PDF) 7.06.Sign Posting Affidavit (PDF) 8.07.Sign Posting (PDF) 9. 08.DEO Comment Letter (PDF) 10. 09.FDOT Comment Letter (PDF) 11. legal ad - Agenda ID 15353 (PDF) Packet Pg. 1550 17.A 04/27/2021 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doe ID: 15353 Item Summary: Recommendation to approve an Ordinance of the Board of County Commissioners amending Ordinance 89-05, as amended, specifically amending the Future Land Use Element and Future Land Use Map and Map Series to create the NC Square Mixed -Use Overlay on land in the Agricultural/Rural designation and Rural Fringe Mixed Use District -Receiving Lands to allow up to 44,400 square feet of commercial uses, a 12,000 square foot daycare limited to 250 students, and a minimum of 120 and maximum of 129 affordable housing residential dwelling units and furthermore directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity. The subject property is 24.4± acres and located at the southwest corner of Immokalee Road and Catawba Street approximately 1.6 miles west of Wilson Boulevard in Section 29, Township 49 South, Range 27 East, Collier County, Florida. (Adoption Hearing) (Companion to zoning petition MPUD- PL20180002234, NC Square Mixed Use Planned Unit Development and Affordable Housing Agreement - Agenda Item # 17.13) Meeting Date: 04/27/2021 Prepared by: Title: Planner, Principal — Zoning Name: Sue Faulkner 03/24/2021 5:18 PM Submitted by: Title: Planner, Principal — Zoning Name: Anita Jenkins 03/24/2021 5:18 PM Approved By: Review: Growth Management Department Zoning Zoning Growth Management Department County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Jeanne Marcella Level 1 Reviewer James Sabo Additional Reviewer Anita Jenkins Zoning Director Review Jeanne Marcella Department Head Review Heidi Ashton-Cicko Level 2 Attorney of Record Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Dan Rodriguez Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 03/26/2021 10:13 AM Completed 03/30/2021 12:47 PM Completed 03/31/2021 3:33 PM Completed 04/07/2021 2:43 PM Completed 04/09/2021 9:36 AM Completed 04/09/2021 9:42 AM Completed 04/09/2021 2:12 PM Completed 04/15/2021 4:19 PM Completed 04/19/2021 3:33 PM 04/27/2021 9:00 AM Packet Pg. 1551 17.A.1 Co er Comftty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT/ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: March 18, 2021 SUBJECT: PROJECT/PETITION PL20180002233/CP-2019-01, LARGE SCALE GROWTH MANAGEMENT PLAN AMENDMENT (Companion to PUD - PL20180002234) [ADOPTION HEARING] ELEMENT: FUTURE LAND USE ELEMENT (FLUE) PROPOSED AMENDMENT PETITION PL20180002233/CP-2019-01, The applicant proposes a large-scale Comprehensive Plan amendment to the Future Land Use Element (FLUE) and Future Land Use Map and Map Series, specifically amending the Rural Fringe Mixed Use District (RFMUD) to add the "NC Square Mixed Use Overlay." The Overlay will allow a maximum of 44,400 square feet of commercial uses as permitted in the C-2, Commercial Convenience zoning district, and the C-3, Commercial Intermediate zoning district — to be identified in the implementing Planned Unit Development Ordinance; a 12,000 square foot daycare limited to 250 students; and, a minimum of 120 affordable housing residential dwelling units and a maximum of 129 affordable housing residential dwelling units. The subject property, comprising ±24.40 acres, is located at the southwest corner of Immokalee Road and Catawba Street, approximately 1.6 miles west of Wilson Boulevard, in Section 29, Township 48 South, Range 27 East. Note: A companion PUD rezone petition is scheduled for this same hearina. Transmittal hearings on the amendment were held on November 19, 2020 (CCPC, Collier County Planning Commission) and on January 26, 2021 (Collier County Board of County Commissioners). The Transmittal recommendations/actions are presented further below. Within CCPC materials provided, you will find the Transmittal Executive Summary from the Board hearing, and the Transmittal CCPC staff report for the petition, which provides staff's detailed analysis of the petition. In accordance with Chapter 163.3184(3)(b)1., F.S., pertaining to the Expedited State Review Process, this Transmittal package was provided to the Florida Department of Economic Opportunity (DEO) and other reviewing agencies on February 3, 2021. Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Pagel of 2 Packet Pg. 1552 17.A.1 REVIEW AGENCY COMMENT LETTERS The Transmitted amendment was provided to the following State reviewing agencies: the DEO, the Florida Department of Environmental Protection, Florida Department of Agriculture and Consumer Services/Florida Forest Service, Florida Department of State/Bureau of Historic Preservation, Florida Fish and Wildlife Conservation Commission, South Florida Water Management District, the Florida Department of Transportation, and, the Southwest Florida Regional Planning Council. Comments have not yet been received from these agencies, with the exception of the Florida Department of Transportation (FDOT) and are expected to be received no later than March 8, 2021. The FDOT conducted a planning level analysis and rendered comments within their authorized scope of review but did not express any concerns regarding this project. The FDOT Comments Letter is located within materials provided to the CCPC. The remaining comments, if any, from other reviewing agencies will be provided to the CCPC prior to the public hearing, as well as a Staff Report addendum if necessary. Within CCPC materials provided is an Ordinance with Exhibit "A" text (and map) for the petition; this exhibit reflects the text as approved by the Board for Transmittal. There have been no revisions from the version transmitted. TRANSMITTAL STAFF RECOMMENDATION: To Transmit to DEO. Staff recommended commercial uses appropriately suited to "neighborhood commercial" with a maximum intensity of 44,400 sq. ft. of gross floor area, as specified in the Staff Report for those permitted and accessory uses consistent with the C-1, Commercial Professional and General Office zoning district, C-2, Commercial Convenience District, and the C-3, Commercial Intermediate District; daycare center with a maximum 12,000 sq. ft. and limited to 250 students; and, a maximum of 129 residential units through an Affordable Housing Density Bonus Agreement. CCPC RECOMMENDATION: Transmit to DEO (vote: 7/0). The CCPC recommended approval of Overlay, subject to a maximum intensity of 44,400 sq. ft. of commercial uses as permitted in the C-2, Commercial Convenience District, and the C-3, Commercial Intermediate District — to be identified in the implementing Planned Unit Development Ordinance; a 12,000 square foot daycare limited to 250 students; and, a minimum of 120 affordable housing residential units and a maximum of 129 affordable housing residential dwelling units. BOARD ACTION: Transmitted to DEO (vote: 5/0 — Summary Agenda), per CCPC recommendation. STAFF RECOMMENDATION (ADOPTION): That the CCPC forward the petition to the Board with a recommendation to adopt and transmit to the DEO and reviewing agencies that provided comments. LEGAL REVIEW This Staff Report was reviewed by the County Attorney's Office on March 1, 2021. 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] Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 2 of 2 Packet Pg. 1553 17.A.2 ORDINANCE NO.2021- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES TO CREATE THE NC SQUARE MIXED -USE OVERLAY ON LAND IN THE AGRICULTURAL/RURAL DESIGNATION AND RURAL FRINGE MIXED USE DISTRICT -RECEIVING LANDS OVERLAY TO ALLOW UP TO 44,400 SQUARE FEET OF COMMERCIAL USES, A 12,000 SQUARE FOOT DAYCARE LIMITED TO 250 STUDENTS, AND A MINIMUM OF 120 AND A MAXIMUM OF 129 AFFORDABLE HOUSING RESIDENTIAL DWELLING UNITS AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 24.4f ACRES AND LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD AND CATAWBA STREET APPROXIMATELY 1.6 MILES WEST OF WILSON BOULEVARD IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20180002233] WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Immokalee Square LLC, requested an amendment to the Future Land Use Element and Map Series; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on February 3, 2021, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and [ 19-CMP-01049/ 1616170/11173 NC Square / PL20180002233 Words underlined are additions; Words strueak t4eugk are deletions. Page 1 of 3 3/24/21 *** *** *** *** are a break in text Packet Pg. 1554 17.A.2 WHEREAS, Collier County, has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents, testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on March 18, 2021, and the Collier County Board of County Commissioners held on ; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendments to the Future Land Use Element and Map Series attached hereto as Exhibit "A" and incorporated herein by reference, are hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. [19-CMP-01049/1616170/11173 NC Square / PL20180002233 Words underlined are additions; Words stmek through are deletions. Page 2 of 3 3/24/21 * * * * * * * * * * * * are a break in text Packet Pg. 1555 17.A.2 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk Penny Taylor, Chairman Approved as to form and legality: N, q?A Heidi Ashton-Cicko 3' L Managing Assistant County Attorney Attachment: Exhibit A — Text and Map NC Square / P 20180102233 3 Words underlined are additions; Words stfue� are deletions. Page 3 of 3 NC Square / PL20180002233 3/24/21 *** *** *** *** area break in text Packet Pg. 1556 17.A.2 EXHIBIT A FUTURE LAND USE ELEMENT Note: Words underlined are added, words struck through are deleted. Italicized text within brackets is explanatory only — not to be adopted. I. IMPLEMENTATION STRATEGY [Page 9] GOALS, OBJECTIVES AND POLICIES *** *** *** *** text break *** *** *** *** Policy 1.9: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. NC Square Mixed -Use Overlay G D. Natural Resource Protection Area Overlays 9-. E. Rural Lands Stewardship Area Overlay & F. Airport Noise Area Overlay G. Bayshore/Gateway Triangle Redevelopment Overlay G H. Urban -Rural Fringe Transition Zone Overlay #. I. Coastal High Hazard Area Boundary f: J.Incorporated Areas *** *** *** *** text break *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES [Page 97] A. Area of Critical State Concern *** *** *** *** text break *** *** *** *** B. North Belle Meade Overlay *** *** *** *** text break *** *** *** *** C. NC Square Mixed -Use Overlay This Overlay, comprising approximately 24.4 acres is located at the southwest corner of Immokalee Road and Catawba Street in Section 29, Township 48 South, Range 27 East. The purpose of this Overlay is to allow a minimum of 120 affordable housing residential units, not to exceed a maximum of 129 affordable housing residential units, a daycare center and allow neighborhood commercial uses to serve surrounding residential areas and passerby - traffic This Overlay shall be subject to all Rural Fringe Mixed Use District Receiving Lands provisions, except as provided for herein. Development in this Overlay shall comply with the following requirements and limitations: a. Rezoning shall be in the form of a PUD, Planned Unit Development. _ a� E E Q a a� 0 a� 3 s U Z M U) M LO a� _ 0 0 0 c a� s r r a Page 1 of 4 Packet Pg. 1557 17.A.2 b. This Overlay shall be limited to a maximum gross leasable floor area of 44,400 square feet for commercial uses provided in the implementing PUD ordinance, and a maximum 12,000 square feet daycare center limited to 250 students. c. This Overlay shall provide a minimum of 120 affordable housinq residential units and shall not exceed a maximum of 129 affordable housing residential units. d. Density shall be through an Affordable Housing Agreement between the Owner and Collier County. The implementing PUD shall include provisions to: 1. Establish a minimum number of dwelling units to be built. 