Agenda 02/23/2010 Item #17B
Agenda Item No, 178
February 23,2010
Page 1 of 100
EXECUTfVES~Y
PUDZ-2007-AR-12294: Collier County Airport Authority and CDC Land Investments,
Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, requests
a rezone from the Industrial (I) and the Rural Agricultural with a Mobile Home Overlay
(A-MHO) Zoning Districts to the Airport Operations Planned Unit Development Zoning
District (AOPUD) for a project to be known as the Immokalee Regional Airport
Operations Planned Unit Development. This project proposes to allow development of a
maximum of 5,000,000 square feet of aviation and non-aviation development on 1,484:1:
acres of land located north of CR 846, in Sections 25, 26, 27, 34, 35, 36, Township 46 South,
Range 29 East, and Sections 2 and 3, Township 47 South, Range 29 East, Collier County,
Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) review staff's findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPC) regarding the above referenced petition and render a decision regarding the 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.
CONSIDERA nONS:
The Immokalee Regional Airport Operations Planned Unit Development (AOPUD) consists of
the existing Irnmokalee Regional Airport facility located north of C,R. 846 in the Irnmokalee
Urban Area, plus an additional 103:1: acres adjacent to the east end of the future runway
expansion area. The Immokalee Regional Airport presently consists of airport operations and
related functions, which include two 5,000:1: foot long runways, taxiways linking hangar and
airport administration functions with the runways, fueling areas, and hangars for storage of
general aviation aircraft. Also on site is a one-eighth mile long drag racing track, That track is
located on one of the unused runway areas (see next page),
Large tracts of land remain available for development of additional airport and aviation-related
uses. The majority of the property is currently zoned Industrial (I), which permits a range of
industrial activities in accordance with the Land Development Code (LDC),
Immokalee Regional Airport AOPUD
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Agenda Item No, 178
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. .
AIRPORT
OPERATIONS
TRACT
Approximate
location of
drag slrip
IPClUSTl'il1AL
CEvEl.oPUENT
TRACT
The site has been utilized for decades for aviation-related purposes. Collier County was deeded
the airport property in the 1960s by the Federal government and it is now operated by the Collier
County Airport Authority (CCAA). The Immokalee Regional Airport was originally a WWII
bomber-training base. The Federal Surplus Act eventually turned the airport over to the County
in the 1960s. For approximately thirty years, the airport sat dormant. Shortly after its creation in
1993, the Collier County Airport Authority drew up innovative plans for the site, including
extensive designs to expand the runways, bring in cargo-carrying businesses, and turn some of
the land into an industrial park.
Initial grants helped to build a fuel fann, a road, aircraft hangars, a ramp. taxiway, and the first
building, Over time, the original plans of the Authority have changed to suit the changing needs
at the airfield, but the long-term goals remain essentially the same: to turn the historic facility
into a viable industrial park attracting businesses that will hire and train local workers, to bring in
international cargo carriers and U,S. Customs officials, and to contribute new and vital industry
to the local economy,
The Airport Authority, through adoption of the AOPUD zoning district, intends to expand the
permitted uses on the site consistent with the most recent Airport Master Plan which envisions
the expansion of aviation and non-aviation activity. The Immokalee Regional Airport AOPUD
Immokalee Regional Airport AOPUD
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Agenda Item No, 178
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proposes to permit a maximum of five million (5,000,000) square feet of aviation and non-
aviation related development consistent with the adopted Airport Master Plan. [Note: The
existing industrial zoning designation for 1,40001: acres could allow more than the proposed 5
million square feet of industrial uses. This PUD would put a cap on the amount of development
that could occur on site; if the land remains industrially zoned, there is no cap on the amount of
development.] The AOPUD master plan identifies the existing airfield and airport operation
improvements. as well as the future development tracts, A small portion of the property (10301:
acres) is zoned Rural Agricultural (A). That tract has been used for agricultural purposes for
many years, That area is shown on the Master Plan as the future runway protection zone, No
development activities other than ancillary runway uses such as navigational aids may occur on
that tract unless and until the Immokalee Urban Boundary is amended to include it.
The Immokalee Regional Airport "Airport Operations Tract" is one component of the AOPUD
subject property, encompassing approximately 552 acres. The "Industrial Development Tract"
has approximately 692 acres, the "Expansion Tract" has approximately 103 acres, and the
"Preserve Tract" makes up the remaining 13 7 acres,
This project is not a Development of Regional Impact (DR!) in compliance with the Florida
Statutes because airports and their related activities are exempt.
FISCAL IMPACT:
The PUD 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 POO
rezoning 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 building permits 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 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 prior to issuance ofa building permit include
building permit review fees. Finally, additional revenue is generated by application of ad valorem
tax rates, and that revenue is directly related to the value of the improvements, Please note that
the inclusion of impact fees and taxes collected are for informational purposes only; they are not
included in the criteria used by Staff and the Planning Commission to analyze this petition,
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): The following comments provide a summary of the
Comprehensive Planning Review Memo dated September 16, 2009, A complete copy of that
document is provided with the application materials.
lmmokalee Regional Airport AOPUD
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The original 1,381-acre proposed development is located in the Urban Designation, Urban-
Industrial District, Industrial Subdistrict, as depicted on the Immokalee Area Master Plan Future
Land Use Map (lAMPFLUM). The additional 103 acres, more or less. is located in the
Agricultural/Rural Designation, AgriculturallRural Mixed Use District within the Rural Lands
Stewardship Area Overlay (RLSAO), as depicted on the Future Land Use Map (FLUM) of the
Growth Management Plan.
Generally, the Agricultural/Rural Designation, AgriculturallRural Mixed Use District allows a
variety of low intensity uses, including agriculture, low-density residential development, and
sporting/recreation camps, Industrial development is not allowed within the designation. The
petitioner limits this area stating, "No development activities may occur on the site until such
time as the Immokalee Urban Boundary is amended to include it." The DRAFT Immokalee Area
Master Plan (December 2008) was reviewed for future changes in the boundary to include this
103 acre addition, No changes to the boundary of the Immokalee Area Master Plan are proposed,
The Immokalee Area Master Plan (lAMP) Urban - Industrial District is described below:
The purpose of this Subdistrict is to provide for industrial type uses, including: airports; uses
related to light manufacturing, processing, storage and warehousing, wholesaling, distribution,
packing houses, recycling, high technology, laboratories, assembly, storage, computer and data
processing; business services; limited commercial uses, such as child care centers, restaurants
and other basic commercial uses, except retail uses, as described in the Land Development Code
for the Industrial and Business Park Zoning Districts; and, vehicle racing, subject to conditional
use approval. Accessory uses and structures customarily associated with the uses allowed in this
Subdistrict, include, but are not limited to, offices and retail sales; campgrounds accessory to
vehicle racing; and, campgrounds accessory to special events at the airport, such as air shows,
The application ofthese Subdistrict provisions has consistently included the uses described in the
Land Development Code for the Industrial and Business Park Zoning Districts. This Airport
Operations PUD is limited to those uses already found in the Industrial zoning district to be
consistent with the lAMP Industrial Subdistrict,
Economic Element (EE): The following objective and policy are applicable to this petition:
Objective 3 (New And Existing Industries): Collier County will support programs which are
designed to promote and encourage the recruitment of new industry as well as the expansion and
retention of existing industries in order to diversifY the County's economic base,
Policy 3,7: Collier County will support the location of business and industry in the Foreign
Trade Zone located at the Immokalee Airport.
Policy 3.7 of the Economic Element supports the growth and expansion of business and industry
at the Immokalee Regional Airport. The Immokalee Regional Airport Master Plan and this
Airport Operations PUD are part of this effort, The airport is in a designated Florida Rural
Enterprise Zone and a HUB Empowerment Zone, which supports economic revitalization in high
Immokalee Regional Airport AOPUD
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unemployment or otherwise economically dormant areas within the state by offering tax
incentives to businesses, located within the Enterprise Zone, The HUB Zone Empowerment
Contracting Program is a United States Small Business Administration program that provides
federal contracting assistance for qualified small businesses in historically underutiIized business
(HUB) areas, or zones.
Additionally, a 60-acre zone in and around the Airport is a designated Foreign Trade Zone (FTZ),
and Immokalee is designated a Foreign Entrepreneurial Investment Zone by the Florida
Department of Labor and Employment Security, The FTZ designation offers companies the
convenience of deferring any duties or taxes until the business ships the goods outside of the
FTZ, The Entrepreneurial Investment Zone designation allows foreign business owners seeking
permanent residency in the U,S, to invest $500,000 in capital over a two-year period in a new or
existing business within the Immokalee area,
The Florida Tradeport, located adjacent to the Immokalee Regional Airport, provides business
opportunities in both aviation and non-aviation related fields. With a U,S, Customs Port of Entry
located on the property, the airport is well suited for tenants specializing in international air
cargo. A newly built customs processing facility at the Immokalee Regional Airport enables
businesses to clear customs for import and export in Collier County, The facility, which is part
of the Immokalee Manufacturing and Technology Center at the Immokalee Regional Airport,
allows a carrier to either land at the airport and immediately clear customs, or even bring cargo
by any method through one of the other Ports of Entry in the State of Florida with the customs
clearing taking place in Immokalee,
Transportation Element: Transportation Planning staff has reviewed the petitioner's
application, and has determined that the proposed zoning action does not present a significant
difference in trip generation from the currently existing zoning, The rezoning is viewed as an
encapsulation of the existing trips, and a maximum square footage cap is established in the
narrative (5,000,000 square feet) that was not previously in place. Transportation Department
Staff accepted the petition without a Traffic Impact Statement (TIS), noting that the existing
Industrial zoned tracts would allow equal intensity of uses as what is proposed in the POO,
However, the 103 acre "Expansion Tract" shown at the easterly extension of the airport runway
(zoned Agricultural) was not included in the Transportation Planning assessment. A stipulation
has been added, in the fonn of a developer's commitment, noting that if a comprehensive plan
amendment is sought by the owner to allow development within that tract that could allow
increased trip generation for the AOPUD, then the potential traffic impacts will require
additional analysis for consistency with Policy 5, I of the Transportation Element of the GMP,
The stipulation is included in POO document, Exhibit F,A.2. With that caveat, Transportation
Planning staff recommends that this petition be deemed consistent with the Transportation
Element of the GMP,
Portions of this facility may be exempt from concurrency, as determined by Florida Statute
Section 163.3180 (4)(b), as amended by Senate HB 7203, However, there are no proposed
square footage limitations in the proposed zoning district that would define or delineate the uses
that would be considered exempt [from concurrency requirements], versus those uses that would
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remain subject to concurrency, In other words, both 'exempt' and 'non-exempt' facilities would
be allowed within the proposed zoning district with no distinction on that status being
determined here,
It should be noted that the applicability of concurrency (or lack thereof) does not eliminate the
necessity to accommodate operational deficiencies that might be caused by the projects allowed
in the proposed zoning district. As such, each development application Site Development Plan
(SDP), Site Development Plan Amendment (SDPA), or Plat (PPL), etc, within the AOPUD shall
be required to submit a TIS consistent with the TIS guidelines whether it is to be exempt from
concurrency or not. At the time each traffic study is approved, each forthcoming project shall be
responsible to identify and remediate any operational deficiencies caused by that project.
Additionally, those land uses being proposed within this zoning district that are subject to
concurrency shall be required to address capacity issues on the adjacent roadway network.
Conservation and Coastal Management Element (CCME): Objective 2,2 of the Conservation
and Coastal Management Element of the Growth Management Plan states, "All canals, rivers,
and flow ways discharging into estuaries shall meet all applicable federal, state, or local water
quality standards,"
To accomplish that policy 2,2.2 states "In order to limit the specific and cumulative impacts of
stormwater runoff, stormwater systems should be designed in such a way that discharged water
does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and
quality of fresh water (discharge) to the estuarine system."
This project is consistent with Objectives 6,1 and 6,2 regarding the selection of preserves, The
property site contains 1,484,00 acres of which 363.48 acres is considered native vegetation. The
proposed native vegetation preserve of 137,03 acres fulfills the minimum requirement of 54,52
acres or 15 percent of the existing native vegetation on site.
As required by Policy 6,1.4, prohibited exotic vegetation shall be removed from the site and the
site will be maintained exotic free in perpetuity,
The Environmental Impact Statement (EIS) required by Policy 6,1,8 was prepared and reviewed
by the Environmental Advisory Council. (The outcome of which is addressed later in this report,)
As required by Policy 6,2, I, a wetland jurisdictional determination has been conducted by the
South Florida Water Management District (SFWMD), (See EIS Exhibit 3),
In accordance with Policy 6,2,6, required preservation areas are identified on the POO master
plan, Allowable uses within the preserve areas are included in the PUD document. Uses within
preserve areas shall not include any activity detrimental to drainage, flood control, water
conservation, erosion control, or fish and wildlife conservation and preservation,
As required by Policy 7,1.2, a listed species survey was conducted on the property and it is
contained in the EIS (Exhibit 10),
Immokalee Regional Airport AOPUD
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Agenda Item No, 178
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In accordance with Policy 11.1.2, correspondence was sent to the Florida Department of the State
Division of Historical Resources (DHR) regarding possible archaeological or historical sites
within the majority of the Project area, In a letter dated January 31, 2005, the DHR stated that no
cultural resources are known to exist in the Project area that was reviewed and that no cultural
resources will be affected by the Project (Exhibit 14),
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as
this proposed PUD rezone, Staff is required to make a recommendation regarding a finding of
consistency or inconsistency with the overall GMP as part of the recommendation for approval,
approval with conditions, or denial of any rezoning petition, A finding of consistency with the
FLUE and FLUM and the IAMP designations is a portion of the overall finding that is required,
and staff believes the petition is consistent with the FLUM, the FLUE and the lAMP as indicated
previously in the GMP discussion. The proposed amendment is consistent with the GMP
Transportation Element, the Economic Element and the CCME Elements also as previously
discussed, Therefore. staff recommends that the petition be found consistent with the overall
GMP,
AFFORDABLE HOUSING IMPACT:
This request contains no provisions to address Affordable-Workforce housing,
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and the PUD documents to address any
environmental concerns, This petition was required to submit an Environment Impact Statement
(EIS) and a hearing before the Environmental Advisory Commission (EAC) was held as noted
later in this report,
As part of the EAC hearing, Environmental staff prepared and presented a staff report which is
included in the back up material for this petition, The EAC staff report included the following
conditions of approval:
], Provide an updated listed species survey as part of the next development order,
2, Provide Florida black bear, Big Cypress fox squirrel, and burrowing owl management plans
as part of the next development order,
3, Provide a gopher tortoise relocation management plan as part of the next development
order,
4, Provide a report to the Environmental Services staff on the results of the relocation of the
gopher tortoises within thirty days of relocation. The report must contain the following
information: the number of burrows excavated, the number of tortoises relocated, and the final
relocation site,
Prior to the Collier County Planning Commission (CCPC) hearing, the PUD document and
legal description shall exclude the wetland ditch acreage as part of the preservation
requirement,
Immokalee Regional Airport AOPUD
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Agenda Item No, 178
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ENVIRONMENTAL ADVISORY COUNCIL iliAC) RECOMMENDATION:
The EAC heard this petition on October 6, 2009, and voted 5 to 0 to approve this petition with
the following stipulations:
1, Provide an updated listed species survey as part of the next development order,
2, Provide Florida black bear, Big Cypress fox squirrel, and burrowing owl management
plans as part of the next development order with the most recent Fish and Wildlife
Conservation Commission (FWC) telemetry points for Florida black bear and wading bird
rookeries,
3, Provide a gopher tortoise relocation management plan as part of the next development
order,
4, Provide a report to the Environmental Services staff on the results of the relocation of the
gopher tortoises within thirty days of relocation. The report must contain the following
information: the number of burrows excavated, the number of tortoises relocated, and the
final relocation site,
5, Prior to the CCPC hearing, the PUD document and legal description shall exclude the
wetland ditch acreage as part of the preservation requirement,
Stipulations 1,2,3 and 5 have been added to the POO document Exhibit F, Stipulation 4 has
been addressed by the applicant on Exhibit C,
COLLIER COUNTY PLANNING COMMISSION (CCPe) RECOMMENDATION:
The CCPC heard petition PUDZ-2007-AR-12294 on December 17,2009, and by a vote of9 to 0
recommended to forward this petition to the Board of County Commissioners (BCC) with a
recommendation of approval, subject to the draft ordinance that was reviewed and recommended
for approval at that hearing and the subsequent January 7, 2010 CCPC consent hearing. In
addition, the CCPC recommended the following additional stipulations:
1, The Airport Authority shall resume controlled burning and maintenance of exotic
vegetation in the preserve area, consistent with the adopted management plan criteria;
2, The petitioner shall provide an updated Florida Scrub jay study in compliance with the
accepted standards as part of the Site Development Plan approval process; and
3, Industrial uses within the Expansion Tract are prohibited with the exception of oil and
gas exploration which are allowed; and
4, Structures or access roadways are prohibited within the Preserve Area; and
5. The PUD document shall be revised to remove Development Standards from the Preserve
Tract; and
6, The PUD document, Exhibit B, Table I shall be revised to add the word "minimum" to
clarifY the term "separation of structures. "
Because there was no objection to the request and the EAC and the eepc votes were both
unanimous, this petition can be heard on the Bce Summary agenda,
Immokalee Regional Airport AOPUD
PUDZ-2007-AR-12294
Date Revised: 2/2/10
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Agenda Item No, 178
February 23, 2010
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LEGAL CONSIDERATIONS:
This is a si1e specific rezone from the Industrial (I) and the Rural Agricultura1 with a Mobile
Home Overlay (A-MHO) Zoning Districts to the Airport Operations Planned Unit Development
Zoning District (AOPUD) for a project to be known as the Immokalee Regional Airport
Operations Planned Unit Development. The burden falls upon the applicant to prove that the
proposed rezone is consistent wi1h all the criteria set forth below. The burden then shifts to the
Board of County Commissioners (BCC), should it consider denying the rezone, to determine that
such denial would not be arbitrary, discriminatory or unreasonable, This would be accomplished
by finding that the proposal does not meet one or more of the listed criteria below.
Criteria for AOPUD Rezones
Ask yourself the following questions. The answers assist you in making a determination for
approval or not.
I, Consider: The suitability of the area for the type and pattern of development
proposed in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities,
2, Is there an adequacy of evidence of unified control and suitability of agreements,
contract, or other instruments or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense? Findings and recommendations of this type shall be made only
after consultation with the County Attorney.
3. Consider: Conformity of the proposed AOPUD with the goals, objectives and
policies of the Growth Management Plan,
4, Consider: The internal and external compatibility of proposed uses, which
conditions may include restrictions on location of improvements, restrictions on
design, and buffering and screening requirements,
5, Is there an adequacy of usable open space areas in existence and as proposed to serve
the development?
6, Consider: The timing or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and
private,
7. Consider: The ability of the subject property and of surrounding areas to
accommodate expansion.
8, Consider: Conformity with AOPUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination that such modifications
Immokalee Regional Airport AOPUD
PUDZ-2007-AR-12294
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Agenda Item No, 17B
February 23,2010
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are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
9, Will the proposed change be consistent with the goals, objectives, and policies and
future land use map and the elements of the Growth Management Plan?
10, Will the proposed AOPUD Rezone be appropriate considering the existing land use
pattern?
1 I. Would the requested AOPUD Rezone result in the possible creation of an isolated
district unrelated to adjacent and nearby districts?
12, Consider: Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
\3, Consider: Whether changed or changing conditions make the passage of the
proposed amendment necessary,
14, Will the proposed change adversely influence living conditions in the neighborhood?
15, Will the proposed change create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety?
16, Will the proposed change create a drainage problem?
17, Will the proposed change seriously reduce light and air to adjacent areas?
18, Will the proposed change adversely affect property values in the adjacent area?
19, Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
20, Consider: Whether the proposed change will constitute a grant of special privilege
to an individual owner as contrasted with the public welfare,
2 I . Are there substantial reasons why the property cannot ("reasonably") be used in
accordance with existing zoning? (a "core" question, ,.)
22, Is the change suggested out of scale with the needs of the neighborhood or the
county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use,
24, Consider: The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for any of the range of
potential uses under the proposed zoning classification,
Immokalee Regional Airport AOPUD
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Agenda Item No. 178
February 23,2010
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25. Consider: The impact of development resulting from the proposed AOPUD rezone
on the availability of adequate public facilities and services consistent with the levels
of service adopted in the Collier County Growth Management Plan and as defined and
implemented through the Collier County Adequate Public Facilities Ordinance [Code
ch.106, art.II], as amended,
26, Are there other factors, standards, or criteria relating to the AOPUD rezone request
that the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the
County Attorney's Office, This Executive Summary has been reviewed for legal sufficiency and
is legally sufficient for Board action. (HF AC)
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the proposed rezoning for
the Immokalee Regional Airport AOPUD, subject to the CCPC's conditions of approval as
shown in the proposed ordinance. That ordinance includes the following condition added by the
CCPC:
i, The Airport Authority shall resume controlled burning and maintenance of exotic
vegetation in the preserve area, consistent with the adopted management plan criteria;
2, The petitioner shall provide an updated Florida Scrub jay study in compliance with the
accepted standards as part of the Site Development Plan approval process; and
3, industrial uses within the Expansion Tract are prohibited with the exception of oil and
gas exploration which are allowed; and
4. Structures or access roadways are prohibited within the Preserve Area; and
5, The PUD document shall be revised to remove Development Standards from the Preserve
Tract; and
6, The PUD document, Exhibit B, Table I shall be revised to add the word ....minimum.... to
clarify the term ....separation of structures, "
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Engineering, Environmental, Comprehensive Planning and Zoning Services
Immokalee Regional Airport AOPUD
PlnDZ-2007-PCR-12294
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 178
February 23, 2010
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COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
178
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members: PUDZ-2007-AR-12294: Collier County Airport Authority and CDC
Land Investments, Inc" represented by D, Wayne Amold, AICP, of Q, Grady Minor and
Associates, requests a rezone from the Industrial (I) and the Rural Agricultural wrth a Mobile
Home Overlay (A-MHO) Zoning Distrlcts to the Airport Operations Planned Unit Development
Zoning District (AOPUD) for a project to be known as the Immokalee Regional Airport
Operations Planned Unit Development. This project proposes to allow development of a
maximum of 5,000,000 square feet of aviation and non-aviation development on 1,484 acres
of land located north of CR 846, in Sections 25, 26, 27, 34, 35, 36, Township 46 South,
Range 29 East, and Sections 2 and 3, Township 47 South, Range 29 East, Collier County,
Florida, (CTS)
2/23/2010 9:00:00 AM
Prepared By
Kay Deselem, AICP
Community Development &
Environmental Services
Planner, Principal
Date
Zoning & Land Development Review
9/22/2008 9:32:56 AM
Approved By
William D, Lorenz, Jr" P.E.
Community Development &
Environmental Services
Director - COES Engineering Services
Date
Engineering & Environmental Services
1/26/201010:32 AM
Approved By
Norm E. Feder, Alep
Transportation Division
Administrator - Transportation
Date
Transportation Administration
1/26/20103:28 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
1/28/20103:25 PM
Approved By
Heidi F. Ashton
County Attorney
Section Chief/Land Use-Transportation
Date
County Attorney
1/29/20105:05 PM
Approved By
Ray Bellows
Community Development &
Environmental Services
Manager - Planning
Date
Zoning & Land Development Review
1/30/20101:24 PM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Agenda Item No. 178
February 23, 2010
Page 13 of 100
Transportation Division
Transportation Planning
212/201011:01 AM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
212/20104:33 PM
Approved By
Jeff Klatzkow
County Attorney
Date
2/9/20102:58 PM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
2/13/20101:16 PM
-
A Ao!\uqa,.\!l'!Pl No, 17B
GE'l'lMlr~I2W,-to1 0
Page 14 of 100
Co~!: 9'unty
-
STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: NOVEMBER 19, 2009
SUBJECT:
PUDZ-2007-AR-12294; IMMOKALEE REGIONAL AIRPORT AIRPORT
OPERATIONS PLANNED UNIT DEVELOPMENT (AOPUD)
PROPERTY OWNER/AGENT:
Owner:
Collier County
3301 Tamiami Trail East
Naples, FL 34112-4961
Owner & Petitioner: CDC Land Investments, Inc.
3003 Tamiami Trail N
Naples, FL 34103
Petitioner: Collier County Airport Authority
2005 Mainsail Drive Suite #1
Naples, FL 34114
Agent: Wayne Arnold, AICP
Q. Grady Minor & Associates, P ,A.
3800 Via Del Rey
Bonita Springs, FL 34134
REOUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPe) consider a rezone
of the subject site from the Industrial (I) and the Rural Agricultural with a Mobile Home Overlay
(A-MHO) Zoning Districts to the Airport Operations Planned Unit Development Zoning District
(AOPUD) for a project to be known as the lmmokalee Regional Airport Planned Unit
Development.
GEOGRAPIDC LOCATION:
The subject 1,484* acre project is located on the north side of Immokalee Road (CR 846), at the
intersection with Main Street (SR 29), in Sections 25, 26, 27, 34, 35, 36, Township 46 South,
Range 29 East, and Sections 2 and 3, Township 47 South, Range 29 East, Collier County,
Florida. (See location map on/allOWing page)
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
Revised 10/30109
Page 1 of 21
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GENERAL NOTES:
1, THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT
TO MINOR MODIFICATION Due TO AGENCv PERMITTING
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Agenda Item No, 178
February 23, 2010
Page 16 of 100
Agenda Item No, 176
February 23,2010
Page 17 of 100
PURPOSEfDESCRlPTION OF PROJECT:
The Immokalee Regional Airport Operations Planned Unit Development (AOPUD) consists of
the existing Immokalee Regional Airport facility located north of C.R. 846 in the Immokalee
Urban Area, plus an additional 103:l: acres adjacent to the east end of the future runway
expansion area. The Immokalee Regional Airport presently consists of airport operations and
related functions, which include two 5,OOO:l: foot long runways, taxiways linking hangar and
airport administration functions with the runways, fueling areas, and hangars for storage of
general aviation aircraft. Also on site is a one-eighth mile long drag racing track. That track is
located on one of the unused runway areas.
