HEX Final Decision 2024-13HEX NO. 2024-13
HEARING EXAMINER DECISION
DATE OF HEARING.
February 8, 2024
PETITION.
Petition No. CU-PL20230012220 — 414 New Market Road West -The Immokalee Water and
Sewer District requests the approval of a Conditional Use (CU) to allow an essential service,
an administrative office and payment center with drive-thru, pursuant to Section 2.01.03.G
of the Land Development Code at 414 New Market Road West for those portions of the 2.23±
acre development that are in a Residential Multi-Family-6 (RMF-6) Zoning District. The
development is bounded by New Market Road West, Flagler Street, and Madison Avenue
West, requiring the CU are Lots 3-6, Newmarket Subdivision, in Section 33, Township 46
South, Range 29 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner seeks a Conditional Use approval to allow an essential service, an administrative
office and payment center with a drive-thru, pursuant to Section 2.01.03.G of the Land
Development Code (LDC) for those portions of the 2.231 acre development that are in a
Residential Multi-Family-6 (RMF-6) Zoning District,
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(3) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The applicant conducted a NIM on October 16, 2023, at 5:30 p.m. at the Immokalee
Community Park Conference Room, 321 North 1st Street, Immokalee, FL 34142. Attendance
was limited to representatives of Johnson Engineering, the Immokalee Water & Sewer District,
and County staff. The meeting was terminated at 6:00 P.M. with no public attendance.
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5. The public hearing was conducted in the following manner: the County Staff presented the
Petition followed by the Petitioner, and/or Petitioner's representative, public comment and then
rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the
public hearing.
6. The County Code of Ordinance Sec. 2-87(3)(a) directs the Hearing Examiner to review this
minor conditional use amendment by the Land Development Code Section 10.008.1) criteria.
The Hearing Examiner shall make a decision of approval, approval with conditions, or denial
of the minor conditional use. The Hearing Examiner's decision of approval or approval with
conditions shall find that the granting of the conditional use will not adversely affect the public
and any specific requirements pertaining to the minor conditional use have been met by the
petitioner. Further, that satisfactory provision and arrangement has been made for the
following matters, where applicable: r
1. Section 2.01.03.G.1.e of the LDC permits certain essential service facilities as
conditional uses in the RMF-6 zoning district.
The record evidence and testimony,fi°om the pzrblic hear°ing reflects that the requested use
for an Essential Service Government Facility further described as an administrative office
and payment center with a drive-thru for the Immokalee Water and Sewer District, is
expressly allowed as a conditional use within the RMF-6 zoning district per LDC section
2.01.03. G.1. e.
2. Consistency with the Land Development Code (LDC) and the Growth Management
Plan (GMP).
The r°ecord evidence and testimony from the pZtblic hearing reflects that this proposal is
consistent lvith the applicable provisions of the future land use element (FLUE) and the
Transportation Element of the GMP; therefore, the petition is consistent with the
Immokalee Area Master Plan and the overall GMP. Comprehensive Planning staff
deferred to Zoning staffto determine compliance with FLUE Policy 5.6. The subjectproject
is located within the Immokalee Planning Comm2nhy, as identified within the GMP. The
Immokalee Redevelopment Plan identifies that the site within the Triangle neighborhood
is the beneficiary of a multi -million -dollar Federal TIGER grant to help fiend sidewalk and
lighting improvements, including a 5 foot sidewalk to be constructed along the Madison
Avenue West frontage. A new four -lane road is also proposed to route traffic around the
Triangle neighborhood to divert heavier traffic off New Market Road and onto the new
SR129 bypass route. This may affect the amount of traffic found on this portion. of New
Market Road West, thits making this site more appropriate for lower intensity uses such as
the proposed administrative office.
The bnmolcalee Area Master Plan designation of C-MU is intended to provide for
pedestl•ian-scaled, higher -density r°esidnntial and mixed -use development, employrnent and
recreational opportunities, cultural and civic activities, and public places to serve
1 The Hearing Examiner's findings are italicized.
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residents of and visitors to the bnmokadee Urban Area. Nonresidential uses allowed vnithin
this subdistrict include those uses allowed in the C-1 through C-4 zoning districts per the
,DC. As the proposed use was found allot -sable by the C-MUsubdistrict, it is justifiable to
state the proposal is consistent vnith the Immokalee Area Master Plan. With the conditions
of approval included by staff, the proposal may also be consistent with all the applicable
provisions of the LDC.
3. Ingress and egress to the property and proposed structures, particularly toward
automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
The record evidence and testimony from t7�e public hearing reflects that currently, there is
only one point of access to the property off New Market Road West, which is both the
r.'ngress and egress of the site. The proposal seeks to keep this access and introduce tvno
neiv points of egress and one point of ingress, all on separate rights -of --way. This design
aims to minimize conflict beh4)een pedestrians, bicyclists, employees, and customer
vehicular traffic to maximize circulation through the site. The primary access off Nevn
Market Road West is for pedestrians, bicyclists, and vehicular traffic. The sidewalk will
allow both bicyclists and pedestrians direct access to the entrance of the building and the
drivel -nay, which connects to a drive-thrit lane and public parking lot at the fi°ont of the
building, providing direct access to the building. The connection to Flagler Street is egress
only, allowing only those utilizing the drive-thru to exit the site safely. The third connection
point is off Madison Avenue West and is intended only for employees and those with
security clearances, such as emergency services, in the fenced and secured area.
