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Agenda 09/10/2024 Item #17D (Requires the Commission members provide ex-parte disclousure - Approve a rezoning ordinance for the Immokalee One-Stop MPUD)17.D 09/10/2024 EXECUTIVE SUMMARY This item requires the Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning ordinance for the Immokalee One -Stop MPUD to allow construction of a maximum of 40,000 s.f. of gross floor area of limited commercial land uses and up to 61 multi -family residential dwelling units on 3.84E acres of property located at 750 S. 5th Street, Immokalee, on the east side of the intersection of Stokes Ave and S. 5th Street, in Section 9, Township 47 South, Range 29 East; and by providing an effective date. [PL202300172411 OBJECTIVE: To have the Board of County Commissioners ("Board") review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above -referenced petition, render a decision regarding this rezoning petition and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property is located at 750 S. 5th Street, Immokalee, on the east side of the intersection of Stokes Ave and S. 5th Street, in Section 9, Township 47 South, Range 29 East. This petition seeks to allow construction of a maximum of 40,000 s.f. of gross floor area of limited commercial land uses and up to 61 multi -family residential dwelling units. The subject property is comprised of one parcel and is owned by Southwest Florida Workforce Development Board, Inc. FISCAL IMPACT: The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Comprehensive Planning staff has reviewed the proposed PUDZ and has found it consistent with the Immokalee Master Plan, an element of the Future Land Use Element (FLUE) of the Growth Management Plan. See Attachment B, FLUE Consistency Review. Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current A UIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five-year AUIR planning period unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occurs: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links, the project traffic is considered to be significant up to the point where it is equal to or Packet Pg. 2104 09/10/2024 exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project' significant impacts on all roadways. " According to the Transportation Impact Statement (TIS) dated January 10, 2024, provided with this petition, the proposed Immokalee One -Stop PUDZ will generate a projected total of +/- 112 additional new PM peak hour two- way weekday trips on the following roadway segment with the listed weekday capacities according to the 2022 and 2023 AUIR: Roadway/ID Link Current Peak PM 2022 2022 AUIR 2023 2023 Hour Peak Peak AUIR Remaining AUIR AUIR Direction Service Project LOS Capacity LOS Remaining Volume/Peak trips Capacity Direction Immokalee Oil Well 900/East 19/North D III D 71 Road/46.0 Rd to SR- 29 Note: The SR-29 Immokalee bypass Florida Forward project is projected to have a positive impact on the network and the LOS of this roadway link. Based on the 2022 and 2023 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for this development within the 5-year planning period. Additionally, the proposed development represents a de minimus impact on the adjacent road network. Therefore, the subject Rezone can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site has been cleared; no preservation is required. The project site is 3.84 acres. GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as this proposed rezoning. 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. This petition is consistent with the GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition PUDZ-PL20230017241, Immokalee One Stop MPUD, on July 18, 2024, and voted 5-0 to forward this petition to the Board with a recommendation of approval with required changes to the PUD as explained below. The CCPC approval was unanimous. There was no opposition to this petition. As such, this petition will be placed on the Summary Agenda. The required changes and additions to be added to the PUD by the CCPC include: Exhibit A - List of Permitted Uses: • Permitted Uses section - Amending paragraph to add flexibility of a mixed -use project rather than either/or subject to the traffic peak period trip count. • Principal Uses - Commercial section a. Use 1 - Adding except shooting galleries, shooting ranges, astrologers, betting information services, billiard and bingo parlors, bookies, bookmakers, cave operations, circus companies, fireworks display