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Hex Final Decision 2024-40HEX NO. 2024-40 HEARING EXAMINER DECISION DATE OF HEARING. July 119 2024 PETITION. Petition No. CU-PL20220001199 —Request for approval of Conditional Use No. 9 of the Heavy Commercial (C-5) Zoning District, as provided in Section 2.03.03.E.1.c of the Collier County Land Development Code (LDC), allowing for a hotel/motel located outside of an activity center and within the Immokalee Urban Overlay District-Immokalee Agribusiness Overlay Subdistrict (AOSD) and Airport Overlay (APO) on one acre located at 504 East Main Street, at the northeast corner of Jefferson Avenue and East Main Street, in Section 3, Township 47 South, Range 29 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The Petitioner seeks a Conditional Use approval to raze an construct a 3-story hotel with 38 rooms in compliance with standards. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. existing 15-unit motel and then current design and development 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 April 2, 2024, at 5:30 p.m. at Career Source SWFL Conference Room, 750 South Sth Street, Immokalee, FL 34142. No members of the public attended the meeting, which was subsequently terminated. 5. Hotels and motels are a permitted use within the C-5 zoning district when located within an activity center; however, a CU is required when located outside of an activity center. The Page 1 of 6 existing motel was developed in the early 1970s when hotels were permitted use within the Immokalee Area Planning District, 6. 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. 7. 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 determine that the conditional use is permissible in the applicable zoning district, and 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:I 1. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. The record evidence and testimony fiom the public hearing reflects that the property is located within the Urban Industrial District, Industrial Mixed -Use Subdistrict of the Immokalee Area Master° Plan. This subdistrict allows for° higher intensity commercial uses as described in the LDC (Ordinance 04-41, as amended) for Commercial (C-4 and C-5). The existing C-5 zoning is consistent with the Immokalee Area Master° Plan Future Land Use Map and Element. Objective 1.3 and Policy 1.3.1 discuss the promotion and expansion of tozrrisrn, ecotourism, recreation, entertainment, and cultural oppol Litif ico ire Immokalee in order to diversify the Immokalee economy and improve quality of life. The redevelopment of the site with a greater number of tourism -driven motel units is consistent with this objective and policy of the Immokalee Area Master• Plan. Policy 5.1.2 discusses that land uses should be compatible within the community through adherence to the standards of the Land Development Code (LDC). The proposed redevelopment of the site will be in compliance with all design and development standards of the LDC. No deviations from the LDC standards are proposed Policy 5.6 of the FLUE states: Netiv developments shall be compatible 1-vith, and complimentar°y to, the surrounding land uses, as set fort7� in. the LDC. The proposed CU will not result in a netiv use, but rather a redevelopment of the property i'Mich has been continually in use as a motel for over 50 years into a larger and modern motel. The building crud site will be designed and developed in compliance ivith all requirements of the LDC, 1 The Hearing Examiner's findings are italicized. Page 2 of 6 including the site design and architectural standards, as i-vell as overlay zoning district requirements. The hotel's use remains compatible ivith the surrounding uses, which are all commercial in nature and commercially or industrially zoned. Policies 7.1 through 7.4 of the FLUE encourage vehicular interconnection and walkability. The subject property contains existing improvements and is being redeveloped. The corner property proposes interconnection to the north or east. To the north is an auto storage yard that has a locked and fenced access. To the east is an undeveloped industrially zoned property. Providing an interconnection to the undeveloped site is not feasible, as the location of fixture improvements on that adjacent site is unknotivn. The site does promote pedestrian walkability and tivill provide a sidewalk connecting from the building entrance to the sidewalk located itwithin the SR 29 right of vvay. County Zoning Stcrff stated that: "The proposed use is a permitted conditional use ti�ithin the G5 zoning district based on SIC codes 7011, 7021, and 7041 when located outside of an Activity Center per the Land Development Code. The application is consistent with the request for a conditional use and satisfies the Future Land Use Element Policies S. 6, 7.1, 7.21 7.3, and 7.4. " 2. 