AIRPORT
OPERATIONS
TRACT
Approximate
location of
drag strip
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Large tracts of land remain available for development of additional airport and aviation-related
uses, The majority of the property is currently zoned Industrial (1), which permits a range of
industrial activities in accordance with the Land Development Code (LDC),
The site has been utilized for decades for aviation-related purposes, Collier County was deeded
the airport property in the 1960s by the Federal government and it is now operated by the Collier
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
Revised 10/30/09
Page 2 of 21
Agenda Item No, 17B
February 23, 2010
Page 18 of 100
County Airport Authority (CCAA). The ImmokaIee Regional Airport was originally a WWII
bomber-training base. The Federal Surplus Act eventually turned the airport over to the County
in the 1960s. For approximately thirty years, the airport sat donnant Shortly after its creation in
1993, the Collier County Airport Authority drew up innovative plans for the site, inCluding
extensive designs to expand the runways, bring in cargo-carrying businesses, and turn some of
the land into an industrial park.
Initial grants helped to build a fuel farm, a road, aircraft hangars, a ramp, taxiway, and the first
building. Over time, the original plans of the Authority have changed to suit the changing needs
at the airfield, but the long-tenn goals remain essentially the same: to turn the historic facility
into a viable industrial park attracting businesses that will hire and train local workers, to bring in
international cargo carriers and U.S. Customs officials, and to contribute new and vital industry
to the local economy.
The Airport Authority, through adoption of the AOPUD zoning district, intends to expand the
pennitted uses on the site consistent with the most recent Airoon Master Plan which envisions
the expansion of aviation and non-aviation activity, The ImmokaIee Regional Airport AOPUD
proposes to permit a maximwn of five million (5,000,000) square feet of aviation and non-
aviation related development consistent with the adopted Airport Master Plan. [Note: The
existing industrial zoning designation for 1,400:1: acres could allow more than the proposed 5
million square feet of industrial uses. This PUD would put a cap on the amount of development
that would not be done if the land remained industrially zoned.] The AOPUD master plan
identifies the existing airfield and airport operation improvements, as well as the future
development tracts. A small portion of the property (103:!: acres) is zoned Rural Agricultural (A),
That tract has been used for agricultural purposes for many years, That area is shown on the
Master Plan as the future runway protection zone, No development activities may occur on that
tract unless and until the Immokalee Urban Boundary is amended to include it.
The Immokalee Regional Airport "Airport Operations Tract" is one component of the AOPUD
subject property, encompassing approximately 552 acres. The "Industrial Development Tract"
has approximately 692 acres, the "Expansion Tract" has approximately 103 acres, and the
"Preserve Tract" makes up the remaining 137 acres.
This project is not a Development of Regional Impact (DRI) in compliance with the Florida
Statutes because airports and their related activities are exempt.
SURROUNDING LAND USE AND ZONING:
North: Citrus Groves, with an Agricultural with a Mobile Home Overlay (A-MHO) zoning
designation
East: Agricultural uses; with an A-MHO zoning designation
South: Industrial, commercial, and agricultural operations, with Industrial (I), Commercial, with
an Agribusiness Overlay Subdistrict (C-5/AOSD), and A-MHO zoning designations
West: Industrial, and commercial, uses; a county park area and citrus groves, with zoning
designations ofI, C-5/AOPD, Public (P) and A-MHO, respectively
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
Revised 1 0/30/09
Page 3 0121
Agenda Item No. 178
February 23. 2010
Page 19 of 100
AERIAL OF THE SUBJECT PROPERTY
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The following comments provide a summary of the
Comprehensive PI arming Review Memo dated September 16, 2009, A complete copy of that
document is provided with the application materials.
The original 1,381-acre proposed development is located in the Urban Designation, Urban-
Industrial District, Industrial Subdistrict, as depicted on the Immokalee Area Master Plan Future
Land Use Map (IAMPFLUM), The additional 103 acres, more or less, is located in the
Agricultural/Rural Designation, Agricultural/Rural Mixed Use District within the Rural Lands
Stewardship Area Overlay (RLSAO), as depicted on the Future Land Use Map (FLUM) of the
Growth Management Plan.
PUDZ.2007-AR-12294; Immokalee Airport AOPUD
Revised 10/30/09
Page 4 of 21
Agenda Item No, 178
February 23, 2010
Page 20 of 100
Generally, the AgriculturallRural Designation, Agricultural/Rural Mixed Use District allows a
variety of low intensity uses, including agriculture, low-density residential development, and
sporting/recreation camps. Industrial development is not allowed within the designation, The
petitioner limits this area stating, "No development activities may occur on the site until such
time as the Immokalee Urban Boundary is amended to include it." The DRAFT Immokalee Area
Master Plan (December 2008) was reviewed for future changes in the boundary to include this
103 acre addition. No changes to the boundary of the Immokalee Area Master Plan are
proposed.
The Immokalee Area Master Plan (lAMP) Urban - Industrial District is described below:
The purpose of this Subdistrict is to provide for industrial type uses, including: airports;
uses related to light mamifacturing, processing, storage and warehousing. wholesaling,
distribution, packing houses, recycling, high technology, laboratories, assembly,
storage, computer and data processing; business services; limited commercial uses,
such as child care centers, restaurants and other basic commercial uses, except retail
uses, as described in the Land Development Code for the Industrial and Business Park
Zoning Districts; and, vehicle racing, subject to conditional use approval, Accessory
uses and structures customarily associated with the uses allowed in this Subdistrict,
include, but are not limited to, offices and retail sales; campgrounds accessory to
vehicle racing; and, campgrounds accessory to special events at the airport, such as air
shows,
The application ofthese Subdistrict provisions has consistently included the uses described in the
Land Development Code for the Industrial and Business Park Zoning Districts. This Airport
Operations PUD is limited to those uses already found in the Industrial zoning district to be
consistent with the lAMP Industrial Subdistrict.
Economic Element (EE): The following objective and policy are applicable to this petition:
Objective 3 (New And Existing Industries): Collier County will support programs which
are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversifY the County's
economic base,
Policy 3.7: Collier County will support the location of business and industry in the
Foreign Trade Zone located at the Immokalee Airport.
Policy 3.7 of the Economic Element supports the growth and expansion of business and industry
at the lmmokalee Regional Airport, The Immokalee Regional Airport Master Plan and this
Airport Operations PUD are part of this effort, The airport is in a designated Florida Rural
Enterprise Zone and a HUB Empowerment Zone, which supports economic revitalization in high
unemployment or otherwise economically dormant areas within the state by offering tax
incentives to businesses, located within the Enterprise Zone. The HUB Zone Empowerment
Contracting Program is a United States Small Business Administration program that provides
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
Revised 10/30/09
Page 5 of 21
Agenda Item No. 178
February 23, 2010
Page 21 of 100
federal contracting assistance for qualified small businesses in historically underutilized business
(HUB) areas, or zones.
Additionally, a 60-acre zone in and around the Airport is a designated Foreign Trade Zone
(FTZ), and Immokalee is designated a Foreign Entrepreneurial Investment Zone by the Florida
Department of Labor and Employment Security. The FTZ designation offers companies the
convenience of deferring any duties or taxes until the business ships the goods outside of the
FTZ. The Entrepreneurial Investment Zone designation allows foreign business owners seeking
permanent residency in the U.S. to invest $500,000 in capital over a two-year period in a new or
existing business within the ImmokaIee area.
The Florida Tradeport, located adjacent to the ImmokaIee Regional Airport, provides business
opportunities in both aviation and non-aviation related fields. With a U.S. Customs Port of Entry
located on the property, the airport is well suited for tenants specializing in international air
cargo. A newly built customs processing facility at the ImmokaIee Regional Airport enables
businesses to clear customs for import and export in Collier County. The facility, which is part
of the Immokalee Manufacturing and Technology Center at the ImmokaIee Regional Airport,
allows a carrier to either land at the airport and immediately clear customs, or even bring cargo
by any method through one of the other Ports of Entry in the State of Florida with the customs
clearing taking place in Immokalee,
Transportation Element: Transportation Planning staff has reviewed the petitioner's
application, and has determined that the proposed zoning action does not present a significant
difference in trip generation from the currently existing zoning. The rezoning is viewed as an
encapsulation of the existing trips, and a maximum square footage cap is established in the
narrative (5,000,000 square feet) that was not previously in place. Transportation Department
Staff accepted the petition without a Traffic Impact Statement (TIS), noting that the existing
Industrial zoned tracts would allow equal intensity of uses as what is proposed in the PUD.
However, the 103 acre "Expansion Tract" shown at the easterly extension of the airport runway
(zoned Agricultural) was not included in the Transportation Planning assessment. A stipulation
has been added, in the form of a developer's commitment, noting that if a comprehensive plan
amendment is sought by the owner to allow development within that tract that could allow
increased trip generation for the AOPUD, then the potential traffic impacts will require
additional analysis for consistency with Policy 5.1 of the Transportation Element of the GMP.
The stipulation is included in PUD document, Exhibit F,A,2, With that caveat, Transportation
Planning staff recommends that this petition be deemed consistent with the Transportation
Element of the GMP.
Portions of this facility may be exempt from concurrency, as determined by Florida. Statute
Section 163.3180 (4)(b), as amended by Senate HB 7203. However, there are no proposed
square footage limitations in tlle proposed zoning district that would define or delineate the uses
that would be considered exempt [from concurrency requirements]. versus those uses that would
remain subject to concurrency. In other words, both 'exempt' and 'non-exempt' facilities would
be allowed within the proposed zoning district with no distinction on that status being
detemlined here.
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
Revised 10130/09
Page 6 of 21
Agenda Item No, 17B
February 23, 2010
Page 22 of 100
It should be noted that the applicability of concurrency (or lack thereof) does not eliminate the
necessity to accommodate operational deficiencies that might be caused by the projects allowed
in the proposed zoning district. As such, each development application Site Development Plan
(SDP), Site Development Plan Amendment (SDP A), or Plat (PPL), etc. within the AOPUD shall
be required to submit a TIS consistent with the TIS guidelines whether it is to be exempt from
concurrency or not. At the time each traffic study is approved, each forthcoming project shall be
responsible to identify and remediate any operational deficiencies caused by that project.
Additionally, those land uses being proposed within this zoning district that are subject to
concurrency shall be required to address capacity issues on the adjacent roadway network.
Conservation and Coastal Management Element (CCME): Objective 2,2 of the Conservation
and Coastal Management Element of the Growth Management Pian states, "All canals, rivers,
and flow ways discharging into estuaries shall meet all applicable federal, state, or local water
quality standards."
To accomplish that policy 2.2.2 states "In order to limit the specific and cumulative impacts of
stormwater runoff, stormwater systems should be designed in such a way that discharged water
does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and
quality of fresh water (discharge) to the estuarine system."
This project is consistent with Objectives 6. I and 6.2 regarding the selection of preserves. The
property site contains 1484.00 acres of which 363.48 acres is considered native vegetation. The
proposed native vegetation preserve of 137.03 acres fulfJlls the minimum requirement of 54,52
acres or 15 percent of the existing native vegetation on site.
As required by Policy 6,1,4, prohibited exotic vegetation shall be removed from the site and the
site will be maintained exotic free in perpetuity.
The EIS required by Policy 6,1.8 was prepared and reviewed by the Environmental Advisory
Council. (The outcome of which is addressed later in this report,)
As required by Policy 6.2,1, a wetland jurisdictional determination has been conducted by the
South Florida Water Management District (SFWMD). (See EIS Exhibit 3),
In accordance with Policy 6,2.6, required preservation areas are identified on the PUD master
plan. Allowable uses within the preserve areas are included in the PUD document. Uses within
preserve areas shall not include any activity detrimental to drainage, flood control, water
conservation, erosion control, or fish and wildlife conservation and preservation.
As required by Policy 7.1,2, a listed species survey was conducted on the property and it is
contained in the EIS (Exhibit 10),
In accordance with Policy I I, 1.2, correspondence was sent to the Florida Department of the State
Division of Historical Resources (DHR) regarding possible archaeological or historical sites
within the majority of the Project area. In a letter dated January 31, 2005, the DHR stated that no
cultural resources are known to exist in the Project area that was reviewed and that no cultural
resources will be affected by the Project (Exhibit 14).
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
Revised 10/30/09
Page 7 of21
Agenda Item No. 17B
February 23, 2010
Page 23 of 100
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as
this proposed PUD rezone. Staff is required to make a recommendation regarding a finding of
consistency or inconsistency with the overall GMP as part of the recommendation for approval,
approval with conditions, or denial of any rezoning petition. A finding of consistency with the
FLUE and FLUM and the lAMP designations is a portion of the overall finding that is required,
and staffbe\ieves the petition is consistent with the FLUM, the FLUE and the lAMP as indicated
previously in the GMP discussion. The proposed amendment is consistent with the GMP
Transportation Element, the Economic Element and The CCME Elements also as previously
discussed. Therefore, staff recommends that the petition be found consistent with the overall
GMP.
ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition including the criteria
upon which a recommendation must be based, specifically noted in LDC Subsection
10,02.13,B.5, Planning Commission Recommendation (commonly referred to as the "PUD
Findings"), and Subsection 1 0,03.05.1, Nature of Requirements of Planning Commission Report
(referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's
recommendation. The CCPC uses these same criteria as the basis for their recommendation to
the Board of County Commissioners (BCC), who in turn use the criteria to support its action on
the rezoning request. An evaluation relative to these subsections is discussed below, under the
heading "Zoning and Land Development Review Analysis." In addition, staff offers the
following analyses:
Environmental Review: Environmental Services staff has reviewed the petition and the PUD
documents to address any environmental concerns. This petition was required to submit an
Environment Impact Statement (BIS) and a hearing before the Environmental Advisory
Commission (EAC) was held as noted later in this report.
As part of the EAC hearing, Environmental staff prepared and presented a staff report which is
included in the back up material for this petition. The EAC staff report included the following
conditions of approval:
1. Provide an updated listed species survey as part of the next development order,
], Provide Florida black bear, Big Cypress fox squirrel, and burrowing owl
management plans as part of the next development order,
3, Provide a gopher tortoise relocation management plan as part of the next
developnlentorde~
4. Provide a report to the Environmental Services staff on the results of the relocation
of the gopher tortoises within thirty days of relocation, The report nlust contain the
following infornlation: the number of burrows excavated, the number of tortoises
relocated, and the final relocation site,
5, Prior to the CCPC hearing, the PUD docunlent and legal description shall exclude
the wetland ditch acreage as part of the preservation requirement,
PUDZ-2007-AR-12294: Immokalee Airport AOPUD
Revised 10/30/09
Page 8 of 21
Agenda Item No. 17B
February 23,2010
Page 24 of 100
Stormwater Manaf!ement Review: Stormwater Management Review Staff (Engineering) has
reviewed this as part of the EAC staff report. Those comments are provided below:
The Immokalee Regional Airport Project sits mostly within the Barron River North sub-basin
and partially within the Urban Immokalee sub-basin of the Barron River Canal (BRC) basin.
The allowable Discharge Rate within those sub-basins is 0.15 cfs per acre and the discharged
flow goes into the SR 29 canal and southward down the SR 29 canal to the Barron River and the
10,000 Islands in the Everglades City area.
The entire 1381 acres of the Immokalee Regional Airport project are covered for surface
stormwater management under SFWMD Enviromnental Resource Permit #1I-00999-S (with
modifications), Section 2 -1193(0) of the Collier County Codes of Laws and Ordinances states
"The surface water management aspects of any petition, that is or will be reviewed and
permitted by South Florida Water Management District (SFWMD), are exempt from review by
the EAC except to evaluate the criteria for allowing treated stiirinwater to'be discharged into
Preserves as allowed in Section 3.05.07."
Transportation Review: Transportation Department Staff has reviewed the petition and accepted
the petition without a Traffic Impact Statement, therefore the extent of any necessaI)'
improvements cannot be determined at this time. The determination will be made at the next
development order stage, Additionally, Transportalion Planning staff has included a stipulation
to require additional, traffic analysis should a GMP amendment be submitted to allow uses that
could increase traffic. The stipulation is included in PUD document, Exhibit F.A.2, reading as
follows:
If a comprehensive plan amendment is sought to allow development within that tract
[the Expansion Tract] that could allow increased trip generation for the AOPUD, then
the potential traffic impacts shall require additional analysis for consistency with
Policy 5,/ of the Transportation Element of the GMP,
Utility Review: The Utilities Department Staffhas reviewed the petition and notes the following:
The project does not impact the Collier County Water and Sewer District. The project location is
not within Collier County Water and Sewer Service Area. This development is within the
Immokalee Water and Sewer District. When this project reaches the SDP process, a letter from
the franchised utility system must be submitted to Collier County Community Development
Engineering Services Department stating the available capacity; and Collier County Ordinance
90-30 (as amended) and Ordinance 2004-50 (as amended) shall apply when referencing Solid
Waste and Recycling. No comments were received from the Immokalee Water and Sewer
District regarding this petition,
Emerf!encv Manaf!ement Review: Emergency Management staff provided the following
comment: The Immokalee Regional Airport is not located in hurricane surge zone. The
Emergency Management Department has no issues with this project. The petitioner did not
evaluate nor is it proposing mitigation to offset any demands that may be created by the rezone
action.
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
Revised 10/30/09
Page 9 0121
Agenda Item No, 17B
February 23,2010
Page 25 of 100
Affordable Housinil Review: The Housing & Human Services staff did not review this petition
because the majority of the uses proposed are industrial or commercial. The petitioner did not
evaluate nor is it proposing mitigation to offset any housing demands that may be created by the
rezone action.
Zeninil Review: According to LDC Subsection 2,03.06,C.5, the AOPUD zoning district is
intended "to accommodate and regulate those lands on which public airports and ancillary
facilities are to be located," As noted previously, the subject site is already partially developed
for those uses, with expansion proposed,
The development standards proposed for this site are unique in that Collier County does not have
an Airport Zoning District; therefore, there are no conventional zoning district standards to
mimic. The Airport Operations Tract development standards contains a caveat that all structures
must be in compliance with FAA standards recognizing that aircraft will be utilizing this portion
of the site as well as the special configuration required to house aircraft, The Industrial
Development Tract development standards are similar to the Industrial Zoning District standards
but recognize the distinctiveness of industrial uses that will be utilizing the airport 'operations as
well as conventional land transportation.
PUD Findings: LDC Subsection 10,02,13.8.5 states that, "In support ofits recommendation, the
CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria":
], The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities,
As discussed in the staff report and the following Rezone Findings, the type and pattern of
development proposed should not have a negative impact upon any physical characteristics
of the land, the surrounding areas, traffic and access, drainage, sewer, water, and other
utilities. Furthermore, this project, if developed, will be required to comply with all county
regulations regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00
Adequate Public Facilities of the LDC.
2, Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, particularly as they may
relate to arrangements or provisions to be made for the continuing operation and maintenance
of such areas and facilities that are not to be provided or maintained at public expense.
Documents submitted with the application provide satisfactory evidence of unified control.
The general LDC development regulations make appropriate provisions for the continuing
operation and maintenance of common areas.
3, Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP),
County staff has reviewed this petition and has offered an analysis of the relevant goals,
objectives and policies of the GMP within the GMP discussion of this staff report. Based
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
Revised 10/30109
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Agenda Item No. 17B
February 23,2010
Page 26 of 1 00
on that analysis, staff is of the opinion that this petition can be found consistent with the
overall GMP,
4, The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and bziffering and screening
requirements,
Tbe development standards, landscaping and buffering requirements contained in this
petition are designed to make the proposed uses compatible with the adjacent uses, The
staff analysis contained in the staff report support a finding that this petition is compatible,
both Internally and externally, with the proposed uses and with the existing surrounding
uses. Additionally, the Development Commitments contained In the PUD document
provide additional guidelines the developer will have to fulfill,
5, The adequacy of usable open space areas in existence and as proposed to serve the
development,
The amount of open space set aside for this project meets the minimum requirement of the
LDC.
6, The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private,
Currently, the roadway infrastructure has adequate capacity to serve the proposed project
at this time, I.e., GMP consistent at the time of rezoning as evaluated as part of the GMP
Transportation Element consistency review indicates, with the notation that some portions
of the project are exempt from concurrency requirements. However, as noted in that
Transportation Element analysis, the developers will be required to provide a TIS as part
of subsequent development orders to prove that adequate capacity exists, or to correct
deficiencies. In addition, the project's development must comply with all other applicable
concurrency management regulations when development approvals are sought.
7, The ability of the subject property and of surrounding areas to accommodate expansion.
See #6 above.
8, Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications are justified as meeting
public purposes to a degree at least equivalent to literal application of such regulations,
The petitioner is seeking six deviations to allow design flexibility in compliance with the
purpose and intent of the Planned Unit Development Districts (LDC Section 2.03,06A).
This criterion requires an evaluation of the extent to which development standards and
deviations proposed for this POO depart from development standards that would be
required for the most similar conventional zoning district. Staff believes all the deviations
proposed can be supported, finding that, in compliance with LDC Section lO.02.13.A.3, the
petitioner has demonstrated that "the elements may be waived without a detrimental effect
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
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Agenda Item No. 17B
February 23, 2010
Page 27 of 100
on the health, safety and welfare of the community" and LDC Section lO.02.13.B.5.h, the
petitioner has demonstrated that the deviations are "justified as meeting public purposes to
a degree at least equivalent to literal application of such regulations." Please refer to the
staff report for a more extensive examination of the deviations.
Rezone Findimzs: LOC Subsection JO,03,05,L states, "When pertaining to the rezoning of land,
the report and recommendations to the planning commission to the Board of County
Commissioners...shall show that the planning commission has studied and considered proposed
change in relation to the following when applicable" (Staff's responses to these criteria are
provided in bold/ont):
J, Whether the proposed change will be consistent with the goals, objectives, & policies 0/ the
Future Land Use Map and the elements o/the Growth Management Plan.
As noted in the GMP Consistency portion of this report, the proposed development
standards revision would not affect the project's prior consistency rmding. The project
remains consistent with the goals and objectives of the FLUE and the applicable portions
other elements. Therefore, staff recommends that this petition be deemed consistent with
the GMP,
], The existing land use pattern;
As described in the "Surrounding Land Use and Zoning" portion of this report, the
neighborhood's existing land use pattern is characterized by industrially or agriculturally
zoned and used lands in all directions and on all sides. The uses proposed in this petition
should not create incompatibility issues. The airport as well as many of the other uses
already exist on site with seemingly no adverse affects on the neighborhood. Historically
speaking, the airport use on site may predate many if not most of the existing uses.
3. The possible creation 0/ an isolated district unrelated to adjacent and nearby districts;
The proposed PUD rezone would not create an isolated zoning district because, with the
exception of the Expansion Tract, the zoning boundary mirrors the existing property
ownership boundary and current Industrial Zoning District boundary lines.
4, Whether existing district boundaries are illogically drawn in relation 10 existing conditions
on the property proposed/or change,
The proposed PUD boundaries are inclusive of the existing airport and the Industrial
Zoning District boundaries. In addition, the Expansion Tract's location is shown in a
logical location, at the terminus of the planned runway expansion.
5, Whether changed or changing conditions make the passage 0/ the proposed rezoning
necessary.
The proposed change is not necessary, but is appropriate for this location based upon tbe
county's future airport use plans, the site's FLUE desiguation.
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
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Agenda Item No, 17B
February 23,2010
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6, Whether the proposed change will adversely influence living conditions in the neighborhood;
Staff is of the opinion that the proposed change, with the commitments made by the
applicant, is consistent with the County's land use policies that are reflected by the Future
Land Use Element (FLUE) of the GMP. Therefore, the proposed change should not
adversely impact living conditions in the area.
7. Whether the proposed change will create or excessively increase trafflc congestion or create
types of trafflc deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular trafflc, including activity during construction phases of the
development, or otherwise affect public safety.
The roadway infrastructure has adequate capacity to serve the proposed project at this
time. This project was evaluated for GMP consistency as shown in that section of this
report. That evaluation notes that some portions of the project are exempt from
concurrency requirements. However, as noted in that Transportation Element analysis,
the developers will be required to provide a TIS as part of subsequent development orders
to clearly prove that adequate capacity exists, or to correct deficiencies (See PUD document
Exhibit F.A,3.). In addition, the project's development must comply with all other
applicable concurrency management regulations when development approvals are sought.
8, Whether the proposed change will create a drainage problem;
The proposed change should not create drainage or surface water problems hecause the
LDC specifically addresses prerequisite development standards that are designed to reduce
the risk of flooding on nearby properties. Any proposed water management and drainage
system will need to be designed to prevent drainage problems on site and be compatible
with the adjacent water management systems. Additionally, the LDC and GMP have
regulations in place that will ensure review for drainage on new developments.
9, Whether the proposed change will seriously reduce light and air to acijacent areas;
If this petition were approved, any subsequent development would need to comply with the
applicable LDC standards for development or as outlined in the PUD document. This
project's property development regulations would encourage compact development thus
the developed project should not significantly reduce light and air to adjacent areas; thus
the development proposed, if approved, should not negatively affect light and air
permeation into adjacent areas.
10, Whether the proposed change will adversely affect property values in the adjacent area;
This is a subjective determination based upon anlicipated results which may be internal or
external to the subject property. Property valuation is affected by a host of factors
including zoning; however zoning by itself mayor may not affect values, since value
determination is driven by market value. There is no guarantee that the project will be
marketed in a manner comparable to the surrounding developments.