services, fortune tellers, gambling establishments, gambling machines, off-track betting, pack Packet Pg. 2105 17.D 09/10/2024 trains for amusement, ping pong parlors, pool parlors, skeet shooting, slot car racetracks. b. Use 4 - Adding except deposit brokers. c. Use 12 - Adding except dance halls. d. Use 17 - Adding except blood donor stations, sperm banks, medical photography, and organ banks. e. Removal of the uses - Use# 22 (Loan brokers - SIC 6163), Use #39 (Telephone communications - SIC 4812 and 4813), including communication towers up to a specified height and subject to LDC Section 5.05.09 The changes were accepted by staff, and these revisions were added to the Ordinance. LEGAL CONSIDERATIONS: This is a rezone to the Mixed Use Planned Unit Development (MPUD) zoning district for a project to be known as the Immokalee One -Stop MPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners, 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 MPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. 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, 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? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed MPUD 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 PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, policies, future land use map, and elements of the Growth Management Plan? 10. Will the proposed MPUD Rezone be appropriate considering the existing land use pattern? Packet Pg. 2106 17.D 09/10/2024 11. Would the requested MPUD 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. 13. 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. 21. 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 that would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed MPUD 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 MPUD rezone request that the Board of County Commissioners deem important in protecting public health, safety, and welfare? The Board 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 Board as these items relate to these criteria. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. This item has been approved as to form and legality and requires an affirmative vote of four for Board approval. -DDP Packet Pg. 2107 09/10/2024 RECOMMENDATION: To approve the applicant's request to rezone to the MPUD zoning district. Prepared by: Timothy Finn, AICP, Planner III, Zoning Division ATTACHMENT(S) 1. Staff Report - Immokalee One Stop MPUD (PDF) 2. Attachment A - Revised Ordinance 7-31-24 (PDF) 3. Attachment B - FLUE Consistency Memo (PDF) 4. [Linked] Attachment C - Backup Materials (PDF) 5. Attachment D - Hearing Advertising Sign (PDF) 6. legal ads - agenda ID 29571 - Immokalee One -Stop MPUD (PDF) Packet Pg. 2108 17.D 09/10/2024 COLLIER COUNTY Board of County Commissioners Item Number: 17.1) Doe ID: 29571 Item Summary: This item requires the Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning ordinance for the Immokalee One -Stop MPUD to allow construction of a maximum of 40,000 s.f. of gross floor area of limited commercial land uses and up to 61 multi -family residential dwelling units on 3.84± acres of property located at 750 S. 5th Street, Immokalee, on the east side of the intersection of Stokes Ave and S. 5th Street, in Section 9, Township 47 South, Range 29 East; and by providing an effective date. [PL20230017241] Meeting Date: 09/10/2024 Prepared by: Title: — Zoning Name: Tim Finn 08/06/2024 8:47 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bost 08/06/2024 8:47 AM Approved By: Review: Zoning Ray Bellows Additional Reviewer Development Review Cormac Giblin Other Reviewer Zoning Mike Bosi Division Director Growth Management Community Development Department Diane Lynch Unknown Jaime Cook Other Reviewer Growth Management Community Development Department James C French County Attorney's Office County Attorney's Office Office of Management and Budget Office of Management and Budget County Manager's Office Board of County Commissioners Derek D. Perry Level 2 Attorney Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Other Reviewer Debra Windsor Other Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 08/06/2024 10:43 AM Completed 08/06/2024 1:12 PM Completed 08/07/2024 7:37 AM GMD Approver Completed 08/19/2024 6:02 PM Completed 08/26/2024 10:12 AM Growth Management Completed 08/27/2024 9:24 AM Completed 09/04/2024 10:02 AM Completed 09/04/2024 10:04 AM Completed 09/04/2024 10:09 AM Completed 09/04/2024 10:30 AM Completed 09/04/2024 10:32 AM 09/10/2024 9:00 