HEX Final Decision 2019-41 HEX NO. 2019—41
HEARING EXAMINER DECISION
PETITION NO. CU-PL20190000124 - Collier Area Transit requests a Conditional Use to
allow a Transit Transfer Station facility within a Residential Single Family-3 (RSF-3)
zoning district pursuant to Section 2.01.03.G.1 of the Collier County Land Development
Code and an accessory food truck to the Transit Transfer Station facility, for an 8.84+/-
acre property located on the southwest corner of N. 1st Street and Immokalee Drive, in
Section 4, Township 47 South, Range 29 East, Collier County, Florida.
DATE OF HEARING: September 26, 2019
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section
10.08.00 D of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
This application is requesting a Collier Area Transit (CAT) Superstop and Transfer Facility with
accessory food services in the form of a single food truck in Immokalee. The CAT facility is
considered an essential service and typically, food services when provided are within structures.
This would be the first food truck operation as an accessory to a CAT facility in Collier County.
This site is centrally located and part of a larger site that already includes the health department
and public library, and nearby are the Immokalee High School, the David Lawrence Center and
the Immokalee Technical Center.
A Neighborhood Information Meeting (NIM) was held and various questions were raised and
responded to by the applicant. No letters of objection have been received and no members of the
public spoke other than the applicant's representatives at this hearing. Two letters of support
have been received from the Community Redevelopment Agency Advisory Board members.
DECISION:
Petition Number CU-PL20190000124, filed by Kenrick Gallander of RWA, Inc. representing
Collier Area Transit with respect to the property herein described, is hereby approved for a
conditional use to allow a Transit Transfer Station facility within a Residential Single Family-3
(RSF-3) zoning district pursuant to LDC Section 2.01.03.G.1, and an accessory food truck to the
Transit Transfer Station facility, in accordance with the Conceptual Site Plan described in
Exhibit"A", and subject to the condition(s) set forth below.
[19-CPS-01917/1501637/1] 1 of3
ATTACHMENTS: Exhibit "A"—Conceptual Site Plan
LEGAL DESCRIPTION: The Northeast '/4 of the Northeast '/4 of the Northeast '/4 of Section
4, 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. The CAT Immokalee Superstop and Transfer Station facilities shall be limited to that
which is depicted on the conceptual site plan as attached as Exhibit"A".
3. The transfer station shall only be used by customers, CAT fixed-route buses, paratransit
or supervisory vehicles.
4. The food truck operation is an accessory use and may not operate independently.
5. Only one food truck will be allowed to operate on site and in the area shown on the
attached site plan as Exhibit"A".
6. The hours of operation for the food truck will be consistent with the facility's hours of
operation.
7. No food truck will be located at the transit facility overnight.
8. No special designated seating or table service will be provided directly associated with
the food truck.
9. No signage, promotional activities, or advertising will be permitted on the site associated
with the food truck.
10. No specialized or ancillary lighting will be provided or allowed specific to the food truck
use except that used to ensure appropriate levels are provided throughout the transit
facility consistent with the Land Development Code (LDC).
11. Amplified music or sound associated with the food truck accessory use is prohibited.
12. A lease will be required between all applicable parties to ensure compliance with the
required conditions for a food truck to operate at this location.
13. Trash collection containers will be provided and emptied daily prior to closure.
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. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
[19-CPS-01917/1501637/1] 2 of
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURTS, 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.
/ 1
10 - Li- )q
Date M.rk Strain, Hearing Examiner
Approved as o form and legality:
Sa y . Ashkar
Assistant County Attorney
[19-CPS-01917/1501637/1] 3 of3
CURRENT USE:PUBLIC SCHOOL
ZONING DISTRICT:RSF-3 v,
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