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Agenda 03/24/2020 Item #17F (Resolution - Petition PL20180003276)03/24/2020 EXECUTIVE SUMMARY This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to adopt a Resolution of the Board of Zoning Appeals of Collier County, Florida, granting a parking exemption under Land Development Code Section 4.05.02.K.3 to allow off-site parking for a fast- food restaurant on a contiguous lot zoned Residential-Single-Family-5 (RSF-5). The subject property is located on the southeast corner of Immokalee Drive and State Road 29 in Immokalee, in Section 4, Township 47 South, Range 29 East, Collier County, Florida (PL20180003276) OBJECTIVE: To have the Board of County Commissioners as the Board of Zoning Appeals (Board) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition, render a decision regarding this rezoning petition, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The applicant, MTMC, Inc. is working together with McDonalds Corporation to redevelop the existing McDonalds restaurant located at the SE corner of SR 29/N 15th Street and Immokalee Drive (Parcel ID Numbers 121760009 and 121720007). The principle of MTMC, Inc. is the franchise/operator of the existing McDonalds restaurant. With the consent of McDonalds Corporation, MTMC, Inc. has requested a Parking Exemption for a proposed off-site parking lot on two contiguous residentially zoned property, known as 1415 Immokalee Drive (Parcel ID Numbers 121680008 and 127655105). The properties subject to this Parking Exemption request are currently vacant and are primarily zoned RSF-5; the western 50’ +/- of the parcels and the existing McDonalds are within the General Commercial (C-4) zoning district and the State Road 29 Commercial Overlay Subdistrict (SR29COSD). As illustrated on the Parking Exemption Conceptual Site Plan, the redeveloped site will be located on the combination of these four parcels totaling 1.87-acres. The new McDonalds restaurant will continue to be located on the commercially zoned property. The residentially zoned portion of the combined property will be used for parking (17 spaces), stormwater management, and landscaped buffers. The parking area will be approximately 10’ to the residential property to the south and 100’ to the residential property to the east. The Parking Exemption Conceptual Site Plan has been included as Attachment B. Additionally, Section 5.03.02 H of the Land Development Code (LDC) requires the applicant to construct a concrete or masonry fence or wall on the (commercial property) to screen it from the adjacent residential use. The applicant submitted an Administrative Fence Waiver application and was approved a deviation from the wall requirement (AFW-PL20190002345). (See Attachment C) FISCAL IMPACT: The parking exemption by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build-out, will maximize its authorized level of development. However, if the parking exemption is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected 17.F Packet Pg. 1713 03/24/2020 prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property for the requested parking exemption is in the Urban Residential Subdistrict land use classification on the County’s Future Land Use Map (FLUM). It is also located within the Commercial Subdistrict, Low-Density Residential Subdistrict, and is also located within the Urban Infill Overlay as shown on the Immokalee Area Master Plan. These land - use categories are designed to accommodate a variety of uses. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. The GMP does not address parking exemption requests and the Comprehensive Planning Section leaves this determination to the Zoning Section as part of the LDC review and analysis per Section 4.05.02 K.3. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PE-PL20180003276 on February 25, 2020 and by a vote of 7 to 0 recommended to forward this petition to the Board of Zoning Appeals with a recommendation of approval subject to staff’s conditions of approval and the following changes: 1. The Parking Exemption area is limited to improvements shown on the attached Conceptual Site Plan; and 2. The parking within the Parking Exemption area will be only paved surface parking; and 3. No trash containers or enclosures shall be permitted in the Parking Exemption area. 4. The enhanced buffers along the eastern and southeastern perimeters abutting residentially zoned lands shall be landscaped as follows: - 7 Canopy trees and a 5-foot-high double row hedge on the southeastern perimeter. - 12 Canopy trees and a 5-foot-high double row hedge on the eastern perimeter. LEGAL CONSIDERATIONS: Petitioner is requesting a Parking Exemption under LDC §4.05.02.K.3. The attached staff report and recommendations of the Planning Commission are advisory only and are not binding on you. Decisions regarding Parking Exemptions are quasi-judicial. As such this item requires ex parte disclosure, and all testimony given must be under oath. The Petitioner has the burden to prove that the proposed Parking Exemption is consistent with all the criteria set forth below, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied in LDC §4.05.02.K.3. Should you consider denying the Parking Exemption, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Approval of this request requires three affirmative votes of the Board (majority vote). Criteria for Parking Exemptions 1. Whether the amount of off-site parking is required by sections 4.05.04 G. and 4.05.09, or is in excess of these requirements. 2. The distance of the farthest parking space from the facility to be served. 3. Pedestrian safety if the lots are separated by a collector or arterial roadway. 4. Pedestrian and vehicular safety. 17.F Packet Pg. 1714 03/24/2020 5. The character and quality of the neighborhood and the future development of surrounding properties. 6. Potential parking problems for neighboring properties. 7. Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. 8. Whether vehicular access shall be from or onto residential streets. 9. Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. 10. Whether the off-site parking area will be used for valet parking. 11. Whether the off-site parking area will be used for employee parking. 12. Whether there are more viable alternatives available. This item has been approved as to form and legality, and requires a majority vote for Board approval.- SAA RECOMMENDATION: The Zoning Division staff concurs with the recommendation of the CCPC, which is reflected in the attached Resolution, and recommends that the Collier County Board of Zoning Appeals approve the applicant’s request for a Parking Exemption. Prepared by: Timothy Finn, AICP, Principal Planner, Zoning Division. ATTACHMENT(S) 1. Staff Report Immokalee McDonalds (PDF) 2. Attachment A - Resolution - 020520(2) (PDF) 3. Attachment B - Conceptual Site Plan (PDF) 4. [Linked] Attachment C - Application and back up materials (PDF) 5. Legal Ad - Agenda ID 11204 (PDF) 17.F Packet Pg. 1715 03/24/2020 COLLIER COUNTY Board of County Commissioners Item Number: 17.F Doc ID: 11204 Item Summary: This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to adopt a Resolution of the Board of Zoning Appeals of Collier County, Florida, granting a parking exemption under Land Development Code Section 4.05.02.K.3 to allow off-site parking for a fast-food restaurant on a contiguous lot zoned Residential-Single-Family-5 (RSF-5). The subject property is located on the southeast corner of Immokalee Drive and State Road 29 in Immokalee, in Section 4, Township 47 South, Range 29 East, Collier County, Florida (PL20180003276) Meeting Date: 03/24/2020 Prepared by: Title: – Zoning Name: Tim Finn 02/21/2020 1:24 PM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 02/21/2020 1:24 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 02/25/2020 12:01 PM Zoning Ray Bellows Additional Reviewer Completed 02/25/2020 4:15 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 02/25/2020 6:09 PM Growth Management Department James C French Deputy Department Head Review Completed 02/27/2020 1:52 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 03/02/2020 4:26 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/02/2020 4:40 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/03/2020 8:00 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/11/2020 8:02 