Agenda 03/24/2020 Item #17F (Resolution - Petition PL20180003276)03/24/2020
EXECUTIVE SUMMARY
This item requires ex parte disclosure be provided by the Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to adopt a
Resolution of the Board of Zoning Appeals of Collier County, Florida, granting a parking
exemption under Land Development Code Section 4.05.02.K.3 to allow off-site parking for a fast-
food restaurant on a contiguous lot zoned Residential-Single-Family-5 (RSF-5). The subject
property is located on the southeast corner of Immokalee Drive and State Road 29 in Immokalee, in
Section 4, Township 47 South, Range 29 East, Collier County, Florida (PL20180003276)
OBJECTIVE: To have the Board of County Commissioners as the Board of Zoning Appeals (Board)
review staff’s findings and recommendations along with the recommendations of the Collier County
Planning Commission (CCPC) regarding the above referenced petition, render a decision regarding this
rezoning petition, and ensure the project is in harmony with all the applicable codes and regulations in
order to ensure that the community's interests are maintained.
CONSIDERATIONS: The applicant, MTMC, Inc. is working together with McDonalds Corporation to
redevelop the existing McDonalds restaurant located at the SE corner of SR 29/N 15th Street and
Immokalee Drive (Parcel ID Numbers 121760009 and 121720007). The principle of MTMC, Inc. is the
franchise/operator of the existing McDonalds restaurant. With the consent of McDonalds Corporation,
MTMC, Inc. has requested a Parking Exemption for a proposed off-site parking lot on two contiguous
residentially zoned property, known as 1415 Immokalee Drive (Parcel ID Numbers 121680008 and
127655105). The properties subject to this Parking Exemption request are currently vacant and are
primarily zoned RSF-5; the western 50’ +/- of the parcels and the existing McDonalds are within the
General Commercial (C-4) zoning district and the State Road 29 Commercial Overlay Subdistrict
(SR29COSD).
As illustrated on the Parking Exemption Conceptual Site Plan, the redeveloped site will be located on the
combination of these four parcels totaling 1.87-acres. The new McDonalds restaurant will continue to be
located on the commercially zoned property. The residentially zoned portion of the combined property
will be used for parking (17 spaces), stormwater management, and landscaped buffers. The parking area
will be approximately 10’ to the residential property to the south and 100’ to the residential property to
the east. The Parking Exemption Conceptual Site Plan has been included as Attachment B.
Additionally, Section 5.03.02 H of the Land Development Code (LDC) requires the applicant to construct
a concrete or masonry fence or wall on the (commercial property) to screen it from the adjacent
residential use. The applicant submitted an Administrative Fence Waiver application and was approved a
deviation from the wall requirement (AFW-PL20190002345). (See Attachment C)
FISCAL IMPACT: The parking exemption by and of itself will have no fiscal impact on Collier
County. There is no guarantee that the project, at build-out, will maximize its authorized level of
development. However, if the parking exemption is approved, a portion of the land could be developed,
and the new development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the
impacts of each new development on public facilities. These impact fees are used to fund projects
identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the
adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of
concurrency management, the developer of every local development order approved by Collier County is
required to pay a portion of the estimated Transportation Impact Fees associated with the project in
accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected
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prior to issuance of a building permit include building permit review fees. Please note that impact fees
and taxes collected were not included in the criteria used by staff and the Planning Commission to
analyze this petition.
GROWTH MANAGEMENT IMPACT: The subject property for the requested parking exemption is
in the Urban Residential Subdistrict land use classification on the County’s Future Land Use Map
(FLUM). It is also located within the Commercial Subdistrict, Low-Density Residential Subdistrict, and is
also located within the Urban Infill Overlay as shown on the Immokalee Area Master Plan. These land -
use categories are designed to accommodate a variety of uses. Future Land Use Element (FLUE) Policy
5.4 requires new developments to be compatible with the surrounding land area. The GMP does not
address parking exemption requests and the Comprehensive Planning Section leaves this determination to
the Zoning Section as part of the LDC review and analysis per Section 4.05.02 K.3.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
heard petition PE-PL20180003276 on February 25, 2020 and by a vote of 7 to 0 recommended to forward
this petition to the Board of Zoning Appeals with a recommendation of approval subject to staff’s
conditions of approval and the following changes:
1. The Parking Exemption area is limited to improvements shown on the attached
Conceptual Site Plan; and
2. The parking within the Parking Exemption area will be only paved surface parking; and
3. No trash containers or enclosures shall be permitted in the Parking Exemption area.
4. The enhanced buffers along the eastern and southeastern perimeters abutting residentially
zoned lands shall be landscaped as follows:
- 7 Canopy trees and a 5-foot-high double row hedge on the southeastern
perimeter.
