In mid-October, a vocal leader for an opposition group threatened to sue if Collier County commissioners approved a Costco in the Hacienda Lakes neighborhood.
The warning came during the final public hearings on the proposed project, but it didn’t stop commissioners from approving it.
Commissioners voted unanimously in favor of the new warehouse club on Oct. 14, paving the way for a second Costco to be built in the county, east of Naples.
Since the approval, leaders of the opposition group have reached a compromise that will stave off a lawsuit.
Frank Cipolla, a leader in the fight against Costco, announced an “agreement in principle” to the media in an email last week, sharing the details. He’s the one who threatened to sue the county and to take the matter to a “good judge” to rule on the opposition’s complaint if commissioners greenlighted the members-only wholesale club and gas station.
In the announcement, Cipolla, a resident of Esplanade at Hacienda Lakes, shared that two residents of the community with expertise in land use began negotiations with the retailer in early November that will result in the Costco being “constructed and operated in harmony with the local community.”
“This agreement avoids a long drawn out and expensive legal battle on both sides,” he said. “When presented with the opportunity to talk first, before heading to court, we agreed. Both sides made contact and after lengthy talks agreed to additional safety, traffic and monetary concessions that will benefit all and hopefully make our corner safer than what was originally proposed.”
Brad Wester, a representative for Costco, could not be immediately reached for comment about the compromise.
The project, which will be built at the southeast corner of Rattlesnake Hammock Road and Collier Boulevard, faced strong opposition from the start.
In February, a neighborhood meeting attracted about 300 residents, with many expressing concerns about Costco’s potential impacts on their lives and property values. Contentious public hearings followed – first before the Collier County Planning Commission, then before the county commission.
Both at the planning commission and county commission meetings, Cipolla threatened to file a lawsuit over the project if approved by the county, saying the core opposition group was willing and able to pursue legal action in an effort to stop it.
After announcing the compromise, Cipolla told the Daily News that he wasn’t bluffing about the lawsuit.
“The ultimate goal was to stop this Costco from being built, but we are now satisfied that we can coexist,” he said.
According to Cipolla, Costco has agreed to provide:
Additionally, Costco has agreed to retain the brick sign for Hacienda Lakes and the native vegetation behind it, to donate $35,000 to the Esplanade community for community improvements, and to make it easier for Esplanade residents to access Rattlesnake Road, so they can avoid Collier Boulevard altogether, Cipolla said.
Not all neighbors opposed the Costco, although the majority who spoke at the public hearings did.
While some opponents might have rather seen a lawsuit filed to try to stop the project, Cipolla said “most of the feedback so far has been positive” from residents about avoiding legal action and eking out compromises.
“We had every intention of suing Costco, but I think after they reached out to us, members of our group courageously began negotiations to reach an agreement in which we could all coexist. Again, we had every intention of suing,” he said.
The chosen site is within the Hacienda Lakes Planned Unit Development (PUD). It spans nearly 26 acres.
Costco asked for an insubstantial change to the PUD, and a waiver to get around the county’s separation requirements for gas stations. Separate votes were required by county commissioners on the land use petitions.
County staff and the county’s planning commission both recommended in favor of the project, finding the site suitable for a Costco. It was already zoned for commercial uses.
The most recent site plan submitted to the county shows a more than 162,700-square-foot store, with 816 parking spaces, and a free-standing fueling station, with 12 pumps (which could serve two vehicles — or 24 — at a time). The plan is still under review by county staff, with a host of corrections and revisions requested in early November, which need to be addressed and resolved before the project can move forward.
After the county commission’s approval of the project, Costco closed on the site, which it had under contract. County records show the retailer paid $19,387,500 for the property on Oct. 21.
The county itself has not been involved in the after-the-fact negotiations between Costco and the homeowners.
“Collier County is aware that there have been conversations between the two groups. Agreements between the two parties are private agreements – not enforceable by Collier County. Also, keep in mind that material changes to a county-maintained roadway would require county input, such as permits,” said Connie Deane, a community liaison for the county.
The county’s only Costco, off Naples Boulevard, north of Pine Ridge Road and west of Airport-Pulling Road, opened in 1999.
Laura Layden is a senior business and government reporter. She can be reached by email at laura.layden@naplesnews.com.
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This article originally appeared on Marco Eagle: Opposition group reaches deal with Costco over South Naples store
Reporting by Laura Layden, Naples Daily News / Marco Eagle
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