2. Establish a minimum square foot of commercial uses to be built. 3. Address compatibility with surrounding properties. 4. Establish a common theme for architecture, signage and landscaping. 5. Provide pedestrian connectivity throughout the project. 6. Establish permitted and accessory uses and development standards from those C-1, Commercial and General Office District through C-2, Commercial Convenience District and those limited C-3 Commercial Intermediate District, uses appropriately suited to "neighborhood commercial' center. 7. Prohibit stand-alone drive -through restaurants. 8. Develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires and incorporate the applicable elements of this plan into the companion PUD. 9. Distribute the "A Guide to Living in Bear Country" to future commercial business owners and residential homeowners, as well as to construction/maintenance personnel, and utilize bear -proof dumpsters. *** *** *** *** text break *** *** *** *** FUTURE LAND USE MAP SERIES Future Land Use Map Activity Center Index Map Mixed Use & Interchange Activity Center Maps *** *** *** *** text break *** *** *** *** East Tamiami Trail Commercial Infill Subdistrict Map Seed to Table Commercial Subdistrict Map NC Square Mixed -Use Overlay Map [Page 147] Page 2 of 4 Packet Pg. 1558 EXHIBIT A PETITION PL20180002233/CP 17.A.2 NC SQUARE MIXED USE OVERLAY 0/ COLLIER COUNTY, FLORIDA G r 0 Go/aeh FZ a9/e z m - m a O G �e9t`�e ge _z f d cc � Immokalee RD m v t O A No Name LN v 0 SUBJECT SITE cypress DR v De r Run LN ADOPTED - XXXX Legend (Ord. No.XXXX) PREPARED BY: BETH YANG, AICP 0 150300 600 900 NC SQUARE MIXED GROWTH MANAGEMENT DEPARTMENT Feet USE OVERLAY FILE'.NC SQUARE MIXED USE OVERLAY LOCATION MAP.MXD DATE: 0212020 t L Page 3 of 4 Packet Pg. 1559 T46S I T47S T48S i u r 50 5 T51S j T52S T53S 17.A.2 e au Oo w oww w w wi 02O4wen�2ep�wo o ywao x 'i x-ozwW8Fio`Z zC ww°CO 02i2wOo — pz° wO2 o� d V C R C i O ci CD y+ ui Q 0EL` 5 O G =aA- w,5 W w��w /'� Ln (n c > C w N v <w O ° way NZ Z. s N LU°' wmowce U wzw O €w w o��� CA Pa M e x t o ffLLa a 8 $m�_ 15 G u i.f of r Packet Pg. 1560 T 46S Td7Q TAAS TA4R TSAS TAlS T59S T53R 17.A.4 NtIptC6 43altIj NrIJIS PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 DAVIDSON ENGINEERING INC 4365 RADIO RD #201 NAPLES FL 34104 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared Joe Heynen who on oath says that he serves as legal clerk 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 Naples, 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. `lfirif�3hiol Subscribed and sworn to before on July 17th, 2020 Notary, State of WI, County of Brown TARA MONDLOCId Notary Public State of Wisconsin My commission expires: August 6, 2021 Publication Cost: S945.00 Ad No GC10445518 Customer No: 505018 PO#: NEIGHBORHOOD INFO MEETING Packet Pg. 1561 NEIGHBORHOOD INFORMATION MEETING 17.A.4 The public is invited to attend a Neighborhood Information Meeting, held by Davidson Engineering, Inc. on: Thursday, August 6th, 2020 at 5:30 p.m., in the Lecture Hall (Room 211) at New Hope Ministries located 7675 Davis Boulevard, Naples, FL 34104 The subject site is comprised of two separate parcels, collectively ±24.4-acres in size. The properties are located along Immokalee Road, at the southwest corner of Immokalee Road and Catawba Street, in Section 29, Township 48 South and Range 27 East, and are approximately ±1.6 miles west of the Wilson Boulevard/Immokalee Road intersection and ±3.4 miles east of the Collier Boulevard/ Immokalee Road intersection. Immokalee RD o m Project Location Vl Formal applications have been submitted to Collier County seeking approval for the following: NC Square Mixed- se EIVrIed Unit Development (PUDZ-PL2018 002234): To rezone ±24.4-acres from Rural Agricultural -Mobile Home Overlay -Rural Fringe Mixed Use Overlay -Receiving Lands to the NC Square Mixed -Use Planned Unit Development to permit up to 44,400 square feet of commercial uses, a 12,000 square feet day care and 129 residential units. NC Square Mixed -Use Overlay ((5MPA-PL20180002233]: To establish the NC Square Mixed -Use Overlay to allow mixed -use development on the subject site, permitting up to 44,400 square feet of commercial uses, a 12,000 square feet day care and 129 residential units. Business and property owners, residents and visitors are welcome to attend the presentation to discuss the project. If you are unable to attend the meeting in -person and would like the opportunity to participate virtually, an on-line Zoom meeting will be available. Reservations for in -person meeting attendance is required to ensure that the CDC guidelines for social distancing can be achieved and details related to joining the meeting via Zoom can be obtained by contacting the individual listed below. If you are unable to attend the meeting in -person or participate virtually, and have questions or comments, they can also be directed by mail, phone or e-mail to the individual below: Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Email: jessica@davidsonengineering.com Packet Pg. 1562 17.A.4 2430 CATAWBA STREET LLC BARBARA L WENDELL TRUST BELL RI HOLDINGS LLC 2360 CATAWBA ST 5444 STOW RD 2271 ROCK RD NAPLES, FL 34120--- 3821 HUDSON, OH 44236--- 4136 NAPLES, FL 34120 --- 0 CURCIO, JOHN A DAHL, THEO & MADELIENE DORIA, REY & MARY 8561 GLENLYON CT 11514 PEREGRINE CT PO BOX 8539 FT MYERS, FL 33912 --- 0 NAPLES, FL 34120--- 4332 NAPLES, FL 34101--- 8539 GONZALEZ, SALVADOR & CANDIDA GROSS, GLEN S & RHONDA L HADLEY, JOHN M & MARIE E E 761 91ST AVE N 11515 PEREGRINE CT 11507 PEREGRINE CT (D NAPLES, FL 34108--- 2424 NAPLES, FL 34120--- 4332 NAPLES, FL 34120 --- 0 Q (L C9 HILBERG, ROY DAVID IMMOKALEE SQUARE LLC IVANOV, FRANCES 4570 BENFIELD RD 2055 TRADE CENTER WAY 11430 GOLDEN EAGLE CT > NAPLES, FL 34114--- 1211 NAPLES, FL 34109 --- 0 NAPLES, FL 34120--- 4330 a� L U) JONES, ALAN R & DIANE M MARK S BELL REVOCABLE TRUST NAPLES ASSOCIATES IV LLLP Z 11503 PEREGRINE CT 8757 HIDEAWAY HARBOR CT 1600 SAWGRASS CORPORATE PKW •- NAPLES, FL 34120--- 4332 NAPLES, FL 34120--- 4327 # 400 CV) Lo M Lo SUNRISE, FL 33323 --- 0 OZENDO, PIERRE L RODRIGUEZ, ROBERTO SD TWIN EAGLES LLC JOYCE Z PERE 63 MADISON DR 2639 PROFESSIONAL CIRCLE #101 11511 PEREGRINE COURT NAPLES, FL 34110--- 1322 NAPLES, FL 34119 --- 0 NAPLES, FL 34120 --- 0 SHADOW CREEK INVESTMENTS LLC SHANAHAN JR, PATRICK J SHARPE, ROGER A PO BOX 8262 MARGARET F SHANAHAN COLEEN R SHARPE NAPLES, FL 34101--- 8262 11426 GOLDEN EAGLE CT 8051 FRIENDSHIP LN NAPLES, FL 34120--- 4330 NAPLES, FL 34120--- 4854 SHAUGHNESSY JR, BERNARD J SWIGERT, ESTHER E TRACY, TIMOTHY P & SHAILEEN M MELISSA J SHAUGHNESSY 11680 IMMOKALEE RD 11422 GOLDEN EAGLE CT JAMES W JACKSON NAPLES, FL 34120--- 3867 NAPLES, FL 34120--- 4330 11418 GOLDEN EAGLE CT NAPLES, FL 34120 --- 0 TWINEAGLES HOMEOWNERS UIHLEIN TR, RICHARD A ASSOCIATION INC LAURALEE A UIHLEIN TR 11100 BONITA BEACH ROAD SUITE 101 R A & L A UIHLEIN REV RES TR11414 BONITA SPRINGS, FL 34135 --- 0 GOLDEN EAGLE CT NAPLES, FL 34120--- 4330 GOLDEN GATE ESTATES AREA CIVI( ASSOCIATION INC. PO BOX 990596 NAPLES, FL 34116 Packet Pg. 1563 (;uawpuawy dWS RelJan0 ejenbS ON : M90 s;uawnoo0 p8lej8M pue 2!Aep!IIV WIN'£0 :;uawyoe;;y v a co O lOn I,. oNOlqrLo r, oM aO OMO wo mrlm (O N LoN NO O O O O N O O N O O N (O O O O V N O O O V O V O O O O O N V N O O O O N 0 7 O O M M O O O O M O O O M 0 O O O O O M 0 0 0 0 0 0 � 0 N N N N (m N to Lo N N Lo N N N N o Lo N N N o N Lo N o N (Lo N o N N O O O O m O W m o o W w O O O w N O O o m ONO w O m O coco w o o o o rn o rl r.-O o r` r,o o o I- r- o o o r� o rl o I- o n o r� h w 0 o w o g a Q M m N O U N O N h r N N O h 0 O Q N N N N O M co N M M M N N N co M� O M� Cl) O. co CO W CO? ' M N7M N MMM MO M N MN aDMM M U M M M M O N 7 aD N 0 0 0 7 7 7 I O r O W O M J 7 U ! ! ! ! to ! LL ! 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O0mW00 1uW ❑(Di29W ZO(NOLLMM:Iww C« O Fa- F F F O U W W F W W Z a Q 0 W W W LL O O W tr JO Q W U p 7 O aa¢aFOJLLXInLLLL W tr O'ULL 00aNp0_XQz<2(� JO0 U L O U U U Ufn LL'U V O�10 f� M OMS 2 fnU Q LLOO wNO� m O OOO V m 00(O if7 MO r n O} � (Am d' dO •3N cJ (o0w0 �0L,2�LL �(nu,7W W �0 McOMNLL ¢OJUwJ�N CN NNNNnN�NN a dy a o �� Mn z U » F w a o a UUUU(q ¢J W F-F-LL w W W W of O w J N A N J J J J Z .6 d W U U W W J F' Z a Z a C O W www~U W �OQ cif JJ Z4Q= O W (Yj W MU)}j aw 22��WJ wp}0w wof p00 wJ W JZ� m W a6 WKa �w co i--FFFOMn wa aacn r ¢rr�LLg¢U) o a¢ a¢¢ w z a 22,U) O 0 d U w w w o, 0 W W LL W r=_ T U W LU Zaaa3:� ..wWwgzW w° oNWowWgaW<Oww��� �U,¢Ww FWJ(oc~aJu2W S� C o)OZwQZZ 0 ZLuW ZOO Yr( r mmzW mmmmQtvQW7¢OOWmm�a¢NU 0 NN � Q O Z E I1 NNmm0UM ZO W mmmmm( F-F-DO 17.A.4 DAVIDSON E N G I N E E R I N G ESTABLISHED July 17, 2020 Dear Property Owner, Civil Engineering • Planning • Permitting esigning "xcellence The public is invited to attend a Neighborhood Information Meeting, held by Davidson Engineering, Inc. on: Thursday, August 6th, 2020 at 5:30 p.m., in the Lecture Hall (Room 211) at New Hope Ministries located 7675 Davis Boulevard, Naples, FL 34104 The subject site is comprised of two separate parcels, collectively ±24.4-acres in size. The properties are located along Immokalee Road, at the southwest corner of Immokalee Road and Catawba Street, in Section 29, Township 48 South and Range 27 East, and are approximately ±1.6 miles west of the Wilson Boulevard/Immokalee Road intersection and ±3.4 miles east of the Collier Boulevard/ Immokalee Road intersection (see back for location map). Formal applications have been submitted to Collier County seeking approval for the following: NC Square Mixed -Use Planned Unit Development (PUDZ-PL20180002234): To rezone ±24.4-acres from Rural Agricultural -Mobile Home Overlay -Rural Fringe Mixed Use Overlay -Receiving Lands to the NC Square Mixed -Use Planned Unit Development to permit up to 44,400 square feet of commercial uses, a 12,000 square feet day care and 129 residential units. NC Square Mixed -Use Overlay (GMPA-PL20180002233): To establish the NC Square Mixed -Use Overlay to allow mixed -use development on the subject site, permitting up to 44,400 square feet of commercial uses, a 12,000 square feet day care and 129 residential units. Business and property owners, residents and visitors are welcome to attend the presentation to discuss the project. If you are unable to attend the meeting in -person and would like the opportunity to participate virtually, an on-line Zoom meeting will be available. Reservations for in -person meeting attendance is required to ensure that the CDC guidelines for social distancing can be achieved and details related to joining the meeting via Zoom can be obtained by contacting the individual listed below. If you are unable to attend the meeting in -person or participate virtually, and have questions or comments, they can also be directed by mail, phone or e-mail to the individual below: Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Email: jessica@davidsonengineering.com 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com Packet Pg. 1565 lmmokalee RD z J m Project ° V} Location 17.A.4 DE DAVIDSON E N G I N E E R I N G Packet Pg. 1566 17.A.4 DAVIDSON E N G I N E E R I N G ESTABLISHED 12.97 L- September 10, 2020 To: From: Civil Engineering • Planning • Permitting esigning xcellence MEMORANDUM Nancy Gundlach, AICP, PLA, Principal Planner/Corby Schmidt, AICP, Principal Planner Jessica Harrelson, AICP Subject: NC Square Mixed Use Overlay GMPA (PL20180002233/CP-2019-1) NC Square Mixed Use MPUD (PL20180002234) Neighborhood Information Meeting The Neighborhood Information Meeting was advertised and notices were mailed to those who may be affected by the subject applications, as required. Virtual participation to the meeting was offered to the public as an alternative to in -person attendance. The meeting was held on August 6, 2020 and there were no attendees (virtual or in -person). Jessica Harrelson, AICP Senior Planner c W E s= a� E a a 2 0 M L m O W L M U z M Ln M LO 4365 Radio Road - Suite 201 - Naples, FL 34104 - P: (239) 434.6060 Packet Pg. 1567 17.A.4 NcIlIteS.4 at l -eWq PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 DAVIDSON ENGINEERING INC 4365 RADIO RD #201 NAPLES FL 34104 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared Joe Heynen who on oath says that he serves as legal clerk 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 Naples, 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. 