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/14/2020 3:03 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM 17.F Packet Pg. 1716 C-ovmty TO: FROM: STAFF REPORT COLLIER COUNTY PLANNING COMMISSION ZONING DIVISION - ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: FEBRUARY 20.2020 SUBJECT:PE-PL2O 1 8OOO327 6 PARKING EXEMPTION: IMMOKALEE McDONALD,S PROPERTY O ENT: Owner/Applicant: MTMC,Inc. 1855 Veterans Park Dr, Suite 203 Naples, FL 34109 Agent: Clay C. Brooker Cheffu Passidomo, PA 821 Fifth Avenue, South Naples, FL 34102 REOUESTED ACTION: The applicant seeks approval for a Parking Exemption Application (PE) to allow for off-site parking on an abutting and contiguous parcel zoned RSF-5, Residential Single-Family, located directly east of the McDonald's property. The McDonald's, located at 420 N 15th Street, is undergoing a major renovation (associated SDPA, PL20180003077) and is seeking to extend the surface parking lot onto the adjacent properfy, which has split zoning of C-4ISR29COSD and RSF- 5. The parking is considered off-site because of the underlying residential zoning designation; however, the project area is one contiguous site and will be developed as a single project. GEOGRAPHIC LOCATION: The subject property is a residentially zoned lot and is located on the south side of Immokalee Drive, east of North 15th Street, Section 4, Township 47 South, Range 29 East of Collier County, Florida (see location map, page 2). PE-P1201 80003276, lmmokalee McDonalds Revised: February 7, 2020 Page 'l of 10 AGENDA ITEM 9.A.2 17.F.1 Packet Pg. 1717 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption) IJJals EtolPelgaA1S eglssulod l! I 11 *Ec$i5 oo^orrotol YT-=------1TEEEaE I E o-(U o) .ccoN (o F-N (f) Ooo @ oNJ(L Uo -o Elz c .o o(L - ----a - o- (E Eo (EooJ PE-PL201 80003276, lmmokalee lMcDonalds Revised: February 7, 2020 t.) _-.------_------ I .LS Blorpcl9 .LS E!llJsu!od t a t:f .I s rttuN a z eqJ _l "lai ll EIei I E. I ffi _kn I i, ll 2 :r,i I rs[ouru,'s .,iil5l JLrs {t9 ----IST|EIT- Bnl JIT l!od t2iroU'E Eg Page 2 of 1017.F.1Packet Pg. 1718Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption) PURPOSE/DESCRIP TION OF PROJECT: The applicant, MTMC, Inc. is working together with McDonalds Corporation to redevelop the existing McDonalds restaurant located at the SE comer of SR 29Ai 15th Street and Immokalee Drive (Parcel ID Numbers 121760009 and 121720007). The principle of MTMC, Inc. is the franchise/operator of the existing McDonalds restaurant. With the consent of McDonalds Corporation. MTMC, Inc. has requested a Parking Exemption for a proposed off-site parking lot on two contiguous residentially zoned property, known as 1415 Immokalee Drive (Parcel ID Numbers 121680008 and 127655105). The properties subject to this Parking Exemption request are currently vacant and are primarily zoned RSF-5; the western 50' +l- of the parcels and the existing McDonalds are within the General Commercial (C-a) zoning district and the State Road 29 C ommercial Overlay Subdi strict (SR2 9CO SD). As illustrated on the Parking Exemption Conceptual Site Plan, the redeveloped site will be located on the combination of these four parcels totaling 1.87-acres. The new McDonalds restaurant will continue to be located on the commercially zoned property. The residentially zoned portion of the combined property will be used for parking (17 spaces), stormwater management, and landscaped buffers. The parking area will be approximately l0' to the residential property to the south and 100' to the residential property to the east. The Parking Exemption Conceptual Site Plan has been included as Attachment B. Additionally, Section 5.03.02 H of the Land Development Code (LDC) requires the applicant to construct a concrete or masonry fence or wall on the (commercial property) to screen it from the adjacent residential use. The applicant submitted an Administrative Fence Waiver application and was approved a deviation from the wall requirement (AFW-PL20190002345). (See Attachment c) SURROUNDING LAND USE AND ZONING: North: South: East: West: PE-PL20 1 8000327 6, lmmokalee McDonalds Revised: February 7, 2020 Walgreens and single-family residential, zoned C-4ISR29COSD and RSF-5 Vacant, zoned C-4/SR29COSD and RSF-5 Vacant, zoned RSF-5 Mobile home park, zoned MH (opposite side of SR29A.