- 12 Canopy trees and a 5-foot-high double row hedge on the eastern perimeter.
LEGAL CONSIDERATIONS: Petitioner is requesting a Parking Exemption under LDC §4.05.02.K.3.
The attached staff report and recommendations of the Planning Commission are advisory only and are not
binding on you. Decisions regarding Parking Exemptions are quasi-judicial. As such this item requires ex
parte disclosure, and all testimony given must be under oath. The Petitioner has the burden to prove that
the proposed Parking Exemption is consistent with all the criteria set forth below, and you may question
Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied in LDC §4.05.02.K.3.
Should you consider denying the Parking Exemption, to assure that your decision is not later found to be
arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence
that the proposal does not meet one or more of the listed criteria below. Approval of this request requires
three affirmative votes of the Board (majority vote).
Criteria for Parking Exemptions
1. Whether the amount of off-site parking is required by sections 4.05.04 G. and 4.05.09, or is in
excess of these requirements.
2. The distance of the farthest parking space from the facility to be served.
3. Pedestrian safety if the lots are separated by a collector or arterial roadway.
4. Pedestrian and vehicular safety.
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5. The character and quality of the neighborhood and the future development of surrounding
properties.
6. Potential parking problems for neighboring properties.
7. Whether the internal traffic flow is required to leave the site to reach the proposed off-site
parking.
8. Whether vehicular access shall be from or onto residential streets.
9. Whether buffers adjacent to the property zoned residential are 15 feet in width and include a
wall in addition to required landscaping.
10. Whether the off-site parking area will be used for valet parking.
11. Whether the off-site parking area will be used for employee parking.
12. Whether there are more viable alternatives available.
This item has been approved as to form and legality, and requires a majority vote for Board
approval.- SAA
RECOMMENDATION: The Zoning Division staff concurs with the recommendation of the CCPC,
which is reflected in the attached Resolution, and recommends that the Collier County Board of Zoning
Appeals approve the applicant’s request for a Parking Exemption.
Prepared by: Timothy Finn, AICP, Principal Planner, Zoning Division.
ATTACHMENT(S)
1. Staff Report Immokalee McDonalds (PDF)
2. Attachment A - Resolution - 020520(2) (PDF)
3. Attachment B - Conceptual Site Plan (PDF)
4. [Linked] Attachment C - Application and back up materials (PDF)
5. Legal Ad - Agenda ID 11204 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.F
Doc ID: 11204
Item Summary: This item requires ex parte disclosure be provided by the Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to
adopt a Resolution of the Board of Zoning Appeals of Collier County, Florida, granting a parking
exemption under Land Development Code Section 4.05.02.K.3 to allow off-site parking for a fast-food
restaurant on a contiguous lot zoned Residential-Single-Family-5 (RSF-5). The subject property is located
on the southeast corner of Immokalee Drive and State Road 29 in Immokalee, in Section 4, Township 47
South, Range 29 East, Collier County, Florida (PL20180003276)
Meeting Date: 03/24/2020
Prepared by:
Title: – Zoning
Name: Tim Finn
02/21/2020 1:24 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
02/21/2020 1:24 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 02/25/2020 12:01 PM
Zoning Ray Bellows Additional Reviewer Completed 02/25/2020 4:15 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/25/2020 6:09 PM
Growth Management Department James C French Deputy Department Head Review Completed 02/27/2020 1:52 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 03/02/2020 4:26 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/02/2020 4:40 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/03/2020 8:00 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/11/2020 8:02 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/14/2020 3:03 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM
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C-ovmty
TO:
FROM:
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
ZONING DIVISION - ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: FEBRUARY 20.2020
SUBJECT:PE-PL2O 1 8OOO327 6 PARKING EXEMPTION:
IMMOKALEE McDONALD,S
PROPERTY O ENT:
Owner/Applicant:
MTMC,Inc.