7/1712020 Subscribed and sworn to before on July 17th, 2020. Notary, State of WI, County of Brown TARA MONDLOCId M Notary Public State of Wisconsin My commission expires: August 6, 2021 Publication Cost: S945.00 Ad No GC10445518 Customer No: 505018 PO#: NEIGHBORHOOD INFO MEETING Packet Pg. 1568 NEIGHBORHOOD INFORMATION MEETING 17.A.4 The public is invited to attend a Neighborhood Information Meeting, held by Davidson Engineering, Inc. on: Thursday, August 6th, 2020 at 5:30 p.m., in the Lecture Hall (Room 211) at New Hope Ministries located 7675 Davis Boulevard, Naples, FL 34104 The subject site is comprised of two separate parcels, collectively ±24.4-acres in size. The properties are located along Immokalee Road, at the southwest corner of Immokalee Road and Catawba Street, in Section 29, Township 48 South and Range 27 East, and are approximately ±1.6 miles west of the Wilson Boulevard/Immokalee Road intersection and ±3.4 miles east of the Collier Boulevard/ Immokalee Road intersection. Immokalee RD o m Project Location Vl Formal applications have been submitted to Collier County seeking approval for the following: NC Square Mixed- se EIVrIed Unit Development (PUDZ-PL2018 002234): To rezone ±24.4-acres from Rural Agricultural -Mobile Home Overlay -Rural Fringe Mixed Use Overlay -Receiving Lands to the NC Square Mixed -Use Planned Unit Development to permit up to 44,400 square feet of commercial uses, a 12,000 square feet day care and 129 residential units. NC Square Mixed -Use Overlay ((5MPA-PL20180002233]: To establish the NC Square Mixed -Use Overlay to allow mixed -use development on the subject site, permitting up to 44,400 square feet of commercial uses, a 12,000 square feet day care and 129 residential units. Business and property owners, residents and visitors are welcome to attend the presentation to discuss the project. If you are unable to attend the meeting in -person and would like the opportunity to participate virtually, an on-line Zoom meeting will be available. Reservations for in -person meeting attendance is required to ensure that the CDC guidelines for social distancing can be achieved and details related to joining the meeting via Zoom can be obtained by contacting the individual listed below. If you are unable to attend the meeting in -person or participate virtually, and have questions or comments, they can also be directed by mail, phone or e-mail to the individual below: Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Email: jessica@davidsonengineering.com Packet Pg. 1569 17.A.4 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a Planned Unit Development Rezone and Growth Management Plan Amendment, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance Jessica Harrelson, AICP State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 17th day of July , 2020 by Jessica Harrelson, AICP, who is personally known to me. (Signature of Notary Public) (Notary Seal) Tocia Hamlin Printed Name of Notary TOCIAKMAM M r W LION S OC 309W NC Square Mixed Use Overlay GMPA (PL20180002233/CP-2019-1) S.J*7.� NC Square Mixed Use MPUD (PL20180002234) y••.•••'•� Packet Pg. 1570 17.A.5 Coibe' r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.xov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi -Judicial Public Hearing Waiver Emergency/Executive Order 2020-04 Hearing of the Collier County Planning Commission and Board of County Commissioners GMPA-PL20180002233/CP-2019-1 (NC Square Mixed Use Overlay) For Petition Number(s): PUDZ-PL20180002234 LLC Regarding the above subject petition number(s), Immokalee Square, (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the Collier County Planning Commission and Board of County Commissioners, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: Antonio Brown, Manager, Immokalee Square, LLC Signature*: ✓❑ Applicant ❑ Legal Counsel to Applicant Date: C �p -z' Z U * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. Packet Pg. 1571 17.A.6 AFFIDAVIT OF AUTHORIZATION FOR PETITIOPS1 NUMBERS(S) I PL20180002233/CP-2019-1 Antonio B. B applicable) of under oath, tha Immokalee Sauare. LLC am the (choose one) owneru X Manager (title, if (company, If applicable), swear or affirm applicant contract purchaser and that: 1. I 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 impsed by the armroved action. 5. We/I authorize Noel J. Davies, Eso., Davies Duke. PLLC to act as our/my representative in any matters regarding This pe I ion "Fn-clucling I tnrougn;a;o]ve-.— *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.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. • 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, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. CP\08-COA-00115\155 ]REV 3/4/2020 Packet Pg. 1572 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of physical presence or ri online notarization this �J� day of ��`a�„� - , 20�, by (printed name of owner or qualifier) Such person(s) Notary Public must check applicable box: ['Are personally known to me El Has produced a current drivers license [_1 Has produced _ as identification. Notary Signature: �Mviana Franco CommIGG354913 s Expkes: August 27, 2023 - Bonded Thru Aaron Nota, Packet Pg. 1573 17.A.7 (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 must 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 POSTINGNOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED JESSICA HARRELSON, AICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.000F THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER GMPA- PL20180002233/ CP-2019-1 and PUDZ-PL20180002234. SI RE OF A P ICANT OR AGENT Jessica Harrelson, AICP, Senior Planner, Davidson Engineering, Inc. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER 4365 Radio Road, Suite 201 STREET OR P.O. BOX Naples. FL 34104 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 12th day of February, 2021, by Jessica Harrelson, AICP, who is personally known to me and who did take an oath. ,�� roca►+aa.�msn . € MrsaNtoc�esn My Commission Expires: (Stamp with serial number) Signature of NotaryPublic Tocia Hamlin Rosa Printed Name of Notary Public NC Square Mixed Use Overlay- GMPA-PL20180002233/ CP-2019-1 NC Square Mixed Use PUD - PUDZ-PL20180002234 Packet Pg. 1574 f-- L.L.1 z LL' M O o Z N O LJ 0 00 L o LLJ co ' Q o 'C N � cy') _J W Cl- O G m —I L N zL ago Q�� Ln NZ W z cn � p Q C C=jU I C-SCD Z z r-- n v Q Z �' ~ Q N W w z W J W N N N 0 < CD O Q N V- CV �w� c z Q J C DC � �LLJ Q C Q� m77�WJQJC) <ZQ U �z0-a zOWr () Q �ZYQo �woQ C =� U rnx caC.=j � W_o a LIL U z p p W Z Z F_ Q C'1Qw Q cnz O v m z Ll 1537( T_ � �) 3 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on'April 27, 2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, to consider the enactment of two Ordinances. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES TO CREATE THE NC SQUARE MIXED - USE OVERLAY ON LAND IN THE AGRICULTURAURURAL DESIGNATION AND RURAL FRINGE MIXED USE DISTRICT -RECEIVING LANDS OVERLAY TO ALLOW UP TO 44,400 SQUARE FEET OF COMMERCIAL USES, A 12,000 SQUARE FOOT DAYCARE LIMITED TO 250 STUDENTS, AND A MINIMUM OF 120 AND A MAXIMUM OF 129 AFFORDABLE HOUSING RESIDENTIAL DWELLING UNITS AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 24.4t ACRES AND LOCATED AT THE SOUTHWEST CORNER OF iMMOKALEE ROAD AND CATAWBA STREET APPROXIMATELY 1.6 MILES WEST OF WILSON BOULEVARD IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL201800022331 AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURAL ZONING DISTRICT WITHIN THE MOBILE HOME OVERLAY AND THE RURAL FRINGE MIXED USE DISTRICT OVERLAY -RECEIVING LANDS TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) WITHIN THE RURAL FRINGE MIXED USE DISTRICT OVERLAY -RECEIVING LANDS FOR A PROJECT KNOWN AS NC SQUARE MPUD, TO ALLOW UP TO 44,400 SQUARE FEET OF COMMERCIAL USES, A 12,000 SQUARE FOOT DAYCARE, AND A MINIMUM OF 120 AND A MAXIMUM OF 129 DWELLING UNITS WITH AN AFFORDABLE HOUSING AGREEMENT. THE PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD AND CATAWBA STREET APPROXIMATELY 1.6 MILES WEST OF WILSON BOULEVARD IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.4t ACRES; AND BY PROVIDING AN EFFECTIVE DATE.[PL201800022341 1 If � �, •: :.� Oil Well RD $.E ` G Randall {mmaka{ee 1213 BLbD I. S f ...... ..... Project Location" I a qx h �... ). Copies of the proposed Ordinances are'on file with the Clerk to the Board and -are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior fo the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted.to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COViD-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colliercounWi.gov. individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey-Willig0colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made; which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K. KiNZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL) no-cuoaa4000-o4 Packet Pg. 1583 I • m 17.A.9 Ron DeSantis FLORIDA DEPARTMEHTdf ECONOMIC OPPORTUNITY March 4, 2021 The Honorable Burt L. Saunders Chairman, Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, Florida 34112 Dear Chairman Saunders: Dane Eagle EXECUTIVE DIRECTOR The Department of Economic Opportunity ("Department") has reviewed the proposed comprehensive plan amendment for Collier County (Amendment No. 21-01ESR) received on February 5, 2021. The review was completed under the expedited state review process. We have no comment on the proposed amendment. The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. In addition, the County is reminded that: • Section 163.3184(3)(b), F.S., authorizes other reviewing agencies to provide comments directly to the County. If the County receives reviewing agency comments and they are not resolved, these comments could form the basis for a challenge to the amendment after adoption. • The second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of agency comments or the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(3)(c)1., F.S. • The adopted amendment must be rendered to the Department. Under Section 163.3184(3)(c)2. and 4., F.S., the amendment effective date is 31 days after the Department notifies the County that the amendment package is complete or, if challenged, until it is found to be in compliance by the Department or the Administration Commission. Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 850.24.5.7105 1 www.FloridaJobs.org www.twifter.com/FLDEO Iwww.facebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone: numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. Packet Pg. 1577 17.A.9 The Honorable Burt L. Saunders, Chairman March 4, 2021 Page 2 of 2 If you have any questions concerning this review, please contact Scott Rogers, Planning Analyst, by telephone at (850) 717-8510 or by email at scott.rogers@deo.myflorida.com. Sincerely, s ames D. Stansbury, Chief Bureau of Community Planning and Growth J DS/s r Enclosure(s): Procedures for Adoption cc: Thaddeus L. Cohen, Department Head, Collier County Growth Management Department Margaret Wuerstle, Executive Director, Southwest Florida Regional Planning Council Packet Pg. 1578 17.A.9 SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation, schools, recreation and open space). Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. Revised: June 2018 Page 1 Packet Pg. 1579 17.A.9 ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike-through/underline format. In the case of future land use map amendments, an adopted future land use map, in color format, clearly depicting the parcel, its future land use designation, and its adopted designation. A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: "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 the amendment is 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." List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency in response to the comment letter from the State Land Planning Agency. Revised: June 2018 Page 2 Packet Pg. 1580 From: Suguri, Vitor <Vitor.Suguri@dot.state.f1.us> Sent: Monday, February 22, 2021 11:43 AM To: CohenThaddeus <Thaddeus.Cohen@colliercountyfl.gov> Cc: DEO - CPA Comments(DCPexternalagencycomments@deo.myflorida.com) <DCPexternalagencycomments@deo.myflorida.com>; Reina, Bessie <Bessie.Reina@dot.state.fl.us>; Engala, Todd <Todd.Engala@dot.state.fl.us>; JenkinsAnita <Anita.Jenkins@colliercountyfl.gov>; Ambikapathy, Babuji <BAmbikapathy@VHB.com>; jzaballero@vhb.com Subject: Proposed CPA 21-01 / Collier County / Expedited State Review / No Comment EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Cohen, Pursuant to Section 163.3184(3), Florida Statutes (F.S.), in its role as a reviewing agency as identified in Section 163.3184(1)(c), F.S., the Florida Department of Transportation (FDOT) reviewed Collier County's Proposed Comprehensive Plan Amendment (CPA) package 21- 01 ESR. The proposed amendment seeks to amend the Future Land Use Element Text and Future Land Use Map series of the Growth Management Plan by amending the Rural Fringe Mixed Use District (RFMUD) to add the NC Square Mixed -Use Overlay to allow development of up to 44,000 square feet of Commercial Convenience (C-2) and Commercial Intermediate (C-3) uses; a 12,000 square foot daycare limited to 250 students; and a maximum of 129 dwelling units. The subject site comprises of 24.4 acres and is located at the southwest corner of the intersection of Immokalee Road and Catawba Street, in Collier County, Florida. The proposed development is about 6 miles east of 1-75. FDOT Review Comment: FDOT determined the proposed amendment has no significant adverse impacts to transportation resources or facilities of state importance. FDOT Technical Assistance 1: FDOT encourages the County to promote the use of multimodal alternatives within the planning and development of communities that aid in mitigating potential transportation impacts, promote safety and economic development, and improve quality of life for all communities in the county. These development types help to decrease overall passenger vehicle trips on the roadway network by encouraging compact and dense developments that provide multimodal connectivity between existing and future development areas. This context sensitive Packet Pg. 1581 approach promotes healthy, safe, and economically viable communities that encourages quality of life, and incorporates all modes of transportation. FDOT Technical Assistance 2: The Department recommends that sidewalks and/or bicycle lanes be included as part of any future development plans. This will encourage connectivity from/to the development and provide safe access to the surrounding communities. FDOT appreciates your commitment to intergovernmental coordination and the opportunity to review and comment on the proposed amendment. Thank you, Vitor Suguri, Ph.D. Community Planner Florida Department of Transportation - District One 10041 Daniels Parkway Fort Myers, FL 33913 (239) 225-1959 - Desk (863) 221-1707 - Cell 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. Packet Pg. 1582 CO 1e-r C01414ty Growth Management Department February 3, 2021 Mr. Ray Eubanks, Plan Processing Administrator Florida Department of Economic Opportunity Division of Community Planning/Plan Review and Processing 107 East Madison Street — MSC 160 Tallahassee, Florida 32399-4120 RE: Transmittal of Adopted Large Scale Growth Management Plan Amendment Dear Mr. Eubanks: In accordance with Chapter 163.36187(1), F.S., and the Department of Economic Opportunity's posted procedures, Collier County is transmitting one hard copy and two CDs in pdfs of a Large Scale Growth Management Plan amendment package, including all support documents, to the Department of Economic Opportunity. This amendment, petition PL20180002233/CP-2019-1, was reviewed in public hearing by the Collier County Planning Commission (local planning agency) on November 19, 2020. The Collier County Board of County Commissioners adopted the Growth Management Plan amendment in an advertised public hearing on January 26, 2021 and approved it by the adoption of Resolution No. 2021-19. A brief summary of this amendment is as follows (more details are provided in the Staff Report to the Collier County Planning Commission and the Executive Summary to the Board of County Commissioners): Petition PL20180002233/CP-2019-1, an amendment to the Future Land Use Element text and Future Land Use Map series of the Growth Management Plan by amending the Rural Fringe Mixed Use District (RFMUD) District to add the NC Square Mixed -Use Overlay to allow development of up to 44,000 square feet of Commercial Convenience (C-2) and Commercial Intermediate (C-3) uses; a 12,000 square foot daycare limited to 250 students; and a maximum of 129 dwelling units. The subject site comprises approximately 24.4 acres and is located at the southwest corner of the intersection of Immokalee Road and Catawba Street, in Section 29, Township 49 South, Range 27 East, Collier County, Florida. Office of the Deputy Department Head- 2800North Horseshoe Drive • Naples, Florida 34104.239-252-2517 • www.colliercountyfl.gov Co Ter County Growth Management Department This amendment qualifies as a large scale amendment pursuant to Chapter 163.3184, F.S., as (1) it contains approximately 24.4 acres; (2) it consists of a map amendment and directly related text amendment; (3) since it is in the RFMUD it will require a Wildfire and Prevention Plan; and (4) it is located within the USFWS Panther Secondary Zone and Focus Area, within core foraging area for two wood stork colonies, and may be utilized by fox squirrels and black bears. Collier County has previously provided its complete adopted Growth Management Plan, including amendments and support documents, to all review agencies listed in Chapter 163.3184(3), Florida Statutes. Finally, if you have questions or need additional information, please contact: Anita Jenkins, AICP, Zoning Director Zoning Division 2800 N. Horseshoe Drive Naples, Florida 34104 Phone: 239-252-8288 Email: anita ienkins(a,colliercountvfl.gov *deus en Department Head Growth Management Department Collier County Attachments: Signed Resolution Executive Summary Staff Report Application/Petition Packet CCPCBCC Advertising with Affidavits Draft Site Plan Signed Hybrid Waiver cc: Board of County Commissioners (copy of cover letter only) Leo Ochs, County Manager (copy of cover letter only) Jeanne Marcella, Executive Secretary Office of the Deputy Department Head• 2800 North Horseshoe Drive • Naples. Florida 34104.239-252-2517 RESOLUTION NO. 2021-1 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES TO CREATE THE NC SQUARE MIXED -USE OVERLAY ON LAND IN THE AGRICULTURAL/RURAL DESIGNATION AND RURAL FRINGE MIXED USE DISTRICT -RECEIVING LANDS OVERLAY TO ALLOW UP TO 44,400 SQUARE FEET OF COMMERCIAL USES, A 12,000 SQUARE FOOT DAYCARE LIMITED TO 250 STUDENTS, AND A MAXIMUM OF 129 RESIDENTIAL DWELLING UNITS AND FURTHERMORE DIRECTING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 24.4t ACRES AND LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD AND CATAWBA STREET APPROXIMATELY 1.6 MILES WEST OF WILSON BOULEVARD IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20180002233] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Petitioner, Immokalee Square LLC, has initiated this amendment to the Future Land Use Element; and WHEREAS, on November 19, 2020, the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, on January 26, 2021, the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184, F.S.; and [I 9-CMP-0 1049/1588849/11130 Immokalee Square/ PL20180002233 Page 1 of 2 12/16/20 Words underlined are additions; Words struck through are deletions. *** *** *** *** are a break in text WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3), F.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote this -2 day of j a �,, iA LL92021. ATTFYSY: CRYSTAL K,INZEL, CLERK Afte'A aS t0 chai t"W'S'. De ut e Appr ved as to form and legality: k1, A, � C Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit "A" BOARD OF COUNTY COMMISSIONERS COLLIYR PC"TY, FLORWA Penny Td�lor, Chairman [19-CMP-01049/1588849/1]130 Immokalee Square/ PL20180002233 Page 2 of 2 12/16/20 Words underlined are additions; Words struck through are deletions. * * * * * * * * * * * * are a break in text EXHIBIT A FUTURE LAND USE ELEMENT Note: Words underlined are added, words struck through are deleted. Italicized text within brackets is explanatory only — not to be adopted. I. IMPLEMENTATION STRATEGY [Page 9] GOALS, OBJECTIVES AND POLICIES *** *** *** *** text break Policy 1.9: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. NC Square Mixed -Use Overlay Q. D. Natural Resource Protection Area Overlays 9, E. Rural Lands Stewardship Area Overlay F. Airport Noise Area Overlay G. Bayshore/Gateway Triangle Redevelopment Overlay G H. Urban -Rural Fringe Transition Zone Overlay I. Coastal High Hazard Area Boundary 4 J.Incorporated Areas *** *** *** *** text break *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES [Page 97] A. Area of Critical State Concern *** *** *** *** text break *** *** *** *** B. North Belle Meade Overlay *** *** *** *** text break *** *** *** *** C. NC Square Mixed -Use Overlay This Overlay, comprising approximately 24.4 acres, is located at the southwest corner of Immokalee Road and Catawba Street, in Section 29, Township 48 South, Range 27 East. The purpose of this Overlay is to allow a minimum of 120 affordable housing residential units, not to exceed a maximum of 129 affordable housing residential units, a daycare center and allow neighborhood commercial uses to serve surrounding residential areas and passerby - traffic. This Overlay shall be subject to all Rural Fringe Mixed Use District Receiving Lands provisions, except as provided for herein. Development in this Overlay shall comply with the following requirements and limitations: a. Rezoning shall be in the form of a PUD, Planned Unit Development. Page 1 of 4 b. This Overlay shall be limited to a maximum gross leasable floor area of 44,400 square feet for commercial uses provided in the implementing PUD ordinance, and a maximum 12,000 square feet daycare center limited to 250 students. c. This Overlay shall provide a minimum of 120 affordable housing residential units and shall not exceed a maximum of 129 affordable housing residential units. d. Density shall be through an Affordable Housing Agreement between the Owner and Collier County. The implementing PUD shall include provisions to: 1. Establish a minimum number of dwelling units to be built. 