AM Packet Pg. 2109 17.D.a Collier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JULY 18, 2024 SUBJECT: PUDZ-PL20230017241; IMMOKALEE ONE -STOP MPUD v N PROPERTY OWNER/AGENTS: c 0 M Owner: CA 0 N Southwest Florida Workforce Development Board, Inc. a 6800 Shoppes at Plantation Drive, Suite 170 r Fort Myers, FL 33912 N Agents: ❑ Jessica Harrelson, AICP Richard D. Yovanovich, Esq a. Peninsula Engineering Coleman, Yovanovich & Koester, P.A. a 2600 Golden Gate Parkway 4001 Tamiami Trail N, Suite 300 ° Naples, FL 34105 Naples, FL 34103 T REQUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone the property from Estates (E) zoning district within the Airport Overlay (APO) and Wellfield Risk Management Special Treatment Overlay Zones W-2 and W-3 (Zones ST/W-2 and ST/W-3) to a Mixed Use Planned Unit Development (MPUD) within the Airport Overlay (APO) and Wellfield Risk Management Special Treatment Overlay Zones W-2 and W-3 (Zones ST/W-2 and ST/W-3) to be known as Immokalee One -Stop MPUD, to allow construction of either a maximum of 40,000 s.f. of gross floor area of limited commercial land uses or up to 61 multi- family residential dwelling units, on 3.84+/- acres of property. The subject property is comprised of one parcel and is owned by Southwest Florida Workforce Development Board, Inc. GEOGRAPHIC LOCATION: The subject property is located at 750 S. 5th Street, Immokalee, on the east side of the intersection of Stokes Ave and S. 5th Street, in Section 9, Township 47 South, Range 29 East, Collier County, Florida (see location map on page 2). PUDZ-PL20230017241 Immokalee One -Stop MPUD Page 1 of 16 Revised: June 19, 2024 Packet Pg. 2110 dolg auo ealelowwl - VPM00£Z0ZId : U96Z) c3ndW do;g auo ealelowwl - }aodaa jjejS :;uewyaej;br o � r LL H w ®®w. o LL WWI o r v� R H a J7 d .LS PUZ Q 4 4 WWW .i.S PJ £ 5 U � UA7 9Jal00 � Is' FIB S r'C S419S -� ?I(I al Cl �l _/nlr 4#9 S �Qy cC ISWL S R h ST c IS WN 5 i� jl►6 S PUDZ-PL20230017241 Immokalee One -Stop MPUD Revised: June 19, 2024 CL co a N TT CA a 0 co 0 J n z 0 0- a U 0 J Page 2 of 16 17.D.a PURPOSE AND DESCRIPTION OF PROJECT: The subject property is 3.84+/- acres along S. 5th Street in Immokalee and is comprised of one parcel. The current zoning designation is Estates (E) within an Airport Overlay (APO) and Wellfield Risk Management Special Treatment Overlay Zones W-2 and W-3 (Zones ST/W-2 and ST/W-3). The purpose of the Estates (E) district is to provide for low -density residential development in a semi -rural to rural environment with limited agricultural activities. In addition to low -density residential development with limited agricultural activities, the E district accommodates conditional uses development that provides services for and is compatible with the low -density residential, semi -rural, and rural character of the E district. The petitioners intended limited commercial uses or multi -family residential dwelling units are not permitted in the E district. To accommodate the proposed limited commercial uses or multi -family residential, a rezoning is requested from Estates (E) district to Immokalee One -Stop Mixed -Use Planned Unit Development (MPUD) zoning district. The MPUD is proposed to permit limited commercial uses from the C-1 through C-4 zoning districts and Conditional Uses of the C-4 district as listed in Exhibit A of the Draft Ordinance attached to this staff report (Attachment A). For the proposed commercial uses, the maximum zoned building height is 35-feet (consistent with the C-4 zoning district), with a proposed maximum actual height of 42-feet. For the proposed residential uses, the maximum zoned building height is 40-feet, with a proposed maximum actual height of 47-feet. The site is currently developed with a 30,000 s.f. multi -tenant office building, permitted in 2001, o with essential services in the Estates (E) district, also known as the Immokalee One -Stop Building. The existing tenants include the Immokalee Community Redevelopment Agency, Avow Hospice, a the Department of Business and Professional Regulation, and the Children's Network of Southwest T.