1855 Veterans Park Dr, Suite 203
Naples, FL 34109
Agent:
Clay C. Brooker
Cheffu Passidomo, PA
821 Fifth Avenue, South
Naples, FL 34102
REOUESTED ACTION:
The applicant seeks approval for a Parking Exemption Application (PE) to allow for off-site
parking on an abutting and contiguous parcel zoned RSF-5, Residential Single-Family, located
directly east of the McDonald's property. The McDonald's, located at 420 N 15th Street, is
undergoing a major renovation (associated SDPA, PL20180003077) and is seeking to extend the
surface parking lot onto the adjacent properfy, which has split zoning of C-4ISR29COSD and RSF-
5. The parking is considered off-site because of the underlying residential zoning designation;
however, the project area is one contiguous site and will be developed as a single project.
GEOGRAPHIC LOCATION:
The subject property is a residentially zoned lot and is located on the south side of Immokalee
Drive, east of North 15th Street, Section 4, Township 47 South, Range 29 East of Collier County,
Florida (see location map, page 2).
PE-P1201 80003276, lmmokalee McDonalds
Revised: February 7, 2020
Page 'l of 10
AGENDA ITEM 9.A.2
17.F.1
Packet Pg. 1717 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption)
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Page 2 of 1017.F.1Packet Pg. 1718Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption)
PURPOSE/DESCRIP TION OF PROJECT:
The applicant, MTMC, Inc. is working together with McDonalds Corporation to redevelop the
existing McDonalds restaurant located at the SE comer of SR 29Ai 15th Street and Immokalee
Drive (Parcel ID Numbers 121760009 and 121720007). The principle of MTMC, Inc. is the
franchise/operator of the existing McDonalds restaurant. With the consent of McDonalds
Corporation. MTMC, Inc. has requested a Parking Exemption for a proposed off-site parking lot
on two contiguous residentially zoned property, known as 1415 Immokalee Drive (Parcel ID
Numbers 121680008 and 127655105). The properties subject to this Parking Exemption request
are currently vacant and are primarily zoned RSF-5; the western 50' +l- of the parcels and the
existing McDonalds are within the General Commercial (C-a) zoning district and the State Road
29 C ommercial Overlay Subdi strict (SR2 9CO SD).
As illustrated on the Parking Exemption Conceptual Site Plan, the redeveloped site will be located
on the combination of these four parcels totaling 1.87-acres. The new McDonalds restaurant will
continue to be located on the commercially zoned property. The residentially zoned portion of the
combined property will be used for parking (17 spaces), stormwater management, and landscaped
buffers. The parking area will be approximately l0' to the residential property to the south and
100' to the residential property to the east. The Parking Exemption Conceptual Site Plan has been
included as Attachment B.
Additionally, Section 5.03.02 H of the Land Development Code (LDC) requires the applicant to
construct a concrete or masonry fence or wall on the (commercial property) to screen it from the
adjacent residential use. The applicant submitted an Administrative Fence Waiver application and
was approved a deviation from the wall requirement (AFW-PL20190002345). (See Attachment
c)
SURROUNDING LAND USE AND ZONING:
North:
South:
East:
West:
PE-PL20 1 8000327 6, lmmokalee McDonalds
Revised: February 7, 2020
Walgreens and single-family residential, zoned C-4ISR29COSD and RSF-5
Vacant, zoned C-4/SR29COSD and RSF-5
Vacant, zoned RSF-5
Mobile home park, zoned MH (opposite side of SR29A.{orth 15'h S0
Page 3 of 10
17.F.1
Packet Pg. 1719 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption)
Aerial Map
GROWTH MAN AGEMENT PLAN (GMP) CONSISTENCY:
The subject property for the requested PE is in the Urban Residential Subdistrict land use
classification on the County's Future Land Use Map (FLUM). It is also located within the
Commercial Subdistrict, Low-Density Residential Subdistrict, and is also located within the Urban
Infill Overlay as shown on the Immokalee Area Master Plan. These land-use categories are
designed to accommodate a variety of uses. Future Land Use Element (FLUE) Policy 5.4 requires
new developments to be compatible with the surrounding land area. The GMP does not address
parking exemption requests and the Comprehensive Planning Section leaves this determination to
the Zoning Section as part of the LDC review and analysis per Section 4.05.02 K.3.
