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Backup Documents 02/23/2010 Item #17B 170 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) ....**************************.*.*.****.***....*********.*~.***..**.***..**....J....**.*.**. Originating DeptlDiv: CDES./Zonin2 Person: Kay Deselem, AICP ~ L>ate: (OJc//() Petition No. (If none, give brief description): PUDZ~2007-AR-12294, ImmokaJee Regional Airport PUD Petitioner: (Name & Address): D Wayne Arnold, Q Gardy Minor, 3800 Via DtI Rey, Bonita Springs, FL 34134 Name & Address of any person(s) to be notified by Clerk'ti Office: (It more space is needed, att!lch separate sheet) Collier County Airport Authority (CCAA), 2005 M<linsail Dr.. Suite I. Naples, Fl. 34114 Hearing before Bee BZA Otner Requested Hearing date: Februarv 23. 20 I 0 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ~2007.AR-12294, Collier County Airport Authority and CDC Land Investments, Inc" n:prcsentcd by D. Wayne Arnold. AICP. of Q, Grady Minor and Associates, requests a rezone from the Industrial (l) and the Ruml Agricultural with a Mobile Home Overlay (A~MHO) Zoning Districts to the Airport Operations Planned Unit Developmem Zoning District (AOPUD) tor a project to be known as the Immokalee Regional Airport 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 I ,484:f: acres ot 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. Companion petition(s), it any & proposed hearing date' Does Petition Fee include advertising cost: Yes No It Yes, what accollnt should be chJrged tor advertising costs: PO Number: 4500096189 for Account Number: 068779 01 -lot-to Date FO List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before Bee or RZA: Initiating person to complete one copy and obtain Dtvision Head approval before submitting to County Manager, Note: If legal document is involved. be sure tl1Mt any necessary legal review, or request for same, is submitted to County Attorney before .'iubmitting to County Manager, The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: lnitiating Division head to approve and submit original to Clerk's Office, retaining a copy for file:. ...*......................*........................*........**.**.*.*.***..*..........*.**..... FOR CLERK'S ~~ICE USE ONLY: Date Received: _\l1'k.UD Date of Public hearing: _~D Date Advertised: *-( ( (j) 178 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 THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM TIlE INDUSTRIAL ZONING DISTRICT (T) 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 DEVELOPMENT OF A MAXIMUM OF 5,000,000 SQUARE FEET OF AVIATION AND NON-A VIATTON DEVELOPMENT ON 1,48400 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 soum, 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 (I) 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 Immokalec Regional Airport Operations Planned Unit Development. This project proposes to allow PUDZ.2007.AR-12294 Rev. 1119110 178! i~ 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 Nwnber 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: Heidi Ashton-Cicko Section Chief, Land U serrransportation 0cr;L., 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 CP\01,.cPS~OO737\56 PUDZ-2007-AR-12294 Rev. 1/19/10 2 Exhibit A for Immokalee Regional Airport Airport Operations Planned Unit Development L Airport Operations Tract The Airport Operations Tract of the lmmokalee Regional Airport AOrUD is approximately 551.96r 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. Vehiclc racing, limitcd 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. Srorage 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) and essential service operations; g. Caretaker or on-site manager's residence; h. Essential services, in accordance with the Land Development Code (LOC) section 2.01.03; i. Retail sales and/or display areas as accessory to the principal use, excluding automotive sales andlor 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; .I. 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; PUDdocumcnt I2I17109CCPC Immokalell RegiolllU Airport AOPUD Page I of 13 178 178 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; 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 1. 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 692.0H 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 01 1J-0191, 0211-0291, 0711-0783); c. Construction (Groups 1521-1542, 1611-1629, 1711-1799); d. Manufacturing (Groups 201 I -2099, 2211-2299, 2311-2399, 2431-2499, 251J- 2599, 2611-2679, 2711-2796, 2812-2899 (except 2892), 301J-3089, 3111-3199, 3211-3231,3251-3269,3281-3299,3312-3399, 341J-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 45]2 - 4581); i. Transportation Services (Groups 4724-4789); j. Communications (Groups 48]2-4899); k. Wholesale trade (Groups 5012-5099, 5111-5199) I. 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, 9511-9532, 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 comparablc in nature with the foregoing list of permitted principal uses, as determined by the aZA according to the process described in the LDC. pun dOCllfTlCll! 