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Backup Documents 03/22/2022 Item #17D 3-22-22 1 7 PUDA PL20210001637 7—ELEVEN P. Jennejohn From: YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Sent: Tuesday, February 22, 2022 11:09 AM To: Minutes and Records Cc: GMDZoningDivisionAds; LauraDeJohnVEN; Fred Drovdlic; RodriguezWanda; BradleyNancy Subject: 3/22 BCC ad request 7-Eleven 41287 (PUDA) PL20210001637 Attachments: 2 x 3 Ad Map.pdf; Ad Request.docx; Signed Ad Request.pdf; Ordinance - 021822.pdf Good morning, M&R! Here is an ad request for 3/22 BCC that needs to run on March 2, please. Thank you! Andrew Youngblood, MBA Operations Analyst Zoning Division o ler County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 andrew.youngblood@colliercountyfl.gov 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. 1 170 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Originating Dept/Div: GMD/Zoning, Person:Laura DeJohn,Senior Planner Date:February 17,2022 Petition No.(If none,give a brief description). PL20210001637 Petitioner:(Name&Address): Fred Drovdlic,AICP 1514 Broadway Suite 201 Fort Myers,FL 33901 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,March 22,2022, (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#323534 Other Legally Required Purchase Order No.4500212968 Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: • Date: Division Ad i strator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager.Note:if legal documents are involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager.The County Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE Date Received ' ZZ-22 Date of Public Hearing 72 Date Advertised 170 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) on March 22, 2022, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.The title of the proposed Ordinance is as follows: 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] (insert map) A copy of the proposed Ordinance 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 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 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 presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willigna,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 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. 17 0 '- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L.MCDANIEL,JR., CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT& COMPTROLLER By: /s/ Deputy Clerk(SEAL) i ? 0 coco cc 5 f U R-9 1`.0P41P;) ----- 1S S 1) 1 y � I •_. gr L 1S 11, N — II [ 2 c) 170 ORDINANCE NO. 2022- 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 5,6.50 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. [PL202100016371 WHEREAS, on June 8, 2021, the Board of County Commissioners adopted Ordinance No. 2021-22, which created the Immokalee 7-Eleven Commercial Planned Unit Development (CPUD); and WHEREAS. Fred Drovdlic, AICP of RVi Planning + Landscape Architecture. Inc. representing Creighton Companies, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend the CPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Ordinance No. 2021-22 is hereby amended in accordance with the Immokalee 7-Eleven CPUD Document attached hereto as Exhibits `'A" through `F" and are incorporated by reference herein. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. [21-CPS-02133/I689844/l12/1812022 PL202I0001637-7-Eleven 41287(PUDA) Page 1 of 2 CAO PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County. Florida, this 22nd day of March 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K KINZEL, CLERK COLLIER COUNTY, FLORIDA I3y: By: Deputy Clerk William L. McDaniel, Jr., Chairman Approved as to form and legality: Derek D. Perry \� titi Assistant County Attorney q6\ Attachments: Exhibit A—List of Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—List of Requested Deviations Exhibit F—Development Commitments [21-CPS-02I 33/I689844/II2/18/2022 Page 2 of 2 PL20210001637-7-FIeven 41287(PUDA) g y0 --_ i 7 U EXHIBIT A LIST OF PERMITTED USES Immokalee 7-Eleven CPUD Amendment PERMITTED USES: A maximum of 5T640 5,250 square feet of gross floor area of commercial uses shall be constructed within the project as follows: a 40 5,250 square foot food store and 1,000 square eating place with drive thru. Fueling positions for a facility with fuel pumps shall be limited to 16 unleaded refueling positions and 4 diesel only commercial vehicle refueling positions — a maximum of 20 fueling positions. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part. for other than the following: A. Principal Uses: 1. Gasoline service stations (5541), except auto services and repairs—Limited to one(1) gasoline service station for the entire CPUD, and subject to LDC Section 4.02.32 and LDC Section 5.05.05. 2. Eating places with drive-thru (5812), except caterers, commissary restaurants, contract feeding, and industrial feeding. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01. Sale of alcohol through the drive-thru is prohibited. 3. Grocery Stores (5411). Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Customary accessory uses and structures. 2. Essential services, including interim and permanent utility and maintenance facilities. Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. [21-CPS-02133/1693084/2] Immokalee 7-Eleven CPUD PL20210001637 Last Revised.' February 18, 2022 Page 1 of 9 Words stricken are deletions; words underlined are additions. ��dr` in EXHIBIT B LIST OF DEVELOPMENT STANDARDS Immokalee 7-Eleven CPUD Amendment Development of the 7-Eleven Immokalee 7-Eleven CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the 7 Eleven Immokalee 7-Eleven CPUD. TABLE I COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA' 30,000 SQUARE FEET N/A MINIMUM LOT WIDTH1 150 FEET N/A MINIMUM YARDS (External)2 Rear 50 FEET SPS Side 50 FEET SPS SR 29 (Main Street) 50 FEET SPS N. 9th Street 50 FEET SPS MINIMUM YARDS (Internal)2 Rear 50 FEET SPS Side 50 FEET SPS MAXIMUM HEIGHT 2 Retail Buildings: zoned/actual 35 FEET/35 FEET 35 FEET/35 FEET NOTES: (1) According to LDC 5.05.05 B.1 (2) According to LDC 5.05.05 D.1 SPS = Same as Principal Structure [21-CPS-02133/1693084/2] Immokalee 7-Eleven CPUD PL20210001637 Last Revised: February 18, 2022 Page 2 of 9 Words stricken are deletions; words underlined are additions. 170 i t/� Y e , x x ye , J 5"- U < 8 m ' a to O w e w < ce w x�� e It U wz 9 w1 o >- V V a V `! Y V w JalsH>aN ,y W - <Wz 6 itta _ > 42 :1 :! 8 m .� E `ja�wa VIAI !, 1- I- $w re mw w a o ,~ 0 IN d o o ,., ww w i, w ,' ' z C 2 Bit X a W w b ; p p = E z c ! i 26 as Ec �Fr���j� O O W Qj a 0 w 1-' mnitr. 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(c wOQ w _' a o J a a s a3 r cr rp W 1- UMW. fQ ZZW a CD J" p/tiEen uX a < SERVICE STI.t,�e1 a - _ __ _ _= (Ci3NIViNIVW 4 03NMO YY zt 6 (a AINNM a IT1M h-•>e ac ci-, — Q ui C I MV!!09 JNIlSix 3 kr)O LL W W O V)I+J Q �� 133aiSH16 N Ncima`n- xQ `U' ° 0 .O co 7i W WO, O+S V RS aZ2 22 CLS Y I 0'I "' -o Et hixrW oo C OzQ - 4 "'z N c ��� jW o Q z Wa.J ~r-- L`,i - e rn a. J 0 . L dh aiWmiNiwC ~ c) ce • 1-* to E2,g 14za) N O F_ W a �_ 4 NQ �' ( I c U z 6 O 2 a) L Z i U . 8 wg a)6w 3 W c q 1 ) - * rn w g t u.u. ,0P Ne gi(5a r= 1-. o W W w ; j- wZ ll❑ 8it,6 F ' ••- 3. § ., , � W N , ga -0a c�m0 W ;Oz .i ir 6 .� W -0z0. ZUi v) CG z48ita. p aU wW cc a 3NOZ oNIOVOI w :°JNI?12lVd?IOfkflNi ` _ ri eri E Q I4l.I _ i 0 0 5 W6 _ 0Z .4- & ,g ' • <C W a. o • 0 I 1 a a a ■ CO CI_ a has ti U 0 M M r Z yi 3 t , LL.I N p W g e y I a i �' CD W Y `n f- o Q � N J (Q� �p4f LE' z 4 O.. N ca 2 . I V-i S r Z "* / I �j W W W o U } U " 1- 1 CC C pz vCC U i b V ma I u � w I z �( S? 0i 2 uawaaw•�ps+.wr.odneeanvao4wn"a u+wr�rrrnnuwwruvawawr� e.♦ (--_,,, V 170 EXHIBIT D LEGAL DESCRIPTION Immokalee 7-Eleven CPUD LOT 1 OF THE 7-ELEVEN #1045471 SUBDIVISION RECORDED IN PLAT BOOK 68 PAGES 65-66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. [21-CPS-02133/1693084/2] Immokalee 7-Eleven CPUD PL20210001637 Last Revised: February 18. 2022 Page 5 of 9 Words stricken are deletions; words underlined are additions. 17 EXHIBIT E LIST OF DEVIATIONS Immokalee 7-Eleven CPUD 1. Deviation from LDC Section 4.02.32 B.2. — Specific Design Standards for the Immokalee—Main Street Overlay Subdistrict (MSOSD), which requires all properties within the Main Street Overlay subdistrict, having frontage on Main Street, First Street or Ninth Street, to locate all parking areas in the rear yard and/or in side yards; instead allow the parking to be located in front of the building, which faces W. Main Street. [21-CPS-02 1 33/1 693084/2] Immokalee 7-Eleven CPUD PL20210001637 Last Revised: February 18. 2022 Page 6 of 9 Words stricken are deletions; words underlined are additions. 17t EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS Immokalee 7-Eleven CPUD 1. PURPOSE The purposed of this Section is to set forth the development commitments for the development of this project. 2. GENERAL A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD.At the time of this PUD approval, the Managing Entity is Creighton Companies, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. 3. TRANSPORTATION A. The maximum total daily trip generation for the PUD shall not exceed 157+/ 167+/- two-way PM peak hour net new trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. B. Vehicular and Pedestrian interconnection will be provided to the parcel to the west to allow access consistent with the conceptual PUD Master Plan. The final location of the access point will be coordinated with the adjacent property owner and a cross-access easement, or an access easement for public use without responsibility of maintenance by Collier County, will be provided at time of the first Site Development Plan or Plat. The connection and supporting infrastructure will be constructed to the property line by the developer or successors or assigns prior to the first Certificate of Occupancy. The interconnections shall remain open to the public. [21-CPS-02133/1693084/2] Immokalee 7-Eleven CPUD PL20210001637 Last Revised: February 18, 2022 Page 7 of 9 CAC Words stricken are deletions; words underlined are additions. 170 4. ENVIRONMENTAL A. The project does not contain native vegetation; however, the CPUD will provide 30% open space as required by the LDC, or a minimum of 0.91 acres of open space will be provided. B. A tree survey of the property will be needed at the SDP or PPL review to evaluate if any trees on site meet the requirements of LDC 3.05.07 A.2. C. A black bear management plan will need to be included at SDP or PPL review. 