PE-PL20 1 8000327 6, I mmokalee McDonalds
Revised: February 7, 2020
McDonalds Rodevdopmflt Site
Parkif,g Exerplion Area
Page 4 of 10
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17.F.1
Packet Pg. 1720 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption)
STAFF ANALYSIS:
ZoningReview: In accordance with Section 4.05.02K3.a.(2) of the LDC, an applicant may seek
a parking exemption when off-site parking is requested for land not zoned for commercial use.
The Zoning Division has completed a review of parking exemption criteria from Section 4.05.02
K.3.b. of the LDC for consideration by the Planning Commission and Board of ZorungAppeals
for a potential determination, and responses to each criterion are below:
(I) Whether the amount of off-site parking is required by sections 4.05.04 G. and 4.05.09,
or k in excess of these requirements.
The additional 17 parking spaces within the residentially zoned portions of the site are necessary
to meet the minimum parking requirements of Section 4.05.04 G. and 4.05.09. Per the companion
SDPA application (PL20180003077),the 5,206 square foot/100 seat restaurant requires 6l parking
spaces, and the development is proposing 61 parking spaces.
(2) The distance of the forthest parktng space from the facility to be served.
The concept plan provided by the applicant (see Attachment A) clearly details the spatial
dimensions of the proposed parking exemption area and the concept building. The furthest parking
space to the building is approximately 175 feet to the nearest entrance of the proposed building.
The applicant has proposed a reasonable maximum distance from the building to the farthest
parking space.
(3) Pedestrian safety if the lots are separated by o collector or arterial roadway.
The proposed parking exemption area is not separated by a collector or arterial roadway. All
pedestrian traffic from the parking spaces to the building are within the subject property without
the need to cross any public or private right-of-way.
(4) Pedestrian and vehicular safety.
Based on the proposed design of the parking area by the applicant, there does not appear to be any
pedestrian or vehicular safety issues. The conceptual site plan shows internal sidewalks. It should
be noted that pavement markings outlining pedestrian walkways may be stipulated to site
development permitting.
(s)The character and quality of the neighborhood and the future development of
s urro unding prop erties.
The Zoning Division does not believe that the proposed parking exemption would negatively affect
the character and quality of the neighborhood. It does not appear that the future development of
surrounding properties would be negatively affected. A 15-foot Type B is proposed along the
residential property boundaries to the south and east.
PE-P1201 80003276, lmmokalee McDonalds
Revised: February 7, 2020
Page 5 of 10
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Packet Pg. 1721 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption)
(6) Potential parking problemsfor neighboring properties.
The proposed parking exemption does not appear to present potential parking problems for
neighboring residential properties. As it relates to parking availability only, the proposed concept
plan appears to ameliorate the existing conditions and provide more parking at the project location
site.
(7) Whether the internal trofficflow is required to leove the site to reach the proposed
offsite parking.
The project does not require vehicles to leave the commercial site to reach the proposed off-site
parking. The off-site parking area is contiguous to the commercial development; all parking is
located internal to the development project, which is accessible to vehicular traffic from
SR29A{orth i5th Street and Immokalee Drive.
(8) Whether vehicular access shall befrom or onto residential streets.
None of the proposed access to the parking exemption area is or onto residential streets. Access to
the parking exemption area is through the existing commercial site. Access points are limited to
SR29A'{orth 15th Street, which is a commercial corridor and Immokalee Drive. Immokalee Drive
is a local road that serves both commercial and residential uses; however, the access point from
Immokalee drive is within the commercially zoned portion of the property.
(9) Whether buffers adjacent to the property zoned residential are 15 feet in width and
include a wall in addition to required landscaping.
The proposed concept development plan shows a l5-foot Type B buffer for the residential
properties to the south and east. The applicant proposes to reduce the southern 15-foot wide buffer
to l0-feet as allowed by LDC Section 4.06.02 D.4. for approximately 30' and provide
compensating area along the same buffer. Section 5.03.02 H.1 of the LDC requires nonresidential
uses to provide a six-foot tall concrete or masoffy wall or fence when adjacent to residential zoning
districts. The applicant submitted and received approval for an Administrative Fence Waiver
(AFW-PL20190002345) to provide an enhanced landscape buffer in lieu of constructing the wall.