{orth 15'h S0 Page 3 of 10 17.F.1 Packet Pg. 1719 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption) Aerial Map GROWTH MAN AGEMENT PLAN (GMP) CONSISTENCY: The subject property for the requested PE is in the Urban Residential Subdistrict land use classification on the County's Future Land Use Map (FLUM). It is also located within the Commercial Subdistrict, Low-Density Residential Subdistrict, and is also located within the Urban Infill Overlay as shown on the Immokalee Area Master Plan. These land-use categories are designed to accommodate a variety of uses. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. The GMP does not address parking exemption requests and the Comprehensive Planning Section leaves this determination to the Zoning Section as part of the LDC review and analysis per Section 4.05.02 K.3. PE-PL20 1 8000327 6, I mmokalee McDonalds Revised: February 7, 2020 McDonalds Rodevdopmflt Site Parkif,g Exerplion Area Page 4 of 10 vu uraa y Iwil f: **i 'rtl - r' H' l* ,Ji:' [! l.J r lr I .t / t at9 I t IIi p E I-*l. ,n* un'ri t ?1 ffi6ffi1 t ;jfl E--I aF I^t, rilrq / T I -f ,J ! \d J at,;rfl, -3 1 t i rT r \ I j, a I 17.F.1 Packet Pg. 1720 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption) STAFF ANALYSIS: ZoningReview: In accordance with Section 4.05.02K3.a.(2) of the LDC, an applicant may seek a parking exemption when off-site parking is requested for land not zoned for commercial use. The Zoning Division has completed a review of parking exemption criteria from Section 4.05.02 K.3.b. of the LDC for consideration by the Planning Commission and Board of ZorungAppeals for a potential determination, and responses to each criterion are below: (I) Whether the amount of off-site parking is required by sections 4.05.04 G. and 4.05.09, or k in excess of these requirements. The additional 17 parking spaces within the residentially zoned portions of the site are necessary to meet the minimum parking requirements of Section 4.05.04 G. and 4.05.09. Per the companion SDPA application (PL20180003077),the 5,206 square foot/100 seat restaurant requires 6l parking spaces, and the development is proposing 61 parking spaces. (2) The distance of the forthest parktng space from the facility to be served. The concept plan provided by the applicant (see Attachment A) clearly details the spatial dimensions of the proposed parking exemption area and the concept building. The furthest parking space to the building is approximately 175 feet to the nearest entrance of the proposed building. The applicant has proposed a reasonable maximum distance from the building to the farthest parking space. (3) Pedestrian safety if the lots are separated by o collector or arterial roadway. The proposed parking exemption area is not separated by a collector or arterial roadway. All pedestrian traffic from the parking spaces to the building are within the subject property without the need to cross any public or private right-of-way. (4) Pedestrian and vehicular safety. Based on the proposed design of the parking area by the applicant, there does not appear to be any pedestrian or vehicular safety issues. The conceptual site plan shows internal sidewalks. It should be noted that pavement markings outlining pedestrian walkways may be stipulated to site development permitting. (s)The character and quality of the neighborhood and the future development of s urro unding prop erties. The Zoning Division does not believe that the proposed parking exemption would negatively affect the character and quality of the neighborhood. It does not appear that the future development of surrounding properties would be negatively affected. A 15-foot Type B is proposed along the residential property boundaries to the south and east. PE-P1201 80003276, lmmokalee McDonalds Revised: February 7, 2020 Page 5 of 10 17.F.1 Packet Pg. 1721 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption) (6) Potential parking problemsfor neighboring properties. The proposed parking exemption does not appear to present potential parking problems for