11111109 cepe hrtmQlcalee Regional Airport AOPVD Page 2ofl3 17B 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; 1. Retail sales and/or display areas as accessory to the principal use, cxcluding 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. IO.C.!. - C.6. of the LDC. Recreational vehicles, tents, and other structures and facilities allowed in the campground tor temporary habitation;shall be allowed for no more than seventy- two (72) consecutive hours; 1. 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 nalure with the foregoing list of permitted uses, as determined by the BZA according to the process described in the LDC. III. Expansion Tract The Expansion Tract of the Immokalee Regional Airport AOPUD is approximately !03.OX 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 Classitication Manual: J. Principal Uses a. Single-family dwelling; PUDdocument 12/]7109 ccpe Tmmokalec Regional Airport AOPUD Page 3 of 13 17e b. Agricultural activities, including, but not limited to: Crop raising; hOlticulturc; 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; 1. 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 LDe. 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] 0.02.03; d. Packinghouse or similar agricultural processing of fann products produced on the property subject to the following restrictions: 1. Agricultural packing, processing or similar facilities shall he located on a major or minor arterial street, or shall have access to an arterial street by a public street that docs not abut properties zoned RSF-I thru RSF-6, RMF-6, RMF-12, RMF-16, RT, VR. MH, TIRVC 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 wh ich 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.I.b. 4. i. above. iii. The facility shall emit no noxious, toxic, or corrosive dust, dirt, fumes, vapon;, 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 lISe creating the emission. pun document 12/17/09 ccpe Immokulee Regi(lnal Airp0l1 .'\0i-JD Pase4ofJ3 17~ 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). iii. 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 pennit for the mobile home will expire at the same time of the building permit for the single-family dwelling, or upon the completion afthe single-family dwelling, whichever comes first; ili. 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 temlination 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 fidc commercial agricultural activity as described in subsection 2.03.01 A.1.2. Included with this application shall be a conceptual plot plan of the subject property depicting thc location of the proposcd mobile home; the distance of the proposed mobile home to all property lines and existing or proposed structurcs; 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 placc thc 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 pennitted on a temporary basis only, not to exceed the duration of the bona fide commercial agricultural activity for whicb thc mobile home is an accessory use. The initial temporary use penn it may be issued for a maximum of three years, and may, upon submission of a written request accompanied by the applicablc fee, be renewed annually thereafter provided that there is continuing operation of the bona fide commercial agricultural activities. PUD dOl;um!':l1t 12/17/09 cePe Immokaltt Regional Airport AOPUD Page 5 ofl3 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" 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: I. Principal Uses a. Native vegetation preserve in accordance with approvcd deed of conservation easement; b. No structures may be lJennilted within the Preserve Tract. PUD document] 2117/09 cepe Pa/:.-e6ofll lmmokalcc Regional AifJXlrt AOPUD 178 178 Exhibit II for Immokalee Regional Airport Airport Operations Planned Unit Development Table I - 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 L!!1inimum 25 feet 10 feet 25 feet 10 feet 50 feet 55 feet 15 feet 25 feet 10 feet 25 feet 10 feet 50 feet 55 reet 15 reet 25 feet 10 feet 25 feet 10 feet 50 reet 55 feet 15 reet ,~- Minimum Setback AOPUD Bounda Tract Bounda Preserve Tract Ri hl-of-wa Ma:<imum Zoned Hei ht' Maximum Actual Hei ht' Separation or Structures minimum 10 feet o feet 10 reet 10 reet 45 feet" 50 feet" o feet 10 feet o feet 10 feet 10 feet 45 feet" 50 feet" o feet I 0 feet o feel 10 feet 10 reet 45 feet" 50 feet" o feet .. All building heights shall be 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 arc subject to FAA requirements. Where development standards have not been listed, the Rural Agricultural zoning standards shall apply to property within tbe Expansion Tract. .,. Ta"le c. Preserve Tl'8etf.)eyejo~lf\eRt ~',afldards ~ lifliI"YR' Set"ael:.1: ~ Si4> Roof ~nllm Zo"o<l ~f \1a1;:iI1111rH-AlJtLl~t1 Ir~kht ~ W-fee+ H)-.feet ~ ~ ~ ~"" ~ -l~4_ ~ pun document 1 lJ 1 1109 ccpe lmmokaJee Regional Airport AOPUD Page7of13 --I 10> ~ I>> lO> 13> I>> I>> 8>j 17~ II! Ii! I . i i "II ~it! iiIltfl 111~1 llt1il tllllJI 101 I till i lp tl'jl ~ if I '.1 .1" I ;1 II p In [h lliU I flifl Ifl;jl III II " . II {'. t'.' WIltr ,'lr II' , 'lr If ~ ~ .1 is 'fr IliB NtH" Ill" .liU" iI" j" . m . ~ J!