2. Establish a minimum square foot of commercial uses to be built. 3. Address compatibility with surrounding properties. 4. Establish a common theme for architecture, signage and landscaping. 5. Provide pedestrian connectivity throughout the project. 6. Establish permitted and accessory uses and development standards from those C-1, Commercial and General Office District, through C-2, Commercial Convenience District, and those limited C-3, Commercial Intermediate District, uses appropriately suited to "neighborhood commercial' center. 7. Prohibit stand-alone drive -through restaurants. 8. Develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires and incorporate the applicable elements of this plan into the companion PUD. 9. Distribute the "A Guide to Living in Bear Country" to future commercial business owners and residential homeowners, as well as to construction/maintenance personnel, and utilize bear -proof dumpsters. *** *** *** *** text break *** *** *** *** FUTURE LAND USE MAP SERIES Future Land Use Map Activity Center Index Map Mixed Use & Interchange Activity Center Maps *** *** *** *** text break *** *** *** *** East Tamiami Trail Commercial Infill Subdistrict Map Seed to Table Commercial Subdistrict Map NC Square Mixed -Use Overlay Map [Page 1471 Page 2 of 4 EXHIBIT A PETITION PL20180002233/CP-2019-1 6 NC SQUARE MIXED USE OVERLAY Q�P� COLLIER COUNTY, FLORIDA 0 r 0 �o/yen F �m a9�e c J d a '11 M O G� yele9t�re r P z 0 0 N Immokalee RD v � m 0 0 No Name LN v SUBJECT S. a SITE Cypress DR v z De r Run LN I ADOPTED - XXXX Legend (Ord. No.XXXX) PREPARED BY BETH YANG, AICP 0 150300 600 900 NC SQUARE MIXED GROWTH MANAGEMENT DEPARTMENTE. Feet USE OVERLAY FI LNC SQUARE MIXED USE OVERLAY LOCATION MAP. MXD DATE. 0212020 t I Page 3 of 4 T46S T47S T48S T49S T50S T51S T52S T53S I ar'< eWmWmWm�x I io ion ?0 �006 oo oo a° i °ao g w! g ��4�5§d13 o w „og=wa �'ogw 'wmom i^w�<nV E_ - �� 1011 DIID o ow�o 008 g o _ o=o aWa Fo °F 6.-Z°`200 i° Z N j � I $ s h W n WOU E pp i3 i 8 gg s gg g w Do®®m � 11111 111111I t CD fill LU d 1 1 1 N �rc III �g W p JE — III— � Noaq} i � W�5 LV Of0-�W N ¢�D> W °a��# W N <m 01 1 w 0 3» 0 0: N Z ' m000f ¢¢ T J ~ J v w � --- � p �pzz N row win W 0? JN (n g R N )zJ t ap0Q �LY .��. i 0 g�y� LL 0 ¢ �O W_� ��z U f- O J N" Q ! $ J T AR Tn7c TARR TdAR TSnq T51R T52S T5AR EXECUTIVE SUMMARY Recommendation to approve a Resolution of the Board of County Commissioners proposing amendment to the Collier County Growth Management Plan, Ordinance 89-05, as amended, specifically amending the Future Land Use Element and map series to create the NC Square Mixed - Use Overlay on land in the Agricultural/Rural Designation and Rural Fringe Mixed Use District - Receiving Lands Overlay to allow up to 44,400 square feet of commercial uses, a 12,000 square foot daycare limited to 250 students, and a maximum of 129 residential dwelling units and furthermore directing transmittal of the amendment to the Florida Department Of Economic Opportunity. The subject property is 24.4E acres and located at the southwest corner of Immokalee Road and Catawba Street approximately 1.6 miles west of Wilson Boulevard in Section 29, Township 49 South, Range 27 East, Collier County, Florida. (Transmittal Hearing) [PL20180002233/CP-2019-1] OBJECTIVE: For the Board of County Commissioners (Board) to approve the single petition to the Collier County Growth Management Plan (GMP) for transmittal to the Florida Department of Economic Opportunity and other statutorily required review agencies. CKIXIKI 11711Y 111013 • Chapter 163, F.S., provides for an amendment process for a local government's adopted Comprehensive Plan. • Collier County Resolution No. 12-234 provides for a public petition process to amend the GMP. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their Transmittal hearing for the 2019 Cycle 1 petition on September 17, 2020 and November 19, 2020 (one petition only, PL20180002233/CP-2019-1). • This Transmittal hearing for the 2019 Cycle 1 petition considers an amendment to the Future Land Use Element (FLUE). The GMP amendment proposes the new NC Square Mixed -Use Overlay in the Rural Fringe Mixed Use District (RFMUD) Receiving Lands that would require a minimum of 120 to a maximum of 129 residential units (gross density of 5.29 dwelling units per acre (DU/A); utilize a [nonstandard] Affordable Housing Density Bonus Agreement to achieve all density in excess of the base density of 1 DU/5A or 4 total DUs, to be adopted with the companion Planned Unit Development (PUD); and, allow a maximum of 44,400 sq. ft. of C-2, and select C-3 commercial uses, as identified in the implementing PUD ordinance. This request also recognizes a daycare use with maximums of 250 children and 12,000 square feet (sq. ft.) of floor space. The use of Transfer of Development Rights credits (TDRs) are not incorporated into this proposal, and the Subdistrict is not eligible to add residential density with TDRs at the PUD stage. The subject property is ±24.4 acres located at the southwest corner of Immokalee Road and Catawba Street, ±3.4 miles east of Collier Boulevard (CR 951), ±1.6 miles west of Wilson Blvd., opposite Twin Eagles, in Section 29, Township 48 South, Range 27 East. This petition seeks to establish an Overlay designation in the Future Land Use Element (FLUE) by amending: 1) Policy 1.9, to add the new NC Square Mixed -Use Overlay; 2) Overlays and Special Features, to add the new Overlay provisions; 3) Future Land Use Map Series list, to add the title of the new Mixed -Use Overlay inset map; 4) Countywide Future Land Use Map to depict the Overlay; and, 5) Future Land Use Map Series to add an inset map depicting the Overlay site. The Overlay text, Countywide Future Land Use Map, and FLU Map Series inset map proposed by this amendment are found in Resolution Exhibit "A". Based on the review of this petition, including the supporting data and analysis, staff made the following findings and conclusions: • The subject site and surrounding lands are designated Rural Fringe Mixed Use District Receiving Lands; the Urban designated area is f2.4 miles to the west. • This petition proposes to require a minimum of 120 to a maximum of 129 dwelling units (5.29 DU/A) with the net effect being an increase of 125 DUs. All density above the 4 base dwelling units (0.2 DU/A) is subject to approval of an affordable workforce housing agreement, companion to the rezone petition. • This petition proposes 44,400 sq. ft. of neighborhood commercial uses (C-1 and C-2 and limited C-3). • This petition also recognizes a daycare use with maximums of 250 children and 12,000 square feet (sq. ft.) of floor space, which is allowed under the existing FLUM designation and zoning by conditional use. • Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum density of 1 DU/5 Acres (0.2 DU/A) — or up to 1 DU/A via use of TDRs if >40 acres in size; agricultural uses; essential services; institutional uses by conditional use (e.g. day care center, ALF, church). The use of TDRs is not incorporated into this proposal. • The subject site fronts Immokalee Road (CR 846), a 6-lane divided arterial road, and County water and wastewater service is available to the site. • There are no issues or concerns regarding LOS impacts upon public infrastructure. • The applicant is required to work with the Florida Forest Service and the Managers of any adjacent or nearby public lands to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. Applicable elements of this plan must be incorporated into the companion PUD. • Commitments must be made part of the companion PUD to distribute the "A Guide to Living in Bear Country" to future commercial business owners and residential homeowners, as well as to construction/maintenance personnel, and utilize bear -proof dumpsters. • Community and Human Services staff are supportive of the affordable workforce housing component of this petition, as it is generally consistent with Board direction to implement the Community Housing Plan. • This petition does not propose the use of TDRs for the density increase, and therefore does not further the RFMUD goal of protecting natural resources in Sending Lands. FISCAL IMPACT: No fiscal impacts to Collier County result from this amendment, as this approval is for the transmittal of this proposed amendment. Petition fees account for staff review time and materials, and for the cost of associated legal advertising/public notice for the public hearings. GROWTH MANAGEMENT IMPACT: Approval of the proposed amendment by the Board for transmittal and its submission to the Florida Department of Economic Opportunity and other statutorily required review agencies will commence the Department's thirty (30) day review process and ultimately return the amendment to the CCPC and the Board for its Adoption hearings tentatively to be held in early 2021. 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 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), F.S. In addition, Section 163.3177(6)(a)2, F.S., provides that 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. £ 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 ins. 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. The need for job creation, capital investment and economic development that will strengthen and diversify the community's economy. And 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 majority vote for approval because this is a Transmittal hearing. [HFAC] STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the County Planning Commission forward Petition PL20180002233/CP-2019-1, to the Board of County Commissioners with a recommendation to approve as written in the approving Resolution, for transmittal to the Florida Department of Economic Opportunity and other statutorily required agencies. COLLIER COUNTY PLANNING COMMISSION (CCPCI RECOMMENDATION: The CCPC heard this petition on November 19, 2020, and voted 7-0 to forward petition PL20180002233/CP-2019-1 to the Board, with the maximum commercial intensity of 44,400 sq. ft. of overall commercial floor space for those C-1, Commercial Professional and General Office District, and C-2, Commercial Convenience District, and limited C-3, Commercial Intermediate District uses to be identified in the implementing PUD ordinance, uses appropriately suited to a "neighborhood commercial" center, and other revisions specific to the minimum (120) and maximum (129) number of dwelling units to be required; with a recommendation to transmit to the Florida Department of Economic Opportunity and other statutorily required review agencies. STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: To approve the Resolution and transmit petition PL20180002233/CP-2019-1 to the Florida Department of Economic Opportunity and other statutorily required review agencies, as recommended by Resolution Exhibit A. Prepared by: Corby Schmidt, AICP, Principal Planner Agenda Item 9. C7a e-r 4Z;ou-Ptry STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION COMPREHENSIVE PLANNING SECTION HEARING DATE: Updated for November 19, 2020 SUBJECT: PETITION PL20180002233/CP-2019-1 GROWTH MANAGEMENT PLAN AMENDMENT, NC SQUARE MIXED -USE OVERLAY [TRANSMITTAL HEARING] ELEMENT: FUTURE LAND USE APPLICANT/AGENTS Applicant: Antonio Brown, Manager Owner: Immokalee Square, LLC Immokalee Square, LLC 2055 Trade Center Way 2055 Trade Center Way Naples, FL 34109 Naples, FL 34109 Agents: Jessica Harrelson, AICP Noel Davis, Esq. Davidson Engineering, Inc. Quarles & Brady, LLP 4365 Radio Road, Suite 201 1395 Panther Lane, Suite 300 