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
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Agenda Item No, 176
February 23,2010
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11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
Properties around this property are already partially developed. The basic premise
underlying all of the development standards in the Land Development Code is that their
sound application, when combined with the site development plan approval process and/or
subdivision process, gives reasonable assurance that a change in zoning will not result in
deterrence to improvement or development of adjacent property. Therefore, the proposed
zoning change should not be a deterrent to the improvement of adjacent properties.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
The proposed development complies with the Growth Management Plan, as stipulated for
approval, a public policy statement supporting Zoning actions when they are consistent
with said Comprehensive Plan. In light of this fact, the proposed change does not
constitute a grant of special privilege. Consistency with the FLUE is further determined to
be a public welfare relationship because actions consistent with plans are in the public
interest.
13, Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
The property is zoned for industrial and agricultural purposes, and could be developed
within the parameters of those zoning districts; however, the petitioner is seeking this
amendment in order to respond to future needs of the airport.
LDC Section 2.03.06 which sets forth the purpose and intent of Plan Unit Development
Districts says in part:
It is further the purpose and intent of these PUD regulations to encourage ingenuity,
innovation and imagination in the planning, design, and development or
redevelopment of relatively large tracts of land under unified ownership or controL
PUDs . . . . may depart from the strict application of setback, height, and minimum
iot requirements of conventional zoning districts while maintaining minimum
standards by which flexibility may be accomplished, and while protecting the public
interest. . . .
Staff believes Ihe proposed rezone meets the intent of the PUD district and further, believes
the public interest will be maintained.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
As noted previously, the proposed rezone boundary follows the existing airport property
boundary with the exception of the Expansion Tract which is a logical extension area. The
GMP is a policy statement which has evaluated the scale, density and intensity of land uses
PUDZ-2007-AR-12294; Immokalee Airport AOPUD Page 14 of 21
Revised 1 0130109
Agenda Item No. 17B
February 23,2010
Page 30 of 1 00
deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is
of the opinion that the development standards and the developer commitments will ensure
that the project is not out of scale with the needs of the community,
15. Whether is it impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
This criterion is not applicable to this amendment as the airport use is already established
on this site. In addition, the petition was reviewed on its own merit for compliance with the
GMP and the LDC; and staff does not review other sites in conjunction with a specific
petition.
16, The physical characteristics of the property and the degree of site alteration, which would
be required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
This site has already been altered and partially developed in compliance with the
applicable LDC requirements.
17, The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management Plan and
as defined and implemented through the Collier County Adequate Public Facilities Ordinance,
as amended,
The project will have to meet all applicable criteria set forth in LDC Section 6.02.00
regarding Adequate Public Facilities and the project will need to be consistent with all
applicable goals and objectives of the GMP regarding adequate public facilities, except as it
may be exempt by federal regulations. This petition has been reviewed by county staff that
is responsible for jurisdictional elements of the GMP as part of the amendment process and
those staff persons have concluded that no Level of Service will be adversely impacted with
the commitments contained in the PUD document.
18. Such other factors, standards, or criteria that the Board of County Commissioners shall
deem important in the protection of the public health, safety, and welfare,
To be determined by the BCC during its advertised public hearing.
Deviation Discussion: The petitioner is seeking numerous deviations from the requirements of
the LDC. The deviations are listed in PUD Exhibit E with the petitioners' rationale provided to
support each deviation provided in a separate document that is included in the application
material.
Deviation 1 seeks relief from LDC Section 3.05.10 which regulates littoral plantings to allow
water quality to be met according to SFWMD regulations.
Petitioners' Rationale and Staff Analysis: The petitioner states this deviation is needed because
littoral plantings zones create habitat and attract wildlife, Birds attracted to these areas create a
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
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Agenda Item No, 176
February 23, 2010
Page 31 of 100
dangerous environment for aircraft, and should not be encouraged to nest, feed or fly into the
airport area.
Littoral plantings are also a way to improve water quality in the required water management
lakes, In lieu of littoral plantings to address water quality, the applicant proposed to utilize
sodded dry detention areas and drainage ditches. As explained by the petitioner in the Deviation
Justification:
These dry sodded areas will treat the water passing through them, removing pollutants
and unwanted nutrients more effectively than a littoral planting area would Based on
the lake area shown on the Conceptual Water Management Plan, we would be
required to provide an estimated 122,000 square feet of littoral area; however, more
than 360,000 square feet of sodded drainage ditches are anticipated, and thousands
more square feet of dry detention areas are yet to be delineated, The drainage ditches
and dry detention are in addition to the water quality treatment that will be provided
in compliance with the South Florida Water Management District's criteria and the
Environmental Resource Permit issued for this project, which require an additional
half inch of pre-treatment prior to discharge into the proposed lakes, and an
additional 50% water quality volume prior to discharge into the Fakahatchee Strand
Recommendation: Staff believes the alternative proposed in this deviation will be adequate.
Zoning and Land Development Review staff recommends APPROVAL of this deviation. finding
that. in compliance with LDC Section 10.02,13.A.3. the petitioner has demonstrated that "the
element mav be waived without a detrimental effect on the health. safety and welfare of the
community." and LDC Section 10,02, 13,B.5.h. the petitioner has demonstrated that the deviation
is "iustified as meetinlZ public purposes to a del!J'ee at least eauivalent to literal application of
such rel!Ulations."
Deviation 2 seeks relief from LDC Section 4.05,08 which requires bicycle parking to allow
secured access facilities or sites that will have access to the taxiways of the airport to be exempt
from the requirement.
Petitioners' Rationale and Staff Analysis: The petitioner states this deviation is needed because:
The Immokalee Regional Airport will have areas that are subject to very limited
access for security purposes, These may be developed over time as stand-alone
hangars or other secured sites. It is unnecessary to provide bicycle parking for these
areas and for areas that will be accessible from the runways, No detriment to public
health, safety or welfare is anticipatedfrom approval of this request,
Staff concurs with the applicant's assessment of the situation for this particular project. For areas
where there will be no pedestrian or bicycle access or required parking spaces, there seems to be
no need to provide facilities to park bicycles.
Recommendation: Staff believes this deviation can be supported given the exclusive airport
situation, Zoning and Land Development Review staff recommends APPROVAL of this
deviation. finding that. in compliance with LDC Section lO.02.13.A.3. the petitioner has
demonstrated that "the element mav be waived without a detrimental effect on the health. safety
and welfare of the community." and LDC Section 10,02,13,B,5,h. the petitioner has demonstrated
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
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Agenda Item No, 178
February 23,2010
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that the deviation is "justified as meeting public purposes to a del!1'ee at least eauivalent to literal
lIDplication of such regulations."
Deviation 3 seeks relief from LDC Section 5,05.08 which requires all sides of an buildings to
meet primary fayade/architectural design standards to allow buildings within the Airport
Operations Tract and all aviation-related structures to be exempt from the requirement and to
allow all other buildings to have primary fayacle requirements only on sides that face a roadway
accessible to the general public.
Petitioners 'Rationale and Staff Analysis: The petitioner states this deviation is needed because:
Many of the structures that are anticipated on this site will serve aviation purposes,
such as hangar buildings, which are large structures traditionally not subject to
architectural embellishment, Large overhead doors or doors that slide open sideways
are commonly necessary for these sites. These features preclude compliance with the
Code's architectural design regulations, The LDC already provides separate
standards for warehousing and industrial uses, however, this property cannot be
subdivided which will complicate the application of those regulations, Devising a
separate process will simplify reviews and will fUrther the ecolWmic development
goals of the County, No detriment to public health, safety or welfare is anticipated
from the granting of this deviation.
This is actually a multi-faceted deviation. The petitioner is seeking to: I) eliminate any primary
fll9ade!architectura1 design standards within the Airport Operations Tract for all portions of any
building, and 2) eliminate any primary fayade!architectural design standards for an portions of all
aviation-related structures in all Tracts; and 3) reduce the requirements for all other for any
portion of any building located in the Industrial Development tract except that buildings that
"face a roadway accessible to the general public" win meet the primary fll9ade requirements, but
only on that roadway side.
Recommendation: Staff believes this deviation can be supported given the exclusive airport
situation. Zoning and Land Development Review staff recommends APPROVAL of this
deviation. findin2 that. in compliance with LDC Section 10.02. 13.A.3. the petitioner has
demonstrated that "the element mav be waived without a detrimental effect on the health. safetY
and welfare of the community." and LDC Section 10.02,13,B.5,h. the oetitioner has demonstrated
that the deviation is "justified as meeting public purposes to a deme at least eauivalent to literal
application of such regulations, "
Deviation 4 seeks relied from LDC Sections 5,06,01-5,06,07 which restricts the number, type
and location of signs to allow additional on-site signs as though the property were subdivided
and Airpark Boulevard were a platted right-of-way, and to anow roof signs as a permitted sign
type.
Petitioners'Rationale and Staff Analysis: The petitioner provided the following justification in
support of this deviation:
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
Revised 10/30/09
Page 170121
Agenda Item No, 17B
February 23, 2010
Page 33 of 100
Signage at airports serves a greater purpose than many facilities, It not only serves to
advertise, but to guide the traveling public on the ground, as well as those traveling by
air. The regulations contained in the Land Development Code do not consider this
factor, the need for additional way-finding signs, or the need to ensure that lighting
regulations do not interfere with safe air travel, In addition to the unusual use of the
site, this property will net be subdivided, so technically, there could be many more
signs necessary to advertise various businesses than would be permitted by a strict
interpretation of the Code, Development of the airport will progress over several
years, which makes it difficult to predict the specific needs of the future tenants,
Therefore, alternative designs will be determined in cooperation with staff, in
accordance with the interlocal agreement, This deviation is requested to protect
public health, safety and welfare,
Staff concurs with the applicant's assessment of the situation for this particular project.
Recommendation: Staff believes this deviation can be supported given the exclusive airport
situation, Zoning and Land Development Review staff recommends APPROVAL of this
deviation. finding that. in compliance with LDC Section IO.02.l3.A.3. the oetitioner has
demonstrated that "the element mav be waived without a detrimental effect on the health. safety
and welfare of the commWlitv." and LDC Section IO.02,I3,B.5,h. the petitioner has demonstrated
that the deviation is "justified as meeting public purooses to a degree at least equivalent to literal
apolication of such regulations."
Deviation 5 seeks relief from LDC Section 4,06.03, which contains landscape requirements for
vehicular use areas and rights-of-way, to require an area equal to ten percent of paved, marked
automobile parking spaces only to be planted with vegetation to be maintained at less than 36
inches in height. Required trees will be relocated to a more appropriate location within the PUD,
This deviation shall apply only to development within the secured, fenced airport area.
Petitioners'Rationale and Staff Analysis: The petitioner provided the following justification in
support of this deviation:
The developed areas within the secured fence of the airport will contain large amounts
of pavement for airplane movement and parking, Trees and shrubs can interfere with
sightlines and with the movement of the planes given the clear area needed to
accommodate their wingspan. The applicant wishes to clearly differentiate between
areas used by airplanes and areas used by automobiles, Required trees for the
automobile parking areas may be relocated to a more appropriate location. This
deviation request will increase safety and welfare by reducing potential conflicts
between planes and landscape materials,
Staff concurs with the applicant's assessment ofilie situation for this particular project.
Recommendation: Staff believes this deviation can be supported given the exclusive airport
situation, Zoning and Land Development Review staff recommends APPROVAL of iliis
deviation. finding that. in compliance with LDC Section lO,02,I3.A.3. the petitioner has
demonstrated that "the element mav be waived without a detrimental effect on the health. safety
PUDZ-2007 -AR-12294; Immokalee Airport AOPUD
Revised 10/30/09
Page 18 of 21
Agenda Item No. 178
February 23,2010
Page 34 of 100
and welfare of the communitv." and LDC Section IO,02.13,B.5.h. the petitioner has demonstrated
that the deviation is "justified as meetimz public ourooses to a degree at least eauivalent to literal
aoplication of such relZl1lations."
Deviation 6 seeks relief from LDC Subsection 4,06.05.B which requires one canopy tree per
3,000 square feet of pervious surface to waive this requirement. This deviation shall apply only
to development within the secured, fenced airport area.
Petitioners'Rationale and Staff Analysis: The petitioner provided the following justification in
support of this deviation:
An airport has a much larger amount of pervious surface than most developments, It
would be onerous to require the traditional number of trees, This amount of vegetation
could create an undesirable, unsafe situation by attracting additional birds and other
wildlife to the area, The property will still provide required perimeter buffering which
will soften the effect of this deviation, Additionally, the overall PUD is preserving an
area in excess of the native vegetation requirement, Only 54.52+/- acres of preserve
are required but more than 137 acres are provided This likely more than offsets the
general trees that will not be provided due to this deviation. No detriment to public
health, safety or welfare is anticipatedfrom approval of this request,
Staff concurs with the applicant's assessment of the situation for this particular project.
Recommendation: Staff believes this deviation can be supported given the exclusive airport
situation, Zoning and Land Develooment Review staff recommends APPROVAL of this
deviation. finding that. in compliance with LDC Section 10.02.13.A.3. the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health. safety
and welfare of the communitv." and LDC Section I 0.02.13.B.5,h. the Petitioner has demonstrated
that the deviation is "justified as meeting public ourooses to a dee:ree at least eauivalent to literal
application of such relZl1lations. "
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC heard this petition on October 6, 2009, and voted 5 to 0 to approve this petition with
the following stipulations:
I. Provide an updated listed species survey as part of the next development order,
2, Provide Florida black bear, Big Cypress fox squirrel, and burrowing owl
management plans as part of the next development order with the most recent
FWC telemetry points for Florida black bear and wading bird rookeries,
3, Provide a gopher tortoise relocation management plan as part of the next
developmentorde~
4, Provide a report to the Environmental Services staff on the results of the
relocation of the gopher tortoises within thirty days of relocation. The report
must contain the following information: the number of burrows excavated, the
number of tortoises relocated, and the final relocation site.
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
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Page 190121
Agenda Item No, 178
February 23,2010
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5, Prior to the CCPC hearing. the PUD document and legal description shall
exclude the wetland ditch acreage as part of the preservation requirement,
Stipulations 1,2,3 and 5 have been added to the PUD document Exhibit F. Stipulation 4 has
been addressed by the applicant on Exhibit C.
NEIGHBORHOOD INFORMATION MEETING CNIMl:
The meeting was duly noticed by the applicant and held on March 3, 2009 at 5:30 p,m. at the
Inunokalee Regional Airport. Nine people from the public attended, as well as the applicant's
team (Heidi Williams, of Grady Minor, Inc.) and county staff. Ms. Williams presented an
overview of the requested rezone from the Industrial Zoning District to the Airport Operations
Planned Unit Development (AOPUD) Zoning District.
There was no opposition from those in attendance on the requested Rezone; however the
following questions were asked: . , '... ,
Is the property currently owned by Collier Enterprises included in the rezone? Ms. William
replied yes, as they were considered co-applicants on this request.
How much runway can the airport put down if the rezone is approved? Ms, Williams replied that
there are currently plans for two phases of expansion; however, that cannot occur until the
zoning is approved, Ms. Deselem offered as a rough guess about 1,500 more feet of run way
could be added.
Participants asked what kind vegetation would be on the site. Ms. Williams responded that the
western edge of the property will be native vegetation,
The meeting ended at approximately 6:25 p,m,
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for PUDZ-2007-AR-12294 revised on
October 30, 2009.
RECOMMENDATION:
Staff recommends that the CCPC forward Petition PUDZ-2007-AR-12294 to the BCC with a
recommendation of approval subject to the conditions of approval as incorporated in Exhibit "F"
of the AOPUD Ordinance,
Attachments: A.
B.
C,
Ordinance
EAC Staff Report
Comprehensive Planning Memo, dated September 16,2009
~
PUDZ-2007-AR-12294; ImmokaJee Airport AOPUD
Revised 10/30/09
Page 20 of 21
PREPARED BY:
/O!J.J!Oq
KA SELEM, AICP, PRINCIPAL PLANNER DATE
DEP ARfMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
/L....J(f,M _ -10'~7'o<y
~ YM~ BELLOWS, ZONING MANAGER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
~ In. ~ /t)/Z2h9
~USAN M. ISTENES, AICP, DIRECTOR ' DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
;~/30!~r
EPHK. SCHMITT ADMINISTRATOR ' DAT
MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the January 12,2010 Board of County Commissioners Meeting
COLLIER COUNTY PLA
\1-~ 11 r D;
DATE
PUDZ-2007-AR-12294; Immokalee Airport AOPUD
Revised 10/21109
Page 21 of 21
Agenda Item No. 178
February 23, 2010
Page 36 of 100
~~r C:;:ou:nty
Agenda Item No, 17B
February 23, 2010
Page 37 of 100
Consistency Review Memorandum
To:
Kay Deselem, AICP, Principal Planner
Zoning and Land Development Review Department
From:
Corby Schmidt, AICP, Principal Planner
Comprehensive P1.nning Department
Date:
September 16, 2009
Subject
Immokalee Area Master Plan (lAMP) Consistency Review (4B)*
PETITION NUMBER: PUDZ-2007-AR-12294
PETITION NAME: Immokalee Regional Airport - Airport Operations Planned Unit Development
REQUEST: The petitioner has submitted a proposed rezone for the Immokalee Regional Airport from
the I, Industrial and A. Rural Agricultural districts [including the MHO, Mobile Home Overlay] to the
Airport Operations Planned Unit Development (AOPUD), Typical airport facilities are situated on a
portion of the 1,484-acre subject property. The updated petition includes an additional 103 acres,
increasing the subject property from 1,381 acres initially proposed. The additional acreage is designated as
the "Expansion Tract" and intended as a Runway Protection Zone for the future east/west runway
extension and as additional area for limited development, Other areas may continue to be used for
agricultural purposes and are reserved for future industrial development and, preserve and upland habitat
management areas,
*[Note: V mion 4 B revisions to Consistency Review No.4 put a ,.-emphasis on staff concerns,
and minor reformatting and editing,}
LOCATION: The proposed Airport Opemtions PUD is located in Sections 25, 26, 27, 34, 35 and 36,
TOWIlShip 46 South, Range 29 East, and Sections 2 and 3, TOWIlship 47 South, Range 29 East. It lies
generally north of Immokalee Road (CR 846) and east of Airport Road/ Attways Avenue and Alachua
Street/Florida Tradeport Way at the northeast edge of town. Agricultural land uses lie beyond,
The Immokalee Regional Airport "Airport Operations Tmct" is one component of the AOPUD subject
property, encompassing approximately 552 acres, The "Industrial Development Tmct" has approximately
692 acres, the "Expansion Tmct" has approximately 103 acres, and the "Preserve Tract" makes up the
remaining 137 acres,
BACKGROUND
The Immokalee Regional Airport was originally a WWII bomber-training base. The Federal Surplus Act
eventually turned the airport over to the County in the 1960s, For approximately thirty years, the airport
sat dormant. Shortly afte1: its creation in 1993, the Collier County Airport Authority drew up innovative
plans for the site, including extensive designs to expand the runways, bring in cargo-carrying businesses.
and turn some of the land into an industrial park.
Agenda Item No, 178
PUD[~~JiJ~Ug
16 S eptemb".2009
Page.2 -
Initial pnts helped to build a fuel fann, a road, aircraft hangars, a ramp, taxiway, and the first building.
Over time, the original plans of the Authority have changed to suit the changing needs at the airfield, but
the long-term goals remain essentially the same: to turn the histonc facility into a viable industrial park
attracting businesses that will hire and train local workers, to bring in international cargo carriers and U,S.
Customs officials, and to contribute new and vital industry to the local economy,
The airport is configured with two active 5,Ooo-foot by 150-foot asphalt runways (orientations: 18/36 and
09/27), and provides general aviation facilities such as pilot's lounge and shop, passenger terminal,
aviation-pde gasoline and jet fuels, plus g1'ound transportation and a casino shuttle.
The airport is in a designated Horida Rural Enterprise Zone and a HUB Empowennent Zone, which
supports economic revitalization in high unemployment or otherwise economically dormant areas within
the state by offering tax incentives to businesses, located within the Enterprise Zone, The HUB Zone
Empowennent Contracting Program is a United States Small Business Administration prog1'am that
provides federal contracting assistance for qualified small businesses in historically underotilized business
(HUB) areas, or zones,
Additionally, a 60-acre zone in and around the Airport is a designated Foreign Trade Zone (FTZ), and
Immokalee is designated a Foreign Entrepreneurial Investment Zone by the Honda Department of Labor
and Employment Security, The FTZ designation offers companies the convenience of deferring any
duties or taxes until the business ships the goods outside of the FTZ, The Entrepreneurial Investment
Zone designation allows foreign business owners seeking permanent residency in the U,S, to invest
$500,000 in capital over a two-year period in a new or existing business within the Immokalee area,
The Horida Tradeport, located adjacent to the Immokalee Regional Airport, provides business
opportunities in both aviation and non-aviation related fields. With a U,S, Customs Port of Entry located
on the property, the airport is well suited for tenants specializing in international air cargo, A newly built
customs processing facility at the Immokalee Regional Airport enables businesses to clear customs for
import and export in Collier County, The facility, which is part of the Immokalee Manufacturing and
Technology Center at the Immokalee Regional Airport, allows a carrier to either land at the airport and
immediately clear customs, or even bring cargo by any method through one of the other Ports of Entry in
the State of Horida with the customs clearing taking place in Immokalee,
The airport is also used for aerial fire fighting and crop dusting operations, and hosts International Hot
Rod Association (IHRA) sanctioned drag racing events,
COMPREHENSIVE PLANNING COMMENTS: The originall,381-acre proposed development is
located in the Urban Designation, Urban-Industrial District, Industrial Subdistrict, as depicted on the
Immokalee Area Master Plan Future Land Use Map (lAMPFLUM), The additional 103 acres, more or
less, is located in the Agricultural/Rural Designation, Agricultural/Rural Mixed Use District within the
Rural Lands Stewardship Area Overlay (RLSAO), as depicted on the Future Land Use Map (PLUM) of the
Growth Management Plan.
The Immokalee Airport Operations PUD plans for five million square feet of aviation and non-aviation
activities consistent with the Airport Master Plan, Plans include continuing certain unconventional airport
land uses, specifically, competitive automobile racing and its accompanying weekend camping. Immokalee
Airport has facilities for both straight line (drag) racing and carting. The diminutive road course for go-
carts shares a small amount of pavement with the drag strip.
Agenda Item No, 178
PUD!2tjaf~J6?~g
16 S 'Ptember 2009
Pall-) -
The Collier County Fut:ui:e Land Use Element (FLUE), Immokalee Atea Master Plan (lAMP), and the
Land Development Code (LDC) contain specific requirements applicable to development within this part
of Collier County, Certain requirements pertain to industrial development.
[please note that in the following review, FLUE, lAMP and other GMP provisions are shown in italici'{!d
print, while staff analysis and commentary are provided in bold type.]
FUTURE LAND USE ELEMENT (fLUE.)
Policy 4.2:
A detailed Master Plan for the Immo/ep/ee Urban deignaud ar.a has been dewloped and was inrotporated into this Growth
Management Plan in February 199/. Mqjor revisions /11m adopted in 1997 following the 1996 Evaluation and Appraisal
&port, The Immokalee A.-.a Master Plan addresses conservation, future land use, population, remation, transportation,
housing, and the local econonry. Mqjor purposes if the Master Plan are coordination if land J/SU and transportation
planning, redevelupment or renewal if blighted ar.as, and the promotion if economic dewlopment,
Provisions of the Irnmokalee Area Master Plan are addressed separately,
FLUE Policy 5,4 sllltes, "New developments shall be compatible with, and complementary to, the surrounding land uses,
as set forth in the Land Development Code': It is the responsibility of the Zoning and Land Development
Review slllff, as part of their review of the petition in its entirety, to perfonn the compatibility analysis,
Staff notes that although PUD documents list all land uses in this AOPUD as "permitted uses", vehicle
racing facilities are identified by the lAMP and LDC as Conditional Uses "subject to conditional
use approval", and are to be listed accordingly. Vehicle racing activities should also be recognized and
noted as a legal nonconfonning use under its conditional use listing, if it holds the status of a legal
nonconfonning use,
The petitioner's response to questions regarding the treatment of the racing facilities purports, "[t]he
racetrack use is limited to the existing facility, therefore no Conditional Use is required, The use is a legally
non-confonning use of the site", However, this claim is not entirely accurate. Staff contends the
racetrack use commenced at a time when the I, Industrial zoning district did not allow it.
Moreover, it was recognized after-the-fact in the lAMP with the Industrial Subdistrict provision
that "vehicle racing [be allowed], subject to conditional use approval".
The Immokalee Area Master Plan explicidy requires the conditional use process, and a PUD rezone
triggers this requirement to be met. Either the lAMP requirement that vehicle racing [is] subject to
conditional use approval must be removed, or, the conditional use process must be provided for within
the Planned Unit Development so this requirement is fulfilled, A significandy similar situation occurred in
the Golden Gate Area Master Plan (GGAMP), where it required the conditional use process, In that
instance, the County Attorney's Office advised that the PUD cannot override that GGAMP requirement,
In this occurrence, the proposed rezone from the I, Industrial and A, Rural Agricultural districts to the
Airport Operations Planned Unit Development will not be found consistent until such conditional use
provisions are written into PUD documents,
Agenda Item No, 178
PUD[~fWf~6?~~g
16 S'jJumber2009
Page - 4 -
FLUE Objective 7 and its applicable policies (Toward Better Places - Community Character Plan) require
that new development be pedestrian oriented, show traditional neighborhood design, provide
interconnections (vehicular, pedestrian, bicycle) to nearby residential areas, and to nearby commercial areas
(pedestrian, bicycle), These policies are less applicable to the proposed industrial land use(s) on the subject
property.
II. Agricultural/Rural Designation
The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack
public fadlities and services, are environmentalfy sensitive or are in agricultural production. Urbanization is not promoted,
therefore most allowable land uses are of low intensi!Y in an effort to maintain and promote the rural character of these lands.
A. Ag;dcultural/Rural Mixed Use District
The purpose of this District is to protect and encourage agricultural activities, conserve and preserve envirrmmentalb sensiJive
areas, provide for low-densi~ residential development, and other uses identified under the Agricultural/ Rural Designation.