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 fi°om the pzxblic hearing reflects that access to the site is currently provided from two drivetivay connections on East Main Street and a single drivetivay on Jefferson Avenue. The proposed redevelopment will have no access to East Main Street and ivill have vehicular access from Jefferson Avenue only. A pedestrian sidewalk connection tivill be provided from the existing sidewalk in the East Main Street ROW to the netiv motel building. From the parking lot accessed from Jefferson Avenue a sidewalk will be provided internally to the site. The Conditional Use site plan depicts the proposed improvements, and the site tivill be constructed in full compliance with fire code standards for building and site safety. County Zoning Staff stated that: "Staff concurs with the applicant's assessment and supports eliminating vehicular• traffic, fi•ornEast Main Str°eet. " 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The record evidence and testimony from the public hearing reflects that the redevelopment of the site shozdd have r2o effect on neighboring proper•ties 1-with regard to noise, glare, economic impact, or odor. All surrounding properties are zoned and/or developed with commercial and industrial land uses. Page 3 of 6 County Zoning Staff stated that: "Staff believes the project will not generate additional glare, noise, or odors or otherwise create any adverse economic impacts on the neighborhood if staffs recommended conditions of approval are adopted as part of any approval. " 4. Compatibility with adjacent properties and other properties in the district. The record evidence and testimony from. the public hearing reflects that the redevelopment of the motel property for a new modern hotel use is compatible with the other properties in the district. All surrounding property is zoned or developed with commercial and industrial land uses. The proposed new 38-room motel will not be incompatible with adjacent properties and will be designed and developed in fill compliance with the LDC. County Zoning Stcrff stated that: "Based upon the findings above, staff believes that the project can be deemed compatible with the neighborhood subject to the conditions of approval. Additionally, thepetitioner will need to comply with all Federal, State, and other local regulations governing the use. " 5. Please provide any additional information which you may feel is relevant to this request. The record evidence and testimony ji°om the pzrblic hearing �°eflects that the property owner intends to coordinate with the Immokalee Community Redevelopment Agency (CRA) throughout the redevelopment of the site. A new facilitl) in compliance with LDC standards will be a benefit to the Immokalee community. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION. Pursuant to LDC Section 8.06.03 O.1 Powers and Duties, the EAC did not review this petition because the site is already developed; therefore, no EIS was required. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY. Future Land Use Element (FLUE): The subject property is designated Urban Industrial District and Industrial -Mixed Use Subdistrict (I -MU) as identified in the Immokalee Area Master Plan (IAMP) and on the Immokalee Future ,and Use Map of the Collier County Growth Management Plan (GMP). County Staff determined that the subject petition is consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: In evaluating this project, staff reviewed the applicant's March 1, 2024 (revised) Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2022 and the 2023 Annual Update and Inventory Reports Page 4 of 6 (AUIR). Therefore, based on the TIN and the 2023 AM , 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 &Coastal Management Element (COME): Environmental review staff has found this proj ect to be consistent with the Conservation &Coastal Management Element (COME). The project site has been cleared and maintained clear of native vegetation; no preservation is required. GMP Conclusion: Based upon the above GMP policy review, the petition is consistent with the GMP . 