Naples, FL 34104 Naples, FL 34109 GEOGRAPHIC LOCATION The subject property, consisting of ±24.4 acres, is located at the southwest corner of Immokalee Road and Catawba Street, ±3.4 miles east of Collier Boulevard (CR 951), ±1.6 miles west of Wilson Blvd., opposite Twin Eagles, in Section 29, Township 48 South, Range 27 East. REQUESTED ACTION This petition seeks to establish an Overlay designation in the Future Land Use Element (FLUE) by amending: Policy 1.9, to add the new NC Square Mixed -Use Overlay; 2) Overlays and Special Features, to add the new Overlay provisions; 3) Future Land Use Map Series list, to add the title of the new Mixed -Use Overlay inset map; 4) Countywide Future Land Use Map to depict the Overlay; and, 5) Future Land Use Map Series to add an inset map depicting the Overlay site. - 1 - PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Agenda Item 9. The Overlay text, Countywide Future Land Use Map, and FLU Map Series inset map proposed by this amendment are found in Resolution Exhibit "A". PURPOSE AND DESCRIPTION OF PROJECT The petition proposes the new NC Square Mixed -Use Overlay in the Rural Fringe Mixed Use District (RFMUD) Receiving Lands that would allow a maximum of 129 residential units (gross density of 5.29 dwelling units per acre (DU/A); utilize a [nonstandard] Affordable Housing Density Bonus Agreement to achieve all density in excess of the base density of 1 DU/5A or 4 total DUs, to be adopted with the companion Planned Unit Development (PUD); and, introduce and allow a maximum of 44,400 sq. ft. of general commercial uses. This request also recognizes a daycare use with maximums of 250 children and 12,000 square feet (sq. ft.) of floor space. The use of Transfer of Development Rights credits (TDRs) are not incorporated into this proposal, and the Subdistrict is not eligible to add residential density with TDRs at the PUD stage. FUTURE LAND USE DESIGNATIONS, ZONING AND LAND USES: Existing Conditions: Subject Property The subject property, which comprises ±24.4 acres, is designated Rural Fringe Mixed Use District (RFMUD) Receiving Lands, which generally provides for an increase in residential density up to a maximum of 1 DU/A with use of Transfer of Development Rights credits (TDRs) in an area with fewer natural resource constraints (than Sending Lands) and where existing and planned public facilities are concentrated. Provisions of the Receiving Lands Wildfire Mitigation requirements found in the FLUE also require that applicants for new developments proposed in Receiving Lands work with the Florida Forest Service and the Managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan will address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the impacts of prescribed burning on adjacent or nearby lands. This plan is required to be submitted and reviewed with the companion PUD rezone petition. Applicable elements will need to be incorporated into the PUD for regulatory effect. The subject property is zoned A-MHO-RFMUD, Rural Agriculture with Mobile Home Overlay and Rural Fringe Mixed Use Overlay Receiving Lands, and is undeveloped and wooded. The site is denoted with arrow and purple color on Future Land Use Map excerpt below. - SENDING U110]S ® NEl7LRAL LANDS - RECEMNG LANDS ARE Ai TREMENi ARE14 DISTRICT uR9aN�uku �mNCE TRANSITION AREA OVERLAY VRBA}J RESIOENTWl SV601: MxEO VSE AC,N{,Y CFNTERSV9 DSMC7 —2— PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Agenda Item 9. Surrounding Lands: North: To the north, across Immokalee Road and the Cocohatchee Canal, lands are designated RFMUD Receiving Lands and the zoning is A-MHO-RFMUO Receiving Lands. These lands contain preserve area, golf course and single family dwellings (part of Twin Eagles), approved for approximately 1 DU/A via TDR credits. East: To the east, across Catawba Street, lands are designated RFMUD Receiving Lands and zoned A-MHO-RFMUO Receiving Lands. There is an undeveloped and wooded parcel abutting Immokalee Road and a portion of a plant nursery business south of that. South: To the south, lands are designated RFMUD Receiving Lands. They are zoned A-MHO- RFMUO Receiving Lands and contain a portion of the plant nursery business to the east. West: To the west, lands are designated RFMUD Receiving Lands and zoned A-MHO-RFMUO Receiving Lands. These lands contain a preserve area and the larger area to the west and southwest is undergoing infrastructure installation for the Brentwood Lakes development (f/k/a Twin Eagles South), approved for approximately 1 DU/A via TDR credits. In summary, the existing and planned land uses, and zoning, in the area surrounding the subject property are primarily single-family residences and agricultural uses. STAFF ANALYSIS Along this segment of Immokalee Road, a six -lane divided arterial, the RFMUD Receiving Lands comprise a 3-mile corridor. It begins one mile east of Collier Blvd. and extends east to Golden Gate Estates. Land uses along this corridor, running west to east, are generally identified below. North Side of Immokalee Road • 1st Mile: A portion of the 2,562-acre Heritage Bay PUD/DRI approved for 3,450 DUs (gross density of 1.35 DU/A), 66 acres/230,000 sq. ft. of commercial development, 200 ALF units, golf courses, 863+ acres of wetlands, and 677 acres of lakes (487 acres are former quarry). The entire PUD/DRI comprises four Sections (±4 square miles); three Sections are designated RFMUD Receiving Lands and one Section is Urban Residential Subdistrict and Mixed -Use Activity Center Subdistrict. The entire PUD/DRI is also within the Urban -Rural Fringe Transition Area Overlay, established in 2003 by a private sector GMP amendment, which allows the density from the Urban Section to be distributed throughout the Overlay. • 211 Mile: Bonita Bay East Golf Course, which includes a significant amount of conservation lands, zoned A-RFMUO Receiving Lands. • 3rd Mile: Twin Eagles Golf & Country Club, a residential golf course development, a portion of which utilizes TDR credits; the gross density is <1 DU/A. The development is zoned A-RFMUO Receiving Lands. South Side of Immokalee Road • 11t Mile: Portion of La Morada residential and golf course development; utilizes TDR credits; gross density is < 1 DU/A. Church on 9.35-acre parcel. Two undeveloped, wooded parcels, ±8 acres and 17.25 acres. Portion of La Morada. Plant nursery on ±17.5 acres. An undeveloped, wooded parcel, +17.25 acres. Site of now -approved GMP amendment and PUD rezone (37 -3- PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Agenda Item 9. acres, Ventana Pointe, 2.05 DU/A). All of these properties are zoned A-RFMUD Receiving Lands. • 2"d Mile: County stormwater management pond on ±7.7 acres. Four undeveloped, wooded parcels, ±18.3 acres, 8.6 acres, ±0.5 acres, ±0.9 acres. Two parcels containing one single family dwelling and a horse training facility (7.25 acres total), and an undeveloped parcel (±18.4 acres), all three of which comprise a portion of a site for which a 2019 pre -application meeting was held for a church conditional use. A church on ±9.1 acres. Three undeveloped, wooded parcels, 3.6 acres, ±2.2 acres, ±1.4 acres. A church on land zoned MPUD (±35 acres), approved for church, school, child care and ALF-assisted living facility. Two undeveloped, wooded, 0.5-acre parcels. A 22-acre public school site, frontage portion recently cleared. Three undeveloped parcels, each between ±1.1 and ±1.2 acres. Except for the one MPUD, all of these lands are zoned A-RFMUD Receiving Lands. • 31 Mile: Brentwood Lakes (f/k/a Twin Eagles South) platted residential subdivision, cleared and infrastructure work underway; utilizes TDR credits. Subject site. (Not fronting Immokalee Road is a landscape maintenance business on ±15.7 acres.) Nine parcels varying in size from ±0.75 to 13 acres - four are undeveloped and wooded, three are in agricultural use, two contain a single-family dwelling unit each. County stormwater management pond on ±5.1 acres. Two parcels are in agricultural use, 1.1 and ±1.4 acres. All of these lands are zoned A-RFMUD Receiving Lands. • In summary, nearly all property on south side of Immokalee Road in this 3-mile corridor of RFMUD Receiving Lands is developed or approved with residential density <1 DU/A or agricultural uses or institutional uses allowed by the RFMUO Receiving Lands zoning overlay. It is acknowledged the site fronts on a six -lane divided road, and has central utilities available. Appropriateness of the Site and the Change: The subject site is located on a 6-lane divided arterial and public utilities are available to serve the project. The RFMUD supports mixed -use development, however to date, new development within the subject Receiving Area has been single family gated communities. The closest commercial zoning is approximately 2'/2 miles east of the site (Randall Blvd./Immokalee Rd. intersection). The RFMUD requires a Wildfire Prevention and Mitigation Plan. This important requirement should apply to the petition and be submitted as part of the companion PUDZ request. RFMUD Restudy White Paper The RFMUD White Paper presents data, analysis and a compilation of public comments. Recommendations include to consider allowing a density up to two DU/A on Receiving Lands outside of a Rural Village using TDRs; allow higher density for affordable housing projects outside of a Rural Village; and, eliminate the TDR requirement for affordable housing. Board direction for RFMUD GMP amendments includes for staff to take into account housing affordability, mobility, economic vitality and environmental protection. This petition addresses some of these considerations and specifically proposes affordable/workforce housing. -4- PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Agenda Item 9. 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. 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. Florida Statutes: 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. -5- PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Agenda Item 9. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. 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. It is incumbent upon the petitioner to provide appropriate and relevant data and analysis to address the statutory requirements for a Plan amendment, then present and defend, as necessary, that data and analysis. Commercial Analysis Commercial Development: Characteristics of the area immediately surrounding the subject property do not reveal a trend toward commercial development. Existing and planned land uses in the area are primarily suburban- and estate -type residences or residential lots in all directions. Generally, commercial development can be categorized as neighborhood commercial, community commercial, regional commercial, or commercial other, based upon size, uses, and population/area served. Based on specific studies and/or demographic data for an area, such as population, income, -6- PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Agenda Item 9. household size, percentage of income spent on retail goods, etc., an analyst is able to estimate supportable commercial square feet for different commercial intensities for that geography by shopping center type. Petitioner's Retail Market Analysis: The firm of Maxwell Hendry Simmons, conducted a Market Study/Needs Analysis, updated to July 08, 2019 independently analyzing market conditions for this petition (Exhibit V.D). This analysis provides context for assessing a specific selection of goods and services' requirements of the emerging population within the market area identified. The petitioner's Analysis provided the following data and analysis: Demographics The Analysis' Demographics section provided an overview of population growth and applied a multiplier to estimate and forecast populations on which to base the remainder of the Analysis. The Analysis identified a 3-mile radial area as its market area for this smaller -size community shopping center. This 3-mile radial area is delineated in this figure, copied from the petitioner's PROJECT LOCATION: Proposed lmmokalee Square � e\ Analysis. The figures are given, MlYetl-use Subd4stdcl estimating an 12,207 population for the market area in 2020, and projecting 14,231 people in 2023. ' IMMO""LEERD Market Area Demand Countywide population figures were then 0 - apportioned to the 3-mile market area to 0 represent any additional commercial_ i .