@ ~. 01 'fl ali [Ifll'l !Iil 'filII 'II If I .~ ~~ Ii i I f!- 'I 11= II.' 1 'f i t I l~ Ii "I r o 1 II ili 'lillll itll Jfll,1 lit \f i ] I I I , .. I I. II !i (~~ i!fD ,I, ~ II II!: OJ 10> I: I' ~ I IJ ~ I I>> ,I n g II 1>>1 i ' ., I , II J r "II . I 'r II!I I . I I Ii ! IHil! I : I II 1'1'; Ii !~ I I Ii ~ I " . E ~n~ ~UU ~ co I . => I ~; I m 2 is ~ <I ~ 0 B~ ill ~~ iil ~ ~" m~"~ 'i! ~i; " ~ ~ ~" 1: d~! o~ , ~ 01 > 0 ~~ "8' n m " .!,,,:~ ~\l ... ~ j i~ I I~ ,,'" , .. . t~~~~ I ~ Ii'>.':.:".'.: ~"~"i e IIII I !I \i 1m . . ,.1. n .. ~i: i~n~ i 1111 ~R; gr; u~u ~ L__ ..A I mi:: l................ ~~ 'w lJHIICII~CI) jr 178: 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 2.580.08 FEET; THENCE RUN NORTH 00'37'52" WEST, FOR A DISTANCE OF 2,686.19 FEET TO A POINT ON THE TOWNSHIP LINE OF TOWNSHIP 46 SOUTH AND TOWNSHIP 47 SOUTH: THENCE RUN SOUTH 89001'33" WEST. ALONG SAID TOWNSHIP LINE, FOR A OISTANCE OF 351.68 FEET; THENCE RUN NORTH 27'58'58" WEST, FOR A DISTANCE OF 858.22 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE SEABOARD COASTLINE RAILROAD: THENCE RUN ALONG SAID SOUTHEASTERLY LINE FOR THE FOLLOWING 1WO(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 I.INE OF SECTION 27, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN NORTH 88'52'49" 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 2.65801 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 26; THENCE RUN NORTH 89'52'18" 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 00'33'18" 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 88'11 '48" 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 89057'51" 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 88'52'25" WEST, FOR A DISTANCE OF 686.43 FEET TO A POINT ON THE NORTH-SOUTH SECTION LINE OF SAID SECTION 35; THENCE RUN SOUTH 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 00012'19" 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 121] 71'J9 CCPe Immohlee: Regional Airport AOPUD Pagc::9 or I] L_____ 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 OISTANCE 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"18'17" 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. PUD document 12/17/09 cepe Immokalee R,=siooal Airport AOPUD Page 100f13 1781 , 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 fayade requirements only on sides that face a roadway accessible to the general public. 4. Deviation 4 seeks relief from LDe 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 relief from LDC Subsection 4.06.05.B which requires one canupy 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 12/17109 cepc ImmokaJee Regional Airport AOPUO Pag'" I! of 13 1781 I 178 Exhibit F for Immokalee Regional Airport Airport Operations Plan ned Unit Development List of Developer Commitments and Planning Considerations A. Planningrrransportation 1. No industrial development shall occur on the approximately 103 acres area presently designated outside the Immokalee Urban boundary until such time as the 1mmokaJee 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 pntential 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 (SDP, SDP A, 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 develooment shall be IJermitted on the EXIJans;on 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 vcgctation 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, waler 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 SDP 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 reloeated, and the final relocation site. PUD document 12fL 7109 cepe lmmokalee Regional Airport AOPUD Page 12. of iJ 3. Prior to approval of the nexl development order for any portion of Ihe 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 FWe lelemetry points for Florida black bear and wading bird rookeries; and c. Provide a gopher tortoise relocation management plan. 4. The Comer County Airport Authority shell reSume the orescribed burns within the upland management area in accordance with the approved biolo~ical opinion issued bv the U.S. Fish and Wildlife Service for lhe Florida scrub-Iav. 5. Celllier COUlltv shall insure comoliance wilD the scrub-iay management olan at the time ofllext development order approval. 6. No new structures. or exoansion of acuss roads in the Preserve Tract shall he permitted. ['UD document 12/11/09 cepc rmmnbJI!l" R~gionlll Airport AOPUD Page13of13 178 Acct. #068779 January 28, 2010 Attn: Legals Naples News Media Group 1100 lmmokalee Road Naples, FL 34110 Re: PUDZ-2007-AR-12294, Immokalee Regional Airport PUD Dear Legals: Please advertise the above referenced notice on Sunday, February 7, 2010, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500096189 178 178 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 23, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE INDUSTRIAL ZONING DISTRICT (I) 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 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. Petition: 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 proj ect to be known as the Immokalee Regional Airport Planned Unit Development. This proj ect 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 Section 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. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. l?B Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts eOHpty of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P. O. BOX 413044 NAPLES, FLORIDA 34101-3044 178 Clerk of Courts Accountant Auditor Custodian of County Funds January 28,2010 D, Wayne Arnold Q, Grady Minor 3800 Via Del Rey Bonita Springs, FL 34134 Re: Petition: PUDZ- 2007-AR-12294, Immokalee Regional Airport PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 23, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 7, 2010. You are invited to attend this public hearing, Sincerely, Enclosure Phonc (239) 252-2646 Website: www.colIierclerk.com Fax (239) 252-2755 Email: colIierclcrk({i).collierclerk.com Dwight E. Brock Clerk of Courts Countyofeollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST PO. BOX 413044 NAPLES, FLORIDA 34101-3044 178 Clerk of Courts Accountant Auditor Custodian of County Funds January 28,2010 Collier County Airport Authority 2005 Mainsail Dr., Ste I Naples, FL 34114 Re: Petition: PUDZ- 2007-AR-12294, Immokalee Regional Airport PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 23, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 7, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~~hL Deputy Clerk Enclosure Phone (239)252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Fmail: colliercIerk@colliercIerk.com l?B Teresa L. Polaski To: Subject: Attachments: Naples Daily News Legals PUDZ-2007-AR-12294, Immoklaee Regional Airport PUDZ-2007 -AR-12294.doc; PUDZ-2007-AR-12294.doc Legals, Please advertise the following on Sunday, February 7, 2010. Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (Teresa. Po las ki@collierelerk.eom) Teresa L. Polaski 178 From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Thursday, January 28, 2010 10: 12 AM Teresa L. Polaski RE: PUDZ-2007-AR-12294, Immokalee Regional Airport ok From: Teresa L. Polaski [mailto:Teresa.Polaski@colliercierk.com] Posted At: Thursday, January 28, 20109:24 AM Posted To: Legals - NDN Conversation: PUDZ-2007-AR-12294, Immokalee Regional Airport Subject: PUDZ-2007-AR-12294, Immokalee Regional Airport Legals, Please advertise the following on Sunday, February 7, 2010. Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodli.2k@collierclerk.corl} quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Teresa L. Polaski 178 From: Sent: To: Subject: Attachments: Pagan, Emely [EPagan@Naplesnews.com] Thursday, January 28, 2010 11 :56 AM Teresa L. Polaski Ad Confirmation UAS8B9.jpg ATTACHED Please review your notice & confirm via emial. Thank you for PUB. Date Publication Ad Number Total Ad Cost Emely Pagan 213-6061 placing your ad. FEB. 7, 2010 NDN 1837300 $300.66 NOTICE C, INTE""T Tn (oN51DER OReJlNANCE NOClH' is h~Ie-by giv~n lhilt on TUES DAY, febrcl<lry 2:3. 2010, in the BOJrd room, lId Floor, Adminimatlon [fulld lng, Co!lil'r(;::,untv c.<)yernm~m(<!'n ter, nOI Eill! Tami,lml Trall, Naples, i'lol'lda, the Board of COiJntyCOnll11is. ~IClleIS wlll considcr tI,e "n<\ctme-m of ~0~;~~~~~(~r~:n~:~~A~~'? ~~:t~~Yew~li rhl'P1opo%'d Ordlndnce;~ <.'IS follows: AN ORDlr1ANC[ AMENDING OWI- NANCE NI,;M6ER 200<1-11 1, A.S AMEND, ED, THE COLLIER. COUNTY :..AND Clf- VELOPMENT CODE WHICH INCLUDES rH~ COMf'HEIIEN5Ivt WNINt;i REGU- LA,IONS FOR THl L;N'NCORPOHATW AREA OF (OLUEH (OUNTY. fLORIDA. BY AM[NDING THE Ar>PHOPRIATE ZONING A.fLAS MAP OR 1\1APS BY G!ANGING ntE .wr~IM,; (lAS~lrICA- liON or THE HEREll'l [J~SCRIIlEO HEAL i'ROP[ltT"l tlWM THlINPUSTflIAi. lONING (lISTRIC (I) AND AGRICUl, rURAL WiiH A MOBILE 1-10ME ovm. lA.( lONING DISTiller (A-MI"10) TO rH",AIr.tPORT OF ERA liONS PLANNED. UNI, DEVElOPMENl ZONING DIS'mICf (AOI'UD) fOR A DROJECT TO fOE KNOWN AS !11l: IMMOKALEE IllG:ON. AL A:RPlJRT OPH!AIIONS PLANNED UMl DEVllOPME"\l. THIS PHOJ;;;(l !>ROP03ES TO r'\llOW DEVLOPMUtl or A MA1(IMU~:1 Of S_OrHl.llO') SQUA1H' I'EE Tor AVIA 1 'Or-J /\I\lO 1,JON,AvIAIIOIJD,V'-:I.Of>Mr,~n ON 1 "84+1- AG{;,~ Of LA"lIlLO(AH!) IH t>O'llIONS elf" SE("IIQf-<S :><'. 26. 27. 14. ]5, -~6 :OW~jSHIP 46 SOUTH RANGE )9 EAST. AND Si:Cl'ONS 7-AND J, TOWNSHII) 47 SOU"';"H RANGE 29 t;/,5T, eOLlIEH (OU~JTY. I-LORIDA; AND 8Y I'ROVID1N[, ..\l\llH-EOIVE DATE 178 P"<!.1HiO'" I'UDZ_200i_AR,122'l<l. Call1@r C"unly A-rrort AlJll1ar'IY and CDC L.J"d ITlvf!~t'l1ellt!;_ ICl[. r...pro;o:;e--I1I.w by I) WiJyne Al'lOkl, iI,ICP, 01 Q Gr...dy Mu'cr' illld A'SOC1~1.._~, 'o!'<1l"l~t~ are- J_O_'H~ hom rh@o l"d"~H"ll {I) a"d thl! Kur.J1 Agmultur~i w.th d M()blh~ I-Iorn'" OVE>rlay (f,.MHO) Zanlrg P!str:cr~ to It"" Alrporl Opelaf,ans illannlKl Ur"l Cl..""'ltlpm..1I1 lonmo) 1)'~HI(1 (AOPUD) f,,,. ,il OrClJi>-G to bl!,~il{)Wn a~ rlli" Im- Il1C'Kd:I"f! R"'9,on",: ""pon i"lilrml!d Unit iJev€'iopll1i!'ll1_ Ihl> P,oJo?