Agenda 03/22/2022 Item #17D (Ordinance Amending Ordinance 2021-22)03/22/2022
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance of the Board of County Commissioners of Collier County, Florida, to allow a drive-thru
restaurant instead of a carwash in the Immokalee 7-Eleven Commercial Planned Unit Development
(CPUD) by amending Ordinance Number 2021-22 to add eating places with a drive-thru and
grocery stores as permitted uses, remove the car wash use and related developer commitment,
reduce the total commercial square footage from 5,650 to 5,250, and increase the maximum two-
way PM peak hour net new trips generation limit from 157+/- to 167+/-, on property located at the
northwest corner of Main Street (SR 29) and North 9th Street, Immokalee, in Section 4, Township
47 South, Range 29 East, Collier County, Florida, consisting of 3.04+/- acres; and by providing an
effective date. (PL20210001637)
OBJECTIVE: To have the Board of County Commissioners (“Board”) review staff’s findings and
recommendations along with the recommendations of the Collier County Planning Commission (CCPC)
regarding the above referenced petition and render a decision regarding this PUD Amendment (PUDA)
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 Immokalee 7-Eleven CPUD was approved by Ordinance Number 21-22 on
June 8, 2021, with approval of a companion Automobile Service Station Waiver allowing the proposed
facility with fuel pumps in a location that is less than 500 feet from the existing Handy Gas Station that is
across North 9th Street. The proposed PUD Amendment is to allow an eating place with drive-thru along
with grocery stores as permitted uses while removing the proposed car wash. The site is in the overlay
zoning districts of the Immokalee Main Street Overlay, Wellfield Risk Management Special Treatment
Overlay (ST/W-3 and ST/W-4) and Airport Overlay. No new deviations are proposed.
FISCAL IMPACT: The rezoning 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 PUD Amendment 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. Other fees collected prior to issuance of a building
permit include building permit review fees. Finally, additional revenue is generated by application of ad
valorem tax rates and that revenue is directly related to the value of the improvements. 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: Comprehensive Planning staff identifies that the subject
property is designated within the Immokalee Area Master Plan Future Land Use designation of: Urban,
Urban Mixed Use District, Commercial Mixed Use (CMU) Subdistrict. The CMU Subdistrict permits
uses within the C-1 through C-4 zoning districts, including gas stations, convenience stores, food or
grocery stores and eating places. The proposed uses in the petition are consistent with the Future Land
Use Element of the Growth Management Plan (GMP). As such, this petition may be deemed consistent
with the FLUE.
The GMP is the prevailing document to support land use decisions, such as this proposed rezoning. Staff is
required to make a recommendation regarding a finding of consistency or inconsistency with the overall
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GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning
petition. This petition is consistent with the GMP.
Immokalee Community Redevelopment Area (CRA) Advisory Board: At their October 20, 2021
meeting, the applicant presented the petition to the Redevelopment Advisory Board for the CRA in
Immokalee. The Advisory Board voted unanimously to support the project.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC,
heard Petition PUDA- PL20210001637, Immokalee 7-Eleven CPUD Amendment on February 17, 2022,
and voted unanimously to forward this petition to the Board with a recommendation of approval with the
following revisions and conditions, all of which were agreed to by the applicant and have been
incorporated in the proposed Ordinance that accompanies this Executive Summary:
1. Revise the permitted use of “eating places with drive-thru (5812)” to eliminate the redundant
reference to gross floor area in the principal structure and to prohibit caterers, commissary
restaurants, contract feeding, and industrial feeding.
2. Sale of alcohol through the drive-thru is prohibited.
3. Revise the permitted use listed as “food stores (groups 541102)” to “grocery stores (5411)”
for consistency with the terminology of the Standard Industrial Classification (SIC) System.
4. Add the miscellaneous condition that outdoor music and outdoor public address systems are
prohibited, with the exception that the speaker system necessary for taking drive-thru orders
is allowed.
The CCPC recommendation was unanimous, and no persons spoke in opposition to the petition. As such,
this petition is on the Summary Agenda.