These areas generalb lack public facilities and services. Urbanization is not promoted, therefore most allowable land uses are
of low intensi!Y in an effort t<J maintain and promote the rural character of these lands.
D. Rural Lands Stewardshio Area Overlav
Goal
Collier Coun~ seeks to address the long-term needs of residents and propertY OIJJ/ZerS within the lmmo/ealee Area St1itfy
boundary of the CoU~r County Rxral and Agricultural Area Assessment. Collier County i goal is t<J protect agricultural
activities, to prevent the premature conversion of agricultural land to non-agricultural uses, to direct incompatible uses awqy
from wetlands and upland habitat, t<J enable the conl/ff'sion of rural land to other uses in appropriate locations, to discourage
urbanspraw4 and to encourage development that utili'f!s creative land use planning techniques,
Objective
To meet the Goal described above, Collier County's objective is to create an incentive based land use ooerlqy system, herein
riferred to as the Collier County Rxral Lands Stewardship Area Overlay, based on the principles of rural land stewardsh;p
as difined in Chapter 163.3177(11), F.S. The Policies that wiU implement tbis Goal and Oo/ective are set forth below in
groups relating to each aspect of the GoaL Group 1 poliies describe the structure and organization of the Collier County
Rural Lands S te1JIardsh;p Area Overlay. Group 2 poliies relate to agriculture, Group 3 policies relate to natural resourn
protection, and Group 4 policies relate to conversion of land to other uses and ecollOmic diversification. Group S are regulatory
policies that ensure that land that is IIOt voluntarify included in the Ooerlqy ry its Owlttrs shaU nonetheless meet the minimum
requirements of the Final Order pertaining to natural resource protection.
The additional 103 acres at the far eastern edge of the proposed development site is located within the
Agricultural/Rural Designation, Agricultural/Rural Mixed Use District, as well as the RLSA Overlay.
These additional acres are designated on the RLSAO Map as "Open" and Water Retention Area" (WRA)
lands,
RLSAO Policy 4,6 designates these Open lands for establishing Stewardship Receiving Areas (SRA), Once
established, SRAs serve as "urban oiI/ages, new towns, satellite communities, area-based allocations, clustering and open
space provisions, and mixed-use development that allow the conversion of rural and agricultural lands to other uses while
protecting environmenta/!y sensitive areas, maintaining the economic viability of agricultural and other predominanttJ rural
land uses, and providingfor the cost-ejJicient delivery ofpublic facilities and services",
Agenda Item No, 176
PUDf~lW~j~~g
16 S ept.mber 2009
Pag.-S -
RLSAO Policy 3.3 explains WRAs are established as, 'JUrther protection ftr surface water quality and quantity'~
WRAs are described as, "privatetJ oUllled Itmds that have b.m p.rmitted l:Y the South Florida Water Managem.nt
District to function as agriC1lltural water ...tmtion a...as. In1l1any instances, these WRAs conmt of native wetland or upland
veg.tation; ill oth.r cases th~ a... excavat.d water bodies or 1I1qy contmn exotic veg.tation" and goes on to say, 'Th.
Overlqy provides an incmtive to pmnanmttJ protect WRAs l:Y the,., elimination of incompatible uses and establishmmt of
protection1l1easu...s'~
Generally, the Agricultunll./Rural Designation, Agricultural/Rural Mixed Use District allows a variety of
low intensity uses, including agriculture, low-density residential development, and sporting/recreation
camps, Industrial development is not allowed within the designation, The petitioner does state, "No
development activities mAY occur on the site until such time as the Immokalee Urban Boundary is
amended to. include it." The DRAFT Immokalee Area Master Plan (December 2008) was reviewed for
future changes in the boundary to include this 103 acre addition. No changes to the boundary of the
Immokalee Area Master Plan are proposed,
Reviewing the RLSAO Goals and Objectives, the intent is generally to prevent the premAture conversion
of agricultural land to non-agricultural uses, discomage urban sprawl, and encourage development in
appropriate locations. The non-agricultural uses that are allowed within the RLSAO do not include
industrial uses as a group, In addition to the inconsistency with the RLSAO designation, the revised PUD
including the 103 acres is also inconsistent with the RLSAO Goals and Objectives, Its addition presumes
that the RLSAO designation will change, and that it will be changed to allow industrial development. It is
inappropriate to assume some future GMP amendment will be submitted, approved by the BCC, found
"In Compliance" by the Florida Department of Community AffiUts, and not challenged by an affected
party,
If retained, uses proposed for the additional l03-acre portion must be specifically limited to those
consistent with the present designation.
Applicant Response: Since the last submittal of this PUD application, the proposed Immokalee Area
Master Plan (lAMP) has been revised to add area to the Immokalee Urban Area boundary. The 103 acres
within this project that are presently designated Rural Land Stewardship Area will be included in the new
Urban designation when approved, The lAMP revisions will also propose a new Airport Subdistrict to
tailor the Growth Management Plan to the needs of the Airport. That being said, the proposed PUD
exhibits have been revised to address as many of the Comprehensive Planning staff review comments as
possible,
REVIEW 4 STAFF REMARKS: Resubmittal of the next iteration of the lAMP amendments has
not occurred until recently, and staff cannot confirm the above statements. Expanding the
Immokalee Urban Boundary to match the AOPUD and introducing an airport-specific
Subdistrict were however, recommended by staff.
Industrial land uses have been removed from those uses proposed for the new "Expansion Tract".
The Zoning and Land Development Review staff, as part of their review of the petition in its
entirety, are expected to give special attention to new "Expansion Tract" uses in conducting their
compatibility analysis. .~.
Agenda Item No, 17B
PUDI~~~J6i~g
f6 S.ptl11Jber 2009
Page-6-
IMMOKALEEAREA MASTER PLAN (lAMP)
C. Urban - Indmtrial District
f. Indurtrial Subdistrict
The pmpose of this Subdistrict is to provitit for industrial type I/ses, including: airports; I/ses related to light mamifactztring,
pro~ssing, storage and llIa1'thol/sing, wholesaling, distribution, packing hOl/ses, refYCling, high technology, laboratories,
assembfy, storage, rompl/ter and data pro~ssing,- bl/siness servi~s; limited commertial I/ses, such as child care ~nters,
restaurants and other basic rommertiall/Ses, except retail uses, as titscribed in the Land Development Cotit for the Industrial
and Business Park Zoning Districts; and, vehicle racing, S1Ibjed to conditiona/I/st approval. Aa:essory uses and struct1ires
CliStomarify associated with the uses aUowed in this Subdistrict, include, but are not limited to, offices and retail sales;
campgrol/nds accessory to vehicle racing; and, campgrol/nds accessory to special events at the airport, such as air shows.
The plain reading of the lAMP Industrial Subdistrict provisions, stating, "[t]he purpose of this Subdistrict
is to provide for industrial type uses, including". uses related to light manufacturing, processing, storage
and warehousing, wholesaling, distribution, packing houses, recycling, high technology, laboratories,
assembly, storage, computer and data processing" might infer that the proposed list of uses will permit
more industrial intensity than the Subdistrict allows. Nevertheless, the practical application of these
Subdistrict provisions bas consistently included the uses "described in the Land Development Code for
the Industrial and Business Park Zoning Districts", [Ibis Airport Operations PUD is limited to those uses
already found in the Industrial zoning district to be consistent with the lAMP Industrial Subdistrict]
TRANSPORTATION ELEMENT (I'E.)
B. INTERMODAL & MULTI-MODAL TRANSPORTATION
2. Aviation
Airport Master Plans were prepared for the I_okalee Regional Airport, Efltrglades Airpark, and the Marco Island
Executive Airport. These plans provide insight as to existingfad/ities and ronditions, and make rerommendations regarding
potentialopportHnities and necessary JUt1ire facilities at the three airports.
a. Existing Facilities
The development of separate master plans for Immokalee Regional Airport, Everglatits Airpark, and Marco Island
Executive Airport reqllired the rol/ection and evaluation of i'!fOrmation relative to each of the airports and S1I17YJl/nding areas
including the follolVing:
· Pl?Jsical inventories and titscriptions of farilities and services cumntfy provititd I?J each of the airports
· Background iriformation pertaining to airmift fleet mix and historical activifY levels
· Rtgional plans and sl1idies potentia/fy affectingJUt1ire airport development activiry
Immokalee Regional Airport: The aiport is locat<d on a f,fOO-acre site in the north-centralpart of the C01/1lfY,
approximatefy 40 miles northeast of Naples, Locat<d on the northeast sitit of Immokalee, the airport is onfy one mile.from
the Central BliJiness District. Primary access to the airport is via State Route 29 to COJmry Rol/t< 846, which intersects
with Airpark Boulevard to the south of the airport. Little titvelopment has occumd at the airport since its tranifer of
ownership in f960.from the United States GOfJtrf1l11ent Both lands/tit and airsitit facilities are located at the airport.
Agenda Item No, 17B
PUD[~W~iJ6?~g
16 September 2009
Page. 7.
L:mdside fadlities include the airmift sfQrage hangars, fuelingJacilities, etc, Air.ride facilities included at lmmoka/ee aro thm
nmwqys, each 5,000 feet long and 150 feet wide. T oxiwqys an available as well. The airside facilities pmentfy available
provide for opportunities that an not available at other general aviation airports within the Cou"!y. The three 5,000foot
runwqys and pavement strength provide operational capabifi!y exceeded onfy by Naples Municipal Airport. Additionalfy,
onfy a portion of the 1,100 acres at the lmmoka/ee Regional Airport is cumntfy being used for airfield purposes. La'l,e
tracts of land remain available for future development of additional landside facilities and future economic development activity.
b. Future Potential Opportunities
lmmokalee Regional Airport: According fQ the lmmokalee Regional Airport Master Plan, a flInnber of factors
mpport the /tf)tion that this airport could become a regional airline/ aircrqft maintenance base in the future. The length,
width, and pavement strength of the existing airfield is capable of accommoilating nearfy aU of the aircrqft in the national
regional airline fleet, There is ample open land available for future development of additional hangar space.
The establishment of the airport in coo/unction with the Sotdhwest Florida InternationalAirport as a Foreign Trade Zone
(FTZ) could provide some OppOrltinities for expanded air cargo operations. The Immokalee Regional Airport can offir space
for industrial development and warohollSing taking advantage of the FTZ, Such services could inwlve turboprop, business
jet, or even smaUer commercial jet activity.
Additionalfy, the shipping of fmh produce from the airport mqy be a possihifi!y. Considering the large agricultural base in
the Immokal.. aroa, specialty produce opporf1lnities could be developed for movement by air to mtaurants and retailers with,n
the region, or nationalfy.
The regional climate mqy offer an incentive as weU for future flight trainingfacilities. The weather in Southwest Florida is
ideal for training operations, The airport has the land area available on site fQ mpport this type of operation and development
of the necmary hangar and terminal facilities.
Policy 11.1: The C01i1Zty shaU herein incorporate by reference the Immokalee Regional Airport, Eve'l,lades Airpark, and
Marco Island Executive Airport Master Plans,
lntennodal transportation involves the transport of cargo in containers or vehicles, using multiple modes
of tIansportation (rail, ocean vessel, aircraft and truck), without any handling of the freight itself when
changing modes, Multi-modal transportation generally refers to a system involving more than one mode
of transport,
Comprehensive Planning leaves the transportation planning detenninations to Transportation Planning
staff as part of their review of the petition, However, staff would note that in reviewing the
appropriateness of the requested uses/intensities on the subject site, the analysis might include:
..r lntennodal transfer and transport of produce to and from local and regional markets;
..r lntennodal transfer and transport of cargo to and from regional destinations;
..r lntennodal transfer and transport of cargo to and from national and international destinations;
..r Aviation support operations including flight and maintenance training, aircraft storage, service and
maintenance, and flight shuttles to major airports;
..r Special events such as air shows and their accompanying spectators, camping and traffic control;
..r Non-aviation activities including drag racing events and their accompanying spectators, camping
and traffic control;
..r Aviation support operations for non-aviation activities including automobile transfer and transport
to and from national and intemational destinations,
Agenda Item No, 178
PUDI2~~J6?~~g
16 SepW;;~ 2009
Pag'-8-
ECONOMIC ET RMENT (EEl
OBJECTIVE 3 (New and Existing Industries): Collier CountY win support programs which are cksign,d to
promot, and encourag' the recruitment of nllJl indslitry as IJItU as th, expansion and retention of e:xistirzg industries m order to
diversijj the County's economic base,
Policy 3.7: Colli", County wiU support the Iocotion of businm and indu.rtry in the Foreign Trade Zone located at the
Iffl11tokalee Airport,
Policy 3.7 of the Economic Element supports the growth and expansion of business and industry at the
Immokalee Regional All:port. The Immokalee Regional All:port Master Plan and this All:port Operations
PUD are parts of this effort. However, this policy is not a land use mandate. That is, Policy 3.7 does not
obviate the need for this PUD to be consistent with the lAMP or other Elements of the GMP, and other
regulatory policies and provisions.
REVIEW OF PUD EXHIBITS
1) Sections I. II and III. Exhibit A.
(NOTE: The beginnin~ portion of this comment is derived from previous reviews. and is reiterated here,)
Certain land uses are erroneously proposed to be "permitted uses". The lAMP Industrial Subdistrict
provides for industrial type uses, including: airports; uses related to light manufacturing, processing,
storage and warehousing, wholesaling, distribution, packing houses, recycling, high technology,
laboratories, assembly, storage, computer and data processing; business services; limited commercial uses,
such as child care centers, restaurants and other basic commercial uses, except retail uses, as described in
the Land Development Code for the Industrial and Business Park Zoning Districts; and, vehicle racing,
subject to conditional use approval Restructure these use listings [adding a nelP "1. PrinciPal Uses" under a
nllJl '13. Corzditional Uses" slIld", Section '1. Airport Operations Tract'~ for example} to correctly distinguish
"permitred uses" from "conditional uses", Also: properly list accessory uses, allowed in this Subdistrict
[adding a nelP "2. Accessory Uses" under the new '13, Conditional Um'~ for example}, including, but not limited to,
offices and retail sales, up to the maximum percentage allowed by the I, Industrial zoning district;
campgrounds accessory to vehicle racing; and, campgrounds accessory to special events at the airport, such
as air shows, Make comparable modifications to Sections II and III as necessary to correctly distinguish
"permitted uses" from "conditional uses".
These modifications are necessary to be consistent with the lAMP and also the recent lAMP
implementing WC Amendments to the "I", Industrial zoning district (Ord. No, 2008 - 63). Also note
that the PUD cannot list uses as "permitted uses" when the lAMP requires that the)' be conditional uses,
per the County Attomey's Office as stated under a similar circumstance pertaining to the Golden Gate
Area Master Plan, Zoning districts, whether in the LDC or established through rezone process in the
LDC (such as this proposed PUD), are subordinate to the GMP and must be consistent with the GMP,
Applicant Response: The existing racing facilities, which were approved by the Board of County
Commissioners, remain listed as a permitted use in the PUD. As discussed with staff, the rezoning process
fulfills the intent of the Comprehensive Plan by providing a forum for public comment prior to approval
by elected officials, During the required Neighborhood Information Meeting, members of the public did
not express any opposition to the ongoing operation of the track, The applicant understands that staff
Agenda Item No. 17B
PUDZ-~~6f~~g
16 S 'Ptember 2009
Page. 9 .
may not agree with this position, but would like to agree to disagree on this point so the project can move
forward to bearings.
REVIEW 4 STAFF REMARKS: Instead of recognizing GMP and LDC provisions, application
materials try to characterize two distinctly different sets of policies, procedures and
considerations as being sufficiently similar. In an attempt to circumvent the Conditional Use
process, when it is explicitly required by Immokalee Area Master Plan (lAMP) provisions, PUD
documents are proposed instead, with these uses as both "permitted" and "principal".
Statements in PUD documents contend that the mere opportunity to discuss a certain use during
a Neighborhood Information Meeting (NIM) for this PUD satisfactorily substitutes for the
formal Conditional Use consideration and approval process. In some instances in the past, the
informal NIM meeting has been allowed to "fulfill the intent" of LDC provisions for proposed
Conditional Uses. However, the vehicle racing activities at the Immokalee Regional Airport are
specifically addressed in the lAMP, and are not entitled to the same, general interpretation. Also,
NIM letters are sent to owners of surrounding property within 1.000 feet, whereas the noise
impacts may extend beyond this distance. And, new residential development is allowed on lands
adjacent to the west of the Immokalee Airport property (designated Low Residential Subdistrict
on the lAMP FLUM); these lands are about '14 mile from the north-south taxiway and about 1/3
mile from the north-south runway. Consideration should be given to future development as
allowed by the lAMP, not just what presently exists (ag uses).
Differences between Conditional Use and permitted use considerations are significant enough
when considering this vehicle [drag] racing facility and its accompanying weekend camping to
take pause to reconsider this interpretation here:
Conditional Uses
Permitted Uses
Special limitations may be applied
Monitored
Compatible with sufficient conditions applied
Start-up & Phase-out can be regulated.
Reqnires specific CU public notices & hearings
Timeliness is considered
Unique to property, location or other feature
Operates without such limits
Unmonitored
Compatible with other uses in district
Can start, operate and retum thm time
No specific notice or hearing
Open schedule or timeframe
Could be located at other locations
Take special note of how application materials have been modified from the earlier, vehicle
racing, "limited to the existing facility" [when a baseline would be established by Conditional
Use] to the updated, "limited to [the] existing racetrack" [when no baseline can be established as
a permitted use] - a change affecting new consideration and interpretation.
2) Section II. Exhibit A.
In conjunction with review item 1) above, certain groupings of uses have included SIC ranges that are not
allowed in the lAMP Subdistrict. One such example is listing A.1.b, "Agriculture, forestry and fishing
(Groups 0111-0191, 0211-0291, 0711-0783)". Not all of the land uses ranging between 0711 and 0783
would be allowed and should be specifically removed as exceptions. Another example is listing A.1.l,
"Services (Groups 7011, 7211-7299, 7311-7389, .. .)".
Agenda Item No. 17B
PUDf~WJiJd~g
16 September 2009
Page-10-
Applicant Response: The Airport Authority cuxrently relies on revenue from agricultural leases on
property subject to the POD zoning. These uses, such as sod farms, watermelon fields, and cattle grazing
are compatible with the neighboring orange groves and cattle production sites. The Comprehensive plan
anticipates conversion of airport land to non-agrarian uses, however, the lands should not be required to
lay fallow simply because one paragraph in the plan describes the future vision for the property. As with
the racetrack issue, the applicant respectfully requests to agree to disagree on this point and allow the
County Commission to make this determination.
REVIEW 4 STAFF REMARKS: Staff acknowledges the value of certain businesses [such as
hotels] to a growing airport operation, and of agricultural activities on portions of the property
which are least affected by airport operations and facilities. Remarks above regarding the
introduction of an airport-specific Subdistrict are understood to include specific provisions for
these special land uses.
Correct the SIC Group, Industry Group or Industry classification number ranges and provide the correct
uses wherever similar situations apply. In addition, the groupings of multiple types (i.e. L, Services and n.,
Public recreation areas) should be broken down into headings that are more descriptive. This level
specificity is particularly important to limit the range of possible recreational uses to only those
documented in the lease with Collier County Parks and Recreation Department for the area located at the
southwest comer of the PUD property.
Applicant Response: Recreational uses have not been limited as requested Althougb there are presently
no plans for recreational uses other than the area leased to Parks and Recreation, in the southwest corner
of the property, this limitation could hinder the provision of public amenities unnecessarily. We believe
that recreational uses are consistent with the lAMP and compatible with on-site airport operations and
adjacent land uses.
REVIEW 4 STAFF REMARKS: Recreational land uses remain at issue. The Zoning and Land
Development Review staff, as part of their review of the petition in its entirety, are expected to
give special attention to these uses in conducting their compatlDility analysis.
Listing for "Accessory Uses", in Section II.A.2 should be extended to add the closing phrase, "of this
AOPUD, as accessory to those principal uses located in this Tract;"
Applicant Response: To clarify the accessory uses on the Industrial Development Tract, the accessory
uses allowed in the Airport Operations tract have been repeated. This eliminates the possibility that
accessory uses will be provided without an associated principal use.
REVIEW 4 STAFF REMARKS: Acknowledged as an acceptable alternative to staff's suggestion.
Listing for "Retail trade", in Section II.A.2.e should be extended to add the closing phrase, ''Retail trade,
subject to the square footage percentage limitations as per the I, Industrial zoning district;"
Applicant Response: Additional limitations on the retail sales and campground uses bave been added as
requesred.
Agenda Item No. 178
PUDf~WJi.JdIMg
16 S.ptember 2009
Page-ll-
REVIEW 4 STAFF REMARKS: Acknowledged.
3) Section A. Exhibit F.
The DRAFT Immokalee Area Master Plan (December 2008) was reviewed for future changes to the
boundary to include this 103-acre addition. No changes to the boundary of the ImmokaIee Area Master
Plan are proposed. However, review of the DRAFT Conceptual 2025 Roadway Network for Eastern
Collier County for the RLSA Conunittee does indicate two large tracts of land in the vicinity of the 103-
acre addition designated as "Runway Extension". Please update to indicate any status/proposals of
updates to the ImmokaIee Urban boundary.
Consideration is also given herein with respect to the continuing mixture of aviation activities
with non-aviation activities, especially in the post 9-11 era. Serving as a U.S. Customs Port of
Entry, the Immokalee Regional Airport and the Tradeport developments present new levels of
security issues, considerations and challenges now and for the foreseeable future. Security may
be compromised, on both the Airport and the adjacent Tradeport properties, by allowing less-
secure land uses and activities on-site. The extent to which these [possible] compromises impact
airport activities will be measured by how effectively all proposed land uses are accommodated.
Security considerations such as access controls, use separation, and surveillance monitoring will
actually increase in their significance as the Airport/Tradeport activities increase in size, intensity
and complexity.
The proposal for co-mingling aviation activities with non-aviation activities - especially security-
sensitive operations involving international air cargo handling and intermodal transport located in
immediate proximity to general access motorsports facilities - deserves careful scmtiny during
the present rezone and in the subsequent Conditional Use review.
Finally, the petitioner is encouraged to conduct a formal noise study for the subsequent
Conditional Use review. Noises coming from motorsports activities do not exhibit the same
sound dynamics as noises coming from the normal operations of aircraft and airports, and are
subject to the Collier County Noise Control Ordinance.
Applicant Response: A noise study has not been conducted despite staff's request that we provide one.
Theresa Cook, Executive Director of the Collier County Airport Authority bas noted that no complaints
have been received regarding noise from the existing racing on the site. The nearest home is more than
balf a mile from the track, and is separated by a 137 -acre preserve and industrial developments. Since the
PUD limits racing to the existing facilities, there bave been no complaints and the nearest home is far from
the track, the applicant felt this was an unnecessary expense.
REVIEW 4 STAFF REMARKS: Presented with this Applicant response, staff is compelled to
recommend conditions to the AOPUD at this time - which would normally be formulated during
Conditional Use consideration - and make them part of our recommendation. Furthermore,
staff is put in the position of formulating conditions without the site-specific data, which would
otherwise have been a basis of Conditional Use considerations. This data set includes, but would
not be limited to: the formal noise study; a survey of racing facilities, and summary describing
the nature of event activities during the racing season; a security assessment and, proposal for
security facilities and procedures; and any other items which are typically indicated as
Agenda Item No. 176
PUDZ-~JiJ6?~g
16 S.ptember 2009
Page-12-
forthccming in PUDs and expected as components of Conditional Uses. Such information is
considered essential for preparing a sound recommendation and beneficial in decision-making.
The additional 103 acres at the far eastern edge of the proposed development site is located within the
Agricultural/Rural Designation, Agricultural/Rural Mixed Use District, as well as the RLSA Overlay.
Industrial uses are not allowed in this designation.
The DRAFT ImmokaIee Area Master Plan (December 2008) was reviewed for future changes to the
boundary to include this 103-acre addition. Changes to the boundary of the ImmokaIee Area Master Plan
are now proposed to accommodate this area. The uses proposed for the additional 103 acres are now
consistent with the designation and the RLSA Overlay Goals and Objectives. Review of the DRAFT
Conceptual 2025 Roadway Network for Eastern Collier County for the RLSA Committee does indicate
two large tracts of land in the vicinity of the l03-acre addition designated as "Runway Extension". It
sbould also be noted that a future 2-lane roadway is also depicted on the Conceptual 2025 plans at the
eastern edge of the eastern Runway Extension parceL
Applicant Response: The 103 acres that are currently outside the Urban Area have been removed from
the "Industrial Development Tract" and placed within a new "Expansion Tract" within the POD. The
Expansion Tract only allows uses that are permitted in the Rural Lands Stewardship Area, [which
addresses the expressed GMP consistency issue].
REVIEW 4 STAFF REMARKS: Acknowledged.
Based on the above analysis, staff concludes that the Airport Operations PUD cannot be deemed
consistent with the Future Land Use Element and Immokalee Area Master Plan Element of the
Growth Management Plan. The applicant acknowledges, but disagrees with, staR's positions,
and requests the petition proceed to hearing.
Outstanding issues include, listing the existing racing facilities as "permitted uses" in the PUD,
and, not conducting a noise study of vehicle racing activities.
The Airport Operations PUD could be deemed consistent with the Future Land Use Element and
Immokalee Area Master Plan Element if PUD documents are revised to list racing facilities twice,
as "permitted uses", if lAMP amendments currently underway are adopted to provide for a
change allowing them as such, and as "conditional uses", if lAMP amendments are adopted
without a change to this provision.
ON CD-PLUS
cc: Susan M. [stener, AlCP, Zoning and Land Development Review Department, Director
Rqy Bellows, Zoning and Land Development fuview Department, Manager
Rantfy Cohen, AlCP, Comprehensive Planning Department, Director
David Weeks, AlCP, Comprehensive Planning Department, Planning Manager
File
Agenda Item No. 178
February 23,2010
Page 49 of 100
.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF October'" 2009
Agenda Item VI A
L NAME OF PETITIONERlPROJECT
Petition No: Planned Unit Development Rezone
No: PUDZ-2007 -AR -12294
Petition Name: ImmokaIee RegioD8l Airport PUD
ApplicantIDeveloper: Collier County Airport Authority
Englneering Consultant: Q. Grady Minor and Associates, Inc.