<l p,e- r;'J,i'~ i" tlliuw dl'v..iulJrn"''It <)f a ll'ilxl, tYlUI" af S,l)OO,COO ~qllarll f.....1 of iiVl~. t,oroilnono'-"'ilVIOltIOr,d<!Vllloplllli'nIOn 1 484+)- iHr,,; d l,lIld IO';llted north of C'1l 846, In Set;\l{>11 ;:>~, 26, Ji, 34. ]~, 3fi,lown,illp4r.Sm.th, K<.'InD..19 East, ....,(j 5ea",n\ 2 ilnd 1, Tcwmhlp 47 Snulh, Ilang.. 20 E.J,r. C<:.,IIII" County, F:orldil ~~~:i; :'::I~~h~r~l:rk~' ~)~~'~:;d :~d Mli'itv,)ilatllli'forinsp'&'ion. AlJint.er> f!\IBC pilrtip~ are- i"vlt..(j to Jnl"nd and LJi< ~ward. NOH' All p!'r~o"( wi~ll;nlJ 10 "p""k on .lny ..g"'nd~ item mUll re<)i~ter with tl1.. (o,,,ilY ,)dmini~lfillOf p,nor 10 pie ,,,,nlill'on ollht' illJllllda Itl!rTl I.a bl" ,Hldr!',if!d, lndivid"<ll ~.pIlak..rs will be li'Jlitedtr)5mintltf!~()nMy't'l", lhe ili'lll'nioll of ao individual to speilk.Nl t:ehaltoTilllmganiz<Hion o'grolJp h <i!nUJIHil\)ed IT rltcogni.z..,d by th~ Cj-,'Ji'~'~", ~ ~pokE!~pl!"v", for a group or 'lrganll~llon mily h~ allGlled II) In'n',J\"",wsp..a~ OJ1;,nlletn_ f'.H~OIH WI$hir\iJ 10 have wfilt.m Of gr<lphltrfl.Jlt'r'<lI,inrilldt'di"1h... IlU<Hd <l(ji'ndil p<lrk",t\ rflUH S\lblllll ,,,,d m~hfial a mmimLm of 3W"olKs. IJ'i0r to the r!!spi'CliVf! publi-cl'1earing. n J.rw(a,~.., wrllten mato1!rl"I,intended 10 b!-'(on\-(jo!lof'd by th~ flnard ,hdtl hI> ,;ubrJ'ltted to lhl" apprcpliati> (OlJnty ';laft.J rlll;-,imu,-rl ot';<i!v!'ndilY~ pliN W Ih!>i-'lJbil<' Il!!illirlq Allmdl",ridm.,d In pr..wntilT.k~n~ b~fo(f! the Board will IlfKom.. ~ p"r'll1.w...nt pilrt of the rfl- (ord. Ar,y p..."on whod*cid..~, to app~<ll il d,.d~ivn of t.hi! I:lQ..rd will reed ~ ro;,. <.urd of the proceed I n9~ pertainrng (h"(1-'70 and l,herelOil;', mil:,' tlo!lecl ID en'.ure [11..1 i'J verbali.m r"CDid o-flllf' Pfo<':!'l-'difl9~ i~ =1l<ldl!'. which 1<!:((Ud iJ1- (Iude~ the u..\tim,)ny and r.vlde'l(,o< upon which the ~pj.Jeall5 t:<l~'ed. It 'Iou JfE' ~ pf',~or~ with.J dl~i'JbiliTy who n"c-d, .-.ny ",(commodation in or der TO p,lrtirip<ne- in thi, prcc~l-'din9. yOll J,,-,,,,ntil!ed, ill no(asl10YOU, tc.l In", llPJVI,i:on of n~n,illtl <l>>lsti'JrlCp.. f'leiJs<i: ~0l11ilct (he (olli"r (Qunty Fd dUies M"'n'19'-'ment DepiHtm"nt, 10 c<lIed at 3301 Tdmlarnl Trilil Ed>!, Buil(linq 1/'./, Napl....~, Florid<l34112, ~~/~~}f~i~~~Ohe~~r~ii~~(i~i~~j~~J ~re~ ,waliilbl(~ 'n the- COlHH1 Lommi~,i<ln erl' OHiee ~OAKD m COliN!"'! COMMISSIONERS (DLUElt COUNTY, FLORIDA FRED COYLE, c'i"PoWI/1AN DWIGHT E, BROCK, CLERK By, i..r('s,~ POlil~ki, -)epuw Clerk (St=,\l.l Fr,b'lJlI"'], )010 f\lf.11!l3l300 /' ?": ,~'''.. o1>~.,p' d ~<o'O\}~# -~ ~:\o:\'~~e;w~ "'~~*~~~~, \ "'~~...:"(P>."~,,,, ~ -,~ c "0 "'~~. ~\""O':".,I>; ""i'l' ,~.....~..... "',,, ~ ~ Q,....'~,~ <~% . ,.' Q\~, ~.~~ ~'~ -::..\\ &: ~":,,:t"(' fc..'f'. l"\,~'~~ '''',<<V>'' ....O'~o<~" ~~~.,..--. '~...... "(,~'cO?6",~", '<J!I";'o1' ...: ~\,,, , . ~ "..<t o'-t\i~~hoo"'''''''d';(<'~tt'''~'' ~~"'~t\t~~,,~~~~~,'..~ ,Q.,JJ co"""tQ\1~ ~o""Q' \~_.': . ~ ~~<t.''''''~'.;'~'''''''''''~''~''....~' "'.:......; · "',,'::.\> I$\,~ vo 0"0 ift;. ~."~''''<!Z.6~it\~ "~''''~ \2"o'''''~~Q\~;.O\''<:''' ~~~''''o'! """,~",,:.;{> 0 '" ..~'-';{, "s>'....icP. 'i~~"1.?""'''~%o'~~''~'' o~ ~-<... ~~~'~~~ 0< .~l.~'" _ ". .~, . ~< "',..,~.. .. \"'ii~.\i<!';""",~.. ',,,0 . ~ ~. 't"o "..W'~....o~~ ~ ~~~",<!!i\. >~~..Ji:" '%." ..,t. ~'''''icG\'' ~-t~~ "'JlI'~,2<IJ.""":. " "'~ oil"" &""..0 '<P.t,,,,,,~~ coO';. 'I>'\~\,:~~ ,'~~..~~~ ". ~''''co';',o "'~~e<to"~~'~ ~,o ^. ~.. ",-,.d''''~'<1' ~' .,,'~... '~Q ..,Q <- '" "~~''''''''Q' .""", ..;'O.....""J..\..",.. ""Q' ~~\"'.. Q ~".J"'~4"''''",'''J"'~:~o.<to;, ~""..;.~"" ""''''. ~~vtJ#.;~,~ ~~..:.d \(O~\Co~~"~~\~'fS!'::~ f/:~O\ '&0\ ~ ~\ """" '" \!" ~to''O'! ~~.... ~:""". ",:.,,\ <I,;;';... '~~ ""A' .....,..,...., ~~':'~~..~.'.,..~... -0' -t',,,,,,,,. ~:>'.;: "'~ij:I'~ ~"4-~~ '''' ~., o""''''o<;>~ \#\.. ...~~ < " "'~"... '~'~X.,dlf..."".. ~'.~, ~~,~ "t?vt" ~Z?:.$':"" ''''~~~ .,"""-~,, .... ....;,0... r~.. ..........~ ~.. ",""~.. '''eot~ ""'""",~", "'~'<t''''''';:''''''' "'"'-:."''"''.... ~"'".o'..j...~P"". ~..!> .... </' ";\<-2"..-:.. ' 41":",.".. ~ ~ "'''^:o<<''" ".\",,',"" ~ '\r!~~ ~ '.. ~,...~ ~"'" --r" .... ,.0' ..~<<'''' '0:'-:,;.6'" 2"""p" " ~~'t~",~ ,o"'?~... A~A ~~~~~.:;""~.o ,..1"....~.,,~ '06'~'.; '<!J~\"(f-' ~_~\Co \~'I.e; ~:{">'I:'\ 'C>"b<~'" "",''''"'''' .....~i,.".... ~"'''' ~ cf. ~. 'fl'~-.# ~~#l-.~e &'~ (fo.' ..tI"~\\ <<,' ~ ~-~"'''''~.~'\''o~~ .~,~~t""~~~\1'l.~~~-t".. . ~~ \Pc#'~-<(!:oeo' l"Ie'l.'t. ~(&" "i"'.o' <1''$ '~~"..I'::, .' '~,"~o '" ~",<<""""",, """".0",_ '~'1' . .,\~,,~ 11';/1'",,\, ......0' 0 ,<, ~. ~~. ""-.,e<~.o''''''''#0e<1..''''' ~ 't(fs' ....~ ......-~e, (~( V' '~'O ~,.,,~~ ~<<' <i<'..~ ...,.,~ y ".. ?,;.... .. ,o"'to >"'.."""", "...,. ''''<<::;,.' ""',".#.~;,!'~. \~l>';' =. ,..~", ...~~~ ,~ ~"""#ol'~' ",' #'<F' "'~ '" <<o! \~... ~~'" ..15- </'0"'0", '" ift' ""\~. 'Vr).~"l'C' 1>(e~1>~~ ff- ~\~~?'.~ o:~e ~- .~ ~.J:I>~o'" tfl':-. \@-~\~e.O: t.l,# \\ 'f' ('F' """~~_ ~e(\" <f'\1>~\O~~\( ~\.... ~ "'".",w:",.