LEGAL CONSIDERATIONS: This is a site-specific amendment to a Commercial Planned Unit
Development (CPUD) Zoning District for a project known as the Immokalee 7-Eleven CPUD. The
burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth
below. The burden then shifts to the Board of County Commissioners, should it consider denying the
rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would
be accomplished by finding that the proposal does not meet one or more of the listed criteria below.
Criteria for PUD Amendments
Ask yourself the following questions. The answers assist you in making a determination for approval
or not.
1. Consider: The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or
other instruments or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at public expense? Findings and
recommendations of this type shall be made only after consultation with the County Attorney.
3. Consider: Conformity of the proposed CPUD Amendment with the goals, objectives and
policies of the Growth Management Plan.
4. Consider: The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
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5. Is there an adequacy of usable open space areas in existence and as proposed to serve the
development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring
the adequacy of available improvements and facilities, both public and private.
7. Consider: The ability of the subject property and of surrounding areas to accommodate
expansion.
8. Consider: Conformity with CPUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications are justified
as meeting public purposes to a degree at least equivalent to literal application of such
regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and future land
use map and the elements of the Growth Management Plan?
10. Will the proposed CPUD Amendment be appropriate considering the existing land use
pattern?
11. Would the requested CPUD Amendment result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the proposed
amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create types of
traffic deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance
with existing zoning? (a “core” question…)
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22. Is the change suggested out of scale with the needs of the neighborhood or the county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed
use in districts already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
25. Consider: The impact of development resulting from the proposed CPUD Amendment on
the availability of adequate public facilities and services consistent with the levels of service
adopted in the Collier County Growth Management Plan and as defined and implemented
through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as
amended.
26. Are there other factors, standards, or criteria relating to the CPUD Amendment request that
the Board of County Commissioners shall deem important in the protection of the public
health, safety, and welfare?
The Board must base its decision upon the competent, substantial evidence presented by the written
materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies,
letters from interested persons and the oral testimony presented at the BCC hearing as these items relate
to these criteria. The proposed Ordinance was prepared by the County Attorney’s Office. This item has
been approved as to form and legality, and requires an affirmative vote of four for Board approval. (DDP)
RECOMMENDATION: Staff recommends approval of Petition PUDA-PL20210001637, Immokalee 7-
Eleven CPUD Amendment, subject to the conditions recommended by the Planning Commission and
incorporated in the proposed Ordinance.
Prepared by: Ray Bellows, AICP, Zoning Manager
ATTACHMENT(S)
1. 01-25-22 - Immokalee 7-ELEVEN PUDA Staff Report - DDP Edits (PDF)
2. Ordinance - 021822 (PDF)
3. Att B - Applicants Backup Material CCPC_compV2 (PDF)
4. legal ad - agenda ID 21415 (PDF)
5. pL2021-1637 BCC Sign Posting (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doc ID: 21415
Item Summary: This item requires that ex parte disclosure be provided by BCC members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve an Ordinance of the Board of County Commissioners of Collier County, Florida, to allow a
drive-thru restaurant instead of a carwash in the Immokalee 7-Eleven Commercial Planned Unit
Development (CPUD) by amending Ordinance Number 2021-22 to add eating places with a drive-thru
and grocery stores as permitted uses, remove the car wash use and related developer commitment, reduce
the total commercial square footage from 5,650 to 5,250, and increase the maximum two -way PM peak
hour net new trips generation limit from 157+/- to 167+/-, on property located at the northwest corner of
Main Street (SR 29) and North 9th Street, Immokalee, in Section 4, Township 47 South, Range 29 East,
Collier County, Florida, consisting of 3.04+/- acres; and by providing an effective date. (PL20210001637)
Meeting Date: 03/22/2022