A copy of the AFW is included in Attachment C, Backup Material.
(10) lYhether the off-site parking area will be usedfor valet parking.
f'he off-site parking will not be used for valet parking.
(11) Whether the off-site parking area will be used for employee parking.
The applicant has indicated that the off-site parking exemption area will primarily be used for
employees.
PE-P1201 8000327 6, I mmokalee McDonalds
Revised: February 7, 2020
Page 6 of 10
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Packet Pg. 1722 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption)
(12) ll'hether there are more viable alternatives available.
The Zoning Division finds that the proposed parking exemption site configuration is the best
altemative for the proposed parking area.
Section a.05.02(3)(c); Off-street parking areas must be accessible from a street, alley or other
public right-of-way and all off-street parkingfacilities must be so aruanged that no motor vehicle
shall have to back onto any street, excluding single-family and two-family residential dwellings
and churches opproved under section 2.3.16.
In accordance with LDC requirements, the parking lot has been designed so that motor vehicles
would not be required to back into any abutting public right-of-way.
The parking calculations table provided on the companion Site Development Plan Amendment
(PL20180003077) indicates that the proposed McDonald's redevelopment meets the required
number of parking spaces per Sections 4.05.04, 4.05.06, and4.05.07 of the LDC.
PARKING INFORMATION:
PARKING REQUIRED
USE TYPE:
-t
spAcE pER 70 sF FoR puBLrc usE AREAS TNCLUDTNG ourDooR EATTNG AREAS,
OR
1 PER 2 SEATS, WHICHEVER IS GREATER,
AND
1 PER 2OO SF FOR NON PUBLIC USE AREAS
(3,124 SF / 70 SF = 44 SPACES) + (2,082 SF / 200 SF = 11 SPACES) = 55 PARKING SPACES
(100 SEATS / 2 = 50 SPACES) + (2,082 SF / 200 SF = 1 1 SPACES) = 61 PARKTNG SPACES
PARKING SPACES PROVIDED ONSITE = 61 (lNC. 3 ADA SPACE)
The buffers labeled on the conceptual plan meet or exceed LDC requirements. Enhanced plantings
will be required within the East buffer and the portion of the South buffer that abuts residential
zoning in lieu of a wall as approved through the companion Administrative Fence Waiver
(PL20 I 90002345). (See Attachment C)
The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management
Plan, which states,
"The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE)
affecting the overall countywide density or intensity of permissible development, with
consideration of their impact on the overall County transportation system, and shall not approve
PE-P120 1 8000327 6, I mmokalee McDonalds
Revised: February 7, 2020
Page 7 of 10
LANDSCAPE REVIEW:
TRANSPORTATION EVALUATION REVIEW:
17.F.1
Packet Pg. 1723 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption)
ony petition or application that would directly access a deficient roadway segment as identified in
the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the
current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment
that is currently operating and/or is projected to operate below an adopted Level of Service
Standard within the five year AUIR planning period, unless specific mitigating stipulations are
also approved. A petition or application has significant impacts if the trffic impact statement
reveals that any of the following occur:
a. For linl<s (roadway segments) directly accessed by the project where project trffic is equal
to or exceeds 2% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project trffic is equal to or
exceeds 2% of the adopted LOS standard service volume; and
c. For all other links the project trffic is considered to be significant up to the point where it is
equal to or exceeds 3% of the adopted LOS standard service volume.
Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and
submitted as port of the traffic impact statement that addresses the project's significant impacts
on all roodwoys. "
Transportation Planning Staff has reviewed the proposed Parking Exemption Request and found
that the proposed exemption is consistent with the transportation elements of the GMP. Further,
staff has reviewed the proposed access location and sidewalk layout finding that they meet
applicable requirements and standards.
Additional operational impacts will be addressed at time of the next development order (SDP,
SDPA, or Plat), at which time a TIS will be required to demonstrate detail turning movements for
site access points and site traffic analysis. Therefore, the subject Parking Exemption Request can
be found consistent with Policy 5.1 of the Transportation Element of the Growth Management
Plan.