5. POLLUTION CONTROL A. All dry detention areas must be completed with the bottom of the detention area set three feet above the seasonal high groundwater table elevation. If an alternative stormwater management system is proposed during SDP additional or alternative requirements may be necessary. B. All stormwater inlets must include the installation and maintenance of a hooded outfall to prevent petroleum hydrocarbons from entering the stormwater management system. C. Any reportable discharge as defined in chapter 62-780, FAC., shall be reported to the State Watch Office or FDEP Office of Emergency Response, and Collier County Pollution Control, no later than 24 hours after occurrence, and Emergency Response Actions as outlined in chapter 62-780, FAC. must commence within 24 hours of any reportable discharge. D. The proposed onsite Car Wash will be required to utilize a total recycle system and abide by all requirements and prohibitions listed in chapter 62 660.803 FAC. Equipment must be maintained for 2 y ors 6. PUBLIC UTILITIES A. The developer shall connect to the Immokalee Water and Sewer District potable water system at locations determined by the Immokalee Water and Sewer District when capacity is available. B. The project shall connect to the Immokalee Water and Sewer District wastewater collection and conveyance system at locations determined by Immokalee Water and Sewer District when capacity is available. C. The project shall connect to the Immokalee Water and Sewer District Irrigation Quality water system at locations determined by Immokalee Water and Sewer District when capacity is available. 7. MISCELLANEOUS A. Pursuant to Section 120.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. [21-CPS-02133/1693084/2] Immokalee 7-Eleven CPUD PL20210001637 Last Revised: February 18, 2022 Page 8 of 9 Ca Words stricken are deletions; words underlined are additions. 17i B. All other applicable state or federal permits must be obtained before commencement of the development. C. Mural painting is permitted on the building facade with frontage on N. 9th Street subject to LDC Section 2.03.07.G.7.e.xx. D. The facility will provide the necessary infrastructure and pre-wiring for generator service in case of emergencies, as required by LDC Section 5.05.05.1. E. Outdoor music and outdoor public address systems are prohibited, with the exception that the speaker system necessary for taking drive-thru orders is allowed. [21-CPS-02133/1693084/2] Immokalee 7-Eleven CPUD PL20210001637 Last Revised: February 18, 2022 Page 9 of 9 Words Stricken are deletions; words underlined are additions. r it,, i Crystal K. Kinzel 17 Q ���G`CUIT COUR���O Collier County .t Clerk of the Circuit Court and Comptroller 0 0 3315 Tamiami Trail East, Suite 102 r Naples, Florida 34112-5324 ���F'('ou r1.°) o� February 23, 2022 Fred Drovdlic, AICP 1514 Broadway, Suite #201 Fort Myers, FL 33901 Re: PL20210001637 (7-Eleven) Dear Petitioner, Please be advised the above referenced petition will be considered by the Collier County Board of County Commissioners, on Tuesday, March 22, 2022. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, March 2, 2022. You are invited to attend this public hearing. Sincerely, CRYSTAL KINZEL, CLERK Ann Jennej ohn, Deputy Clerk Enclosure Phone-(239)252-2646 Fax-(239)252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com 170 NDN Acct #323534 February 23, 2022 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PL20210001637 (Display w/MAP) Dear Legals: Please advertise the above referenced Notice w/Map (NOT to be placed in the Classified Section of the paper) on Wednesday, March 2, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500212968 170 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) on March 22,2022, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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] (insert map) A copy of the proposed Ordinance 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 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 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 presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, 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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of- events after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. 170 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 WILLIAM L. MCDANIEL, JR., CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT& COMPTROLLER By: Ann Jennejohn Deputy Clerk(SEAL) 17 0 ) [ B ezt. CD L_ o n - N 1 5th 5T I 1 ,1 r #44 s 1st sT -- #44:1 03 f° A.: rn 170 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, February 23, 2022 8:56 AM To: Naples Daily News Legals Subject: PL20210001637 (Display Ad W/MAP) Attachments: PL20210001637 (BCC 3-22-22).dot; PL20210001637 (BCC 3-22-22).docx; PL20210001637 (BCC 3-22-22).pdf Good Morning, Please advertise the attached (w/MAP) on Wednesday, March 2, 2022. This is not to go in the classified section of the paper. Thank you. Ann Jennejohn 13MR Senior Deputy Clerk II Clerk to the Value Adjustment Board %,, Office: 2.39-252-8406 4 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.cow '".,� c, Office of the Clerk of the Circuit Court "`t"y`:.• & Comptroller of Collier County 3299 Tamiav►ni Trail, Suite #4O1 Naples, FL- 34112-5324 www.CollierClerk.com i 17 Ann P. Jennejohn From: noreply@salesforce.com on behalf of Jennifer Dewitt <jldewitt@designiq.com> Sent: Wednesday, February 23, 2022 12:15 PM To: ganlegpubnotices4@gannett.com;Ann P.Jennejohn Subject: PL20210001637 Attachments: adGCI0835875rev.