Prepared by:
Title: – Zoning
Name: Laura DeJohn
02/17/2022 5:09 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
02/17/2022 5:09 PM
Approved By:
Review:
Zoning Ray Bellows Additional Reviewer Completed 02/17/2022 5:14 PM
Growth Management Department Diane Lynch Growth Management Department Completed 02/24/2022 12:27 PM
Zoning Mike Bosi Zoning Director Review Completed 03/01/2022 7:56 AM
Growth Management Department Trinity Scott Transportation Skipped 02/24/2022 1:39 PM
Growth Management Department James C French Growth Management Completed 03/02/2022 4:56 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/08/2022 4:37 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/09/2022 8:26 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/10/2022 4:40 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/13/2022 9:19 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/15/2022 2:39 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/22/2022 9:00 AM
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PUDA-PL2020001637 Immokalee 7-Eleven CPUD Amendment Page 1 of 12
January 25, 2022
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: FEBRUARY 17, 2022
SUBJECT: PUDA-PL20210001637 IMMOKALEE 7-ELEVEN COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) AMENDMENT
PROPERTY OWNER/AGENT:
Owner/Applicant: 41287 Immokalee FL, LLC
Dan Creighton , Manager
2240 W First Street, Suite 101
Fort Myers, FL 33901
Agent: Fred Drovdlic, AICP
Waldrop Engineering
1514 Broadway, Suite 201
Fort Myers, FL 33901
REQUESTED ACTION:
The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an
application to allow a drive-thru restaurant instead of a carwash in the Immokalee 7-Eleven CPUD
by amending Ordinance 21-22, to add Eating Places with a drive-thru and food stores as permitted
uses, to remove the carwash use and related developer commitment, to reduce the total commercial
square footage from 5,650 to 5,250, and to increase the maximum two-way PM peak hour net new
trips generation limit from 157+ to 167+ trips.
GEOGRAPHIC LOCATION:
The subject property consists of +3.04 acres located on the northwest corner of West Main Street
(SR 29) and North 9th Street, in the Immokalee urbanized area within Section 4, Township 47 South,
Range 29 East, Collier County, Florida. (See location map on page 2)
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PURPOSE AND DESCRIPTION OF PROJECT:
The subject site is zoned Immokalee 7-Eleven Commercial Planned Unit Development (CPUD)
within the Immokalee Area Overlay and the Main Street Overlay Subdistrict, Wellfield Risk
Management Special Treatment Overlay Zones W-3 and W-4, and Airport Overlay. The CPUD was
originally approved by Ordinance 21-22 (PL20200000756) on June 8, 2021. A companion
Automobile Service Station Waiver was also approved by Resolution 21-116 (PL20190001744) to
allow the location of fuel pumps within 500 feet of the existing facility with fuel pumps across North
9th Street.
The petitioner’s request is a narrow set of changes to the CPUD to refine the list of intended uses
associated with the 7-Eleven by modifying the CPUD permitted uses to add eating places with drive-
thru and food stores in conjunction with the approved gas station/convenience store use, and to
remove the proposed carwash.
The Master Plan is updated to refine the footprint of the convenience store to accommodate a drive-
thru, to eliminate the carwash, and to reduce the total commercial square footage from 5,650 square
feet to 5,250 square feet. An updated Traffic Study reflects the addition of the eating place with
drive-thru and elimination of carwash results in approximately 10 additional PM peak hour trips
generated by the project. No new deviations are requested. The elimination of the carwash alleviates
Developer Commitment 5.D. that referenced operational standards for carwashes.
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding the property subject to the rezoning request. The subject site is primarily undeveloped
except for two buildings in the southwest corner that are operated as an auto shop and a hair salon.
SURROUNDING:
North: Residential single family homesite, zoned Residential Single Family with
Main Street Overlay Subdistrict (RSF-3-MSOSD) with a Wellfield Risk
Management Special Treatment Overlay Zone W-4 (ST/W-4) and Airport
Overlay
East: Existing Handy Convenience Store with four fueling positions, zoned C-
4-MSOSD with Wellfield Risk Management Special Treatment Overlay
Zone W-4 (ST/W-4) and Airport Overlay
South: West Main Street Right-Of-Way, beyond which are three vacant sites zoned
C-4-MSOSD with Wellfield Risk Management Special Treatment Overlay
Zone W-3 (ST/W-3) and Airport Overlay
West: Currently undeveloped Lot 2 of the 7-Eleven #1045471 Subdivision, zoned
C-4-MSOSD, beyond which is multifamily residential development zoned
R. Robert’s Estate MPUD. All subject to a Wellfield Risk Management
Special Treatment Overlay Zone W-3 and W-4 (ST/W-3 and ST/W-4) and
Airport Overlay.