neighboring residential properties. As it relates to parking availability only, the proposed concept plan appears to ameliorate the existing conditions and provide more parking at the project location site. (7) Whether the internal trofficflow is required to leove the site to reach the proposed offsite parking. The project does not require vehicles to leave the commercial site to reach the proposed off-site parking. The off-site parking area is contiguous to the commercial development; all parking is located internal to the development project, which is accessible to vehicular traffic from SR29A{orth i5th Street and Immokalee Drive. (8) Whether vehicular access shall befrom or onto residential streets. None of the proposed access to the parking exemption area is or onto residential streets. Access to the parking exemption area is through the existing commercial site. Access points are limited to SR29A'{orth 15th Street, which is a commercial corridor and Immokalee Drive. Immokalee Drive is a local road that serves both commercial and residential uses; however, the access point from Immokalee drive is within the commercially zoned portion of the property. (9) Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. The proposed concept development plan shows a l5-foot Type B buffer for the residential properties to the south and east. The applicant proposes to reduce the southern 15-foot wide buffer to l0-feet as allowed by LDC Section 4.06.02 D.4. for approximately 30' and provide compensating area along the same buffer. Section 5.03.02 H.1 of the LDC requires nonresidential uses to provide a six-foot tall concrete or masoffy wall or fence when adjacent to residential zoning districts. The applicant submitted and received approval for an Administrative Fence Waiver (AFW-PL20190002345) to provide an enhanced landscape buffer in lieu of constructing the wall. A copy of the AFW is included in Attachment C, Backup Material. (10) lYhether the off-site parking area will be usedfor valet parking. f'he off-site parking will not be used for valet parking. (11) Whether the off-site parking area will be used for employee parking. The applicant has indicated that the off-site parking exemption area will primarily be used for employees. PE-P1201 8000327 6, I mmokalee McDonalds Revised: February 7, 2020 Page 6 of 10 17.F.1 Packet Pg. 1722 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption) (12) ll'hether there are more viable alternatives available. The Zoning Division finds that the proposed parking exemption site configuration is the best altemative for the proposed parking area. Section a.05.02(3)(c); Off-street parking areas must be accessible from a street, alley or other public right-of-way and all off-street parkingfacilities must be so aruanged that no motor vehicle shall have to back onto any street, excluding single-family and two-family residential dwellings and churches opproved under section 2.3.16. In accordance with LDC requirements, the parking lot has been designed so that motor vehicles would not be required to back into any abutting public right-of-way. The parking calculations table provided on the companion Site Development Plan Amendment (PL20180003077) indicates that the proposed McDonald's redevelopment meets the required number of parking spaces per Sections 4.05.04, 4.05.06, and4.05.07 of the LDC. PARKING INFORMATION: PARKING REQUIRED USE TYPE: -t spAcE pER 70 sF FoR puBLrc usE AREAS TNCLUDTNG ourDooR EATTNG AREAS, OR 1 PER 2 SEATS, WHICHEVER IS GREATER, AND 1 PER 2OO SF FOR NON PUBLIC USE AREAS (3,124 SF / 70 SF = 44 SPACES) + (2,082 SF / 200 SF = 11 SPACES) = 55 PARKING SPACES (100 SEATS / 2 = 50 SPACES) + (2,082 SF / 200 SF = 1 1 SPACES) = 61 PARKTNG SPACES PARKING SPACES PROVIDED ONSITE = 61 (lNC. 3 ADA SPACE) The buffers labeled on the conceptual plan meet or exceed LDC requirements. Enhanced plantings will be required within the East buffer and the portion of the South buffer that abuts residential zoning in lieu of a wall as approved through the companion Administrative Fence Waiver (PL20 I 90002345). (See Attachment C) The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve PE-P120 1 8000327 6, I mmokalee