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, We have your proof ready for your review(attached), please see the ad run details below as well- Ad#-GCI0835875 Publication - naples news Section- Main/ROP Size-3x10 Run Date(s) -3/2 Affidavit-y Total-$1,008.00 Please let me know any needed updates/changes or if this can be approved as is. Please Note:The deadline for approval is 3/1/2022 3:00 PM EST. Thank You Jennifer DeWitt Account Coordinator I SMB-Classifieds jldewitt@gannett.com_ _ ref:_00DE0J6ks._5002S1QgOok:ref 1 NOTICE OF PUBLIC HEARING 17 Q - NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) on March 22, 2022, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center,3299 East Tamiami Trail, Naples FL., to consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.The title of the proposed Ordinance is as follows: 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] 17 III CR 846 L Wfain{ST Project d = s, Location I 1 1 u, A copy of the proposed Ordinance 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 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 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 presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountvfl.gov/our-countv/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please 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 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 WILLIAM L.MCDANIEL,JR., CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Ann Jennejohn Deputy Clerk(SEAL) 170 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, February 23, 2022 1:51 PM To: 'YoungbloodAndrew'; GMDZoningDivisionAds; RodriguezWanda Cc: LauraDeJohnVEN; BradleyNancy Subject: Legal Notice PL20210001637 7-Eleven (3-22-22 BCC Meeting) Attachments: adGCl0835875rev.pdf Good Afternoon, Please review the attached that will run March 2. for the March 22, 2022 13CC Meeting. Thank you! Ann Jennejohn 13MR Senior Deputy Clerk II Clerk to the Value Adjustment Board r, Office: 239-252-8406 Fax: 239-2s2-8408 (if applicable) Avtvt.Jevwtejohvt@CollierClerk.cowt Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com From: noreply@salesforce.com <noreply@salesforce.com>On Behalf Of Jennifer Dewitt Sent: Wednesday, February 23, 2022 12:15 PM To:ganlegpubnotices4@gannett.com; Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: PL20210001637 External Message: Please use caution when opening attachments, clicking links,or replying to this message. Hello, We have your proof ready for your review(attached), please see the ad run details below as well- 170 - Ann P. Jennejohn From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Thursday, February 24, 2022 10:44 AM To: Ann P.Jennejohn; GMDZoningDivisionAds; RodriguezWanda Cc: LauraDeJohnVEN; BradleyNancy Subject: RE: Legal Notice PL20210001637 7-Eleven (3-22-22 BCC Meeting) Attachments: RE: Legal Notice PL20210001637 7-Eleven (3-22-22 BCC Meeting); RE: Legal Notice PL20210001637 7-Eleven (3-22-22 BCC Meeting) We have approval from planner and applicant. Andrew Youngblood, MBA Operations Analyst Zoning Division Co Yer County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 andrew.youngblood@colliercountyfl.gov From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent:Wednesday, February 23, 2022 1:51 PM To:YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc: LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov> Subject: Legal Notice PL20210001637 7-Eleven (3-22-22 BCC Meeting) 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. Good Aftervtoovt, Please review the attached that will ruvt March 2 for the March 22, 2022 13CC Meetivtg. Thavtk you! 1 170 Ann P. Jennejohn From: Fred Drovdlic <fdrovdlic@rviplanning.com> Sent: Wednesday, February 23, 2022 3:00 PM To: GMDZoningDivisionAds; LauraDeJohnVEN; Laura S. DeJohn;Jeff Wright Subject: RE: Legal Notice PL20210001637 7-Eleven (3-22-22 BCC Meeting) Follow Up Flag: Follow up Flag Status: Flagged 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. Looks correct. Approved. Fred Drovdlic, AICP Director of Planning RVi Planning+Landscape Architecture 1514 Broadway, Suite 201 • Fort Myers, FL 33901 239.989.3370 Mobile •239.318.6707 Direct • 239.344.0000 Main www.rviplanninq.com This email is intended exclusively for the individual or entity to which it is addressed.This message and attachments may contain confidential information. Unauthorized review or use is strictly prohibited.If you received this message in error,please advise the sender and delete all copies of this message. From: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Sent:Wednesday, February 23, 2022 1:56 PM To: LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov>; Laura S. DeJohn <LKS@johnsoneng.com>;Jeff Wright <jeff.wright@henlaw.com>; Fred Drovdlic<fdrovdlic@rviplanning.com> Subject: FW: Legal Notice PL20210001637 7-Eleven (3-22-22 BCC Meeting) Good afternoon, everyone, Here is the final ad proof for this petition going to the 3/22 BCC. Please let me know if you approve by end of this week. Thank you! Andrew Youngblood, MBA Operations Analyst Zoning Division CAT County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 andrew.youngblood a(�colliercountyfl.gov i 170 Ann P. Jennejohn From: LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov> Sent: Thursday, February 24, 2022 9:07 AM To: GMDZoningDivisionAds; Laura S. DeJohn;Jeff Wright; Fred Drovdlic Subject: RE: Legal Notice PL20210001637 7-Eleven (3-22-22 BCC Meeting) Follow Up Flag: Follow up Flag Status: Flagged Approved! Laura DeJohn, AICP Collier County Growth Management Department Zoning Services (Vendor) 2800 North Horseshoe Drive Naples, FL 34104 Desk: (239) 252-5587 laura.dejohn@colliercountyfl.gov From:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Sent: Wednesday, February 23, 2022 1:56 PM To: LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov>; Laura S. DeJohn <LKS@johnsoneng.com>;Jeff Wright <jeff.wright@henlaw.com>; Fred Drovdlic<fdrovdlic@rviplanning.com> Subject: FW: Legal Notice PL20210001637 7-Eleven (3-22-22 BCC Meeting) Good afternoon, everyone, Here is the final ad proof for this petition going to the 3/22 BCC. Please let me know if you approve by end of this week. Thank you! Andrew Youngblood, MBA Operations Analyst Zoning Division Co -rer County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 andrew.youngblood@colliercountyfl.gov From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent:Wednesday, February 23, 2022 1:51 PM To:YoungbloodAndrew<Andrew.Youngblood@colliercountvfl.gov>; GMDZoningDivisionAds 1 I 7 0 Ann P. Jennejohn From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday, February 24, 2022 10:48 AM To: Minutes and Records Cc: YoungbloodAndrew; GMDZoningDivisionAds; LauraDeJohnVEN Subject: proof approval: Legal Notice PL20210001637 7-Eleven (3-22-22 BCC Meeting) Attachments: adGCl0835875rev.pdf; RE: Legal Notice PL20210001637 7-Eleven (3-22-22 BCC Meeting) Attorney approval is below, and staff and applicant approvals are attached. Thank you, Wanda Rodriguez, MCP, CPM Office of the County Attorney (239) 252-8400 From: PerryDerek<Derek.Perry@colliercountyfl.gov> Sent: Wednesday, February 23, 2022 4:13 PM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov> Subject: RE: ad proof for approval: Legal Notice PL20210001637 7-Eleven (3-22-22 BCC Meeting) Wanda: The Legal Notice for PL20210001637, 7-Eleven (3-22-22 BCC Meeting) is approved. Thank you, Derek D. Perry Assistant County Attorney (239)252-8066 From: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov> Sent:Wednesday, February 23, 2022 2:21 PM To: PerryDerek<Derek.Perry@colliercountyfl.gov> Cc:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov> Subject: FW: ad proof for approval: Legal Notice PL20210001637 7-Eleven (3-22-22 BCC Meeting) Derek: The ad proof is correct per the 2-18-22 TO Ordinance title. Xatliy Crotteau, fegalSecretary Office of the Coller County Attorney Phone.. (239)252-6052 1 From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Wednesday, February 23, 2022 1:55 PM To: PerryDerek<Derek.Perry@colliercountyfl.gov> Cc: CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov> Subject: ad proof for approval: Legal Notice PL20210001637 7-Eleven (3-22-22 BCC Meeting) Derek, For your approval. "Wanda Rodriguez, MCP, CTJ%4 Office of the County Attorney (239) 252-8400 From:Ann P.Jennejohn <Ann.Jenneiohn@collierclerk.com> Sent: Wednesday, February 23, 2022 1:51 PM To:YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc: LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov> Subject: Legal Notice PL20210001637 7-Eleven (3-22-22 BCC Meeting) 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. Good Afternoon, Please review the attached that will run March 2 for the March 22, 2022 BCC Meeting. Thank you! Ann Jenne,john T3MR Senior Deputy Clerk II Clerk to the Value Adjustment Board 'f'r, A.. L Office: 239-252-8406 e Fax: 239-252-8408 (if applicable) Afrwt.Jevuxejohti.@CollierClerk.com "r.,, •05^ Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tawtiawu Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com 2 1 7 0 — Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, February 24, 2022 10:51 AM To: 'Jennifer Dewitt' Subject: RE: PL20210001637 Approved for publicatiovt. Thavtk you! Ann Jenne,jolin 13MR Senior Deputy Clerk II ,, ,,a. Clerk to the Value Adjustment Board .coOffice: 239-252-8406 Fax: 239-252-8408 (if applicable) Avwt.Jevtvtejohvt@CollierClerk.com r t.,, ,s? Office of the Clerk of the Circuit Court & Comptroller of Collier Couvtty 32 9 9 Tavvtiawti Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.cowt From: noreply@salesforce.com <noreply@salesforce.com> On Behalf Of Jennifer Dewitt Sent: Wednesday, February 23, 2022 12:15 PM To:ganlegpubnotices4@gannett.com; Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: PL20210001637 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, We have your proof ready for your review(attached), please see the ad run details below as well- Ad#- GC10835875 Publication - naples news Section - Main/ROP Size- 3x10 Run Date(s) - 3/2 1 ally 15 NOTICE OF PUBLIC HEARING 17 0 NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice Is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) on March 22, 2022, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center,3299 East Tamiami Trail,Naples FL.,to consider the enactment of a County Ordinance: The meeting will commence at 9:00 A.M,The title of the proposed Ordinance is as follows: , 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 1571 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] :H ii ; I t + -- is r f • • [I I i- . .• : - I I l 1 • m f,�O z — o , II � ' z i I m • N Q `LI CR 846 Project / 'W gain- T, . ! is, D Location 1 1 1 N / l1 ! \ T ‘ N y Z \ • ® a b A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All in interested parties are invited to attend and be heard. Iw H NOTE:All persons wishing to speak on any agenda item must register with the County Manager prior to D 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. Z Persons wishing to have written or graphic materials included in the Board agenda packets must submit said in material a minimum of 3 weeks prior to the respective public hearing.In any case,written materials intended N 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 encourage public involvement,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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.001liercountvfl.aov/our-courly/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing hoW they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig colliercountyfl.aoy. 