� VANDERBILT BEACH RD- -, demand for this location. Market Area Su Legend The applicant's Needs Analysis o=;'9 o mefG1a1Pafce15 inventoried 730,057 sq. ft. of existing C3V ­ 1&Po ,Ia10o .r­1R 1s commercial development (on 146.65 ac.) - o'm"a""a`�a'a,aa - Maior Roads of developed "competing commercial parcels" located in the market area. GOLDEN GATE BLVD W 0 m 0 3 0 H OIL GOLDEN GATE BLVD E The Needs Analysis inventoried approximately 1,016,215 sq. ft. of undeveloped commercial) on 110.70 acres of undeveloped "competing parcels" located in the market area. The CIGM identifies a supply of 1,746,272 sq. ft. developed and undeveloped commercial space available in the market area. Supply — Demand Analysis —7— PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Agenda Item 9. This section applied a diminishing allocation ratio, allowing the market to properly function in the sale, usage and allocation of land over time. This suggests the growing market area can support the additional commercial uses in this market by 2040. Staff Assessment of Petitioner's Retail Market Analvsis The analysis provided in the Needs Analysis is an objective population -based demand methodology and suspends our reliance on evaluating certain types of businesses to demonstrate need. Not all commercial uses allowed in the General Commercial zoning district - by right and by Conditional Use - were analyzed however, and not all uses analyzed were demonstrated to have supportable demand. The County's CIGM identifies the appropriate commercial floor space in a neighborhood commercial center for an estimated 15,200 population - about the same as projected by the petitioner's Analysis. Additionally, the intensities of the commercial uses themselves, where shown to be appropriately suited to neighborhood commercial centers, and approval of these by the companion Planned Unit Development rezone could be supported. The original commercial intensity proposed is too high; the demand is shared, or nearly duplicated, with two other requests. This reduction in commercial intensity was presented to the petitioner, and they took the opportunity to identify only the uses of neighborhood commercial intensity. The uses proposed by the petitioner to be appropriately suited to "neighborhood commercial" center are: apparel and accessory stores, auto and home supply stores (5K), food stores, hardware stores (5K), home furniture and furnishings stores (51K), household appliance stores (5K), musical instrument stores (51K), paint stores (5K), personal services, miscellaneous (5K), radio, television and consumer electronics stores (51K), veterinary services, excluding outside kenneling, and other uses of limited intensity. ("W' denotes that each user is limited to 5,000 sq. ft. of the principle structure.) Traffic Capacity/Traffic Circulation Impact Analysis, Including Transportation Element Consistency Determination: A Traffic Impact Statement, updated to July 2020, prepared by Trebilcock Consulting Solutions, Inc., was submitted with this petition (Exhibit W.E.3"). It notes that all traffic accessing the property comes from Immokalee Road (35% to/from the east; 65% to/from the west). Collier County Transportation Planning staff reviewed this petition and had no objection to its approval, finding it consistent with Transportation Element Policy 5.1. Environmental Impacts: An Environmental Data Report, updated to March 2019, prepared by Passarella & Associates, Inc., was submitted with this petition (Exhibit V.C.1). Environmental specialists with County Development Review Division, Environmental Planning Section, reviewed these documents and provided the following comments: The 24.4-acre subject property identified no listed species or their sign. A search of wildlife agencies databases found no occurrences for listed species. The site is located within the USFWS Panther Secondary Zone and Focus Area. It is located within the core foraging area of two wood stork colonies, but is not located in the vicinity of any active Red cockaded woodpecker (RCW) colonies or bald eagle nests. There is potential for Big Cypress fox squirrels to utilize the site. -8- PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Agenda Item 9. The levels of protections granted to these animals, along with their habitat found on property, affects the potential for development. The habitats within the two on -site preserve areas will be enhanced through exotic removal and protected by placement under a recorded conservation easement. There is also potential for Black Bear to utilize the site. Commitments must be made part of the companion PUD to distribute the "A Guide to Living in Bear Country" to future commercial business owners and residential homeowners, as well as to construction/maintenance personnel, and utilize bear -proof dumpsters. The 6.10-acre native vegetation preservation areas on site will be retained in accordance with the requirements of Section 3.04.00 of the LDC. Public Facilities Impacts: A Public Facilities Report, updated to April 4, 2020 (Exhibit V.E.1), was submitted with this petition and concluded there is adequate capacity of public infrastructure to serve the proposed project - potable water, wastewater collection and treatment, solid waste collection and disposal, stormwater management, parks and recreational facilities, public schools, and emergency medical (EMS) and fire rescue services. Appropriate staff reviewed this petition and identified no issues or concerns regarding impacts upon public infrastructure. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS The application team held a Neighborhood Information Meeting (NIM) in the New Hope Ministries - Lecture Hall, 7675 Davis Blvd. Naples on August 6, 2020, at 5:30 p.m. as required by Section 10.03.05 F. of the LDC. This NIM was advertised, noticed and held jointly for this GMP amendment petition and companion PUD rezone petition [which is not under formal consideration with this GMPA transmittal hearing]; the companion PUD is expected to be heard at the GMPA adoption hearing. Two representatives from the application team were present, along with 2 County staff representatives by remote, Zoom connection. No one from the public attended, ether in -person or using the virtual connection offered. The NIM was ended at approximately 5:45 p.m. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONCLUSIONS • The subject site and surrounding lands are designated Rural Fringe Mixed Use District (RFMUD) Receiving Lands; the Urban designated area is ±2.4 miles to the west. • The RFMUD promotes mixed -uses and housing affordability. • This petition proposes to allow 129 dwelling units (5.29 DU/A) with the net effect being an increase of 125 DUs and is subject to approval of an affordable workforce housing agreement, companion to the rezone petition. • This petition proposes 44,400 sq. ft. of neighborhood commercial uses. • The RFMUD White Paper recommends higher density for affordable housing projects outside of a Rural Village. -9- PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Agenda Item 9. • This petition also recognizes a daycare use with maximums of 250 children and 12,000 square feet (sq. ft.) of floor space, which is allowed under the existing FLUM designation and zoning by conditional use. • Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum density of 1 DU/5 Acres (0.2 DU/A) - or up to 1 DU/A via use of TDRs if >40 acres in size; agricultural uses; essential services; institutional uses by conditional use (e.g. day care center, ALF, church). • The subject site fronts Immokalee Road (CR 846), a 6-lane divided arterial road, and County water and wastewater service is available to the site. • There are no issues or concerns regarding levels of service impacts upon public infrastructure, • The applicant is required to work with the Florida Forest Service and the Managers of any adjacent or nearby public lands to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. Applicable elements of this plan must be incorporated into the companion PUD. • Commitments must be made part of the companion PUD to distribute the "A Guide to Living in Bear Country" to future commercial business owners and residential homeowners, as well as to construction/maintenance personnel, and utilize bear -proof dumpsters. • Community and Human Services staff are supportive of the affordable housing component of this petition, as it is generally consistent with Board direction to implement the Community Housing Plan. • This petition does not propose the use of TDRs for the density increase, and therefore does not further the RFMUD goal of protecting natural resources in Sending Lands. The RFMUD White Paper recommendations include the elimination of TDRs for affordable housing. LEGAL CONSIDERATIONS: This Staff Report was reviewed by the County Attorney's Office on November 4, 2020. 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 TO THE COLLIER COUNTY PLANNING COMMISSION: Based on the analyses provided within this report, staff recommends that the County Planning Commission forward Petition CP-2019-1 /PL20180002233, to the Board of County Commissioners with a recommendation to approve as follows for transmittal to the Florida Department of Economic Opportunity and other statutorily required agencies. -10- PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Agenda Item 9. Note: Words underlined are added, words struck through are deleted — as proposed by petitioner; words double underlined are added, words double struck through are deleted — as proposed by staff. Italicized text within brackets is explanatory only — not to be adopted. I. IMPLEMENTATION STRATEGY [Page 9] GOALS, OBJECTIVES AND POLICIES *** *** *** *** text break *** *** *** *** Policy 1.9: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. NC Square Mixed -Use Overlay D. Natural Resource Protection Area Overlays E. Rural Lands Stewardship Area Overlay F. Airport Noise Area Overlay G. Bayshore/Gateway Triangle Redevelopment Overlay H. Urban -Rural Fringe Transition Zone Overlay I. Coastal High Hazard Area Boundary J. Incorporated Areas *** *** *** *** text break *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES [Page 97] A. Area of Critical State Concern *** *** *** *** text break *** *** *** *** B. North Belle Meade Overlay *** *** *** *** text break *** *** *** *** C. NC Square Mixed -Use Overlay This Overlay. comorisina aooroximately 24.4 acres. is located at the southwest corner of Immokalee Road and Catawba Street, in Section 29, Township 48 South, Range 27 East. The purpose of this Overlay is to allow a maximum of 129 residential units, a daycare center and allow neighborhood commercial uses to serve surrounding residential areas and passerby -traffic. This Overlay shall be subject to all Rural Fringe Mixed Use District Receiving Lands provisions, except as provided for herein. Development in this Overlay shall comply with the following requirements and limitations: - 11 - PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Agenda Item 9. a. Rezoning shall be in the form of a PUD, Planned Unit Development. b. This Overlay shall be limited to a maximum gross leasable floor area of 44,400 square feet for commercial uses provided in the implementing PUD ordinance, and a maximum 12,000 square feet daycare center limited to 250 students. c. This Overlay shall be limited to a maximum of 129 residential units through an Affordable Housing Density Bonus Agreement between the Owner and Collier County. The implementing PUD shall include provisions to: 1. Establish a minimum number of dwelling units to be built. 