Euvironmental Consultaut: Passarella and Associates, Inc.
II. LOCATION
The subject property consisting of 1,484:1: acres of land located north of CR 846,
in Sections 25, 26, 27, 34, 35, 36, Township 46 South, Range 29 East, and
Sections 2 and 3, Township 47 South, Range 29 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES
ZONING
DESCRIPTION
N -Agricultural with a Mobile Home Overlay (A-MHO)
Citrus Groves
S -Industrial (I), Commercial, with an Agribusiness
Overlay Subdistrict (C-5fAOSD), and A-MHO
Industrial, commercial,
and agricultural operations
E -A-MHO
Agricultural uses
W -I, C-5fAOPD, Public (P) and A-MHO
Industrial, and commercial
uses, a county park area and
citrus groves
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Page 2 of 26
Agenda Item No. 178
February 23,2010
Page 50 of 100
IV. PROJECT DESCRIPTION
According to the applicant's narrative, the Immokalee Regional Airport
Operations Planned Unit Development (AOPUD) consists of the existing
Immokalee Regional Airport facility located north of C.R. 846 in the Immokalee
Urban Area, plus an additional103:l: acres adjacent to the east of the Airport The
property subject to this rezoning petition is located on approximately 1,484:l: acres
within portions of Sections 25, 26, 27, 34, 35 and 36, Township 46 South, Range
29 East, and Sections 2 and 3, Township 47 South, Range 29 East, Collier
County, Florida. The Immokalee Regional Airport presently consists of airport
operations and related functions, which include two 5,OOO:l: foot long runways,
taxiways linking hanga:r and airport administration functions with the runways,
fueling areas, and hangars for storage of general aviation aircraft. Large tracts of
land remain available for development of additional airport and aviation-related
uses.
The site has been utilized for decades for aviation-related purposes. Collier
County was deeded the airport property in the 1960s by the Federal government
and it is now operated by.the Collier COW1ty Airport Authority (CCAA).
The majority of the property is currently zoned Industrial (1), which permits a
range of industrial activities in accordance with the Land Development Code
(LDC). The Airport Authority, through adoption of the AOPUD zoning district,
intends to expand the permitted uses on the site consistent with the most recent
Airport Master Plan which envisions the expansion of aviation and non-aviation
activity. The Immokalee Regional Airport AOPUD proposes to permit a
maximum of five millioli (5,000,000) square feet of aviation and non-aviation
related development consistent with the adopted Airport Master Plan. The
AOPUD master plan identifies the existing airfield and airport operation
improvements, as well as the future development tracts. A small portion of the
property (103:l: acres) is zoned Rural Agricultural (A). That tract has been used
for agricultural purposes for many years. That area is shown on the Master Plan as
the future runway protection zone. No development activities may occur on that
tract unless and until the Immokalee Urban Boundary is amended to include it.
V. GROWTH MANAGEMENT PLAN CONSISTENCY
Future Land Use Element:
The original 1,381-acre proposed development is located in the Urban
Designation, Urban-Industrial District, Industrial Subdistrict, as depicted on the
Immokalee Area Master Plan Future Land Use Map (IAMPFLUM). The
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Page 3 of26
Agenda Item No. 178
February 23, 2010
Page 51 of 100
additional 103 acres, more or less, is located in the AgriculturallRural
Designation, Agricu1tural1Rural Mixed Use District 'Within the Rural Lands
Stewardsbip Area Overlay (RLSAO), as depicted on the Future Land Use Map
(PLUM) of the Growth Management Plan.
The Immokalee Airport Operations PUD plans for five million square feet of
aviation and non-aviation activities consistent with the Airport Master Plan. Plans
include continuing certain unconventional airport land uses, specifically, competitive
automobile racing and its accompanying weekend camping. ImmolWee Airport has
facilities for both straight line (dn.g) racing and carting. The diminutive road course
for go-carts shares a small amount of pavement with the drag strip.
The Collier County Futme Land Use Element (FLUE), ImmolWee Area Master Plan
. (lAMP), and the Land Development Code (LDq contain specific requirements
applicable to development within this part of Collier County. Certain requirements
pertain to industtial development.
[Please note that in the following review, FLUE, lAMP and other GMP provisions
are shon in italid'(fd pri11l, while staff analysis and commentary are provided in bold
type.]
Policy 4.2:
A detailed Master Plan for the Immokalee Urb"" deJignated ana bas been diweloped and was inrorporat<d
into this Growtb Mtmagement Plan in Pebl'7la1J 1991. Major reviJiol1.f were adopted in 1997 following the
1996 Boabuttion and Appl71isal Report. The Immokalee Area Mast<r Plan addreTSes rol1.fervalibn, fttt1lre
land use, poPlilation, recreation, tra1tJportatWn, holisin& and tho local orono"!)'. Major PlirpOses of the
Master Plan are roordination of land lises ""d transportation pl""tzin& redevolopme1tl or renewal of blighted
areas, ""d tbe promolibn of oronomk deV<hpmen~
Provisions of the ImmolWee Area Master Plan are addftssed separately.
FLUE Policy 5.4 states, "New developments shall he rompatible with, and complementary to, the
SIi1TOlinding lattd uses, as set forth in the Land Development Code': It is the responsibility of the
Zoning and Land Devdopment Review staff, as part of their review of the petition in its'
entirety, to perform the compatibility analysis.
Staff notes that although PUD documents list all land uses in this AOPUD as "permitted
uses", vehicle racing facilities are identified by the lAMP and LDC as Conditional
Uses "subject to conditional use approval", and are to be listed accordingly. V chicle
ucing activities should also be recognized and noted as a legal nonconfonning use under its
conditional use listing, ifit holds the status of a legal nonconforming use.
EAe Meeting
Page 4 of26
Agenda Item No. 17B
February 23,2010
Page 52 of 100
TM petitioner's response to questions regarding the tteat:menr of the racing facilities
pw:ports, "[t]he racetrack ~ is limited to the existing facility, therefore no Conditional Use
is required. The use is a legally non-conforming use of the site". However, this c1aim is
not entirely accurate. Staff contends the racetrack use commenced at a time when
the I, Industrial zoning district did not aDow it. Moreover, it was recognized after-
the-fact in the lAMP with the Industrial Subdistrict provision that "vebJc1e racing [be
aDowed], subject to conditional use approval".
The Immokolee Area Master Plan explicitly re<J.uires the conditional use process, and a PUD
rezone triggers this requirement to be met. Either the lAMP requirement that vehicle racing
[is] subject to conditional use approval must be removed, or, the conditional use process
must be provided for within the Planned Unit Development so this requirement is fulfilled
A significantly similar situation occurred in the Golden Gare Area Master PIon (GGAMp),
where it required the. conditional use process. 10 that instance, the County Attomey's Office.
advised that the PUD cannot ovettide that GGAMP requirement. In this occurrence, the
proposed rezone from the l, Industrial and A, Rural Agricultural districts to the Aitport
Operations Planned Unit Development will not be found consistent until such conditional
use provisions are written into PUD documents.
FLUE Objective 7 and its applicable policies (Toward Better Places - Community Character
Plan) require that new development be pedestrian oriented, show traditional neighborhood
design, provide interconnections (vehicular, pedestrian, bicycle) to nearby residential areas,
and to nearby commercial areas (pedestrian, bicycle). These policies are less applicable to
the proposed industrial land use(s) on the subject property.
IL Agricultural/Rural DesignRtion
The Agriadt1lrf111Rxra1 Land Use Designation is for those aroas thai are remote from tbe exi.r1ing
d.velopment patfmt, lack public jadfities and .fe17li.ceJ, are enviro1117lentaf!y setuititJe or are in agrieultttra/
production. UriJanization is !Wt promoted, therefore most aIIolVabk fond 1IJe! are of 10", intensity i1r an effort
to maintain and promote the rural character of these /andr.
A. 4gticultura1/Rural Mixed Use Diattict
The pmpo.se of this Virtria is to protea and encourage agrieu/tura/ activities, conImJe and preserve
environmentaf!y .sensiti", area!, provide for ID",.densit/ residential d.velopment, and other USeJ identified under
tbe AtJicuItmrdI RxraI DesignaliDn. These areru generalfy /atk. pub/k fadlities and serotas. UriJanization
is not promoted, therefore most a/IDwabk land uses are of low inten.sit/ in an effort to maintain and promote
tbe f.uraI ebaracter of these fonds.
D. Rural Lands 5rewarcJsbJp Area Overlay
Goal
Collier CountY seeks to address the Iont;term meds of residents and propertY own,n1Pithi1r the lmmoka/ee
Area Stu4r boundary of the Collier Coun!! RxraI and Agri&tlltttra/ Area Assessment. Collier Cou"!Y's
goal is to prvtea agrieultural activities, to prevent the premature CtJnver.sion of agn&tllturrzl land to non-
EAe Meeting
Agenda Item No. 17B
February 23,2010
Page 53 of 100
Page 5 of26
"gricultHral um, to dina incompatihle "1e! IZWt!J from IPttlands and upland habitat, to enable the co1llJlrJion
'If rural land to other 1I.!eS ifl uppropriate Iotatiollf, to disCONrage mfJ"" .rp"""~ and ftJ encom:tge deflempmellt
that 1I1ili'f!s creatitM land 1I.!e plan1li1lg t4thrziqNes.
Objective
To meet tht Goal descrihtd abfJfle, Collier CotmtY's obj,ctiue is to create an iflcenJifle based lafld llse overIt!J
"stem, herd. rrferred to as the Collier COllntJ RNraI Lands Stewardship Area 0tJer/qy, based Ofl the
pri1lCipks 'If rural land stewardship as dejifled in Chapter 16J.J177(II), F.s. Tht Po/idu that win
implemellt this Goal and Objecti.. tm set forth beml/l ifl groups fflating to '(J~h aspect 'If the Goal. Grollji 1
polides destribe th, sfntclttre and organization 'If tht Collier COlhltJ RPraI Lands StnPardship A"a
Overlt!J. Grollji 2 politils ,,/at, to agiculttm, Grollji J polides "tat. ftJ fItZftlraI mO"reI prot4&tion, afld
Grollji 4 polides ,,/ate to co1llJlrJi0fl 'If laflli to other tmS afld ,ronomk divmificatW1I. Group $ an
"gtI/atory polides that ens"" that land that is flOt vobl1ltarifJ in~"'ded in tht OverIt!J by its 0tmIf'! shall
flofleth4l", m..t th4 minim"", "qui"",en" 'If th4 Final Order pertaining to /IIl1Nra1 "NJIIrtI protection.
The additional 1 03 acres at the far eastern edge of the proposed development site is located
within the Agricultural/Rural Designation, Agricultural/Rural Mixed Use District, as well as
the RLSA Overlay. These additional acres are designated on the RLSAO Map as "Open"
and Water Retention Area" (WRA) lands.
Policy 4.6 designates these Open lands fot establishing Stewardship Receiving Areas (SRA).
Once established, SRAs serve as "lIwan villages, """ tOWflS, satellite ~ommllnities, tma-based
a/lq~atio1l.f, ~blSteriflg afld o;m ifiaa provimms, and mixed-llse det1elupmeflt that a/lql/l th4 to",,";;on 'If
rural and agricNlt"rallands to other 11m I/Ihit. protecting mvironmentaf!y senIitM a,.as, maiataining th,
etonomk viabili(y 'If agriat/tNra/ and other pmlominant!! fllral land IlseS, and providiflgfor the ~ost-6ffident
de/iflery 'If pllb!i~ fac/fititS and services':
RLSAO Policy 3.3 explains WRAs are established as, 'Ji<rther prot4ction for swface water qlla!i!1
afld q1ll11lti!J'~ WRAs are described as, ')>rivat4fy OflJ1teJ lands that h_ b,m pemritted by the SOllth
Florida Water Management Distrid to fi",~tion as agricultHrall/later "tmtion ""as. In ma'!7 instan~u,
th4" WRAr ~omist 'If nati.. wetfaflli or IljiIanJ ..gelation; in other ~aslS they aro excavateawater boe/iu or
m'!)' tontain exoti~ oegelation" and goes on to say, 'Th4 O..,.1t;y provides an i"cmti"' to }6/7/faflentfy
prole" WRA.r by the. .. e/imiflation of intompatibk 11m and establishm'lIt 'If prole~tion m'amres'~
Generally, the Agricultural/Rural Designation, Agricultural/Rural Mixed Use District allows
a variety of low intensity uses, including agriculture, l~w-density residentW development,
and sporting/recreation camps. Industrial development is not allowed within the
designation. The petitioner does state, "No development activities may occur on the site
until such time as the Immokalee Urban Boundary is amended to include it." The DRAFT
lmmokalee Area Master Plan (December 2008) w>.s reviewed for future changes in the
boundary to include this 103 acre addition. No changes to the boundary of the Immokalee
Area Master Plan are proposed.
Reviewing the RLSAO Goals and Objectives, the intent is genexally to prevent the
premature conversinn of agricultural land to non-agricultural uses, discourage urban sprawl,
EAe Meeting
Agenda Item No. 178
February 23, 2010
Page 54 of 100
Page 6 of26
and encomage development in appropriate locations. The non-agricultw:a.l uses that are
allowed within the RLSAO do not include industrial uses as a group. In addition to the
inconsistency with the RLSAO designation, the revised PUD including the 103 acres is also
inconsistent with the RLSAO Goals and Objectives. Its addition presumes that the RLSAO
designation will change, and that it will be changed to allow industrial development. It is
inappropriate to assume some future GMP amendment will be submitted, approved by the
BCC, found "In Compliance" by the AOD Department of Community Affairs, and not
challenged by an affected party. .
If retained, uses proposed for the additional 103-acre portion must be specifically limited to
those consistent with the present designation.
Applicant Response: Since the last submittal of this PUD application, the proposed
Immokalee Ares Master Plan (lAMP) has been revised to add area to the Immokalee Urban
Axea boundary. The 103 acres within this project that are presently designated Rural Land
SteWardship Area will be included in the new Urhan designation when approved. The
lAMP revisions will also propose a new Airport Subdistrict to tailor the Growth
Management Plan to the needs of the Airport. That being said, the proposed PUD exhibits
have been revised to address as many of the Comprehensive Planning staff review
comments as possible.
REVIEW 4 STAFF REMARKS: Resubmittal of the next iteration of the lAMP
amendments has not occurred until recently, and staff cannot confirm the above
statements. Expanding the Immokalee Urban Boundary to match the AOPUD and
introducing an aitport-specific Subdistrict were however, recommended by staff.
Industrial land uses have been removed from those uSes proposed for the new
"Expansion Tract". The Zoning and Land Development R.evi"W staff, as part of
their review of the petition in its entirety, are expected to give special attention to
new "Expansion Tract" uses in conducting their compatibility analysis.
IMMOKALEEAREA MASTER PLAN (lAMP)
C. Urhan - Ind1/.Jtrial Di.ftri&1
1. I11fwtrial Subdistrict
The pU'Pon of thiJ Subdistritt is /Q promrk for industrial type IfseS, including: aitpbrtS.. uses ",taled /Q lighl
ma1tNjadllring, procnsillg, stomge and ...",housing, wholesaling, distriblflion, packing h01/.Jes, 1'efYcling, high
technology, taborrttones, arnmbfy, storage, compUIlr and data pro<<ssing,' busineJ"S servicel; limited commerrial
If tel, tuch al child ca", antm, reslauranlt and other batic commercial Utet, .xcept retail utet, ar rkscribed
in Ibe Land Development Cork for lhe Industrial ami BusineJ"S Park Zoning DistricIt; and, vehicle raang,
tubj.r:J /() conJitiona/1/.J' approval Acutsory uteS and .rtrur:lsms tullomari!J artotiated 7Vilh the uteS allowed
in thit SgbdiJtritt, i1ll:/urk, blft an: nollimit.d 10, ~s ami ",tail salel; campgroundr axetlory 10 vehicle
racing; and, campgrol/fldr acutsOry /Q tpecia/ .venlt at tb. aitpOrl, tuch ar air Ihowl.
EAC Meeting
Page 7 of26
Agenda Item No. 17B
February 23,2010
Page 55 of 100
The plain reamng of the lAMP Industrial Subdistrict provisions, stating, "[tJhe purpose of
this Subdistrict is to provide for industrial type uses, including... uses related to light
mallufactw:ing, processing, storage and warehousing, wholeSaling, distribution, packing
houses, recycling, high technology, laboratories, assembly, storage, computer and data
processing" might infer that the proposed list of uses will permit more industtial intensity
than the Subdistrict allows. Nevertheless, the practical application of these Subdistrict
provisions has consistently included the uses "described in the Land Development Code for
the Industtial and Business Park Zoning Districts". [Ibis Airport Operations PUD is
limited to those uses already found in the Industtial zoning district to be consistent with the
lAMP Industrial Subdistrict. )
TRANSPORTATION ELEMENT (I'E)
B. INTERMODAL & MULTI-MODAL TRANSPORTATION
2. Aviation
Airport Master Plans /Pm prepa,.d for the lmmoko/" &gional Airport, Evergladts Airpark, and the
Marco Isiafld Exeadioe Airport. These plans provide insigbt as to existingfacilities and conditions, and
make l'BCommendations regardingpotential upportrmilies and necessary fim;,. facilities at the th,.e airports.
So Existing FaciUties
The deoehpment of separate master plans for ImmokaJee &gionalAirport, Eoe'l,lades AUpark, and Marco
Lrland ExeCNtiV8 Airport ,.qNi,.d the coJleetion and evabtation of information ,./atillll to each of the aitports
and surrounding areas incbuJing the folhwing:
. Pl!Jsical inV8nf11ries and descriptions of facilitits and mvias C/imnt!y prooided I!J each of the
airportJ
. Ba'kgro1l1ld information pertaining to airereift pet mix and historical actiti(y le..1s
. &gional plam and sf1tdies potentialfy ajJi,tingful1t/'B airport develupmellf aetivi(y
Immokalee Regional.Airport: The aitport is h,ated on ai, 100-am site in the north-mttra/ part if
the Coun(y, approximateb 40 miles northeast ofNaplts. Loetlted on the northeast side if lmmokake, the
airport is on& one mile from the Centml Business District. Primary access to the airport is via State RDute
29 to County RDaft 846, which intersects with Aitpark Boulevard to the south of the airport. Uttk
development has occumd at the aitport sina its transfer of oW1lersbip in 1960 from the United States
GO/lmlmen~ Both landside and airsidt facilities are heaM at the aitport. Laflliside fa&i/ilies ;n,"'de the
aircraft storage hangars, fueling facilities, et,. Amide facilities ilU'lnded at lmmokake are three nmwqy.r,
ea,h 5,000 foet /eng and 150 feet wide. Taxiw'IYs are available as well Th. airside facilities p,.sent&
available provide for opportTlnities that are not available at other general aviation aitportJ withi1t the COll1t(y.
The th,.. 5,0001Oot runwqys and pavement strentfh provide uperational capabifi!y exaeded onfy I!J Naples
Munidpal Aitport. Atlditionalfy, onb a portion of the 1,100 ams at the lmmokalee &gio/UZI Airport is
eumntb being used for airjil/d purposes. Large tracts oj land remain available for futu,. devehpment of
additional landsid< facilities and futu,. economic development adivitJ.
-
EAC Meeting
Page 8 of26
Agenda Item No. 17B
February 23, 2010
Page 56 of 100
b. Future Potential OpportuDitie.
lmmoka/"" Regional Airport: A<<ordinl. to th. Immokale. fugional Aitpott M4Ster Plan, a
_her of fadIJrJ ntpporI the notion that this aitpOrl &tJ1l1d bl&tJIm a ....gibnal airline/ aireraft maillknaJ/&O
bas. in tIN ftttm, TIN Imgth, width, anti pavement Itnngth of th. existing airfUld if capabl4 of
a&ttJmmodating near!J aP of th. aircraft in th. national ...gional airIin. jlut Tbm if antplt open land
auaihblt fir ftttm d6lIehpmmt of additional hangar JjJa",
Th. establishment of th. abporl in &tJ'!illndion with th. Sotdh""st Phri"" International Airport as a
Pomgn TraJ. Zo", (FTZ) &tJ1IkI prouitJe some opporlIInirw for expanded air GaJKo operations. TIN
Immokalee fu.gibnal AiporlGtlll offer space ftr itubmriai d6lIehpme1l1 and "'<mhollli"!, toking adoantage of
the FTZ. Slim seruicos &tJ1I1d involve f1Irbo-projJ, b1lslnm jet, or "'.n f1I1alltr &tJ111111erria1 j.t atfivi!y.
AddiJiona/!y, ,IN slNpping of .fresh prod1i" fro", tm aitporl "''!'I be a possibilitY. Considering the large
agrir:1llMaI base in tIN Im1110kake area, JjJeciaf!y prod1l" opporhmities _Id '" d6lIe/oped for mo_ent by
air to mtaNrants and ...tailen within tIN "gion, or nationalfy.
The rrgjonal .timate m'!Y offer an inantive as ""U fir jtd1In flight training fadlities. Tbe ""ather in
S01lt.hw<st Phri"" is ideal fir traininJ: OperatiOIlS. The aitporl has the land ana atIaiIable on site to S1Ij>porl
this type of operation and d6lIehpmen' of th. "'''''121)' hangar and tmninal fadliJus.
PaHcy 11.1: TIN COtmfJ shaP hmin in&tJtporate by referen.. the I111111okal.. fug~nal Aiport, Everglades
Airpark, and Marco Island Exe&1lti", Aitport Master PIaIlS.
Intetmodal ttansporralion involves the transport of cargo in containers or vehicles, using
multiple modes of transportation (rail, ocean vessel, aircraft and truck), without any handling
of the freight itself when changing modes. Multi-modal transportation generally refers to a
system involving more than one mode of transport.
Comprehensive Planning leaves the transportation planning detMTn;notions to
Transportation Planning staff.. part of their review of the petition. How<:ver, staff would
note that in reviewing the appropriateness of the requested uses/intensities on the subject
si~ the otWysis might include:
../ Intermodal ttansfer and transport of produce to and from local and regional markets;
../ Intermodal transfer and transport of cugo to and from regional destinations;
../ Intennodal transfer and transport of cargo to and from national and inrernational
destinations;
../ Aviation support operations including flight and maintenance training, aircraft
storage, service and maintenance, and flight shuttles to major aitports;
../ Special events such as air shows and their accompanying spectators, camping and
traffic control;
../ Non-aviation activities including drag racing <:vents and their accompanying
specrarors, camping and traffic control;
./' Aviation support operations for non-aviation activities including automobile transfer
and transport to and from national and international destinations.
EAC Meeting
Agenda Item No. 178
February 23,2010
Page 57 of 100
Page9of26
ECONOMIC ELEMENT (EE)
OBJEC11VE 3 (New and Existing lndustties): Oilier Co""~ IPiII sstpportprograms which an
designed 10 promote aU encomrzge the rem<ilment of n"" indJishy as ""II as the expansion and retenhon of
existing indMstries in ordtr iii divmijj /hI C01IIt!:I's UfJntJnti, bas<.
Policy 3.7: Co/1Ur Co,,"!y tvill mpport the klcatWn of business and indMstTJ in /he Foreign Tnuk Zone
klct1IId at the lmmokake Airport,
Policy 3.7 of the Economic Element supports the growth and expansion of business and
industty at the Immokalee Regional Airport. The lmmokalee Regional Airport Master Plan
llnd this Airport Operations PUD are parts of this effort. However, this policy is not a land
use mandate. That is, Policy 3.7 does not obviate the need for this PUD to be consistent
with the lAMP or other Elements of the GMP, and other regulatory policies and provisions.
REVIEW OF PUD EXHIBITS
I) Sections 1. II and III. Exhibit A.
(NOTE: The beginning portion of this comment is rl..,.;ved from previous reviews. and is
reitexated here, \
Certain land uses are erroneously proposed to be "permitted uses". The lAMP Industrial
Subdistrict provides for industtial type uses, including: airports; uses relJl.ted to light
manufacturing, processing, storage llnd """,chousing, wholesaling, distribution, packing
houses, recycling, high technology, laboratories, assembly, storage, computer and data
processing; business services; limited commercial uses, such as child care centers, restaurants
and other basic commercW. uses, eJ<cept retail uses, as described in the Land Development
Code for the Industrial and Business Park Zoning Districts; and, vehicle racing, subject to
conditional use approval. Restructure these use listings [adding a new "1. Prinapal Uses" under
a new '23, Conditional Uses" ""der Section '2. Airport Operations Tra,t': fir exampkJ to correcdy
distinguish "permitted uses" from "conditional .uses", Also: properly list accessory uses
allowed in this Subdistrict [adding a neW "2. AmmO' Om" under the n"" '23. ConditWna/ Uses'~
fir exampkJ, including, but not limited to, offices and retail sales, up to the maximum
percentage allowed by the r, Industrial zoning district; campgrounds accessory to vehicle
racing; and, campgrounds accessory to special events at the aiIport, such as air shows. Make
comparable modifications to Sections II and III as necessary to correctly distinguish
I'pennitted uses" from "conditional uses".
These modifications ate necessary to be consistent with the IA.MP and also the recent lAMP
implementing we Amendments to the "I", Industrial zoning district (Ord. No. 2008 - 63).
Also note that the PUD cannot list uses as "permitted uses" when the lAMP reqpires that
t:hw be conditional uses per the County Attorney's Office as stated under a similar
circumstance pertaining to the Golden Gate Area Master Plan. Zoning districts, whether in
Me Meeting
Agenda Item No. 17B
February 23, 2010
Page 58 of 1 00
Page 10 of26
the IDC or established through re2:one process in the IDC (such as this proposed PUD),
are subottlinate to the GMP and must be consistent with the GMP.