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GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The GMP is the prevailing document to support land-use decisions, such as this proposed
amendment. Staff is required to make a recommendation regarding a finding of consistency or
inconsistency with the overall GMP as part of the recommendation for approval, approval with
conditions, or denial of any amendment petition. This petition is consistent with the GMP as
summarized below.
Future Land Use Element (FLUE): The subject property is designated within the Immokalee
FLUE as: Urban, Urban Mixed Use District, Commercial Mixed Use (CMU) Subdistrict. The
CMU permits a wide range of commercial uses as permitted within the C -1 through C-4 zoning
districts, which include gas stations, convenience stores, and eating establishments. This petition
is consistent with the GMP.
Transportation Element: In evaluating this project, staff reviewed the applicant’s September 29,
2021 Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of
the Growth Management Plan (GMP) using the applicable 2020 and 2021 Annual Update and
Inventory Reports (AUIR).
Policy 5.1 of the Transportation Element of the GMP 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
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transportation system, and shall not approve any 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 traffic impact statement reveals that any of the following occur:
a. For links (roadway segments) directly accessed by the project where project
traffic 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 traffic
is equal to or exceeds 2% of the adopted LOS standard service volume; and
c. For all other links the project traffic 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 part of the traffic impact statement that addresses the
project’s significant impacts on all roadways.”
Staff finding: According to the TIS provided with this revised petition the proposed development
will generate a projected total of +/- 167 PM peak hour, 2-way trips on the adjacent roadway
segments of State Road 29 which is an additional +/- 10 PM peak hour, 2-way trips than the current
PUD allows. The trips generated by this development will occur on the following adjacent
roadway link using the 2020 and 2021 AUIR:
Link/Roadway Link
2020
AUIR
LOS
2021
AUIR
LOS
Current Peak
Hour Peak
Direction
Volume/Peak
Direction
Projected
P.M. Peak
Hour/Peak
Direction
Project Trips
2020
Remaining
Capacity
2021
Remaining
Capacity
• 85.0/State
Road 29
(SR 29)
9th Street to
County Road
29A North
(CR 29A)
D D 900/South 34/SB 185 108
• 84.0/State
Road 29
(SR 29)
County Road
29A South to
9th Street
B B 1,700/West 29/N/B 991 948
58.0/North 1st
Street
New Market
Road to State
Road 29
C C 900/North 4NB 226 256
46.0/Immokalee
Road
Oil Well
Road to State
Road 29
C D 900/East 12/EB 242 171
47.0/Lake Trafford
Road
Carson Road
to State Road
29
C C 800/East 12/EB 247 207
• State Road 29 is under the jurisdiction of Florida State Department of Transportation (FDOT).
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Based on the TIS, the 2020 and 2021 AUIR, the subject PUD can be found consistent with Policy
5.1 of the Transportation Element of the Growth Management Plan. The Traffic Impact Statement
(TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this
project within the 5-year planning period.
Conservation and Coastal Management Element (CCME): Environmental Planning staff
found this project to be consistent with the Conservation & Coastal Management Element
(CCME). The proposed changes do not affect any of the environmental requirements of the GMP.
GMP Conclusion: Staff finds the petition consistent with the applicable policies of the Growth
Management Plan and the Immokalee Area Master Plan of the Growth Management Plan.
Immokalee Community Redevelopment Area (CRA) Advisory Board: At their October 20,
2021 meeting, the applicant presented the petition to the Redevelopment Advisory Board for the
CRA in Immokalee. The Advisory Board voted unanimously to support the project.
STAFF ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition, including the criteria
upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5,
Planning Commission Recommendation (referred to as the “PUD Findings”), and Section
10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as “Rezone
Findings”), which establish the legal basis to support the CCPC’s recommendation.