2. Establish a minimum square foot of commercial uses to be built. 3. Address compatibility with surrounding properties. 4. Establish a common theme for architecture, signage and landscaping. 5. Provide pedestrian connectivity throughout the project. 6: Establish permitted and accessory uses, and development standards to those C-1. Commercial Professional and General Office District. through C-3. Commercial Intermediate District, uses appropriately suited to "neighborhood commercial" center. including Accounting (8721); Advertising agencies (7311); Amusement and recreation services, indoor (7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving Physical fitness exercise only); Animal specialty services, except veterinary (0752, excluding outside kenneling); Apparel and accessory stores (5611-5699) with 5,000 square feet or less of gross floor area in the principal structure; Auditing (8721); Auto and home supply stores (5531) with 5,000 square feet or less of gross floor area in the principal structure; Banks, credit unions and trusts (6011-6099); Barber shops (7241, except for barber schools); Beauty shops (7231, except for beauty schools); Bookkeeping services (8721); Business associations (8611); Business consulting services (8748); Business credit institutions (6153-6159); Business services — miscellaneous (7389, except auctioneerinq service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories -telephone, drive -away automobile, exhibits -building, filling pressure containers, field warehousing, fire extinguisher, floats -decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers); Child day care services (8351); Credit reporting services (7323); Direct mail advertising services (7331); Drug stores (5912); Eating places (5812 only) with 6,000 square feet or less in gross floor area in the principal structure. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to locational requirements of section 5.05.01; Essential services, subject to section 2.01.03; Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411-5499); Health services (8071, 8092, and 8099); Garment pressing, and agents for laundries and drycleaners (7212); General merchandise stores (5331-5399) with 5,000 square feet or less of gross floor area in the principal —12— PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Agenda Item 9. structure; Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure; Health services, offices and clinics (8011-8049); Home furniture and furnishings stores (5712-5719) with 5,000 square feet or less of gross floor area in the principal structure; Home health care services (8082); Household appliance stores (5722) with 5,000 square feet or less of gross floor area in the principal structure; Insurance carriers, agents and brokers (6311-6399, 6411); Laundries and drycleaning, coin operated — self service (7215); ; Loan brokers (6163); Management services (8741 and 8742); Membership organizations, miscellaneous (8699); Mortgage bankers and loan correspondents (6162); Musical instrument stores (5736) with 5,000 square feet or less of gross floor area in the principal structure; Paint stores (5231) with 5,000 square feet or less of gross floor area in the principal structure; Personal credit institutions (6141); Personal services, miscellaneous (7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only) with 5,000 square feet or less of gross floor area in the principal structure; Personnel supply services (7361 and 7363); Photographic studios, portrait (7221); Physical fitness facilities (7991; 7911, except discotheques); Political organizations (8651); Public relations services (8743); Radio, television and consumer electronics stores (5731) with 5,000 square feet or less of gross floor area in the principal structure; Real Estate (6531-6552); Repair services - miscellaneous (7629-7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only); Retail nurseries, lawn and garden supply stores (5261) with 5,000 square feet or less of gross floor area in the principal structure; Retail services - miscellaneous (5921-5963 except pawnshops and building materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths) with 5,000 square feet or less of gross floor area in the principal structure; Shoe repair shops and shoeshine parlors (7251); Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only); Tax return preparation services (7291); Veterinary services (0742, excluding outdoor kenneling); and. Vocational schools (8243-8299). —13— PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Agenda Item 9. [These were discussed at previous CCPC hearing. Comparable use language goes in the PUD, not the GMP, and some provisions will not be applicable.] Accessory Uses, including uses and structures that are accessory and incidental to the uses permitted as of right in the C-3 district; Caretaker's residence, subject to (LDC) section 5.03.05: Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to (LDC) section 4.02.12., and subject to gross floor area limitations without exceptions. The rezone Ordinance shall further refine the permitted uses to insure compatibility with surrounding properties. 7. Prohibit stand-alone drive -through restaurants. 8. Develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires and incorporate the applicable elements of this plan into the companion PUD. 9. Distribute the "A Guide to Living in Bear Country" to future commercial business owners and residential homeowners, as well as to construction/maintenance personnel, and utilize bear - proof dumpsters. *** *** *** *** text break *** *** *** *** FUTURE LAND USE MAP SERIES Future Land Use Map Activity Center Index Map Mixed Use & Interchange Activity Center Maps *** *** *** *** text break *** *** *** *** East Tamiami Trail Commercial Infill Subdistrict Map Seed to Table Commercial Subdistrict Map NC Sauare Mixed -Use Overlav Ma -14- PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE [Page 147] Agenda Item 9. Staff provides the following reminder: This GMP amendment follows the Expedited State Review process. Chapter 163.3184 (3)(c)1, Florida Statutes, provides that the County Board (local governing body) shall hold its Adoption (second public) hearing within 180 days after receipt of agency comments, unless extended by agreement with notice to the DEO (state land planning agency) and any affected person that provided comments on the amendment. Petition Number: PL20180002233/CP-2019-1 Staff Report for the November 19, 2020 CCPC meeting NOTE: This petition has been tentatively scheduled for the January 12, 2021 BCC meeting. \\Bcc.colliergov.net\data\GMD-LDS\Development Review\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2019 Cycles and Smalls\2019 Cycle 1 - Feb\CP-2019-1 ImmNCSquare\CP-19-1 NC Sq Overlay trnsmttl stff rprt_04Nov2020 FNL.docx —15— PL20180002233 / CP-2019-1 NC Square Mixed Use Overlay in the Rural Fringe Mixed Use District - FLUE Coibe' r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.xov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi -Judicial Public Hearing Waiver Emergency/Executive Order 2020-04 Hearing of the Collier County Planning Commission and Board of County Commissioners For Petition Number(s): GMPA-PL20180002233/CP-2019-1 (NC Square Mixed Use Overlay) LLC Regarding the above subject petition number(s), Immokalee Square, (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the Collier County Planning Commission and Board of County Commissioners, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: Antonio Brown, Manager, Immokalee Square, LLC Signature*: ✓❑ Applicant ❑ Legal Counsel to Applicant Date: C �p -z' Z U * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. (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 must 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 POSTINGNOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED JESSICA HARRELSON, AICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.000F THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER GMPA- PL20180002233/ CP-2019-1. SI RE OF A P ICANT OR AGENT Jessica Harrelson, AICP, Senior Planner, Davidson Engineering, Inc. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER 4365 Radio Road, Suite 201 STREET OR P.O. BOX Naples, FL 34104 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 6th day of January, 2021, by Jessica Harrelson, AICP, who is personally known to me and who did take an oath. 46&c a-- ,�� roca►+asn . € MrsaNtoc�esn r'= EXIM&J*7.2W My Commission Expires: (Stamp with serial number) Signature of NotaryPublic Tocia Hamlin Rosa Printed Name of Notary Public NC Square Mixed Use Overlay GMPA-PL20180002233/ CP-2019-1 1. 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NP"s°s•fi �ac�.�"a^: m Q.n.9 q,c" swERRYw3 cl — — - _ jj n€s c a eeffa�to.� N� c sm �` pi°a y �� w� n w 5 p3 = U LL1 Y`m �g�a5y ey way+�_s�e�ay B� o N O a: 4fl g; 6'. ��n a„ �wp°� z n �; gpg=jLLs m6 ".a� tes�sap`;g 'A E a w�.°p$:a€s a €.:aee€�=er ¢gowa s w o to.¢8 m # o�ogo ado �I171 j II III o rN 1J1 Z a U 51t ' I - I I: ,I, ,'I • § I � I \\\\\\ it I I,I III it ' I ^ ' I \ ____/ _____ � II • I I II 17 I I _JJI � _J ' I I ' I III II} I',., J' Public Notices Public Notices NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on January 12, 2021, in the .Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., The Board of County Commissioners (BCC) will consid- er the enactment of a county Resolution. The meeting will com- mence at 9_00 A.M. The title of the proposed resolution is as fol- lows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFI- CALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES TO CREATE THE NC SQUARE MIXED -USE OVERLAY ON LAND IN THE AGRICULTURAURURAL DESIGNATION AND RURAL FRINGE MIXED USE DISTRICT -RECEIVING LANDS OVERLAY TO ALLOW UP TO 44,400 SQUARE FEET OF COMMERCIAL USES, A 12,000 SQUARE FOOT DAYCARE LIMITED TO 250 STUDENTS, AND A MAXIMUM OF 129 RESIDENTIAL DWELLING UNITS AND FURTHERMOREDIRECTING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 24.4t. ACRES AND LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD AND CATAWBA STREET APPROXIMATELY 1.6 MILES WEST OF WILSON BOULE- VARD IN SECTION 29, TOWNSHIP 48' SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20180002233] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limit- ed to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or or- ganization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In, any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- son,.during this proceeding. Individuals who would like to par- ticipate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meet- ing through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For addition- al information about the meetingplease call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommoda- tion in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County -Facilities Management Division, locat- ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL) k�' R. Pub Date: Dec 23, 2020 #4502435 v r Z In X. An