Applicant Response: The existing racing facilities, which were approved by the Board of
County Commissioners, remain listed as a permitted use in the PUD. As discussed with
staff, the rezoning process ful6lls the intent of the Comprehensive Plan by providing a
forum for public comment prior to approval by elected officials. During the required
Neighborhood Information Meeting. members of the public did not express any opposition
to the ongoing operation of the ttack. The applicant understands that staff may not agree
with this position, but would like to agree to disagree on this point so the project can move
f01'Wlltcl to heariDgs.
REVIEW 4 STAFF REMARKS: . Instead of recognizing GMP and LDC provisions,
application materials try to ~ two distinctly different sets of policies,
procedures and considerations as being' sufficiently similar. lsi ai1 attempt to
circumvent the Conditional Use process, when it is explicitly required by lnunokalee
Area Master Plan (lAMP) provisions, PUD documents are proposed instead, with
these uses as both "permitted" and "principaP'. Statements in PUD documents
contend that the mere opportunity to discuss a certain use during a Neighborhood
Information Meeting (NIM) for this PUD satisfactorily substitutes for the formal
Conditional Use consideration and approval process. In some instances in the past,
the informal NlM meeting bas been allowed to "fulfill the intent" of LDC provisions
for proposed Conditional Uses. However, the vehicle racing activities at the
Immokalee Regional Airport are specifically addressed in the lAMP, and are not
entitled to the same, general interpretation. Also, NIM letters are sent to owners of .
surrounding properly within 1,000 feet, whereas the noise impacts may extend
beyond this distance. And, new residential development is allowed on lands adjacent
to the west of the lnunokalee Airport property (designated Low Residential
Subdistrict on the lAMP PLUM); these lands are about V. mile from the north-south
taJdway and about 1/3 mile from the north-south runway. Consideration should be
given to future development as allowed by the lAMP, not just what presently exists
(ag uses).
Differences between Conditional Use and permitted use considerations are
significant enough when considering this vehicle [drag] racing facility and its
accompanying weekend camping to take pause to reconsider this interpretation here:
Conditional Uses
Permitted Uses
Special limitations may be applied
such limits
Monitored
Compatible with sufficient conditions applied
other uses in district .
Start-up & Phase-out can be regulated
and return thro time
Operates without
Unmonitored
CompanDle with
Can start, operate
BAC Meeting
Agenda Item No. 178
February 23,2010
Page 59 of 100
Page II of26
Requires specific CU public notices & bearings
hearing
Timeliness is considered
timeframe .
Unique to property, location or other feature
other locations
No specific notice or
Open schedule or
Could be located at
Take special note of how application materials have been modified from the earlier,
vehicle racing, "limited to the existing facility" [when a baseline would be
established by Conditional Use] to the updated, "limited to [the] existing racetrack"
[when no baseline can be established as a permitted use] - a change affecting new
consideration and interpretation.
2) Section II Exhibit A.
In conjWlction with review item 1) above, certain groupings of uses have included SIC
ranges that are not allowed in the lAMP Subdistrict. One such example is listing A.1.b,
"Agriculture, forestty and fishing (Groups 0111-0191, 0211-0291, 0711-0783)". Not all of
the land uses nwging between 0711 and 0783 would be allowed and should be specifically
removed as exceptions. Another example is listing A.l.l, "Services (Groups 7011, 7211-
7299,7311.7389, ...)".
Applicant Response: The Airport Authority currenrly relies on revenue from agricultural
leases on property subject to the PUD zoning. These uses, such as sod farms, watermelon
fields, and cattle grazing are compatible with the neighboring orange groves and cattle
production sites. The Comprehensive plan anticipates convemon of airport land to non-
agrarian uses, however, the lands should not be required to lay fallow simply because one
parngnph in the plan describes the future vision for the property. As with the racettack
issue, the applicant respectfully requests to agree to disagree on this point and allow the
COWlty CommissIon to make this determination.
REVIEW 4 STAFF REMARKS: Staff acknowledges the value of certain businesses
[such as hotels] . to a growing airport operation, and of agricultural activities on
portions of the property which are least affected by airport. operations and facilities.
Remarks above regarding the introduction of an airport-specific Subdistrict are
understood to include specific provisions for these special land uses.
Correct the SIC Group, Industty Group or Industty classification number ranges and
provide the correct uses wherever similar situations apply. In addition, the groupings of
multiple types (Le. L, Services and n., Public recreation areas) should be broken down into
headings that are more descriptive. This level specificity is particularly important ro limit the
range of possible recreational uses to only those documented in the lease with Collier
County Plll:ks and Recreation Department for the area located at the southwest comer of the
PUD property.
EAC Meeting
Page 12 of26
Agenda Item No. 178
February 23, 2010
Page 60 of 100
Applicant Response: Recreational uses have not been limited as requested. Although
there are presently no plans for recreational uses other than the area leased to Parks and
Recreation, in the southweat comer of the property, this limitation could hinder the
provision of public amenities unnecessarily. We believe that recreational uses are consistent
with the lAMP and compatible with on-site attport operations and adjacent land uses.
REVIEW 4 STAFF REMARKS: Recreationa11and uses remain at issue. The Zoning
and Land Development Review staft', as part of their review of the petition in its
entirety, are expected to give special attention to these uses in conducting their
compatibility analysis.
Listing for "Accessory Uses", in Section I1.A,2 should be extended to add the closing
phrase, "of this AOPUD, as accessory to those principal uses located in this Tract;"
Applicant Response: To clarify the accessory uses on the Industrial Development Tract,
the accessory uses allowed in the Airport Operations tract have been repeated. This
eliminates the possibility that accessory uses will be provided without an associated princip21
use.
REVIEW 4 STAFF REMARKS: Acknowledged as an acceptable alternative to staff's
suggestion.
Listing for "Retail trade", in Section II.A.2.e should be extended to add the closing phrase,
"Retail trade, subject to the square footage percentage limitations as per the I,
Industrial zoning district;"
Applicant Response: Additional limitations on the retail sales and campground uses have
been added as requested.
REVIEW 4 STAFF REMARKS: Acknowledged.
3) Section A Exhibit F.
The DRAFT Immokalee Area Master Plan (December 2008) was reviewed for future
changes to the boundary to include this 103-acre addition. No changes to the boundary of
the Immokalee Area Master Plan are proposed. However, review of the DRAFT
Conceptual 2025 Roadway Network for Eastern Collier County for the RLSA Committee
does indicate two large lnlcts of land in the vicinity of the 1034Cte addition designated as
"Runway Extension", Please update to indicate any status/proposals of updates to the
Immokalee Urban boundary.
Consideration is also given herein with respect to the continuing mixture of aviation
activities with non-aviation activities, especially in the post 9-11 era. Serving as a U.S.
EAC Meeting
Agenda Item No. 17B
February 23,2010
Page 61 of 100
Page 13 of26
Customs Port of Entry, the Immokalee Regional Air:port and the Tradeport
developments present new Ieve1s of security issues, consideratiol18 and challenges
now and for the foreseeable future. Security may be compromised, on both the
Airport and the adjacent Tradeport properties, by allowing less-secure land uses and
aC1ivities on-sire. The extent to which these [possible) comproniises impact airport
activities will be measured by how effectively all proposed land uses are
accommodated. Security considerations such as access controls, use separation, and
surveillance monitoriog will actually incrr:ase in their significance as the
Airport/Tradeport activities increase in size, intensity and complexity.
. The proposal for co-miogling aviation activities with non-aviation activities _
especially security-sensitive operatiOI18 involving international air cargo handling and
intermodal ttallSport located in immediate proximity to general access motorsports
facilities - deserves careful scrutiny during the present rezone and in the subsequent
Conditional Use review.
Finally, the petitioner is encouraged to conduct a formal noise study for the
subsequent Conditional Use review. Noises comiog from motorsports aC1ivities do
not exhibit the same sound dynamics as noises coming from the normal operations
of aircraft and airports, and are subject to the Collier County Noise Control
Ordinance.
Applicant Response: A noise srody has not been conducted despite staff's request that we
provide one. Theresa Cook, Executive Director of the Collier County Attport Authority has
noted that no complaints have been received regarding noise from the existing racing on the
site. The nearest home is more than half a mile from the track, and is sepanred by a 137-
acre preserve and industrial developments. Since the PUD limits racing to the existing
facilities, there have been no complaints and the nearest home is far from the track, the
applicant felt this was an unnecessary expense.
REVIEW 4 STAFF REMARKS: Presented with this Applicant response, staff is
compelled to recommend conditions to the AOPUD at this time - which would
normally be formulated during Conditional Use consideration - and make them part
of our recommendation. Furthermore, staff is put in the position of formulating
conditions without the sire-specific data, which would otherwise have been a basis of
Conditional Use considerations. This data set includes, but would not be limited to:
the formal noise study; a survey of racing facilities, and summary describiog the
nature of event activities during the racing season; a security assessment and,
proposal for security facilities and procedures; and any other items which are
typically indicated as forthcoming in PVDs and expected as components of
Conditional Uses. Such information is considered essential for prepariog a sound
recommendation and beneficial in decision-making.
HAC Meeting
Agenda Item No. 17B
February 23, 2010
Page 62 of 100
Pago 14 of26
The additional 103 acres at the &r eastein edge of the proposed development site is located
within the AgricuItural/Rural Designation, Agricultural/Rw:sl Mixed Use District, as well as
the RLSA Overlay. Indnstrialnses are not allowed in this designation.
The DRAFT Immokalee Area Master Pian (December 2008) was reviewed for future
changes to the boundary to include this 103-8cre addition. Changes to the boundary of the
Immokalee Area Master Plan are now proposed to accommodate this area. The uses
proposed for the additional 103 acres are now consistent with the designation and the RLSA
Overlay Goals and Objectives. Review of the DRAFT Conceptual 2025 Roadway Network
for Eastern Collier County fot the RLSA Committee does indicate two large ttacts of land in
the vicinity of the 103-acre addition designated as "Runway Extension". It should also be
noted that a future 2-lane roadway is also depicted on the Conceptual 2025 plans at the
eastern edge of the eastern Runway Extension parcel.
Applicant Response: The 103 acres that are currently outside the Urban Area have been
removed from the "Industrial Development Tract" and placed within a new "Expansion
Tract" within the PUD. The Expansion Tract only allows uses that are pennitted in the
Rural Lands St:eWllrdship Area, [which addresses the expressed GMP consistency issue].
REVIEW 4 STAFF REMARKS: Acknowledged.
Based on the above analysis, staff concludes that the Airport Operations PUD cannot
be deemed consistent with the Future Land Use Element and Immokalee Area
Master Plan Element of the Growth Management Plan. The applicant
acknowledges, but disagrees with, stafl's positions, and requests the petition proceed
to hearing.
Outstanding issues include, listing the existing racing facilities as "permitted uses"
in the PUD, and, not conducting a noise study of vehicle racing activities.
The Airport Operations PUD could be deemed consistent with the Future Land Use
Element and Immokalee Area Master Plan Element if pun documents are revised to
list racing facilities twice, as "permitted uses", if lAMP amendments currently
underway are adopted to provide for a change aUowing them as such, lU!!l as
"conditional uses", if lAMP amendments are adopred without a change to this
provision.
EAe Meeting
Agenda Item No. 17B
February 23, 2010
Page 63 of 100
Page IS of26
Conservation & Coastal ManlU!ement Element
Objective 2.2 of !he Conservation and Coastal Management Element of the
Growth Management Plan states "All canals, rivers, and flow ways discharging
into estuaries shall meet all applicable federal, state, or local water quality
standards.
To accomplish that policy 2.2.2 stales "In order to limit the specific and
cumulative impacts of stormwater runoff, stormwater systems should be designed
in such a way that discharged water does not degrade receiving waters and an
attempt is made to enhance the timing, quantity, and quality of fresh water
(discharge) to the estuarine system. .
This project is consistent with Policies 6..1 and 6.2 regarding th~ selection of
preserves. The property site contains 1484.00 acres of which 363.48 acres is
considered native vegetation. The proposed native vegetstion preserve of 13 7 .03
acres fulfills the minimum requirement of 54.52 acres or 15% of the existing
native vegetation on site.
As required by Policy 6.1.4, prohibited exotic vegetation shall be removed from
the site and maintained in perpetuity.
The EIS required by Policy 6.1.8 has been prepared and is supplied as part of the
review packet for this submittal.
As required by Policy 6.2.1, a wetland jurisdictional determination has been
conducted by the South Florida Water Management District (SFWMD). (EIS
Exhibit 3).
In accordance with Policy 6.2.6, required preservation areas are identified on !he
PUD master plan. Allowable uses within the preserve areas are included in the
PUD document. Uses within preserve areas shall not include any activity
detrimental to drainage, flood control, water conservation, erosion control, or fish
and wildlife conservation and preservation.
As required by Policy 7.1.2, a listed species survey was conducted on the property
and is contained in the EIS (Exhibit 10).
In accordance with Policy 11.1.2, correspondence was sent to the Florida
Department of the State Division of Historical Resources (DHR) regarding
possible archaeological or historical sites within the majority of the Project area
In a letter dated January 31, 2005, the DHR stated that no cultural resources are
EAC Meeting
Agenda Item No. 17B
February 23,2010
Page 64 of 100
Page 160f26
known to exist in th~ Project area that was reviewed and that po cultural resources
will be affected by the Project (Exhibit 14).
VI. MAJOR ISSUES
Stormwater Mlln''''ement
The ImmokaIee Regional Airport Project sits mostly within the Barron River
North sub-basin and partially within the Urban ImmokaIee suh-basin of the
BlUTOn River Canal (BRC) basin. The allowable Discharge Rate within those
sub-basins is 0.15 cfs per acre and the discharged flow goes into the SR 29 canal
and southward down the SR 29 canal to the Barron River and the 10,000 Islands
in the Everg1ades City area.
The entire 1381 acres of the ImmokaIee Regional Airport project are covered for
surface stormwaler management under SFWMD Environmental Resource Permit
#11-00999-S (with modifications).
Section 8.06.03 0.2. of the Collier County Land Development Code states "The
surface water management aspects of any petition, that is or will be reviewed and .
permitted by South Florida Water Management District (SFWMD), are exempt
from review by the RAC except to evaluate the criteria for allowing treated
stormwater to be discharged into Preserves as allowed in Section 3.05.07."
Environmental
Site Descrintion
The project site consists of 363.48 acres of native vegetation according to the
definition in the GMP and LDC and has been verified by staff on site. The
following Florida Land Use Cover and Forms ClassifiCation System (FLUCFCS)
vegetation associations and land uses were found on site:
Commercial fFLUCFCS Code 140)
A small commercial area is located on the southeast corner of the property and
occupies 1.9&.1: acres or 0.1 percent of the Project area.
Race Track (FLUCFCS Code 183)
This area consists of a drag racing strip and facilities for observers of the races
that occupy 17. 8RI: acres or 1.2 percent of the Project area.
Park (FLUCFCS Code 185)
EAC Meeting
Page 17 of26
Agenda Item No. 17B
February 23, 2010
Page 65 of 100
A county maintained park is shown at the southwest comer on the FLUCFCS
map. Though this park is County owned, it is not part of the airport property,
However, the RV park in Phase I is part of the airport. This area occupies 4.45:1:
acres or 0.3 percent of the Project area.
Improved Pasture (FLUCFCS Code 211)
Pasture occupies 639.24% acres or 42.6 percent of the Project area. The ground
cover is dominated by bahiagrass (Paspalum rwtatum) and smutgrass (Sporobolus
indieus) with widely scattered saw palmetto (Serenoa repens). The sub-canopy is
open with widely scattered Brazilian pepper (Schinus terebinthifolius), wax
myrtle (Myrica cerifera), and cabbage palm (Sabal palmetto). The canopy is
open with widely scattered slash pine (Pinus elliott/I), Jive oak (Quercus
virginiana), laurel oak (Quereus laurifolia), and cabbage palm.
Low Pasture. Hvdric (FLVCFCS Code 262\
This wetland community occupies 10.69% acres or 0.7 percent of the Project area.
These low-lying pasture areas have no canopy or sub-canopy. The ground cover
includes St. John's wort (Hypericum sp.), sawgrass (Cladiumjamaicense),
maidencane (Panicum hemitomon), and Asiatic pennywort (Centella asiatica).
Drv Prairie (FLVCFCS Code 310)
The upland community occupies 18.08% acres or 1.2 percent of the Project area.
There is no canopy. The sub-canopy includes wax myrtle, scattered live oak:,
gallbeny (Rex glabra), and scattered slash pine. The ground cover includes dwarf
live oak (Quercus minima), broomsedge (Andropogon virglnicus), lopsided
indiangrass (Sorghastrum ecundum), greenbriar (Smilax sp.), yellow-eyed
grass (,Kyris sp.), saw palmetto, joint weed (Polygonel/a polygama), wiregrass
(Aristida slrlcta), and black root (Pterocaulon virgatum).
Drv PrairieIPalmetto Prairie CFLUCFCS Code 310/321 \
This upland community occupies 20.88:1: acres or 1.4 percent of the Project area.
There is no canopy. The sub-canopy includes scattered live oak, wax myrtle,
gallbeny, and slash pine. The ground cover includes dwarf live oak, saw
palmetto, yellow-eyed grass, and wiregrass.
Palmetto Prairie CFLVCFCS Code 321)
This community occupies 208.73:1: acres or 13.9 percent of the Project area.
There is no canopy. The sub-canopy includes scattered slash pine and gallbeny.
The ground cover includes saw palmetto, dwarf live oak, wiregrass, staggerbush
(Lyoniafruticosa), gallbeny, and pennyroyal (Piloblephis rigIOO).
Palmetto PrairielXeric Oak (FLUCFCS Code 321/421)
This community occupies 50.48;, acres or 3.4 percent of the Project area. There is
no canopy. The sub-canopy includes scattered slash pine, sand live oak (Quercus
geminata), dwarf live oak, wiregrass, and gallbeny.
EAC Meeting
Page 18 of 26
Agenda Item No. 178
February 23, 2010
Page 66 of 100
Palmetto Prairie. Disturbed (FLUCFCS Code 3219)
This disturbed community occupies 12.79:1: acres or 0,9 percent of the Project
area. There is no canopy. The sub-canopy includes Brazilian pepper, scattered
slash pine, and gallberry. The ground cove;: includes saw palmetto, Brazilian
pepper, wiregrass, staggerbush, and gallberry.
Pine F1atwoods (F1..UCFCS Code 411)
This community occupies 19.3CJ,r acres or 1.3 percent of the Project area. The
canopy is dorninAW by slash pine. The sub-canopy includes slash pine, scattered
cabbage palm, and wax myrtle. The ground cover includes saw palmetto,
gallberry, wiregrass, dwarf live oak, and tar flowe;: (Bejoria racemosa).
Pine Flatwoods. Disturbed IFLUCFCS Code 4119)
This disturbed community occupies 2.72: acres or 0.2 percent of the Project area.
The canopy is dominated by slash pine. The sub-canopy includes slash pine,
scattered cabbage palm, and Brazilian pepper. The ground cover includes saw
palmetto, wiregrass, and Brazilian pepper.
Pine (F1..UCFCS Code 415
This community occupies 0.07;, acre or less than 0.1 percent oftbe Project area.
The canopy includes slash pine. The sub-canopy includes slash pine, cabbage
palm, and wax myrtle. The ground cover includes slash pine seedlings, wiregrass,
and chocolate weed (Me/ochia corchorifolia).
Pine. Hvdric (F1..UCFCS Code 4151)
This community occupies 0.08,1; acre or less than 0.1 percent of the Project area.
The canopy includes slash pine. The sub-canopy includes slash pine and wax
myrtle. The ground cover includes slash pine seedlings, wiregrass. gulfdune
(Paspalum monostachyum), and pipewort (EricauIon decangulare).
Pine. Disturbed (F1..UCFCS Code 4159)
This community occupies 1.82% acres or 0.1 percent oftbe Project area. The
canopy includes slash pine. The sub-canopy includes slash pine, wax myrtle,
Brazilian pepper, and cabbage palm. The ground cover includes slash pine
seedlings, wiregrass, and chocolate weed.
Scrubbv Pine Platwoods (FLUCPCS Code 416)
This community occupies 0.96,1; acre or 0.1 percent of the Project area. The
canopy includes slash pine. The sub-canopy includes myrtle oak (Quercus
myrtifolia), Chapman's oak (Quercus chapmanil), and live oak. The ground cover
includes saw palmetto.
EAC Meeting
Agenda Item No. 17B
February 23, 2010
Page 67 of 100
Page 19 of26
Wetland,
The construction proposed for this PUD will result in wetland impacts to 11.14:
acres of on-site SFWMD wetlands. The wetland impacts are limited to smaIl,
isolated wetlands on-site (EIS Exhibit 11). SFWMD Permit No. 11-00999-S
authorized the wetland impacts in Phase I (1.15: acres) and conceptually
approved 13 .54: acres of wetland impacts in future phases due to their low
ecological value. Wetland Rapid Assessment Procedure (WRAP) was used to
determine mitigation credits required to offset wetland impacts (Exhibit 1 g). A
WRAP analysis was conducted to determine the functional units provided by the
existing wetlands that will be impacted. According to this analysis, it was
estimated that 1.15% acres provide a total of 0.76 ftmctional units for Phase I and
that 1.52 freshwater marsh credits would need to be purchased from Panther
Island Mitigation Bank (pIMB). The 1.52 credits were purchased from PIMB ui
offset the 1.15:1: acres of wetland impacts. The remaining 9.99:1: acres provide a
total of 6.31 functional units for Phases n and ill and 12.62 freshwa1er marsh
credits will need to be purchased from PIMB to offset these impacts.
One wetland area will be preserved within this project. The wetland preserve
consists primarily of short hydroperiod herbaceous habitat types that typically
have a 120 to 1 gO day inundation period. The wetland preserve area will be
hydrated during rainfall events.
Preservation Reauirementll
A total of 133.27:1: acres (36.7 percent) of existing native upland vegetation on the
airport property will be retained. In addi1ion, 0.77: acres of wetlands will be
preserved. A 2.99 acre wetland ditch area or "other surface water" runs east and
west across the upland preserve area. lbis ditch conveys water to the drainage
canal to the west. The water conveyed within this ditch area would only invade
the upland areas during a significant rainstorm event and should have no negative
hydrological effects on the upland preserve.
Listed Species
A listed species survey was conducted on the property on October 24 and 25,
2006; November I, 2, and g, 2006; and September 3, 4, 5, 9, and 10, 2008 by
Passarella and Associates, Inc. (EIS Exhibit I 0). Eleven Florida scrub jays, one
gopher tortoise, 159 gopher tortoise burrows, two bald eagles, two crested
caracara, nine white ibis, four wood storks, three burrowing owls, three little blue
herons, six sandhill cranes, one tri-colored heron, and one American alligator
were observed on the site (EIS Figures 2 and 3),
BAC Meeting
Agenda Item No. 17B
February 23, 2010
Page 68 of 100
Page 20 of26
Florida Scrub Javs (Avhelocoma coerulescensl
Florida scrub jays have been observed by wildlife biologists utilizing both scrub
and non-scrub habitats at the Immokalee Regional Airport since 1991. In 1998,
the United States Fish and Wildlife Service (USFWS) issued a Biological Opinion
(BO) (EIS Exhibit 16) to the FedcraI Aviation Administration (FAA). The BO
concluded the Florida scrub jays at the airport are a subpopulation that is
geographically isolated and does not significantly contribute to the range-wide
species population. The BO includes a plan to manage and preserve the upland
management area (UMA) of native scrub and plant communities for the benefit of
the Florida scrub jay. The UMA (the current proposed preserve area) is located
on the west side of the Immokalee Regional Airport. Habitat types within the
conservatiOl\ area include palmetto prairie, pine flatwoods, scrubby pine
flatwoods, and xeric oak. The BO states .that the UMA would be managed for
optimal scrub habitat and is' of adeq.Size'tO . supPort six.Florida scrub. jay
breeding pairs. The UMA was placed under a conservation eaSement as part of
the Florida Fish and Wildlife Conservation Commission (FWCC) permitting for
the project (EIS Exhibit 20).
GODher tortoise (Govherus volvvhemusl
Gopher tortoise burrows were observed in the project area. The gopber tortoise is
currently listed as a threatened species by the FWCC. In 1999, the FWCC issued
an Incidental Take Permit (EIS Exhibit 17) for the development activities at the
Immokalee Regional Airport. The permit authorized the take of gopher tortoises,
their eggs, and their burrows within the airport's development boundaries where
such taking is incidental to development activities. However, Collier COImty does
not allow the entombment of tortoises; therefore, a gopher tortoise relocation
permit would be required to move the tortoises. The Incidental Take Permit for
the airport allows the tortoises to be moved within the property boundaries to
minimize taking. The UMA was placed under a perpetual conservation easement
granted to the FWCC to protect at least 114 acres of gopher tortoise habitat and
could serve as a relocation area.
A gopher tortoise survey shall be conducted in the project area prior to
construction of the proposed project. Gopher tortoise burrows in development
areas will be excavated prior to any site work and any gopher tortoises and their
commensals found will be relocated to appropriate habitat within the UMA or
other habitat on the airport property as approved by the FWCC.
The management of the UMA includes conducting controlled burns during the
non-nesting season to maintain a suitable habitat for the Florida scrub jay.
Controlled burns of the UMA have been conducted and available information on
the most recent burns is provided in Exhibit 21 of the EIS. The purpose for
establishing a burn program for the UMA is to provide optimal habitat for listed
species, primarily for the gopher tortoise and Florida scrub jay. The measurement
for success of the burn program will be determined by the level of listed species
EAe Meeting
Agenda Item No. 178
February 23,2010
Page 69 of 100
Page 21 of26
utilization. A monitoring program for both gopher tortoises and scrub jays is
included in the EIS (Exhibit 22). lEthe results of the monitoring program document
continued utilization by gopher tortoises and scrub jays, the bum program will be
deemed successful.