Environmental Review: Environmental Planning staff has reviewed the PUDA petition to address
environmental concerns. The proposed PUD changes will not affect any of the environmental
requirements of the PUD document (Ordinance 2021-22). The property had been historically
cleared and maintained clear of native vegetation. Therefore, the PUD Master Plan does not show
a preserve, since no minimum preservation is required; however, a tree survey of the property will
be needed at the time of SDP and/or PPL to evaluate if any trees on -site meet the requirements of
LDC Section 3.05.07.A.2.
This project does not require Environmental Advisory Council (EAC) review, as this project did
not meet the EAC scope of land development project reviews as identified in Section 2 -1193 of
the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends
approval of the petition.
Transportation Review: Transportation Planning staff has reviewed the petition for compliance
with the GMP and the LDC and recommends approval.
Utilities Review: The site is served by the Immokalee Water and Sewer District. The petitioner
submitted a letter from the District dated July 31, 2019 that indicated capacity and service is
available for wastewater and potable water.
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Landscape Review: The landscape buffers depicted on the Master Plan are consistent with the LDC
requirements. Enhanced buffer types as applicable for facilities with fuel pumps and drive-thrus
will be required to be provided at time of SDP.
Zoning Services Review: Zoning Division staff has evaluated the proposed uses relative to intensity
and compatibility. Prior to the CPUD designation, the subject site’s underlying zoning was
General Commercial (C-4), which allows a wide range of uses, including those requested.
A rezoning to CPUD was required for this site because it deviates from Main Street Overlay
Subdistrict standards. The Main Street Overlay Subdistrict is meant to encourage development
and redevelopment by enhancing and beautifying Immokalee’s downtown Main Street area. Per
LDC Section 2.03.07.G.5, the Overlay restricts some automobile-oriented uses, and in particular,
identifies that a drive-thru may be authorized as a conditional use on the subject property because
it has frontage on North 9th Street. While the drive-thru may be allowed through conditional use
approval within the Main Street Overlay Subdistrict, the site design as proposed does not comply
with the Overlay Subdistrict design standards of LDC Section 4.02.32 which require buildings to
be near the street with parking located to the side and rear yards only, and a deviation has been
approved by Ordinance 21-22 to allow parking located in the front of the site along Main Street
and along North 9th Street. PUD and Rezoning Findings summarized below offer conclusions of
zoning services review.
PUD FINDINGS:
LDC Section 10.02.13.B.5 states that, “In support of its recommendation, the CCPC shall make
findings as to the PUD Master Plan’s compliance with the following criteria in addition to the
findings in LDC Section 10.02.08.”
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
Zoning Division staff has reviewed the proposed PUD amendment request and finds that
the proposed change of use from carwash to eating place with drive-thru, reduction of total
commercial square footage from 5,620 sq. ft. to 5,250 sq. ft., and previously approved
convenience store with 20 fueling positions, together with the enhanced compatibility
improvements required by the LDC, and additional requirements contained in the CPUD
document are compatible with the existing commercial and multi-family development and
the zoning designations in the area. The Immokalee Water & Sewer District has stated that
water and wastewater services capacity is available. The Transportation Planning staff has
indicated that the access points to the site from N. 9th Street and W. Main Street for
vehicular, bicycle and pedestrian will allow for a more equal distribution of trips entering
and exiting the facility and the available capacity within the roads anticipated to be
impacted by the new trips is sufficient.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, par ticularly
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as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
Documents submitted with the application were reviewed by the County Attorney’s Office
and demonstrate unified control.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the GMP.
County staff has reviewed this petition and has offered an analysis of conformity with the
relevant goals, objectives, and policies of the GMP within the GMP Consistency portion
of this staff report on page 4.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering
and screening requirements.