Emergency services vnill have access to the site from all bordering rights -of --way.
Transportation Planning staff indicates that they have reWevned this petition and
determined that there are no outstanding issues concerning vehicular access and traffic
control, as shown in the Conceptual Site Plan.
4. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
The record evidence and testimony fi°om the public hecn�ing reflects that it is anticipated
that noise impacts to the surrounding property crre minimal, pr•inuarily vehicular noise from
the public visiting the site to conduct business. The proposed use of an administrative office
and payment center with a dr Ne-thru is a loiv4ntensity use, whereas the most intensive
activity, the drive-thru and vehicle stacking line, is proposed to be positioned away fi°om
residential areas and largely shielded by the building itself. There is no anticipation of
odor, glare, or economic impact on the surrounding property). County expert staff
expressed in their report that the project vnill not generate additional glare, noise, or odors
or otherilOse create any adverse economic impacts on the neighborhood if the
recommended conditions of approval are adopted as part of any arpproval.
5. Compatibility with adjacent properties and other properties in the district.
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The record evidence and testimony from the public hearing reflects that the subject
development is located within him zoning districts, RMF-6 and C-4/JACOSD, surrounded
by various commercial, residential, and agricultural uses and is on the transitional line
behi)een multiple zoning districts. The properties to the West and South are zoned C-4
/JACOSD and consist of uses such as a fraternal organization hall, coin laundromat, hair
salon, gas station, pailm shop, a strip mall, and other various commercial uses and vacant
lots. Properties to the North and East are zoned A -MHO, RSF4, and RMF-6 and primarily
consist of residential homes, agricultural crops, and vacant areas. The proposed use and
site are compatible with the surrounding areas and land uses. County expert planning staff
expressed that the project can be deemed compatible i4th the neighborhood subject to the
conditions of approval. Additionally, the petitioner Will need to comply 1-vith all Federal,
State, and other local regulations governing the use.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition
because the site is already developed; therefore, no EIS was required.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner, County staff and any given by
the public, the Hearing Examiner finds that there is enough competent, substantial evidence as
applied to the criteria set forth in Section 10.08,00.1) of the Land Development Code to approve
this Petition, and that approval of this petition with conditions will not adversely impact the public.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number CU-PL20230012220, filed by
Amanda Martin, AICP of Johnson Engineering, Inc., representing the owner J & B Rentals of
Immokalee, LLC and contract purchaser Immokalee Water & Sewer District with respect to the
properties described as 2.23± acres located at 414 New Market Road West, which is bounded by
New Market Road West, Flagler Street, and Madison Avenue West; requiring the CU are Lots 3-
6, Newmarket Subdivision, in Section 33, Township 46 South, Range 29 East, Collier County,
Florida, for the following:
• A Conditional Use (CT ) to allow an essential service, an administrative office and payment
center with adrive-thru, pursuant to Section 2.01.03.G of the Land Development Code
(LDC) for those portions of the 2.23± acre development that are in a Residential Multi-
Family-6 (RMF-6) Zoning District.
Said changes are fully described in the Conceptual Site Plan attached as Exhibit "A" and
Conditions of Approval attached as Exhibit "B", and are subj ect to the conditions) set forth below.
ATTACHMENTS.
Exhibit A — Conceptual Site Plan
Exhibit B — Conditions of Approval
LEGAL DESCRIPTION.
2.y New Market Road West,
Flagler Street, and Madison Avenue West; requiring the CU are Lots 3-6, Newmarket Subdivision,
in Section 33, Township 46 South, Range 29 East, Collier County, Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. The maximum total daily trip generation for the Conditional Use shall not exceed 147 two-
way PM peak hour net 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.
3. The administrative building and its drive -tlu•u shall only operate and is open to the public
Monday through Saturday from 8:00 am through 5:00 pm. However, monthly Immokalee
Water Sewer District board meetings, special workshops or hearings are allowed until 9:30
pm. The office may operate 24-hours per day in the event of a natural disaster or
emergency.
4. Parking lot lighting shall satisfy Land Development Code requirements at the time of SDP.
5. A Type B buffer with a 6-foot masonry, concrete or pre -fabricated concrete wall shall be
provided along the northwestern property line where the site abuts existing residential uses.
6. No hazardous materials will be handled, stored or produced on the site in accordance with
Land Development Code Section 3.06.12.
DISCLAIMER.
Pursuant to Section 125.022(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.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
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RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
March 8, 2024
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
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Conditions of Approval
The approval of this conditional use is subject to the following condition(s):
1. The maximum total daily trip generation for the Conditional Use shall not exceed 147 two-
way PM peak hour net 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.
2. The administrative building and its drive -thru shall only operate and is open to the public
Monday through Saturday from 8:00 am through 5:00 pm. However, monthly Immokalee
Water Sewer District board meetings, special workshops or hearings are allowed until 9:30
pm. The office may operate 24-hours per day in the event of a natural disaster or emergency.
3. Parking lot lighting shall satisfy Land Development Code requirements at the time of SDP.
4. A Type B buffer with a 6-foot masonry, concrete or pre -fabricated concrete wall shall be
provided along the northwestern property line where the site abuts existing residential uses.
5. No hazardous materials will be handled, stored or produced on the site in accordance with
Land Development Code Section 3.06.12.
IWSD Administraive Office Conditional Use Conditions _ w .
November 2023 Page 1 of 1 ENGINEERING