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 • WILLIAM L.MCDANIEL,JR., CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER , By: Ann JenneJohn Deputy Clerk(SEAL) 4. 170 apLri BkiiL Maus PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 BCC ZONING DEPT 3299 TAMIAMI TRL E 700 NAPLES, FL 34112 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve 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. 3/2/2022 Subscribed and sworn to before on March 2nd,2022 Notary, . late , Count rown My commi i expires: • NANCY HEYRMAN PUBLICATION COST: $1,008.00 Notary Public AD NO: GCI0835875 State of Wisconsin CUSTOMER NO: 505868 PO#: PL20210001637 AD SIZE: DISPLAY AD W/MAP 3X10 I 7 0 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice Is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) on March 22, 2022, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center,3299 East Tamiami Trail,Naples FL.,to consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.The title of the proposed Ordinance is as follows: 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 167x,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] it n m.� / I Ir I z = r�0 yr\ dip .— 177 I I CR 846 4 (Wrt r ,Vain'ST Project k—c3-- - • ts,p Location Tlll r•l 111EL WI 1 _, [ (1;3' ' / ?� • N \------C-_____-.. A copy of the proposed Ordinance 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 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 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 presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at wwwcalli ountyfl.gov/•u yunty/yisitelslcaleedaL-Of.-evertts after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues. For additional Information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geolire_y Wiu lg@ collerminlyfl.gnv. 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 WILLIAM L.MCDANIEL,JR., CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Ann Jenne(ohn Deputy Clerk(SEAL) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 7 D THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed, If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office bb 1 3 I z 8 IzZ 4. BCC Office Board of County Commissioners in//�'( A//S/ 3 23 2 Z. 5. Minutes and Records Clerk of Court's Office r o ' PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ray Bellows Phone Number (239)252-2463 Contact/ Department Agenda Date Item was March 22,2022 Agenda Item Number 17D Approved by the BCC Type of Document Ordinance(Immokalee 7-11 PUD) Number of Original 1 Attached Documents Attached PO number or account 131-138326649030-00000 number if document is �'9 to be recorded ( dtrialtefi �C I INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 5,�'.p'e oK R.B. 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be R.B. signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the R.B. document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's R.B. signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain Al NIA time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 3-22-22 and all changes made during the N/A is not meeting have been incorporated in the attached document. The County Attorney's /5-D ' an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made, and the document is ready for the -bD 1 an option for Chairman's signature. �J this line. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1711 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, March 30, 2022 4:17 PM To: bellows r Subject: Ordinance 2022-11 (Item #17D 3-22-22 BCC Meeting) Attachments: Ordinance 2022-11.pdf Good Aftervtoovt, Please see the attached Ordivtavtce, validated by the State today, For your records. Thavtk you Ann Jennejohn 13MR Senior Deputy Clerk I► „l for k) Clerk to the Value Adjustment Board Office: 239-252-8406 Fax: 239-252-s40s (if applicable) Avtvt.Jevtvtejohvt@Coll ierCl erk.co on Office of the Clerk of the Circuit Court ry'�,k�<K�n c^ Sr Comptroller of Collier County 3299 Tawtiavvti Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.cowt i 170 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, March 30, 2022 9:46 AM To: 'countyordinances@dos.myflorida.com' Subject: CLL20220330_Ordinanc2022_11 Attachments: CLL20220330_Ordinance2022_11.pdf COUNTY: CLL (COWER) ORDINANCE NUMBER: 2022-11 SENT 13Y: Collier Couvtty Clerk of the Circuit Court Board Mivtutes & Records Department 23 9-252-8406 Thavtk you! Ann ✓ennejotin r3MR Senior Deputy Clerk II tk 11 <<10,1 Clerk to the Value Adjustment Board 4."*. r�-,, Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Avtvt.Jevtvt&Gtvt@CollierClerk.cowt s, Office of the Clerk of the Circuit Court ""•` & Comptroller of Collier County 3299 Tawtiawti Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.cow. i 170 ORDINANCE NO. 2022- 11 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] WHEREAS, on June 8, 2021, the Board of County Commissioners adopted Ordinance No. 2021-22, which created the Immokalee 7-Eleven Commercial Planned Unit Development (CPUD); and WHEREAS, Fred Drovdlic, AICP of RVi Planning + Landscape Architecture, Inc. representing Creighton Companies, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend the CPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Ordinance No. 2021-22 is hereby amended in accordance with the Immokalee 7-Eleven CPUD Document attached hereto as Exhibits "A" through "F" and are incorporated by reference herein. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. [21-CPS-02133/1689844/1]2/18/2022 Page 1 of 2 PL20210001637-7-Eleven 41287(PUDA) g CAO 1 7 D PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 22nd day of March 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K KINZEL, CLERK COLLIER CO '; ORIDA Ad. By: St-!d' 'OC-. By: �..•%`_��� Attg5t as tO ir�ra �,eputy Clerk Will:m L. McDaniel, Jr., Chairman sicinaturl A oved as to form a legality: rek D. Perry \ ti Assistant County Attorney Attachments: Exhibit A—List of Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—List of Requested Deviations Exhibit F—Development Commitments This ordinance fired with the aAwatory of caate's Of e ti e day of and acknowledgem t that fi(jpg_re ived • day O L By 945a1*- D pvty [21-CPS-02133/1689844/1]2/18/2022 Page 2 of 2 PL202 10001637-7-Eleven 41287(PUDA) g 1 7 a EXHIBIT A LIST OF PERMITTED USES Immokalee 7-Eleven CPUD Amendment PERMITTED USES: A maximum of 5,650 5,250 square feet of gross floor area of commercial uses shall be constructed within the project as follows: a/1,650 5,250 square foot food store and 1,000 square foot car wash eating place with drive thru. Fueling positions for a facility with fuel pumps shall be limited to 16 unleaded refueling positions and 4 diesel only commercial vehicle refueling positions — a maximum of 20 fueling positions. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Gasoline service stations (5541), except auto services and repairs—Limited to one (1) gasoline service station for the entire CPUD, and subject to LDC Section 4.02.32 and LDC Section 5.05.05. 2. Eating places with drive-thru (5812), except caterers, commissary restaurants, contract feeding, and industrial feeding. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01. Sale of alcohol through the drive-thru is prohibited. 3. Grocery Stores (5411). Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Customary accessory uses and structures. 2. Essential services, including interim and permanent utility and maintenance facilities. Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. [21-CPS-02133/1693084/2] Immokalee 7-Eleven CPUD PL20210001637 Last Revised: February 18, 2022 Page 1 of 9 Words stricken are deletions; words underlined are additions. �,-; 170 EXHIBIT B LIST OF DEVELOPMENT STANDARDS Immokalee 7-Eleven CPUD Amendment Development of the 7-Eleven Immokalee 7-Eleven CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the 7-Eleven Immokalee 7-Eleven CPUD. TABLE I COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA1 30,000 SQUARE FEET N/A MINIMUM LOT WIDTH1 150 FEET N/A MINIMUM YARDS (External)2 Rear 50 FEET SPS Side 50 FEET SPS SR 29 (Main Street) 50 FEET SPS N. 9th Street 50 FEET SPS MINIMUM YARDS (Internal)2 Rear 50 FEET SPS • Side 50 FEET SPS MAXIMUM HEIGHT 2 Retail Buildings: zoned/actual 35 FEET/35 FEET 35 FEET/35 FEET NOTES: (1) According to LDC 5.05.05 B.1 (2) According to LDC 5.05.05 D.1 SPS = Same as Principal Structure [21-CPS-02133/1693084/2] Immokalee 7-Eleven CPUD PL20210001637 Last Revised: February 18, 2022 Page 2 of 9 Or, Words stricken are deletions; words underlined are additions. J 170 O _ Y 5 e K m -.- U ' a ce O W 3 a a a a e. 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( �ww (_ xol1- w<cob a❑UaWEi fa oZ L1J Jw Z } N I o �i3LLnz4�v~i O Iv 0 C CID W w W O a w I- W nO I ��► EL Ua 2 w z ( ,a I- r ii1 170 Y z N Q j g - s g P. 8 U , 0 ai z O N V $ $ C7K Vj' o Q r 0 W V ° 2 aJ 0w oZ Y Xx „ .. d o r z z .<w NO U O ° ° O d a d id $ ' 8 d d CI o d d 81.SH.8N LLI v, (~J) - 3o a N W > as o a y ffi 3 I 1 . ILt t *tz L Ji '- i1 X ca 57� Es �'a U L7 3 g y — �W O N Q w Iwo ? �Aan� $ r'�ij s F p co-. 0 0 p3 °�, W s s ssU w ar r J m a '$ as ,r O = CI W F- ZONNG: I3 03 0 m?ZI w C-4 co CURRENT USE L.L -_.'._._ SERVICE ICE STATIO __.--_..- f03NIVINIVIN 8 O3NMO 0—J N U A1Nf100L131T100) § �V ¢ 0 __ to A .09°9NIiSIX3 Nd?wa�� N j a p N O g 133aiS H16 N ce m 0 ,7 0 o ° ,�I .;, ��_ Q 6 L it Ina N __ F W 2 1 I I� CI I I-l� , - - 8 W YCYi ug =�W o'r8 c d mg ZQh - z2 �x N 'L = ( , xaz w3 p Zr) Z • .- 10 L �� a 0 W� oN g0 L I= Ays:l •.l�} ;� ou ZZ� g�. � 7i } o ¢h �'o� a: ' 7= ` O W C L M 77 t2 N .., t Er O cE O W ^ S .. I. Q 0 11 'A}`��I O a W g o z L. = Q Lt) 3�I i • l () w M i I L i C $0 N k it'0 O U W c W ffi L . LL ! Lc" 6i mated • IQ„I'' N N -L 0 w`�' �" r� y 2 I �c ~ 0zo w� w uQJ w 3 • I. \ w C) �� �� ' u) a g �uaa otoo z 0 Q) N uJ t~i j 3NOZ ONIOVOI w I' It w E cr as Ct o a cc w • A ` JNINlbd Nof21 2 4 w N M ,- OU_ • old • I' NI" > _, C\\ ti:.':v.s.vy,:.',). . c0 L '::i SEiEiEiE [ [[[ [[ Ef EE E E E E[[:::::: : :.' 1.0 COD 8 .O [ [ '. 1 w co C.) a .....:... . M o ? 1 ,� co co N O Z ui N1 . .. . - . . W in g " 3 w w C. O O I- z O J _ fl CO mo° N a W ° 3 w � U I �' Q P }} J z > �Z nF- t N O O cci CI) w U- n o z -4 '> aZ 0 U- w U ,. ..coo d WYGO Ww WOn•OJ.