&.' '~.~ '''c<F' ~ <t ~"~",\".~"~,, :P",oI> ~.. .,~. ""CY ~.., "":.o.,~. """,' ~o' ~ii'\""'cf.\~ ....J.c~ .~"'" "'~ ..-"- '.''''",~.... Co~.~ 0>' ~~ <J.Qo~~ .c.t:a..~ o~v.ft.'f.,. ~~:;. ~(p~ c.P. ft.',- '':~~~ o "~" ~&V:; , 178 rUb,2-~roi-I-~~ NAPLES/BONITA DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor of the Naples Daily, a daily newspaper puhlished at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on February 7, 2010 time in the issue Affiant further says that the said Naples Daily News is a newspaper published at Naples. in said Collier County, Florida. and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples. in said Collier County, FIOlida, fOf a period of 1 year next preceding the first publication of the attached copy of advenisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advenisement for pm the sa;d newspaper. , '~, ( Signature of affiant) Sworn to and subscribed before me This 10th day ofFebruary, 2010 \ fl, (Signature of notary publi NQTfCEOF INTENT TO (ONSfOeft'ORDIHANCE NQtlce 1$. ht:riebv g/Yen_ tNt, qn TUES- DAY, Ft1iru~ .ta, 2010, In the- Board. ~WFfOor, -Admlrilsttatfoin Iuikf. lng, Comer CouIrty GO\IIInmlaYt ten- !'''.' 3301.. EI# Taml""i Trail, Naples.. dorkla, the ~'t3fCounty ~ sl~ Will ConSidllir.tM'enactment of a,Couhty Clrd"-nce, The meeting will commence at-9:00 A.M, The title of the propOAtd Ordinance Is as follows; AN ORDlt,lANCE AMfiNDf.NG OADI- MANa NliMIiER ~1. AS AMfNO. EllI,'!!!!. COl/,iE. 'COU_ lAND DE, vtt.Ur'IlIftINT CQDE WHICH INClUDtS TH:E . COMF'MHENSMlotffNGR.EGU_ lATIONS' _ '.THE lINJNtORPORATED MEA.OF COWER.~ Fl..OII;JPA. Z8!.., AMtHDlNG tHE APPaOfmto.TE vnlNG:_'A'RAS M,A,P'OftlliUtS ,BV ot~. THE ZONING CLA$SIFICA_ TIGNor THE HEREtN.1)-E5QtI8ED ItEAt ~ERrY . FROM .' THE .It(bUSTRIAL &.OjlINlNG 'DIS"tNC!'~!'"D' 'AGRlCUL- ~~'ADimi2f re:fto~ Ton: AIRPORT OPERA~. PLANNED ONIT DfVfl.QPMENt"ZONING DISTRICT (AOPlJD) "'" A PIlDIEcr TO " KNOWN AS THE IMMOKAlEER!GION_ AL AIRPORT . OPeRATIONS PLANNED 'i!~~.J.fa NOI\I~AYI"TION. DrvnOf"M!ffT-.--oN- I J..J~.Ji1_~ 35, JII. 'TOWNSHIP 46 souilt AA'Nml 29 WT, AND SECTlONS,2 A~ 3. ~~~~u.~~.5fJ'u'l:tvf~,rg~lD~ =E~ BY PR~;MEFfECTlVE Petition: PUOZ.fDo7-A!t"'22M.CoIller CQo!ntv A...,.,. _.""',^". COC LInd 10_ 10<. _ by "'MI Yfayrl!..~:.-<Qf Q, GradY nora'.... ....~.I!l.,.. zone from h'~af':ro.nd the Rur..1 AgrICuttiJra1 ~'''~1Ii Home DwrlIv (A,....,) '""log """'''' to the Alrport OMratlor1$Pfanned. l,Inft' Dewlopment .toAlngDlmitt (AOPUD) flJl' a project to- be 'kROWri H the 1m. mokalee R,.IOIIf >\it@a:t Pftnned Unit Developmrlft! l'MI> Project pro- poses to aJ.~I.C!W.. d,lweloR!'nem Of a' mald~ Inl.lm of5.qQllQ:~ .tHt of" aVIa-. tlQnend.no~""4ily8J~' ..... on 1M4+J.. -Weill'- Of' liftd I "northof CR J4i. h15ectlan 25,.' ,27, ~ 15, 31$, TownshiP,". SOuthi. Ringe 29 e-.. and Sktloris 2 and 3. 1~ 47 ~l:-t~. Range. 29 East,. CoRler COUnty, Copies' of the proposed . Ordinance are on 11le wtth th 0Itt tQtht 8oai'd and areavaUabJe. forJftIPIdiOrt. All Inter- ested JM!rtleS are itMted...Mtend and behUrcJ.' .. . --", NOTt: AU pmom wishing. to speak on any agenda ttem mystr~ with the COunty adrninistratQr pnor to pre- sentation of tht.~.ltem'to,-be addressed, Indlvlduat speakers. will be IImiWd to 5 mlrnnts on any Item. The sel~ of .." indlvidual. to speak on ~lfof art ol1iirlliatlOn o. r llrouP is ~, .1f..~Dy.the CIlaIlJna..._."".g..... 01' organizatiOn may b\l: IiIIotteG '10 minutes totpHk on In item, 178 PeI'lON wisNng to. Mve 'written -Or X=" ~"",~9'!:t.i'~~: ~~~~:~ra!~;um~:F=t; to be conskWed by the- Board ,shall be submitted to .1tte appropr!lrte Count)' staff a mlnimUltl of ~n.dIlYJPriqr to the' publk heartng, , "All inattrflf used In pteHlntItlons 6efONl,.thi:'BOW1:l will become 8 ~: pert of the re- ","" ~~W~~ton;!~; .tt1et'ttP ~,tt:l!t~nn.y need. to .nsUre that-a ~rn- recO;d Of the _''''' ~. ........ whi<h ..-d In- cludes ttit...mbnY end ~e upon whkh:theappeafls based. IfY9li' eN',_ person wIth~.dl$lblllty .'neecb'.~ ~mcl*titn In ClI~ ~~o1!V::~:~ Plelse contact the. Q>lUer ~ty Fa- dUties Management OepIrtinent. lo- cated at 3301 Tamiaml Trail East,. BUildIng W, Na$s, florlda 34112, (239)252.....,. Am"'" """"'" de- vfces for the hearing impaired are "'al~ . In the County Commlulon- .rs,'~ BOARD QF COUNTY COMMISSIONERS COlJJER COU!fTY. FLORIDA FRED COYLE, CHAIRMAN O\MGKT E.QOCK, CLERK &>'EAtrela~eskt..Deputy Clerk J;..hnJAnl7..1D10 NnlR1l71lnll 178 '! ~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oft1ce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. dates, andlor information needed. If the document is already complete with the exceotion of the Chairman's sil!l1ature, draw a line through routim' lines # I throuph #4, comnlcte the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing: order) 1. Judy Puig CDES Administration ~ .;l)?3/IO 2. 