IMMOKALEE COMMUNITY RE EVELOPMENT AGENCY (CRA):
The agent will provide a formal presentation to the Immokalee CRA Advisory Board Joint Meeting
on February 13,2020. The CRA will provide the outcome on the agents' recommendations after
this meeting. As such, staff will state any CRA recommendations at the February 20,2020 CCPC
meeting.
NEIGHBORHOOD INFO TION MEETTNG NIM)
The applicant conducted a NIM on January 8,2020, at Immokalee Community Park, Conference
Room, located at 321North l't Street in Immokalee. The meeting commenced at approximately
5:37 p.m. and ended at 5:40 p.m. Only one person attended, Richard Johnson, who is a
representative of the owner of the property immediately to the east of the subject site. The
applicant's agent explained the request for the proposed parking exemption.
Albert Lopez, the agent, conducted the meeting with introductions of the consultant team and staff,
and an overview of the proposed parking exemption for McDonald's. Mr. Lopez then gave a
presentation which described the parking exemption and included an aerial photo of the subject
PE-P120 1 8000327 6, I mmokalee McDonalds
Revised: February 7, 2020
Page 8 of 10
17.F.1
Packet Pg. 1724 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption)
site and the site plan (blown up on boards). There were no concerns from Mr. Johnson who had
no objections to the project. No commitments were made. A copy of the synopsis, sign-in sheet,
location map, and conceptual site plan are included in the Backup Materials in Attachment C.
COUNTY A Y OFFICE REVIEW:
The County Attorney's Office has reviewed this staff report on2l7l20.
RECOMMENDATION:
Zoning Division staff recommends the Planning Commission recommend the Board of Zoning
Appeals approve petition PE-PL20180003276,lmmokalee McDonald's, subject to the following
stipulations:
l. The Parking Exemption area is limited to improvements shown on the attached Conceptual
Site Plan; and
2. The parking within the Parking Exemption area will be only paved surface parking; and
3. No trash containers or enclosures shall be permitted in the Parking Exemption area.
Attachments:
A)
B)
c)
Proposed Resolution
Conceptual Site Plan
Application and Backup Material
PE-P1201 8000327 6, I mmokalee McDonalds
Revised: February 7, 2020
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17.F.1
Packet Pg. 1725 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption)
PREPARED BY:
TIMOTHY F , AICP, PRINCIPAL PLANNER
ZONING DIVISION.ZONING SERVICES SECTION
REVIEWED BY:
YM V. BELLOWS, ZO MANAGER
ZONING DIVISION-ZONING SERVICES SECTION
AMES FRENCH, DEPUTY DEPARTMENT HEAD
GROWTH MANAGEMENT DEPARTMENT
PE-PL20180003276, lmmokalee McDonalds
Revised: February 5, 2020
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17.F.1
Packet Pg. 1726 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption)
17.F.2
Packet Pg. 1727 Attachment: Attachment A - Resolution - 020520(2) (11204 : Immokalee McDonalds Parking Exemption)
17.F.2
Packet Pg. 1728 Attachment: Attachment A - Resolution - 020520(2) (11204 : Immokalee McDonalds Parking Exemption)
17.F.2
Packet Pg. 1729 Attachment: Attachment A - Resolution - 020520(2) (11204 : Immokalee McDonalds Parking Exemption)
17.F.2
Packet Pg. 1730 Attachment: Attachment A - Resolution - 020520(2) (11204 : Immokalee McDonalds Parking Exemption)
17.F.2
Packet Pg. 1731 Attachment: Attachment A - Resolution - 020520(2) (11204 : Immokalee McDonalds Parking Exemption)
17.F.3
Packet Pg. 1732 Attachment: Attachment B - Conceptual Site Plan (11204 : Immokalee McDonalds Parking Exemption)
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Notice is herebY qiYen that a
ililia hlarinq ivifl ue held bv
ihe Collier Cbunty Board of
itirnw' commissioher:. ar the
Bosrd'ot Zoning APPeals, orl
tlarch ?4, ZOZA, in the Board
o{ Countv Commisionert
l*seting Rbom, Third Floor,
C*llier - Government Ceat*f,.