McDonalds Revised: February 7, 2020 Page 7 of 10 LANDSCAPE REVIEW: TRANSPORTATION EVALUATION REVIEW: 17.F.1 Packet Pg. 1723 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption) ony petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the trffic impact statement reveals that any of the following occur: a. For linl<s (roadway segments) directly accessed by the project where project trffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project trffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project trffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as port of the traffic impact statement that addresses the project's significant impacts on all roodwoys. " Transportation Planning Staff has reviewed the proposed Parking Exemption Request and found that the proposed exemption is consistent with the transportation elements of the GMP. Further, staff has reviewed the proposed access location and sidewalk layout finding that they meet applicable requirements and standards. Additional operational impacts will be addressed at time of the next development order (SDP, SDPA, or Plat), at which time a TIS will be required to demonstrate detail turning movements for site access points and site traffic analysis. Therefore, the subject Parking Exemption Request can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. IMMOKALEE COMMUNITY RE EVELOPMENT AGENCY (CRA): The agent will provide a formal presentation to the Immokalee CRA Advisory Board Joint Meeting on February 13,2020. The CRA will provide the outcome on the agents' recommendations after this meeting. As such, staff will state any CRA recommendations at the February 20,2020 CCPC meeting. NEIGHBORHOOD INFO TION MEETTNG NIM) The applicant conducted a NIM on January 8,2020, at Immokalee Community Park, Conference Room, located at 321North l't Street in Immokalee. The meeting commenced at approximately 5:37 p.m. and ended at 5:40 p.m. Only one person attended, Richard Johnson, who is a representative of the owner of the property immediately to the east of the subject site. The applicant's agent explained the request for the proposed parking exemption. Albert Lopez, the agent, conducted the meeting with introductions of the consultant team and staff, and an overview of the proposed parking exemption for McDonald's. Mr. Lopez then gave a presentation which described the parking exemption and included an aerial photo of the subject PE-P120 1 8000327 6, I mmokalee McDonalds Revised: February 7, 2020 Page 8 of 10 17.F.1 Packet Pg. 1724 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption) site and the site plan (blown up on boards). There were no concerns from Mr. Johnson who had no objections to the project. No commitments were made. A copy of the synopsis, sign-in sheet, location map, and conceptual site plan are included in the Backup Materials in Attachment C. COUNTY A Y OFFICE REVIEW: The County Attorney's Office has reviewed this staff report on2l7l20. RECOMMENDATION: Zoning Division staff recommends the Planning Commission recommend the Board of Zoning Appeals approve petition PE-PL20180003276,lmmokalee McDonald's, subject to the following stipulations: l. The Parking Exemption area is limited to improvements shown on the attached Conceptual Site Plan; and 2. The parking within the Parking Exemption area will be only paved surface parking; and 3. No trash containers or enclosures shall be permitted in the Parking Exemption area. Attachments: A) B) c) Proposed Resolution Conceptual Site Plan Application and Backup Material PE-P1201 8000327 6, I mmokalee McDonalds Revised: February 7, 2020 Page 9 of 10 17.F.1 Packet Pg. 1725 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption) PREPARED BY: TIMOTHY F , AICP, PRINCIPAL PLANNER ZONING DIVISION.ZONING SERVICES SECTION REVIEWED BY: YM V. BELLOWS, ZO MANAGER ZONING DIVISION-ZONING SERVICES SECTION AMES FRENCH, DEPUTY DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT PE-PL20180003276, lmmokalee McDonalds Revised: February 5, 2020 o- /0- zd DATE A.