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County k 'llzt/lo Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the evel1t one oflhe addressees above, including Sue Pilson, need 10 contact stafT for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item) Name of Primary Staff Kay Deselem Phone Number 252-2931 Contact Agenda Date Item was February 23, 2010 Agenda Item Number 17.B. Approved bv the BCC Type of Document Ordinance ~ <iJ lO-OQ- Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialcd for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne oliated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), tile original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on February 23, 2010 and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) KD N/A (Not A licable) 2. 3. 4. 5. 6. #JIlt kD KD KD KD I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 126.05, Revised 2.24.05 /' 178 MEMORANDUM Date March 10,2010 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2010-06: Magnolia Pond MPUD Validated Ordinance 2010-07: Immokalee Regional AOPUD Attached for your records are copies of the ordinances referenced above (Items #17 A & #17B), adopted by the Board of County Commissioners on Tuesday, February 23, 2010. The Minutes and Records Department has retained the originals for the Board's official record. If you should have any questions, please contact me at 252-8406. Thank you. Attachments (2) 178 ORDINANCE NO. IO-~ 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 THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE INDUSTRIAL ZONING DISTRICT (I) 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 DEVELOPMENT OF A MAXIMUM OF 5,000,000 SQUARE FEET OF A VIA TION AND NON-AVIATION DEVELOPMENT ON 1,484c1c 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 (I) 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. 111911 0 178 development on 1484", 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 2310 day Of~, 2010. ....... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~~ W. C~ FRED W. COYLE, Chai ATTEST: DWIGHT E. W0c,K, CLERK ;" '.. ~, " VM I\..,~. .... '., ~-d '. LiLl,AL' '" .... a c a..._~~ '..J2 u;Gl . ".....M;.~._ ... .t........f' I.. . , . Approved as t6fdrrtr and legal sufficiency: I I A L A e~lv x\\~}\V ~i :f'sllton-Cicko \ Section Chief, Land Use/Transportation 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 CP\07-CPS.00737\56 PUDZ-2007-AR-12294 Rev. 1/19/10 2 178 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 118 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, 9711, 9721) 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 5.05.10.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; PU D document 12/] 7/09 cepe lmmokalce Regional Airport AOPUD Page 1 of 13 178 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.lO.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, I. 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). 11. Industrial Development Tract: The Industrial Development Tract of the Immokalee Regional Airport AOPUD is approximately 692.0 I ct 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),3011-3089,31 I 1-3199, 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) I. 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, 9511-9532, 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 LOC. PUD document ]2/17/09 cepe Immokalec Regional Airport AOPUD Page 2 of 13 17 B 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.!. - 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. Ill. Expansion Tract The Expansion Tract of the Immokalee Regional Airport AOPUD is approximately 103.0* 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. Single-family dwelling; PUD document 12/17109 cepe Immokalee Regional Airport AOPUD Page 3 ofl) 178 ,cj '1:.'" 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, YR, MH, TTRYC and PUD or are residentially used. 11. 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.l.b. 4. i. above. Ill. 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 cepe Immokalee Regional Airport AOPUD Page 4 of]3 17 B 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. 11. The affected area is within a surface water management system for agricultural use as permitted by the South Florida Water Management District (SFWMD). iii. 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. 1. 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 2.03.01 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 fidc 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 permit(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 documt:nt ]2/17109 cepe Immokalee Regional Airport AOPUD Page 5 of 13 178 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 lmmokalee Regional Airport AOPUD is approximately J 37.030, 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: I. 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 12/17/09 cepe Immokalcc Regional Airport AOPUD Page 6 01'13 178 Exhibit B for Immokalee Regional Airport Airport Operations Planned Unit Development Table I - Development Standards ~~~IPAL.s-itl!~~~RES Y>>Y:',X:'\".. . ";'ifJyi/{?'