*t*g uast Tamiami Trail, Na*
Dl€r FL, the Eoand of CountY
tonrmissioner (BCQ will con'
sider the enactment of a
Countv Retolution. The meet'
ino will commence at 1:39[.h rne title of the ProPored
It*rolution is as follows:
A RESOLUTION OF I}IT
SOARP OF ZONING APPEALS
OT COUTN COUNTY. FLORI.
P*.AN.ENNNG A PARKING EX.
E*TMOU UNDER I.AHD BE.
\trLOPMENT CODE SECTOT'I
4.05.02.K.3 TO ALLOW Otr-
rriE FAn$Nc FsR A r*S
FAOB RE TAURAT.IT 8S] A
*sf{Tt€uous LST Z*fltts
ngS$ f FIXAL-S1 lit GLE-FAiltlLY'
5 (N5F.5). THE SUBJECT MOP.
Enrr ls LoCATED ON rHE
sourHEAsT CORNEB Cf Int
*SxeUT DRIVE AT{D ST*TE
*SAF 29 lH IMMOKAL3EI r!
s*{noN 4,' I-.Cl'v}rsHlF" d?*surll E,ad*€f'S,*$6E {st-,rS** ts$ffi , 'Ft*t**
IFt2o1e0O3276l
1{.ri{1i.j;q+a\' $,.*,EC$ 4, ?o3s x R3Bf r'- .r I
A coor of ft€ proposed Bto-
irHoh'bon fitd w+$ Sle clErt
i;-st€ itotrd and is ctrail#
ior-inipeaion. All intsrestd
irfrtl'Ci-.iJ-invited to etterd
ind be heard.
ttOTE: All persons wi$irry to
soeak on any agenda item
HJil' reqistei ivitiittre County
manaoei prior to Prercntatiofl
o* ttre-lqlnda iteh to h ad-
Aresed. - lndlvidual sPeaksrt
witl be limited to 3 minutes
"n'anv item. fhe selection of
;nv in'dividual to speak on be*
haff of an organizatlon or
oroup is encouiaged. lf rx-
6oniied bv the Chairman, a
sfuesDersirn for a group or
riroaniiation may be allo'tted
ib'-miil{; to ipeak on an
item.
F*rs*ns wirhing to haw,wft"
ien or oraPhiE maftriats in-
a-ud€d li ifre Board agetlda
nackets must submit said ma'
i;tat a minimum of 3 weeks
orior to the resPective Plblic
hearinq. ln arry case, lsitten
mattrills intentied to be con-
;iitrired by the Board shall he
iubmitted to the aPProPriate.
Countv staff a minimurn of
sstsl'Oafr Prior to Fe PuFlS
hcarino. All materials useg ln
pre,t€ni;tions before dre
boerd will become a. Felrna-
ncr* Part of the record.
Anv mrson who decider to
"o5edl anv decision of the
B;iA wilf need a record. of
the proceedings Pertarntrtsthereto and theretore, ryaY
niet -io ensure that a wrba'
il;;ei;rd oi ttre Proceedirs:
is made, which record includes
it"ri testimony and evidence
,pon which' the aPPeal rs
based.
lf vou are a person with a dis'
adilitv who heeds any accom-
moddtion in order to Particl-
oaia- in this proceeding, You
hre entitled, ai no cost to You,
[o1ne provision of certain as-
ii.tinle. Please contact the
toiiiei Countv Facilities Man'
i""ment Divlsion, located at
fiii iamiami trail East' -Suite
BOARD OF COUHTY COMMIS-
SIONERS
F-qiAR$ Or.ZO NING .&PPEALS
{OUI ER EOUNTY;' FLO RI DA
*uEr 1, gflttilDERs, CHA]*-
MAN
e*YsrAL l(. KlHzEL,€ifnr or rHE cinculr count
*'€oMFmOtIER.
{ r*as
Tot, Nip*, rl 34tI;-53$6,
ffi. st hi€tt fitrs
to the, meeting. sfi.t2:It)) 252€39I" st I€{Et ttrYo
taln priqr to the meeting. Ar-
sisted ltsteninq devices for the
hearing impaired are availa-hearino impaired are availa-
ble in-the'Board of CountY
&omfuiqners'Offfca. '
17.F.5
Packet Pg. 1733 Attachment: Legal Ad - Agenda ID 11204 (11204 : Immokalee McDonalds Parking Exemption)