The proposed change in use to accommodate an eating place with drive-thru and eliminate
carwash is compatible with the mix of commercial and residential development within the
surrounding area. Perimeter landscape buffers are labeled on the Master Plan are consistent
with the LDC. The loading, service area, and drive-thru are located to face toward the west
and not toward street frontages or toward the residential property to the north. The Master
Plan also provides for future interconnection to the parcel to the west of the property. Final
design of the site including access drives and drive-thru will be subject to review and
approval at the time of SDP.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
For Commercial PUDs, thirty percent of the gross area shall be devoted to usable open
space according to LDC Section 4.07.02.G.2. The PUD Master Plan indicates compliance
with this standard, with at least 0.91 acres of the 3.04-acre site designated for open space.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Compliance with all applicable concurrency management regulations is required, including
but not limited to site development plans. Immokalee Water and Sewer District has
indicated capacity and service is available for wastewater and potable water. The roadway
infrastructure is sufficient to serve the proposed project, as noted in the Transportation
Element consistency review. Operational impacts will be addressed at time of first
development order (SDP or Plat), at which time a new TIS will be required to demonstrate
turning movements for all site access points. Finally, the project’s development must
comply with all other applicable concurrency management regulations when development
approvals, including but not limited to any plats and or site development plans, are sought.
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7. The ability of the subject property and of surrounding areas to accommodate
expansion.
The CPUD Master Plan indicates that the subject 3.04-acre site is able to interconnect with
the +4-acre lot to the west, which is Lot 2 of the same subdivision. Therefore, the
surrounding area is adequate for accommodating future expansion.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on determination that such modifications are justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
No new deviations are proposed in connection with the request to amend the PUD. Final
design of the site including access drives and drive-thru will be subject to review and
approval at the time of SDP.
REZONE FINDINGS:
LDC Subsection 10.02.08 F. states, “When pertaining to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners…shall show
that the planning commission has studied and considered proposed change in relation to the
following when applicable”:
1. Whether the proposed change will be consistent with the goals, objectives, & policies
of the Future Land Use Map and the elements of the GMP.
Comprehensive Planning, Environmental and Transportation staff have reviewed the
petition and analyzed it for consistency with the goals, objectives, and policies of the GMP.
The changes associated with this PUD Amendment are consistent with the GMP.
2. The existing land use pattern.
The existing land use pattern of abutting properties is described in the Surrounding Land
Use and Zoning section of this staff report. The proposed change to the CPUD to add
eating place with drive-thru and eliminate the proposed carwash is in keeping with the
existing land use patterns.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The property is currently zoned CPUD and will remain as such. This PUD Amendment
does not create an isolated district, but rather accommodates a commercial use within the
Main Street Overlay Subdistrict, which promotes commercial development along this
corridor.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
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The CPUD boundary encompasses and logically accommodates the proposed 7-Eleven
convenience store, eating place with drive-thru, and fueling facility.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed change is not necessary; however, it is being requested in compliance with
the LDC provisions to seek such changes because the petitioner seeks to accommodate the
convenience of an eating place with drive-thru to serve the surrounding community.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed PUD Amendment is not anticipated to adversely influence living conditions
in the neighborhood.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
The roadway infrastructure has adequate capacity to serve the proposed project at this time,
i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation
Element consistency review. Operational impacts will be addressed at time of first
development order (SDP or Plat). Additionally, the project’s development must comply
with all other applicable concurrency management regulations when development
approvals are sought.
8. Whether the proposed change will create a drainage problem.
The PUD Amendment is not anticipated to create adverse drainage impacts in the area.
Stormwater best management practices, treatment, and storage for this project will be
addressed through Environmental Resource Permitting (ERP) with the South Florida Water
Management District (SFWMD). County staff will evaluate the stormwater management
system and design criteria at the time of Site Development Plan review.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The changes requested in association with this PUD Amendment are not additionally
impactful to the light and air for adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent
area.