•J 1.omiiL error 14 wad-wood ann..1i L LVMiinT1i..261L.441 As. \O 171) EXHIBIT D LEGAL DESCRIPTION Immokalee 7-Eleven CPUD LOT 1 OF THE 7-ELEVEN #1045471 SUBDIVISION RECORDED IN PLAT BOOK 68 PAGES 65-66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. [21-CPS-02133/1693084/2] Immokalee 7-Eleven CPUD PL20210001637 Last Revised: February 18, 2022 Page 5 of 9 Words stricken are deletions; words underlined are additions. OVD 17D EXHIBIT E LIST OF DEVIATIONS Immokalee 7-Eleven CPUD 1. Deviation from LDC Section 4.02.32 B.2. — Specific Design Standards for the Immokalee—Main Street Overlay Subdistrict (MSOSD), which requires all properties within the Main Street Overlay subdistrict, having frontage on Main Street, First Street or Ninth Street, to locate all parking areas in the rear yard and/or in side yards; instead allow the parking to be located in front of the building, which faces W. Main Street. [21-CPS-02133/1693084/2] Immokalee 7-Eleven CPUD PL20210001637 Last Revised: February 18, 2022 Page 6 of 9 Words stricken are deletions; words underlined are additions. 17D EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS Immokalee 7-Eleven CPUD 1. PURPOSE The purposed of this Section is to set forth the development commitments for the development of this project. 2. GENERAL A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Creighton Companies, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. 3. TRANSPORTATION A. The maximum total daily trip generation for the PUD shall not exceed 157+/ 167+/- two-way PM peak hour net new trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. B. Vehicular and Pedestrian interconnection will be provided to the parcel to the west to allow access consistent with the conceptual PUD Master Plan. The final location of the access point will be coordinated with the adjacent property owner and a cross-access easement, or an access easement for public use without responsibility of maintenance by Collier County, will be provided at time of the first Site Development Plan or Plat. The connection and supporting infrastructure will be constructed to the property line by the developer or successors or assigns prior to the first Certificate of Occupancy. The interconnections shall remain open to the public. [21-CPS-02133/1693084/2] Immokalee 7-Eleven CPUD PL20210001637 Last Revised: February 18, 2022 Page 7 of 9 CAO Words stricken are deletions; words underlined are additions. 1 7 Q 4. ENVIRONMENTAL A. The project does not contain native vegetation; however, the CPUD will provide 30% open space as required by the LDC, or a minimum of 0.91 acres of open space will be provided. B. A tree survey of the property will be needed at the SDP or PPL review to evaluate if any trees on site meet the requirements of LDC 3.05.07 A.2. C. A black bear management plan will need to be included at SDP or PPL review. 5. POLLUTION CONTROL A. All dry detention areas must be completed with the bottom of the detention area set three feet above the seasonal high groundwater table elevation. If an alternative stormwater management system is proposed during SDP additional or alternative requirements may be necessary. B. All stormwater inlets must include the installation and maintenance of a hooded outfall to prevent petroleum hydrocarbons from entering the stormwater management system. C. Any reportable discharge as defined in chapter 62-780, FAC., shall be reported to the State Watch Office or FDEP Office of Emergency Response, and Collier County Pollution Control, no later than 24 hours after occurrence, and Emergency Response Actions as outlined in chapter 62-780, FAC. must commence within 24 hours of any reportable discharge. D. The proposed onsite Car Wash will be required to utilize a total recycle system and abide by all requirements and prohibitions listed in chapter 62-660.803 FAC. Equipment must be maintained and made available for review during annual inspection. 6. PUBLIC UTILITIES A. The developer shall connect to the Immokalee Water and Sewer District potable water system at locations determined by the Immokalee Water and Sewer District when capacity is available. B. The project shall connect to the Immokalee Water and Sewer District wastewater collection and conveyance system at locations determined by Immokalee Water and Sewer District when capacity is available. C. The project shall connect to the Immokalee Water and Sewer District Irrigation Quality water system at locations determined by Immokalee Water and Sewer District when capacity is available. 7. MISCELLANEOUS A. Pursuant to Section 120.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. [21-CPS-02133/1693084/2] Immokalee 7-Eleven CPUD PL20210001637 Last Revised: February 18, 2022 Page 8 of 9 Words stricken are deletions; words underlined are additions. 17D B. All other applicable state or federal permits must be obtained before commencement of the development. C. Mural painting is permitted on the building façade with frontage on N. 9th Street subject to LDC Section 2.03.07.G.7.e.xx. D. The facility will provide the necessary infrastructure and pre-wiring for generator service in case of emergencies, as required by LDC Section 5.05.05.1. E. Outdoor music and outdoor public address systems are prohibited, with the exception that the speaker system necessary for taking drive-thru orders is allowed. [21-CPS-02133/1693084/2] Immokalee 7-Eleven CPUD PL20210001637 Last Revised: February 18, 2022 Page 9 of 9 Words stricken are deletions; words underlined are additions. tf 17p FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State March 30, 2022 Ms. Martha S. Vergara, BMR& VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, Florida 34112 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2022-11, which was filed in this office on March 30, 2022. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270