Bald Bailie rHaliaeetus leucocephalus)
Bald Eagle Nest CO-034 is located in the northeastern portion of the property. This
nest was recorded as an active territory in 2007 and two adult eagles were observed
on the project site during the September 2008 listed species surveys. The next
nearest recorded eagle nest is CO-021 located about two miles east of the Project
site in Section I, Township 47 South, Range 29 East. Bald Eagle Nest CO-021 bas
not been an active territory since 1999. The bald eagle is protected by USFWS
ooder the Bald and Golden Eagle Protection Act, as well as the Migratory Bird
Treaty Act ofl918.
Crested Caracara (Caricora cheriwav)
Two crested caxacara wer observed during the listed species surveys documented on
the Project site.
WadinlZ Birds
The Florida Atlas of Breeding Sites for Herons and Their Allies (Roode eta!. 1991)
was referenced for the location of breeding colonies for both listed and non-listed
wading birds including the snowy egret (Egretta thula), tri-colored heron (Egretta
tricolor), little blue heron (Egretta caerulea), wood stork (Mycteria americana),
and white ibis (Eudocimus albus). No rookeries were listed as occurring on-site
(BIS Figure I). The nearest recorded site (No. 619142) is located northeast of the
Project site over three miles away. This site is an active wood stork rookery.
BurrowinlZ Owls (Athene cunicu1aria) and Sandhill cranes (&us Canadensis)
Burrowing owls and sandhill cranes were documented to the north on improved
pasture habitat.
Red-Cockaded Woodnecker (Picoides borealis)
To date, no red-cockaded woodpeckers were observed or heard on the property.
No red-cockaded woodpecker cavity trees have been documented on the project site.
The nearest documented red-cockaded woodpecker cavity trees are approximately a
half mile west of the project site.
Bil! C'I'JlI'Css Fox Squirrel (Sciurus niller avicennia)
Potential Big Cypress fox squirrel habitat exists within the pine flatwoods habitat.
No Big Cypress fox squirrels have been documented on the project site.
EAC Meeting
Agenda Item No. 17B
February 23, 2010
Page 70 of 100
Page 22 of26
Florida Panther (Puma concolor caryl)
The FWCC has docwnented telemetry points from a radio-collared Florida
panther in Jbe vicinity of the site. The nearest documented panther telemetry point
is approximately one mile east of the Project site. The majority of the property
does not occur within a panther primary or secondary zone as identified by the
Florida Panther Subteam of MERIT. There are portions of the northern 8Ild
eastern property limits that extend into the panther primary and secOndary zones.
However, the close proximity of neighboring development would deter any
panthers from utilizing the site. A Biological Opinion was issued for Phase I of
the Project for the Florida panther (EIS Exhibit 19).
Black Bear (Ursus americanus floridanus)
No black bear o~ their signs. (Le., tracks, scat, etc.) were observed during the listed
species surveys conducted on the propertY. No black bear telemetry points have
been docwnented on the project site. The nearest documented black bear telemetry
point is approximately three miles northeast of the project site. The project site is
listed as primary Florida Black Bear habitat according to FWC.
EAC Meeting
Agenda Item No. 17B
February 23,2010
Page 71 of 100
Page 23 of26
VII. RECOMMENDATIONS
Staff recommends approval of Planned Unit Development Rezone No: PUOZ-
2007-AR -12294 "lmmokalee Regional Airport PUO" with the following
conditions:
Stormwater Manal!ement
I)None
Environmental
1) Provide an upd!lted listed species survey as part of the next development
order.
2) Provide Florida black bear, Big Cypress fox squirrel, and burrowing owl
mllllllgement plans as part of the next development order.
3) Provide a gopher tortoise relocation management plan as part of the next
development order.
4) Provide a report to the Environmental Services staff on the results of the
relocation of the gopher tortoises within thirty days of relocation. The report
must contain the following information: the number of burrows excavated, the
number of tortoises relocated, and the final relocation site.
5) At the next development order, the PUO document and legal description shall
exclude the wetland ditch acreage as part of the preservation requirement.
EAC Meeting
Agenda Item No. 178
February 23, 2010
Page 72 of 100
Page 2S of 26
aSl!J't!8
DATE
AN CHRZANO
ENGINEERING RE W MANAGER
ENGINEERING SERVICES DEPARTMENT
~./9'~.
CHRIS D' AReO
ENVIRONMENTAL SPECIALIST
ENvIRONivfENTAL SERVICES DEPARTMENT
~~/
DATE
:'i~s~~ Z{~ID 9
PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
Agenda Item No. 1 f I:S
February 23, 2010
Page 73 of 100
EAC Meeting
Page Z6 of26
REVIEWED BY:
~g ~Z1~
DATE
~"o.~
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
O~-l.'-qJ
DATE
$ 7W~~'
STEVEN WILLIAMS
ASSISTANT COUNTY AITORNEY
OFFICE OF THE COLLIER COUNTY AITORNEY
'-23'0,,#
DATE
APPROVED BY:
~1f
Immokalee Regional Airport AOPUD
List of Ownership Interests
Name
AcrealZe
Collier County
3301 Tamiami Trail East, Bldg. F
Naples, FL 34112
1,381 acres
CDC Land Investments, Inc.
3003 Tamiami Trail North, Suite 400
Naples, FL 34103
103 acres
Miles C. Collier
Barron G. Collier II
Inglis U. Collier Trust, dated 11/20/98, as amended
Agenda Item No. 178
February 23,2010
Page 74 of 100
OwnershiD Interest
100%
41.667%
41.667%
16.666%
Colly County
---- -........~.. --
Agenda Item No. 176
February 23, 2010
Page 75 of 100
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
PETITION NO
PROJECT NAME
DATE PROCESSED
To be completed by staff
_.~'~;'--
'. .,". mgr~r~~~;;;;'~ J'.," :' .
.. . . V" .~=".' i;" l . ,. '.. ,. ,
NAME OF APPLlCANT(S) COLLIER COUNTY AIRPORT AUTHORITY (CCAAl
ADDRESS 2005 MAINSAIL DRIVE. SUITE #1 CITY NAPLES STATE..EL ZIP HlH
TELEPHONE # 239-642-7878 CELL # _ FAX # 239.394-3515
E-MAIL ADDRESS:THERESACOOK@COLLlERGOV.NET
NAME OF APPLlCANT(S) CDC LAND INVESTMENTS. INC.
ADDRESS 3003 T AMI AMI TRAIL NORTH CITY NAPLES STATE ..EL ZIP 34103
TELEPHONE # CELL # FAX #
E-MAIL ADDRESS:
NAME OF AGENT D. WAYNE ARNOLD. AICP
ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FL ZIP 34134
TELEPHONE # 239-947-1144 CELL # FAX # 239-947-0375
E-MAIL ADDRESS:WARNOLDICi)GRADYMINOR.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
Co.., County
- .......-----. -
Agenda Item No. 17B
February 23,2010
Page 76 of 100
COlliER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COllIERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
Complete the following for all registered Association(s) that could be affeded by this petition.
Provide additional sheets if necessary. Information can be found on the Board of County
Commissioner's website at h"D:llwww.c:ollieraov.nel/lndex.a.ax?Daoe=774
NAME OF HOMEOWNER ASSOCIATION, IMMOKALEE CIVIC ASSOCIATION
MAILING ADDRESS 502 E. NEW MARKET RD CITY IMMOKALEE STATE -EL- ZIP 34142
NAME OF HOMEOWNER ASSOCIATION,_
MAILING ADDRESS CITY STATE ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS CITY STATE ZIP
NAME OF HOMEOWNER ASSOCIATION,
MAILING ADDRESS CITY STATE ZIP
NAME OF HOMEOWNER ASSOCIATION,
MAILING ADDRESS _ CITY _ STATE _ ZIP _
eollr County
- "'------ ... -
Agenda Item No. 17B
February 23, 2010
Page 77 of 100
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest
as well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
Please see attached ownershiD information.
% of Ownershio
b. If the property is owned by a CORPORATION, list the offieers and stoekholders
and the percentage of stock owned by each.
Name and Address
% of Ownershio
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address
% of Ownership
-
-
Co~ 9mnty .
-- - -
Agenda Item No. 176
February 23, 2010
Page 78 of 100
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104
WWW.COLLIERGOV.NET (239) 252-2400 FAX (239) 643-6968
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
% of OwnershiD
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the eontracf purchasers
below, including the officers, stoekholders, beneficiaries, or partners.
Name and Address
% of Ownership
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all
individuals or offieers, if a corporation, partnership, or trust.
Name and Address
Co~ gaunty
-..-- - ~
Agenda Item No. 178
February 23,2010
Page 79 of 100
COlliER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104
WWW.COllIERGOV.NET (239) 252-2400 FAX (239) 643-6968
g. Date subject property acquired [8J Alroort to County in 19605. CDC orooertv in
Aoril. 2005 (name chanael leased 0 Term of lease yrs.fmos.
If, Petitioner has option to buy, indicate the following:
Date of option: _
Date option terminates: ---' or
Antieipated closing date _
h. Should any changes of ownership or changes in contracts for purehase oceur
subsequent to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
--
Detailed lel!al descriDtion of the DroDerty covered bv the aDDlication: (If space is inadequate,
attach on separate page.) If request involves change to more than one zoning distrid, include
separate legal description for property involved in each distrid. Applicant shall submit four (4)
copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if
required to do so at the pre-application meeting. Please see Exhibit D.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise
concerning the legal description, an engineer's certification or sealed survey may be required.
Sedion/Township/Range 2S. 26. 27. 34. 3S. 36
Lot: Bloek: Subdivision:
Plat Book _ Page #: _ Property 1.0. #: 00115560008.00087680003.00068520001.
00068440000.00068320007.00088880006.00088800002. 00115400003and
00088920005
/ 46 South
/ 29 East
Metes & Bounds Description: _
Size of orooertv: ft. X _ ft. = Total Sq. Ft. _ Acres 1484 +/- acres
Address/aenerallocation of subied orooertv: 799 Airoark Blvd. 700-1180 CR 846
PUD District (LDC 2.03.06): 0 Residential 0 Community Facilities
o Commercial 0 Industrial [8J Airport Operations
~.
eollT County
- "'-~--. -
Agenda Item No. 178
February 23, 2010
Page 80 of 100
COlliER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COlLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
Zoning land Use
N A-MHO Citrus aroves
5 I, C-5-AOSD & A-MHO Developed industrial and commercial, aariculture
E A-MHO Agriculture
Developed industrial and commercial, park and citrus
W I, C-5-AOSD, P & A-MHO groves
Does the owner of the subject property own property contiguous to the subiect property? If
so, give complete legal description of entire contiguous property. (If space is inadequate,
attach on separate page). Yes. CDC Land Investments. Inc. owns adiacent aaricuHural
DrODertv .
Section/Township/Range 36
/ 46 South
/ 29 East
Lot:
Block.
Subdivision:
Plat Book 3787
Page #: 946
Property 1.0. #: 00088920005
Metes & Bounds Description: _
This application is requesting a rezone from the Industrial en and Rural Aariclutural (AI
zoning
district(s) to the AOPUD
zoning district(s).
Present Use of the Property: Immokalee Reaional AirDort. aaricultural
Proposed Use (or range of uses) of the property. AirDort oDerations. industrial and aaricuHural (fullv
described in Exhibit A. attachedl
Original PUD Name: nfa
Ordinance No..
Co!lr County
- '"--~---. .-
Agenda Item No. 178
February 23, 2010
Page 81 of 100
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
Pursuant to Section 10.02.13 of the Collier County Land Development Code, staH's analysis and
recommendation to the Planning Commission, and the Planning Commission's recommendation to
the Board of County Commissioners shall be based upon consideration of the applicable criteria
noted below. Provide a nar~ative statement describing the rezone request with specific reference to
the criteria nated below. Include any backup materials and documentation in support of the
request.
PUD Rezone Considerations (LDC Section 10.02.13.BI
1. The suitability of the area for the type and paHern of development proposed In relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities.
The subject property is already home to the Immokalee Regional Airport and
several ancillary uses. In fact, most of the requested uses are already
permitted under the existing Industrial zoning designation. The land is
largely cleared, with the exception of the area designated for native
vegetation preservation. No physical characteristics preclude development
of the site. Suitable access points, including interconnection with
neighboring development, where appropriate, have been designated on the
Master Plan. Adequate drainage facilities, water and sewer may be provided
on the site. Overall, the site is appropriate for development. A small portion
of the proposed PUO has been impacted for agricultural use. This area will
become runway protection zone.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as they may
relate to arrangements or provisions to be made for the continuing operation and
maintenance of such areas and facilities that are not to be provided or maintained at public
expense. Findings and recommendations of this type shall be made only after consultation
with the county aHorney.
The Collier County Airport Authority (CCAA) owns most of the subject
property and is anticipated to retain unified control over the site because it is
prohibited from selling any land to other entities. Corporate entities and
private enterprises may choose to develop businesses or hangars in various
tracts of the PUO, however, they may only lease the property from the
CCAA. Proper documentation of unified authority is in place or will be
created to serve this purpose. COC Land Investments, Inc. has also
provided proper documentation to demonstrate unified control of the 103-
acre parcel on the eastern end of the PUO. The CCAA and COC Land
Investments, Inc. will coordinate development efforts in the future.
1.
Co~ County
,,"","". ~ -
Agenda Item No. 17B
February 23, 2010
Page 82 of 100
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104
WWW.COLLIERGOV.NET (239) 252-2400 FAX (239) 643.e968
3. Conformity of the proposed PUD with the goals, obiedives and policies of the growth
management plan. (This is to include identifying what Sub-dlstrid, polley or other provision
allows the requested uses/density, and fully explaining/addressing all criteria or conditions
of that Sub-distrid, polley or other provision.)
The proposed Immokalee Regional Airport AOPUD is consistent with the
Collier County Growth Management Plan, as described in the attached
narrative
4. The Internal and external compatibility of proposed uses, which conditions may include
restrldlons on location of improvements, restrldlons on design, and buffering and screening
requirements.
The primary function of the Immokalee Regional Airport is to provide
facilities for air transportation to southwest Florida via rural eastern Collier
County. The airport is surrounded by developable land tracts that separate
airport operations from neighboring uses. These tracts will serve as
preserve, airport-dependent industrial uses, independent industrial uses and
ancillary uses. The property located southeast of the subject site is utilized
for agricultural operations. The properties located west, north and east of
the site are utilized at this time for orange groves and ranching lands. They
are zoned Rural Agriculture (A). A variety of industrial and heavy
commercial uses, such as the Immokalee Farmers Market and a concrete
plant are located southwest and south of the subject property. These uses
have co-existed with the airport and are compatible with the proposed uses.
Appropriate buffering standards, including setbacks and landscape
requirements are included in the PUD regulations to provide continued
harmony between uses as the area develops over time.
S. The adequacy of usable open space areas In existence and as proposed to serve the
development.
A native vegetation preserve is provided between the runway area and lands
to the west of the property. Other open spaces, such as water management
ponds, will be provided in accordance with the development standards
outlined in the PUD requirements. Extensive open space amenities are not
necessary due to the industrial nature of the PUD; however, the applicant
intends to develop a high-quality facility and will adhere to open space
standards to provide an attractive, functional project.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
eollr County
-- ~--.... -
Agenda Item No. 17B
February 23, 2010
Page 83 of 100
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104
WWW.COLLIERGOV.NET (239) 252-2400 FAX (239) 643-6968
Unlike many proposed Planned Unit Developments, the subject property will
not be built all at one time with a target completion date. The site is partially
developed already, and over time additional facilities and businesses will be
built on the property. Each improvement will demonstrate that adequate
public facilities are available, as demonstrated by Traffic Impact Statements,
Utility Provision Statements and as required by related County regulations.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The subject property has been targeted as a catalyst for economic
development of the Immokalee area and southwest Florida as a whole.
There is quite a bit of industrial land in the surrounding area and the
Immokalee Regional AirporVFlorida Tradeport is envisioned as the hub, a
critical component, of the economic success of the area.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on determination that such modifications of justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
The proposed development is consistent with the PUD requirements
contained within the Land Development Code, except as modified by the
requested deviations.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many
communities have adapted such restrictians. Vou may wish to contact the civic or property owners
association in the area for which this use is being requested in order to ascertain whether or not the
request is affected by existing deed restrictions.
Previous land use aetitions on the subiect aroaertv: To your knowledge, has a public hearing been
held on this property within the last year? 0 Ves 181 No
If so, what was the nature of that hearing? _
Officiallnteraretations or Zonina Verifications: To yaur knowledge, has there been an official
interpretation or zoning verification rendered on this property within the last year? 0 Yes 181 No
If so, please provide copies.
Agenda Item No. 176
February 23, 2010
Page 84 of 100
AFFIDAVIT OF POSTING NOTICE
STATE OF FLORIDA
COUNTY OF LEE
BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO
ON OATH SAYS THAT SHE HAS POSTED PROPER N rICE AS REQUIRED BY COLLIER COUNTY ON
THE PARCEL COVERED IN THE ZONING APPLIC 0 REFERENCED BELOW.
Sharon Umnenhour
NAME (TYPED OR PRINTED)
O. Gradv Minor and Assoc.. P.A.. 3800 Via Del Rev
STREET OR PO BOX
Bonita Sonnes. Florida 34] 34
CITY, STATE AND ZIP
PUDZ-2007-AR-12294. Immokalee Reeional Airnort PUD
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was sworn to and subscribed before me this 3rd day of November, 2009, by
SHARON UMPENHOUR. oersonallv known to me or '::he prea..eeEl as iElelltifieali9R and
who EIi<IIdid not take an oath.
"1:1..... CARIN J. DWYER
:~ MY cot.t.tISSKlN' DD 788682
li ' . EXPIRES: May 14, 2012
.... BondIdllwuNalalyN*:l..WIlIIwrbrs
Printed Name ofNotaJy Public
SEAL
"
Agenda Item No. 176
February 23, 2010
Page 85 of 100
ORDINANCE NO. 10 -_
AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
BY AMENDING TIlE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM THE
INDUSTRIAL ZONING DISTRICT (1) AND AGRICULTURAL
WITH A MOBILE HOME OVERLAY ZONING DISTRICT (A-
MHO) TO THE AIRPORT OPERATIONS PLANNED UNIT
DEVELOPMENT ZONING DISTRICT (AOPUD) FOR A
PROJECT TO BE KNOWN AS TIlE IMMOKALEE REGIONAL
AIRPORT OPERATIONS PLANNED UNIT DEVELOPMENT.
THIS PROJECT PROPOSES TO ALLOW DEVELOPMENT OF A
MAXIMUM OF 5,000,000 SQUARE FEET OF AVIATION AND
NON-AVIATION DEVELOPMENT ON 1,484'" ACRES OF LAND
LOCATED IN PORTIONS OF SECTIONS 25, 26, 27, 34, 35. 36,
TOWNSHIP 46 SOUTH, RANGE 29 EAST, AND SECTIONS 2
AND 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Collier County Airport Authority (CCAA) and CDC Land Investments,
Inc., represented by D. Wayne Arnold ofQ Grady Minor & Associates, Inc., petitioned the Board of
County Commissioners to change the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in portions of
Sections 25, 26, 27, 34, 35, 36, Township 46 South, Range 29 East, and Sections 2 and 3, Township
47 South, Range 29 East, Collier County, Florida, is changed from the Industrial Zoning District (1)
and Agricultural with a Mobile Home Overlay Zoning District (A-MHO) to the Airport Operations
Planned Unit Development Zoning District (AOPUD) for a project to be known as the Immokalee
Regional Airport Operations Planned Unit Development. This project proposes to allow
-
PUDZ-2007-AR-12294
Rev. 1/19/10
I
Agenda Item No. 17B
February 23, 2010
Page 86 of 100
development on 1484:1: acres of land in with accordance with Exhibits A-F attached hereto and
incorporated by reference herein. The appropriate zoning atlas map or maps as described in
Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are
hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this
day of
,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
BY:
FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
~\t'-~\O
"
Heidi Ashton-Cicko
Section Chief, Land Uselfransportation
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
List of Allowable Uses
Development Standards Table
Master Plan
Legal Description
List of Requested Deviations
Development Commitments Specific to the Project
CPl07-CPS.00737\56
PUDZ-2007-AR-12294
Rev. 1119110
2
Agenda Item No. 178
February 23,2010
Page 87 of 100
Exhibit A
for
Immokalee Regional Airport
Airport Operations Planned Unit Development
I. Airport Operations Tract
The Airport Operations Tract of the Immokalee Regional Airport AOPUD is approximately
551.96* acres.
A. Permitted Uses
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part, for other than the following:
1. Principal Uses
a. Airport facilities, as defined in Section 18-38, Collier County Code of Laws and
Ordinances (Groups 4512, 4513, 4522, 4581, 9621);
b. Runways, up to 12,500 feet in length (Group 4581);
c. Taxiways (Group 4581);
d. Vehicle racing, limited to the existing 1/8 mile track length and associated
racetrack activities and operations (Group 7948) if and only if the Growth
Management Plan is amended to allow the use by right; .
e. Any other use that is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals (BZA).
2. Accessory Uses
a. Aircraft hangars;
b. Administrative offices;
c. Storage facilities, indoor and outdoor;
d. Fueling facilities, for airplanes, equipment or any other use in conjunction with
permitted uses only (above or below ground tanks);
e. Navigational aids, including but not limited to control towers;
f. Safety services (Groups 9221, 9224, 971 J , 972 J) and essential service operations;
g. Caretaker or on-site manager's residence;
h. Essential services, in accordance with the Land Development Code (LDC) section
2.01.03;
i. Retail sales and/or display areas as accessory to the principal use, excluding
automotive sales and/or display areas, not to exceed an area greater than 20
percent of the gross floor area of the permitted principal use, and subject to retail
standards for landscaping, parking and open space;
j. Recreational vehicle campground and ancillary support facilities when in
conjunction with temporary special events such as air shows and the like -
applicable to the Immokalee Regional Airport only, and subject to the provisions
of section 5.05.1 O.C.1. - C.6. of the Land Development Code. Recreational
vehicles, tents, and other structures and facilities allowed in the campground for
temporary habitation, shall be allowed for no more than seventy-two (72)
consecutive hours;
PUD dcH;;UJ1lcnt 12117/09 cepe
Immokalcc: RCiional Airport AOPUD
Page 1 of 13
Agenda Item No. 178
February 23,2010
Page 88 of 100
k. Recreational vehicle campground and ancillary support facilities when in
conjunction with vehicle racing - applicable to the Immokalee Regional Airport
only, and subject to the provisions of section 5.05.IO.C.I. - C.6. of the LDC.
Recreational vehicles, tents, and other structures and facilities allowed in the
campground for temporary habitation, shall be allowed for no more than seventy-
two (72) consecutive hours; and,
l. Any other use that is comparable in nature with the foregoing list of permitted
uses, as determined by the BZA according to the process described in the LDC.
B. Conditional Use
I. Vehicle racing, including associated racetrack activities and operations (Group 7948).
II. Industrial Development Tract:
The Industrial Development Tract of the Immokalee Regional Airport AOPUD is
approximately 692.01:1: acres.
A. Permitted Uses
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part, for other than the following listed uses, as defined in the Land Development Code
and/or the 1987 Edition of the Standard Industrial Classification Manual:
I. Principal Uses
a. All uses permitted in the Airport Operations Tract of this AOPUD;
b. Agriculture, forestry and fishing (Groups 0111-0191,0211-0291,0711-0783);
c. Construction (Groups 1521-1542,1611-1629,1711-1799);
d. Manufacturing (Groups 2011-2099, 2211-2299, 2311-2399, 2431-2499, 2511-
2599,2611-2679,2711-2796,2812-2899 (except 2892), 3011-3089, 3111-3199,
3211-3231, 3251-3269, 3281-3299, 3312-3399, 3411-3479, 3491-3499, 3511-
3599,3612-3699,3711-3799,3812-3873,3911-3999);
e. Local and suburban transit (Groups 4111-4173);
f. Motor freight transportation and warehousing (Groups 4212-4231);
g. U.S. Postal Service (Group 4311);
h. Transportation by air (Groups 4512 - 4581);
i. Transportation Services (Groups 4724-4789);
j. Communications (Groups 4812-4899);
k. Wholesale trade (Groups 5012-5099, 5111-5199)
l. Services (Groups 7011, 7211-7299, 7311-7389, 7513-7549, 7622-7699, 7948,
7997,7999,8071,8072,8299,8322,8331,8399,8711-8748)
m. Public administration (Groups 9111-9199, 9211-9229, 9411-9451, 95I1-9532,
9611-9661,9711-9721)
n. Public recreation areas (Group 7999);
o. Essential services, in accordance with LDC Section 2.01.03;
p. Any other use that is comparable in nature with the foregoing list of permitted
principal uses, as determined by the BZA according to the process described in
the LDC.
POD document 12/17/09 cepc
Immokalcc Regional Airport AOPUD
Page 2 of 13
Agenda Item No. 178
February 23,2010
Page 89 of 100
2. Accessory Uses
a. Aircraft hangars;
b. Administrative offices;
c. Storage facilities, indoor and outdoor;
d. Fueling facilities, for airplanes, equipment or any other use in conjunction with
permitted uses only (above or below ground tanks);
e. Navigational aids, including but not limited to control towers;
f. Safety services (Groups 9221, 9224, 9711, 9721):
g. Caretaker or on-site manager's residence; and
h. Essential services, in accordance with the Land Development Code (LDC) section
2.01.03:
i. Retail sales and/or display areas as accessory to the principal use, excluding
automotive sales and/or display areas, not to exceed an area greater than 20
percent of the gross floor area of the permitted principal use, and subject to retail
standards for landscaping, parking and open space:
j. Recreational vehicle campground and ancillary support facilities when in
conjunction with temporary special events such as air shows and the like -
applicable to the Immokalee Regional Airport only, and subject to the provisions
of section 5.05.10.C.1. - C.6. of the Land Development Code. Recreational
vehicles, tents, and other structures and facilities allowed in the campground for
temporary habitation, shall be allowed for no more than seventy-two (72)
consecutive hours:
k. Recreational vehicle campground and ancillary support facilities when in
conjunction with vehicle racing - applicable to the Immokalee Regional Airport
only, and subject to the provisions of section 5.05.10.C.1. - C.6. of the LDC.