\J Minimum Setback AOPUD Boundar Tract Boundar Preserve Tract Ri 'ht-of-wa Maximum Zoned Hei ht" Maximum Actual Hei ht" Separation of Structures (minimum Airport Operations Tract Industrial Developriltht{ Tract . " ~;'.~, 25 feet 10 feet 25 feet 10 feet 50 feet 55 feet 15 feet 25 feet 10 feet 25 feet I 0 feet 50 feet 55 feet IS feet 25 feet 10 feet 25 feet 10 feet 50 feet 55 feet 15 feet ACCESSORYS~"',C:rORES Minimum Setback AOPUD Boundar Tract Boundar Preserve Tract Ri ht-of-wa Maximum Zoned Hei ht" Maximum Actual Hei ht" Separation of Structures mInimum 10 feet o feet 10 feet 10 feet 45 feet"" 50 feet"" o feet 10 feet o feet 10 fcet 10 feet 45 feet"" 50 feet"" o feet 10 feet o feet 10 feet 10 feet 45 feet"" 50 feet"" o feet * All building heights shall be 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. ** *** puo document 12/l7/09 cepe lmmokalee Regional Airport AOPUD Page 7 of]3 , Ii ~~ L'~ _,V,""'-'4', r ~~I i ,.I !' M I' hI! ! , , :i ! I, ifv I " I I " I 11 I iI I I II lp I ,I I I ! I Ii! " , r L\ , :~~ \: ~ :1 <:J j: ,) " 17 B (J)(I)(I)IIl[lj 83 ~~~~5 5 ~~~~< i ~~~~~ ~ ;;;~8(1jN "'...........- II 1111" 1111 13 i< ,..g ~ 00 o < W ~~ ~ 5 I-~ ~ 0( Ie:> ~!5 ~ *~~ g....ltll-~ fal-~ <~4:Ufl) (')~5 O::wa:::$o:: 001=0 WOI-1=w ~Z<W ~ w !5~6wi= -Ftu~ t: 1-1l::ii.ilf:O i5!:2C)Q ~ ~ ~~~m~ ~~~g: ~ ~ ~~rii!t5 I i! II-! hi! II I II I _,y......4' -~- II! -I Ii II " !< . - z o N ~~ m ~~ ~ .- 0 Ob z ~g: I!;' 5 Cl>- Ii: ~ z~ ~ b tiz ~ g 101 d f; ilIH !Ilt iill"'l!H II }. ~!l rill!. 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IIi!! ., Uj t i i I ! ~ ," I .. ! ttiH ~ Ill!' wi UU~ ! . j ___ _, i ! @If: I Ii ~ o <:J 178 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 01049'03" 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 88058'33" WEST, ALONG SAID NORTH RIGHT-OF-WAY, FOR A DISTANCE OF 2,580.08 FEET; THENCE RUN NORTH 00037'52" WEST, FOR A DISTANCE OF 2,686.19 FEET TO A POINT ON THE TOWNSHIP LINE OF TOWNSHIP 46 SOUTH AND TOWNSHIP 47 SOUTH; THENCE RUN SOUTH 89001'33" WEST, ALONG SAID TOWNSHIP LINE, FOR A DISTANCE OF 351.68 FEET; THENCE RUN NORTH 2r58'56" 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 15006'23" EAST, FOR A DISTANCE OF 207.92 FEET; 2) NORTH 15028'01" 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 88052'49" 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 89035'07" 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 89035'19" 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 89052'18" 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 00037'21" 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 00033'18" 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 88011'48" EAST FOR A DISTANCE OF 2,544.75 FEET; THENCE RUN SOUTH 01048'12" 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 00033'18" EAST FOR A DISTANCE OF 528.62 FEET TO A POINT ON THE EAST-WEST SECTION LINE OF SAID SECTION 36; THENCE RUN NORTH 89057'51" 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 00018'39" WEST, FOR A DISTANCE OF 665.62 FEET; THENCE RUN SOUTH 88052'25" WEST, FOR A DISTANCE OF 686.43 FEET TO A POINT ON THE NORTH-SOUTH SECTION LINE OF SAID SECTION 35; THENCE RUN SOUTH 00003'26" EAST, ALONG SAID NORTH-SOUTH LINE, FOR A DISTANCE OF 1,334.66 FEET; THENCE RUN SOUTH 88037'37" 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 00012'19" 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 [2/]7/09 cepe Immokalee Regional Airport Aopun Page 9 ofl3 _.'.''._,_,'____ ."<__.~_""~_,._.,__._.._._.___...._.___"..,.,.~.,__,_._-.-.-.""_...,,_^~'""._.._.,...~.,_^____~"~_,.__". _','_ .. ...,".~".._;~".;~..___._,,~_,_...__~_.d_. 178 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. PUD document 12/17/09 cepe Immokalcc RcgiollUl Airport AOPUD Page 10 of 13 178 . Exhibit E for Immokalee Regional Airport Airport Operations Planned Unit Development Deviations from the Land Development Code 1. 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. 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 relief from LDC Subsection 4.06.05.8 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 cepe Irnmokalee Regional Airport AOPUD Page I] of 13 178 Exhibit F for Immokalee Regional Airport Airport Operations Planned Unit Development List of Developer Commitments and Planning Considerations A. Planning/Transportation 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 incrcased 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 I. 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 documen112/17/09 cepe lmmokalee Regional Airport AOPUD Page 12 of 13 178 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 burns 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 12/17/09 cepe ImmokaJee Regional Airport AOrUn Page 1301'13 178 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010-07 Which was adopted by the Board of County Commissioners on the 23rd day of February, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of February, 2010. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Boartl of County Commissione~s , " Clcu.t (Ja~a.,c, By: Ann Jennejohn, Deputy Clerk