-/a'Qae_a DATE 2- [ -z-ct DATE Page 10 of '10 7''t",A:- 17.F.1 Packet Pg. 1726 Attachment: Staff Report Immokalee McDonalds (11204 : Immokalee McDonalds Parking Exemption) 17.F.2 Packet Pg. 1727 Attachment: Attachment A - Resolution - 020520(2) (11204 : Immokalee McDonalds Parking Exemption) 17.F.2 Packet Pg. 1728 Attachment: Attachment A - Resolution - 020520(2) (11204 : Immokalee McDonalds Parking Exemption) 17.F.2 Packet Pg. 1729 Attachment: Attachment A - Resolution - 020520(2) (11204 : Immokalee McDonalds Parking Exemption) 17.F.2 Packet Pg. 1730 Attachment: Attachment A - Resolution - 020520(2) (11204 : Immokalee McDonalds Parking Exemption) 17.F.2 Packet Pg. 1731 Attachment: Attachment A - Resolution - 020520(2) (11204 : Immokalee McDonalds Parking Exemption) 17.F.3 Packet Pg. 1732 Attachment: Attachment B - Conceptual Site Plan (11204 : Immokalee McDonalds Parking Exemption) Frylq,F KMIffi & { aa 'll t jliII.i ,,*l\....1 7 Itr n .I I' i*, u ,,I \ rulUcxEARtilGl ..], i) .. :-. 7 { l;. ,a I l, r14E ,.$I t It.it.r rtZ I I .'i itt: . . I '1^t, , I _a , I rl l. 1t HAFLE$X€ss.e {}tt Fr€!fl{= cf FU*UC $E*8IIS Notice is herebY qiYen that a ililia hlarinq ivifl ue held bv ihe Collier Cbunty Board of itirnw' commissioher:. ar the Bosrd'ot Zoning APPeals, orl tlarch ?4, ZOZA, in the Board o{ Countv Commisionert l*seting Rbom, Third Floor, C*llier - Government Ceat*f,. *t*g uast Tamiami Trail, Na* Dl€r FL, the Eoand of CountY tonrmissioner (BCQ will con' sider the enactment of a Countv Retolution. The meet' ino will commence at 1:39[.h rne title of the ProPored It*rolution is as follows: A RESOLUTION OF I}IT SOARP OF ZONING APPEALS OT COUTN COUNTY. FLORI. P*.AN.ENNNG A PARKING EX. E*TMOU UNDER I.AHD BE. \trLOPMENT CODE SECTOT'I 4.05.02.K.3 TO ALLOW Otr- rriE FAn$Nc FsR A r*S FAOB RE TAURAT.IT 8S] A *sf{Tt€uous LST Z*fltts ngS$ f FIXAL-S1 lit GLE-FAiltlLY' 5 (N5F.5). THE SUBJECT MOP. Enrr ls LoCATED ON rHE sourHEAsT CORNEB Cf Int *SxeUT DRIVE AT{D ST*TE *SAF 29 lH IMMOKAL3EI r! s*{noN 4,' I-.Cl'v}rsHlF" d?*surll E,ad*€f'S,*$6E {st-,rS** ts$ffi , 'Ft*t** IFt2o1e0O3276l 1{.ri{1i.j;q+a\' $,.*,EC$ 4, ?o3s x R3Bf r'- .r I A coor of ft€ proposed Bto- irHoh'bon fitd w+$ Sle clErt i;-st€ itotrd and is ctrail# ior-inipeaion. All intsrestd irfrtl'Ci-.iJ-invited to etterd ind be heard. ttOTE: All persons wi$irry to soeak on any agenda item HJil' reqistei ivitiittre County manaoei prior to Prercntatiofl o* ttre-lqlnda iteh to h ad- Aresed. - lndlvidual sPeaksrt witl be limited to 3 minutes "n'anv item. fhe selection of ;nv in'dividual to speak on be* haff of an organizatlon or oroup is encouiaged. lf rx- 6oniied bv the Chairman, a sfuesDersirn for a group or riroaniiation may be allo'tted ib'-miil{; to ipeak on an item. F*rs*ns wirhing to haw,wft" ien or oraPhiE maftriats in- a-ud€d li ifre Board agetlda nackets must submit said ma' i;tat a minimum of 3 weeks orior to the resPective Plblic hearinq. ln arry case, lsitten mattrills intentied to be con- ;iitrired by the Board shall he iubmitted to the aPProPriate. Countv staff a minimurn of sstsl'Oafr Prior to Fe PuFlS hcarino. All materials useg ln pre,t€ni;tions before dre boerd will become a. Felrna- ncr* Part of the record. Anv mrson who decider to "o5edl anv decision of the B;iA wilf need a record. of the proceedings Pertarntrtsthereto and theretore, ryaY niet -io ensure that a wrba' il;;ei;rd oi ttre Proceedirs: is made, which record includes it"ri testimony and evidence ,pon which' the aPPeal rs based. lf vou are a person with a dis' adilitv who heeds any accom- moddtion in order to Particl- oaia- in this proceeding, You hre entitled, ai no cost to You, [o1ne provision of certain as- ii.tinle. Please contact the toiiiei Countv Facilities Man' i""ment Divlsion, located at fiii iamiami trail East' -Suite BOARD OF COUHTY COMMIS- SIONERS F-qiAR$ Or.ZO NING .&PPEALS {OUI ER EOUNTY;' FLO RI DA *uEr 1, gflttilDERs, CHA]*- MAN e*YsrAL l(. KlHzEL,€ifnr or rHE cinculr count *'€oMFmOtIER. { r*as Tot, Nip*, rl 34tI;-53$6, ffi. st hi€tt fitrs to the, meeting. sfi.t2:It)) 252€39I" st I€{Et ttrYo taln priqr to the meeting. Ar- sisted ltsteninq devices for the hearing impaired are availa-hearino impaired are availa- ble in-the'Board of CountY &omfuiqners'Offfca. ' 17.F.5 Packet Pg. 1733 Attachment: Legal Ad - Agenda ID 11204 (11204 : Immokalee McDonalds Parking Exemption)