Recreational vehicles, tents, and other structures and facilities allowed in the
campground for temporary habitation, shall be allowed for no more than seventy-
two (72) consecutive hours;
I. Garages;
m. Carports;
n. Guardhouses, gatehouses and access control structures;
o. Temporary construction, sales and administrative offices; and,
p. Any other use that is comparable in nature with the foregoing list of permitted
uses, as determined by the BZA according to the process described in the LDC.
HI. Expansion Tract
The Expansion Tract of the Immokalee Regional Airport AOPUD is approximately 103.0:1:
acres.
A. Permitted Uses
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part, for other than the following listed uses, as defmed in the Land Development Code
and/or the 1987 Edition of the Standard Industrial Classification Manual:
I. Principal Uses
a. Single-family dwelling;
PUD document 1211 7109 cepc
Immokalee Regional Airport AOPUD
Pasc3of13
Agenda Item No. 178
February 23,2010
Page 90 of 100
b. Agricultural activities, including, but not limited to: Crop raising; horticulture;
fruit and nut production; forestry; groves; nurseries; ranching; beekeeping;
poultry and egg production; milk production; livestock raising, and aquaculture
for native species subject to Florida Fish and Wildlife Conservation Commission
permits;
c. Dairying;
d. Ranching;
e, Poultry and egg production;
f. Milk production;
g. Livestock raising;
h. Animal breeding, raising, training, stabling or kenneling;
i. Wildlife management, plant and wildlife conservancies, wildlife refuges and
sanctuaries;
j. Conservation uses;
k. Oil and gas exploration subject to state drilling permits and Collier County site
development plan review procedures;
I. Family care facilities, subject to section 5.05.04;
m. Communications towers up to specified height, subject to section 5.05.09;
n. Essential services, as set forth in section 2.01.03;
o. Schools, public, including "Educational plants.";
p. Navigational aids; and,
q. Any other use that is comparable in nature with the foregoing list of permitted
uses, as determined by the BZA according to the process described in the LDC.
2. Accessory Uses
a. Uses and structures that are accessory and incidental to the uses permitted as of
right in the A district;
b. Farm labor housing, subject to section 5.05.03;
c. Retail sale of fresh, unprocessed agricultural products, grown primarily on the
property and subject to a review of traffic circulation, parking, and safety
concerns pursuant to the submission of a site improvement plan as provided for in
section 10.02.03;
d. Packinghouse or similar agricultural processing of farm products produced on the
property subject to the following restrictions:
i. Agricultural packing, processing or similar facilities shall be located on a
major or minor arterial street, or shall have access to an arterial street by a
public street that does not abut properties zoned RSF-I thru RSF-6, RMF-6,
RMF-12, RMF-16, RT, VR., MH, TTRVC and PUD or are residentially used.
II. A buffer yard of not less than 150 feet in width shall be provided along each
boundary of the site which abuts any residentially zoned or used property, and
shall contain an Alternative B type buffer as defined within section 4.06.00.
Such buffer and buffer yard shall be in lieu of front, side, or rear yards on that
portion of the lot which abuts those districts and uses identified in subsection
2.03.01 A.1.b. 4. i. above.
Hi. The facility shall emit no noxious, toxic, or corrosive dust, dirt, fumes, vapors,
or gases which can cause damage to human health, to animals or vegetation,
or to other forms of property beyond the lot line of the use creating the
emission.
PUD document 12/17/09 CCPC
Immokalce Regional Airport AOrun
Page4ofl3
Agenda Item No. 17B
February 23, 2010
Page 91 of 100
iv. A site development plan shall be provided in accordance with section
10.02.03.
e. Excavation and related processing and production subject to the following
criteria:
i. The activity is clearly incidental to the agricultural development of the
property.
ii. The affected area is within a surface water management system for
agricultural use as permitted by the South Florida Water Management District
(SFWMD).
Hi. The amount of excavated material removed from the site cannot exceed 4,000
cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional
use approval for earthmining, pursuant to the procedures and conditions set
forth in Chapter 10.
f. Guesthouses, subject to section 5.03.03.
g. Private boathouses and docks on lake, canal or waterway lots, subject to section
5.03.06.
h. Use of a mobile home as a temporary residence while a permanent single-family
dwelling is being constructed, subject to the following:
i. Receipt of a temporary use permit from the Development Services Director,
pursuant to section 5.04.04, that allows for use of a mobile home while a
permanent single-family dwelling is being built;
ii. Assurance that the temporary use permit for the mobile home will expire at
the same time of the building permit for the single-family dwelling, or upon
the completion of the single-family dwelling, whichever comes first;
iii. Proof that prior to the issuance of a final certificate of occupancy for the
single-family dwelling, the mobile home is removed from the premises; and
iv. The mobile home must be removed at the termination of the permitted period.
i. Use of a mobile home as a residence in conjunction with bona fide agricultural
activities subject to the following:
i. The applicant shall submit a completed application to the site development
review director, or his designee, for approval of a temporary use permit to
utilize a mobile home as a residence in conjunction with a bona fide
commercial agricultural activity as described in subsection 2.03.0] A.1.2.
Included with this application shall be a conceptual plot plan of the subject
property depicting the location of the proposed mobile home; the distance of
the proposed mobile home to all property lines and existing or proposed
structures; and, the location, acreage breakdown, type and any intended
phasing plan for the bona fide agricultural activity.
ii. The receipt of any and all local, state, and federal permits required for the
agricultural use and/or to place the mobile home on the subject site including,
but not limited to, an agricultural clearing permit, building pennit(s), ST
permits, and the like.
iii. The use of the mobile home shall be permitted on a temporary basis only, not
to exceed the duration of the bona fide commercial agricultural activity for
which the mobile home is an accessory use. The initial temporary use permit
may be issued for a maximum of three years, and may, upon submission of a
written request accompanied by the applicable fee, be renewed annually
thereafter provided that there is continuing operation of the bona fide
commercial agricultural activities.
PUD document 12/17/09 CCPC
lmmoknlee Regional Airport AOPUD
Page 5 of 13
Agenda Item No. 176
February 23, 2010
Page 92 of 100
iv. The applicant utilizing, for the bona fide commercial agricultural activity, a
tract of land a minimum of five acres in size. Any property lying within public
road rights-of-way shall not be included in the minimum acreage calculations.
v. A mobile home, for which a temporary use permit in conjunction with a bona
fide commercial agricultural activity is requested, shall not be located closer
than 100 feet from any county highway right-of-way line, 200 feet from any
state highway right-of-way, or 500 feet from any federal highway right-of-
way line.
j. Recreational facilities that serve as an integral part of a residential development
and have been designated, reviewed and approved on a site development plan or
subdivision master plan for that development. Recreational facilities may include
but are not limited to golf course, clubhouse, community center building and
tennis facilities, parks, playgrounds and playfields.
IV. Preserve Tract
The Preserve Tract of the Immokalee Regional Airport AOPUD is approximately 137.03:1:
acres.
A. Permitted Uses
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part, for other than the following:
1. Principal Uses
a. Native vegetation preserve in accordance with approved deed of conservation
easement;
b. No structures may be permitted within the Preserve Tract.
PUD document 12/17109 cePe
Immokalcc Regional Airport AOPUD
Page 6 or13
Agenda Item No. 17B
February 23,2010
Page 93 of 100
Exhibit B
Cor
Immokalee Regional Airport
Airport Operations Planned Unit Development
Table 1 - Development Standards
Minimum Setback
AOPUD Bounda
Tract Bounda
Preserve Tract
Ri ht-of-wa
Maximum Zoned Hei ht.
Maximum Actual Hei ht.
Separation of Structures
minimum
25 feet
1 0 feet
25 feet
1 0 feet
50 feet
55 feet
] 5 feet
25 feet
] 0 feet
25 feet
1 0 feet
50 feet
55 feet
15 feet
25 feet
10 feet
25 feet
10 feet
50 feet
55 feet
15 feet
Minimum Setback
AOPUD Bounds
Tract Bounda
Preserve Tract
Ri ht-of-wa
Maximum Zoned Hei ht.
Maximum Actual Hei ht*
Separation of Structures
minimum
I 0 feet
o feet
10 feet
1 0 feet
45 feet..
50 feet**
o feet
I 0 feet
o feet
I 0 feet
10 feet
45 feet"
50 feet**
o feet
10 feet
o feet
1 0 feet
10 feet
45 feet..
50 feet..
o feet
.
..
All building heights shall he in accordance with this table and in compliance with FAA restrictions.
Control towers and navigational equipment shall be exempt from maximum height limitations; however,
they are subject to FAA requirements,
Where development standards have not been listed, the Rural Agricultural zoning standards shall apply to
property within the Expansion Tract.
...
PUD document 12/17/09 CCPC
Jmmokalec Regional Airport AOPUD
Pagc7of13
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Agenda Item No. 17B
February 23, 2010
Page 95 of 100
Exhibit D
for
Immokalee Regional Airport
Airport Operations Planned Unit Development
Legal Description
A PARCEL OF LAND BEING LOCATED IN PORTIONS OF SECTIONS 25, 26, 27, 34, 35, AND 36 OF
TOWNSHIP 46 SOUTH, RANGE 29 EAST AND PORTIONS OF SECTIONS 2 AND 3 OF TOWNSHIP 47
SOUTH, RANGE 29 EAST OF COLLIER COUNTY, CITY OF IMMOKALEE, FLORIDA; SAID
PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE NORTHWEST CORNER OF SECTION 2, TOWNSHIP 47 SOUTH, RANGE 29
EAST, COLLIER COUNTY, CITY OF IMMOKALEE, FLORIDA; THENCE RUN SOUTH 01'49'03" EAST,
FOR A DISTANCE OF 2,680.61 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF COUNTY
ROAD 846 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
THENCE RUN SOUTH 88'58'33" WEST, ALONG SAID NORTH RIGHT-OF-WAY, FOR A DISTANCE
OF 2,560.08 FEET; THENCE RUN NORTH 00'37'52" WEST, FORA DISTANCE OF 2,686.19 FEET TO
A POINT ON THE TOWNSHIP LINE OF TOWNSHIP 46 SOUTH AND TOWNSHIP 47 SOUTH; THENCE
RUN SOUTH 89'01'33" WEST, ALONG SAID TOWNSHIP LINE, FOR A DISTANCE OF 351.66 FEET;
THENCE RUN NORTH 27'58'56" WEST, FOR A DISTANCE OF 856.22 FEET TO A POINT ON THE
SOUTHEASTERLY LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE RUN ALONG SAID
SOUTHEASTERLY LINE FOR THE FOLLOWING TWO(2) COURSES;
1) NORTH 15'06'23" EAST, FOR A DISTANCE OF 207.92 FEET;
2) NORTH 15'28'01" EAST, FOR A DISTANCE OF 6,020.10 FEET TO A POINT ON THE SOUTH
QUARTER SECTION LINE OF SECTION 27, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA; THENCE RUN NORTH 86'52'49" EAST, ALONG SAID SOUTH LINE, FOR A
DISTANCE OF 1,636.79 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 27; THENCE RUN
NORTH 89'35'07" EAST, ALONG THE SOUTH QUARTER SECTION LINE OF SECTION 26,
TOWSNHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF
2,658.08 FEET TO A POINT ON THE NORTH-SOUTH SECTION LINE OF SAID SECTION 26; THENCE
CONTINUE NORTH 89'35'19" EAST, ALONG SAID SOUTH QUARTER SECTION LINE, FOR A
DISTANCE OF 2,658.01 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 26; THENCE RUN
NORTH 89'52'16" EAST, ALONG THE SOUTH QUARTER SECTION LINE OF SECTION 25,
TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF
1,323.54 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 25; THENCE RUN SOUTH 00'37'21" EAST, ALONG THE
WEST QUARTER SECTION LINE OF SAID SECTION 25, FOR A DISTANCE OF 1,350.17 FEET TO A
POINT ON THE SOUTH LINE OF SAID SECTION 25; THENCE RUN SOUTH 00'33'16" EAST, ALONG
THE WEST QUARTER SECTION LINE OF SECTION 36, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 373.51 FEET; THENCE RUN NORTH 66'11'46"
EAST FOR A DISTANCE OF 2,544.75 FEET; THENCE RUN SOUTH 01'48'12" EAST FOR A
DISTANCE OF 1,750.00 FEET; THENCE RUN SOUTH 88'11'48" WEST FOR A DISTANCE OF
2,582.89 FEET TO A POINT ON THE WEST QUARTER SECTION LINE OF SECTION 36, TOWNSHIP
46 SOUTH, RANGE 29 EAST; THENCE RUN SOUTH 00'33'18" EAST FOR A DISTANCE OF 528.62
FEET TO A POINT ON THE EAST-WEST SECTION LINE OF SAID SECTION 36; THENCE RUN
NORTH 89'57'51" WEST ALONG SAID EAST-WEST LINE, FOR A DISTANCE OF 1,325.57 FEET TO A
POINT ON THE EAST LINE OF SECTION 35, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA; THENCE RUN SOUTH 89'01'27" WEST, ALONG THE EAST-WEST SECTION
LINE OF SAID SECTION 35, FOR A DISTANCE OF 1,982.31 FEET; THENCE RUN SOUTH 00'18'39"
WEST, FOR A DISTANCE OF 665.62 FEET; THENCE RUN SOUTH 68'52'25" WEST, FOR A
DISTANCE OF 686.43 FEET TO A POINT ON THE NORTH-SOUTH SECTION LINE OF SAID SECTION
35; THENCE RUN ll6IfTH 00'03'26" EAST, ALONG SAID NORTH-SOUTH LINE, FOR A DISTANCE
OF 1,334.66 FEET; THENCE RUN SOUTH 88'37'37" WEST, FOR A DISTANCE OF 1,348.53 FEET TO
A POINT ON THE WEST QUARTER SECTION LINE OF SAID SECTION 35; THENCE RUN SOUTH
00'12'19" WEST, FOR A DISTANCE OF 670.12 FEET TO A POINT ON THE EAST-WEST TOWNSHIP
LINE OF TOWNSHIP 46 SOUTH AND TOWNSHIP 47 SOUTH, ALSO BEING THE SOUTH LINE OF
PUD document 12/17109 cepe
Immokalee Regional Airport AOPUD
Page 9 of 13
Agenda Item No. 17B
February 23, 2010 .
Page 96 of 100
SAID SECTION 35; THENCE RUN SOUTH 01'01'06" EAST, ALONG THE WEST QUARTER SECTION
LINE OF SECTION 2, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, FOR A
DISTANCE OF 1,337.64 FEET TO A POINT ON THE NORTH QUARTER SECTION LINE OF SAID
SECTION 2; THENCE RUN SOUTH 88'23'05" WEST, ALONG SAID NORTH QUARTER SECTION
LINE, FOR A DISTANCE OF 666.72 FEET; THENCE RUN SOUTH 01'24'24" EAST, FOR A DISTANCE
OF 1,338.87 FEET TO A POINT ON THE AFOREMENTIONED NORTH RIGHT-Of-WAY OF COUNTY
ROAD 846; THENCE RUN SOUTH 88'16'17" WEST, ALONG SAID NORTH RIGHT.OF-WAY, FOR A
DISTANCE OF 657.11 FEET TO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED,
1,484.30 ACRES, MORE OR LESS.
PUDdocumcnt 12117109 cepe
Immokalcc Regional Airport AOPUD
Page 100ft]
Agenda Item No. 178
February 23, 2010
Page 97 of 100
Exhibit E
for
Immokalee Regional Airport
Airport Operations Planned Unit Development
Deviations from the Land Development Code
1. Deviation I seeks relief from LDC Section 3.05.10 which regulates littoral plantings to
allow water quality to be met according to SFWMD regulations.
2. Deviation 2 seeks relief from LDC Section 4.05.08 which requires bicycle parking to
allow secured access facilities or sites that will have access to the taxiways of the airport
to be exempt from the requirement.
3. Deviation 3 seeks relief from LDC Section 5.05.08 which requires all sides of all
buildings to meet primary fa~ade/architectural design standards to allow buildings within
the Airport Operations Tract and all aviation-related structures to be exempt from the
requirement and to allow all other buildings to have primary fa~ade requirements only on
sides that face a roadway accessible to the general public.
4. Deviation 4 seeks relief from LDC Sections 5.06.01-5.06.07 which restricts the number,
type and location of signs to allow additional on-site signs as though the property were
subdivided and Airpark Boulevard were a platted right-of-way, and to allow roof signs as
a permitted sign type.
5. Deviation 5 seeks relief from LDC Section 4.06.03, which contains landscape
requirements for vehicular use areas and rights-of-way, to require an area equal to ten
percent of paved, marked automobile parking spaces only to be planted with vegetation to
be maintained at less than 36 inches in height. No trees will be required. This deviation
shall apply only to development within airport areas associated with aircraft movements.
6. Deviation 6 seeks relieffrom LDC Subsection 4.06.05.B which requires one canopy tree
per 3,000 square feet of pervious surface to waive this requirement. This deviation shall
apply only to development within airport areas associated with aircraft movements.
PUD document 12'17/09 ccpe
Immokalee Regional Airport AOPUD
Page 11 of 13
Agenda Item No. 178
February 23, 2010
Page 98 of 100
Exhibit F
for
Immokalee Regional Airport
Airport Operations Planned Unit Development
List of Developer Commitments and Planning Considerations
A. PlanningfTransportation
I. No industrial development shall occur on the approximately 103 acres area presently
designated outside the Immokalee Urban boundary until such time as the Immokalee
Future Land Use map is amended to designate this property to a land use category
allowing such development.
2. If a comprehensive plan amendment is sought to allow development within the
Expansion Tract that could allow increased trip generation for the AOPUD, then the
potential traffic impacts shall require additional analysis for consistency with Policy 5.1
of the Transportation Element of the GMP.
3. The developer shall submit a Traffic Impact Statement (TIS) consistent with the TIS
guidelines for each development application (SOP, SDPA, PPL, etc) within the AOPUD
whether that tract may be exempt from concurrency or not. At the time each traffic study
is approved, the developer of each forthcoming project shall be responsible to identify
and remediate any operational deficiencies caused by that project. Additionally, the
developer of those land uses being proposed within this zoning district that are subject to
concurrency shall be required to address capacity issues on the adjacent roadway
network.
4. No industrial development shall be permitted on the Expansion Tract.
B. Environmental
1. All preserve tracts shall be labeled as common areas on the Site Development Plan with
perpetual responsibility for maintenance by the Collier County Airport Authority
(CCAA). The minimum required native vegetation will be maintained in its natural or
permitted state. Activities prohibited within the preserve include, construction or placing
of buildings on or above the ground; dumping or placing soil or other substances such as
trash; removal or destruction of trees, shrubs, or other vegetation with the exception of
exotic/nuisance vegetation removal; excavation, dredging or removal of soil material,
diking or fencing; and any other activities detrimental to drainage; flood control, water
conservation, erosion control, or fish and wildlife habitat conservation or preservation.
The county shall record a declaration of easement of the preserve tract upon the first SOP
approval.
2 Provide a report to the Environmental Services staff on the results of the relocation of the
gopher tortoises within thirty days of relocation. The report must contain the following
information: the number of burrows excavated, the number of tortoises relocated, and the
final relocation site.
PUD document 12117109 cepc
Tmmok.alee Regional Airport AOPUD
Page12of13
Agenda Item No. 17B
February 23, 2010
Page 99 of 100
3. Prior to approval of the next development order for any portion of the subject site, the
developer shall complete the following:
a. Provide an updated listed species survey; and
b. Provide Florida black bear, Big Cypress fox squirrel, and burrowing owl
management using the most recent FWC telemetry points for Florida black bear and
wading bird rookeries; and
c. Provide a gopher tortoise relocation management plan.
4. The Collier County Airport Authority shall resume the prescribed bums within the upland
management area in accordance with the approved biological opinion issued by the U.S.
Fish and Wildlife Service for the Florida scrub-jay.
5. Collier County shall insure compliance with the scrub-jay management plan at the time
of next development order approval.
6. No new structures, or expansion of access roads in the Preserve Tract shall be permitted,
PUD document [2117109 ccpe
Immokalce Regional Airport AOPUD
Pase 13 of 13
\,;;,.
-.
NOTlCEOF lNTENT
TO CONSIDER 0RDlNAHa:
NotIce Is herebvglventhlt on ruES-
DAY, Februlry.u, 2010,In the Board-
~ lire! Floor, Admlnlrtration Build-
Ing. Colli... County _ GOYeI1lmM'lt Cen-,
ter, no1 EUl Tam'-m1 -Jrall. NIIpleJ,.
. FIortdI. the 1lo8re! of County Commis-
llonenwlRconslder,thlenactmlintaf
~O~A:e~lwlJ
~~I'OpOMdOrdlnln~lslSfoI~ .
AN ,ORDINANCE 'AMENDING ORDI-
~~l~~~~~tltvAS~~E~t.
VELOPMENT CODE WHI04 INo.UDES,
THE COMPREHENSM ZONING REGo- .
LAnoN5 FOR THt UNINCORPORATED
:eEAA:N~~trT~U~Pi>R~~~tE
ZONING ATlAS MAP' OIl, MAPS BY
CHANGING THE ZONING C1.ASS1flCA-
TloN Of THE HEREIN DESCRIBED REAL
PROPERTY FROM THE INDUmlAL
ZONING DlSJJDCT m AND AGRICUl.-
TURAL WITH A M08llE' HOME OVER.
LAY ZONING DISTRICT _ (A.MHO) , TO
THE- AlRPOIrr OPERATIONS PlANNED
UNITDEVEl.OPMENT ZONING DISTRICT
IAOPIJD)FOR A' PROJECT TO BE
KNOWN AS THE IMMOlCALEE REGION.
AL AIRPORT DPERATlONS' PLANNED
UNIT DMLOPMENT. nilS PROJECT
PROPOSES TO ALLOW DMLOPMENT
OF,'......, MAXIMUM, Of 5,000,000
SQUARE FEET OFAVlATION AND
'NON-AVIATION DEVELOPMENT ON
lt1M.~~~~~
n, 36,' TO\IIINSH1P 46 SOlJTlol.RANGE
29 EAST, AND' SECTIONS 2 AND 1I,
TOWNSHIP' 41 SOUTH,' RANGE '2'
EAST, COLUER COUNTY, FLORIDA;
AND BY PROVIDING AN EFFEcrIYE
DATE.
PetitiOn: PU02.2007.AR-U2M, Collllr
f:~"~ ~~~t.d~
D. W~ Arnold" AICP,. of Q. GradY
Minor Ind AsIodItel..-.qutIb I 19-
ZOIW from thllndustrill,'m Ind the
Hurll Agriwlturll wfth a Mobile Hornl
OYet1at (A-MHO) Zoning Dlstrlcts, to,
~~nt OC:~':ri~~O..m~
for' project to be known IS the Im-
mool.., ~Ional AIrport PlanMd
Unit Development... ThIs projKt pro-
p0$85to,allowawloprnentofalTllJll-
mum of 5,OOll,OOll IIqUIlfe fHt of tvIlt-
~,~ ~~~ r=-:r::::. 6f
CR M6. In SKtlon 25. 2&, 27, - J4. liS,
36, TownshIp 46 South, IliInge 29 Eart.
Ind ~onl 2 and 3, Township 47
~ ~ 29 flrt. ~olllllr County.
COp!. of the proposed ~lIInce,....
on flit- with tM.alrk to tht brd .,.d
".VllIabltfor,I~{;.A1IInter-
ested.p.artiesarelrwfted.to..atlend.tnd
behurd. .
NOTE: All pilrsonl wishing to spuk
onenyagendtltemmust~lIt<<wIth
the County .aminlstrttDr poor to pre-
IIntation of the tgWldt Item to be
IddteS5lld. Indlvldualspukers will be
limited to S mlnvta on Ill)' CUlm. The
IIlectlonofln Indlvldull to spllllk on
betMllfof-ln'org,anIZltlon or group II
.Incourllged. If recognized by tM
~a=~~=*::,s:; ':~~
~Inutestospeekonlnltem.
Persom wllhl~ to hIM: written or
B::Jlc a=:r.~~uc:. I~::
Mild meterillll.mlnlmurnof.lI_k1
. C:-1:nyto~~r:~me::::~1~=
to be considered by the Ilo8rdIhIlIIbe
JUbmlt1ed to the approprlm County
sttff a minImum of$llYen ct.yI,}l!Iorto
:::-p~=in~fo~~t~a~::::du:fl
bKome , permaMllt part oftht 19-
cord.
~:n:r.:8oa~~lIIto~a1~
cord of tM procIlIldings peI1alnlng
thertto and thertfore, m8Y need to
Insure that. varbftlm.nM:on:I of tM
proteldlngs Is.madt, which record 1n-
~:=s whl~1h~:1t,:.n~.llvldlflCl
If you are a plrson with ill diAblllty
who needs Ill)' KCClmrnodatlon in 0I"-
lier topartlclPate In tl\h;. procwdlng..
~.I:ro::ed'or :U~:'r:::nc:
PlNII corrtact the Collier County Fa-
dlltlllS Mal\lg&ment ~ 10-
CItIld It :nOI Tamiaml. Trail East:,
Bulldl~ W, NI~F1orid' 34112.
~~:3~. hurIng i::"~ :
IYli"tIle . .In the County CDnwnlsllon-
Irs'OffIce.. .
BOARD OF COUNTY COMMISSIONERS
COWER COUNTY, FLORIDA
FlIED COYLE. OIAIRMAN
DWIGHT E. 8Rocx. Q.ERK
fl~I"ISI Polaski, Deplrty Oerk
1'001>'''....7 :nnn Nn1A"nnn
~III
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Iii
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ii,
Agenda Item No. 78
February 23, 2 10
Page 100 of 00