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 No. CU-PL20220001199, filed by D. Wayne Arnold, AICP of Q. Grady Minor & Associates, representing Nhanta, LLC, with respect to the property legally described as 0.93± acres located at 504 East Main Street, at the northeast corner AJefferson Avenue and East Main Street, in Section 3, Township 47 South, Range 29 East, Collier County, Florida, for the following: • A Conditional Use No. 9 of the Heavy Commercial (C-5) Zoning District, as provided in Section 2.03.03.E.1.c of the Collier County Land Development Code (LDC), allowing for a hotel/motel located outside of an activity center and within the Immokalee Urban Overlay District-Immokalee Agribusiness Overlay Subdistrict (AOSD) and Airport Overlay (APO). Said changes are fully described in the Zoning Map attached as Exhibit "A" and the Conceptual Site Plan attached as Exhibit "B" and are subject to the conditions) set forth below. ATTACHMENTS. Exhibit A —Zoning Map Exhibit B —Conceptual Site Plan Page 5 of 6 LEGAL DESCRIPTION. The subject property comprises 0.93f acres and is located at 504 East Main Street, at the northeast corner of Jefferson Avenue and East Main Street, in Section 3, Township 47 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. Maximum number of hotel rooms is limited to 38. 3. Outdoor amplified sound is not permitted unless permitted under a Temporary Use Permit for a special event. 4. The maximum total daily trip generation shall not exceed 22 two-way PM peak hour net trips based on the use codes in the FTE Manual on trip generation rates in effect at the time of any future application for SDP/SDPA or subdivision plat approval. 5. Project site light poles, structures, and fixtures will be shielded away from residential property lines. 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. 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. 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, August 7, 2024 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 6 of 6 EXHIBIT "A" a N l -3 (1a la)PeW MaN — — ------ UU 0 0^ m MO 0� 0 -- -- — 3 3Ad-uoSia}la� -- - 0 Q W o I ^ 3 uosJagar of m ul) Vi V W v d 4° J 1 ^ O� awaa — —+ — i yAt f It Q uox� HQ tuo.caj, 0 _ 21FQ [c LIS fill b N w ; a A OIC pIL am �t5 a 44 IS PUZ P3 CU-PL20220001199 Immokalee Main Street Hotel Page 2 of 11 06/25/2024 0 a 14 ZONED: C-5-AOSD 10' WIDE TYPE 'A' USE: INDUSTRIAL LANDSCAPE BUFFER C� U W � Q � - z° J- 01 f NN w LOADING LL W o W � j 10' WIDE TYPE'D'---�� 18 24' LANDSCAPE BUFFER PROPERTY LINE/ r R.O.W. HOTEL/MOTEL 3 STORIES �[ 35' ZONED [ HEIGHT f 15' WIDE TYPED' LANDSCAPE BUFFER COURTYARD DUMPSTER 10' WIDE TYPE W LANDSCAPE BUFFER Q Q QO� z W = w z T D Z z z O TREE 41 _ N W I 7) 15' BLDG. SETBACK TREE 4I TREE 6'I I` PROPERTY LINE II 10' WIDE TYPE 'A' =4' LANDSCAPE BUFFER C Q zz W IRE 4' Q J am Q O W TrcgE 12 Q U) W L'�o U Z Z � W = W ALU 9Z W O N — PALM 16" 6' HIGH CONC. WALL E MAIN ST STATE ROAD 29 (PUBLIC) Q. CrUJy Atinur anJ \asurl;llrv. r'_\. GradyNlinor ;Innis \In nEl Iry FlwJta Sprin Ca, IIurIJa 31131 Civil Engineers Land Su1ve\ors Planners Landscape Architects I:rrt of Autb. rile IMI 151 Cut of Au10, 1,11000..5 inl 11u11n1sr D' 2nlllul2nn Bonita Sprl1113s: '239'947.1144 guru. Grady Minor. rom Port\1�crs: 239.690.43110 15' WIDE TYPE 'D' LANDSCAPE BUFFER IMMOKALEE MAIN STREET HOTEL CONDITIONAL USE CONCEPTUAL SITE PLAN REVISED MARCH 29, 2024 N 0 20' 40' SCALE: 1" = 40' WHEN PLOTTED @ 8,5" X 11' CODE FlLE NAME: P\'CEPR41 SrtE OF DUN -RI ; SHEET I 1 � SITE INFORMATION: ZONING: C-5—AOSD SITE AREA: 0.97± ACRES MAXIMUM ROOMS: 38 UNITS OPEN SPACE (NOT REQUIRED PRESERVE (MINIMUM REQUIRED: 0± ACRES (0 ACRES X .25) NO NATIVE VEGETATION EXISTS ON SITE PROVIDED: 0± ACRES SETBACKS (MINIMUM): FRONT YARD: SIDE YARD: ZONED BUILDING HEIGHT: PRINCIPAL STRUCTURE: 25 151 35 FEET, 3 STORIES PARKING SPACES: REQUIRED: 41.8 SPACES (11 PER 10 GUEssD I S) PROVIDED: 44 SPACES (INCLUDING 2 H/C SPACES) NOTES: ACCESSORY STRUCTURE PER LDC PER LDC 1. ALL ON —SITE LIGHTING SHALL BE SHIELDED AND DIRECTED AWAY FROM ADJOINING PROPERTIES. 2. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 3. PARKING SPACES TO BE DESIGNED IN ACCORDANCE WITH LDC SECTION 4,05.02. ©GradyNlinor Civil GngiMCI S Land SIII'veti01'S Planners :tit . if Amn.1:11MII151 Cert.m.wm.I.unnavrl 0. cr;ruv nnnu�a��J \...orl;+n•a. e.\. nllllll \lo Ih�l Kry' Fl�ui;a SrrinR�, fluriJa 31131 Landscape Architects nu.mr.<, rr.2r1>nmrr IMMOKALEE MAIN STREET HOTEL CONDITIONAL USE CONCEPTUAL SITE PLAN NOTES REVISED MARCH 29, 2024 f0E CODE: Nsn )AR A�LIIS) ].1, 10 IIE HANE: on Ean)u srtr ruu-n &utlla Spl inys: 2S!1.9a7.l Na i11,11 r.9dy Ili nnn rainPurt \leer,: 29a.lin0A311n l (SHEET 2 OF 2