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Packet Pg. 1751 Attachment: 01-25-22 - Immokalee 7-ELEVEN PUDA Staff Report - DDP Edits (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven
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This is a subjective determination based upon anticipated results, which may be internal or
external to the subject property. Property value is affected by many factors including macro
level market conditions.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
The majority of the adjacent property is undeveloped. The addition of an eating place with
drive-thru and elimination of proposed car wash is not likely to deter development activity
of surrounding property, but rather to encourage it.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
The PUD Amendment has been found to comply with the GMP, thus it is consistent with
public policy in alignment with the public welfare, and the change does not result in the
granting of a special privilege.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The subject property can be used in accordance with existing zoning; however, the
proposed eating place with drive-thru use cannot be achieved without amending the PUD.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County.
The PUD Amendment and resulting eating place with drive-thru will not be out of scale
with the needs of the community. In fact, the accommodation of the proposed commercial
use is in keeping with the community desires for commercial development along this
primary corridor in Immokalee.
15. Whether it is impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
The application was reviewed for compliance with the GMP and the LDC, and staff does
not specifically review other sites in conjunction with a specific petition.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
The CPUD has a narrow range of development options, with convenience store (food
store), fueling facilities and eating place with drive-thru as permitted uses. The majority
of the site has been cleared previously, and two commercial buildings are existing onsite.
To develop the proposed uses, site alteration will occur. Requirements and development
standards applied during the SDP process will result in improved site conditions.
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17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
The project must comply with the criteria set forth in LDC Section 6.02.00 regarding
Adequate Public Facilities (APF) and must be consistent with applicable goals and
objectives of the GMP related to adequate public facilities. The petition has been reviewed
by Comprehensive Planning staff for consistency with the GMP as part of the rezone
amendment process and found to be consistent. Concurrency review for Adequate Public
Facilities is determined at the time of SDP review.
18. Such other factors, standards, or criteria that the Board of County Commissioners
shall deem important in the protection of the public health, safety, and welfare.
To be determined by the Board during its advertised public hearing.
NEIGHBORHOOD INFORMATION MEETING (NIM):
A NIM was held on September 13, 2021 at Lozano’s Restaurant, 405 New Market Road East. No
members of the public appeared for the meeting in person or by Zoom as of 5:45 p.m., therefore
no meeting was conducted.
Documentation of the NIM notification is included in Attachment B of this Staff Report.
COUNTY ATTORNEY OFFICE REVIEW:
This Staff Report was reviewed by the County Attorney’s office on January 25, 2022. (DDP)
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward this petition to
the Board of County Commissioners (BCC) with a recommendation of approval of the PUDA.
Attachments:
A. Draft Ordinance
B. Applicant’s Backup Material
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Packet Pg. 1753 Attachment: 01-25-22 - Immokalee 7-ELEVEN PUDA Staff Report - DDP Edits (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven
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Packet Pg. 1754 Attachment: Ordinance - 021822 (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven CPUD Amendment)
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Packet Pg. 1755 Attachment: Ordinance - 021822 (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven CPUD Amendment)
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Packet Pg. 1756 Attachment: Ordinance - 021822 (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven CPUD Amendment)
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Packet Pg. 1757 Attachment: Ordinance - 021822 (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven CPUD Amendment)
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Packet Pg. 1758 Attachment: Ordinance - 021822 (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven CPUD Amendment)
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Packet Pg. 1759 Attachment: Ordinance - 021822 (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven CPUD Amendment)
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Packet Pg. 1760 Attachment: Ordinance - 021822 (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven CPUD Amendment)
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Packet Pg. 1761 Attachment: Ordinance - 021822 (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven CPUD Amendment)
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Packet Pg. 1762 Attachment: Ordinance - 021822 (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven CPUD Amendment)
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Packet Pg. 1763 Attachment: Ordinance - 021822 (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven CPUD Amendment)
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Packet Pg. 1764 Attachment: Ordinance - 021822 (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven CPUD Amendment)
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Packet Pg. 1765 Attachment: legal ad - agenda ID 21415 (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven CPUD Amendment)
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Packet Pg. 1766 Attachment: pL2021-1637 BCC Sign Posting (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven CPUD Amendment)
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Packet Pg. 1767 Attachment: pL2021-1637 BCC Sign Posting (21415 : Zoning Petition - PL20210001637 Immokalee 7-Eleven CPUD Amendment)