- Florida. The proposed PUD Master Plan depicts the development area for either 40,000 s.f. of N limited commercial uses or up to sixteen (16) residential dwelling units per acre, for a total of 61 0 residential units. The existing entrance into the Immokalee One -Stop Building will function as the a only connection point for ingress/egress into the proposed PUD. A connection between the Bethune Education Center to the north and the subject property is not proposed. The proposed PUD Master o Plan also shows a 15' Type B landscape buffer at the northern boundary of the PUD and a 10' Type N D landscape buffer at the western boundary. Preserves are situated along the eastern and southern o boundaries. No deviations are proposed for this PUD. a) PUDZ-PL20230017241 Immokalee One -Stop MPUD Page 3 of 16 Revised: June 19, 2024 Packet Pg. 2112 17.D.a >7LYhla NIi�CE6 RE&fEFlR41M1T�H uFT]eYxuOF uw ce �PENIAISUG.4'%"P IMMQKALEE ONE -STOP MPUD I W ESTAMB LIw6u9! CEiniME... w: �TbI CEr.TERICCN6l �R T'.�BLlHL�GGFF pUFiElz W � ExIBTlq@CONOPETE BICEYwN Z �rr LL� II � 1 UE+lt:LOPMENT AREA �.� .� rflRF �N'laEF9.EONF.NN n n'PE �' I u��SG�aF FRir+"Fn r 4�IxG t�Gbwxwl[M I / IXRFALL LOCATION iO4LV6 E�TwTE4 LFlL L6E C�N6ERYxTR]NfREEE9WTlOX SOUT_HW STFLORIOA EXHIBIT C WDRXFORCE 'UD MASTER PLAN DEVELOPMENT UOARR. I NC. Petitioners proposed Master Concept Plan (Exhibit C of the Draft Ordinance attached to this staff report) The subject site is within the boundaries of the Immokalee Area Master Plan (IAMP) in the Commercial Mixed -Use Subdistrict, which is discussed in more detail in the GMP Plan Consistency Section of this staff report. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding the boundaries of the Immokalee One -Stop MPUD. The subject site, zoned Estates (E) District, is developed with one parcel containing the Immokalee One -Stop Building, which was permitted in 2001 as a public -use building for essential services. North: Developed with Bethune Education Center (Collier County Public School) with a zoning designation of Estates (E) District East: Undeveloped property with a zoning designation of Estates (E) District South: Undeveloped property with a zoning designation of Estates (E) District West: S. 5th St (local road) then developed residential with a zoning designation of Village Residential (VR) District PUDZ-PL20230017241 Immokalee One -Stop MPUD Page 4 of 16 Revised: June 19, 2024 N d O V/ I_ O O E E r N ti O Cl)CD N O N J a r P` LO a) N Packet Pg. 2113 17.D.a Source: Aerial Photo (Peninsula Engineering) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): Comprehensive Planning staff has reviewed the proposed PUDZ and has found it consistent with the LAMP, an element of the Future Land Use Element (FLUE) of the Growth Management Plan. See Attachment B, FLUE Consistency Review. Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five-year AUIR planning period unless PUDZ-PL20230017241 Immokalee One -Stop MPUD Page 5 of 16 Revised: June 19, 2024 r ti LCl C1 N Packet Pg. 2114 17.D.a specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occurs: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links, the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " According to the Transportation Impact Statement (TIS) dated January 10, 2024, provided with this petition, the proposed Immokalee One -Stop PUDZ will generate a projected total of +/-112 additional new PM peak hour two-way weekday trips on the following roadway segment with the listed weekday capacities according to the 2022 and 2023 AUIR: Roadway/ID Immokalee Road/46.0 Link Oil Well Rd to SR-29 Current Peak Hour Peak Direction Service Volume/Peak Direction 900/East PM 2022 2022 Peak AUIR AUIR Project LOS Remaining trips Capacity 19/North I D I 138 2023 2023 AUIR AUIR LOS Remaining Capacity D I 71 Note: The SR-29 Immokalee bypass Florida Forward project is projected to have a positive impact on the network and the Level of Service (LOS) of this roadway link. Based on the 2022 and 2023 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for this development within the 5-year planning period. Additionally, the proposed development represents a de minimus impact on the adjacent road network. Therefore, the subject Rezone can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site has been cleared; no preservation is required. The project site is 3.84+/- acres. GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency PUDZ-PL20230017241 Immokalee One -Stop MPUD Page 6 of 16 Revised: June 19, 2024 Packet Pg. 2115 17.D.a or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. This petition is consistent with the GMP. STAFF ANALYSIS: Applications to rezone to or to amend PUDs shall be in the form of a PUD Master Plan of development, along with a list of permitted and accessory uses and a development standards table. The PUD application shall also include a list of developer commitments and any proposed deviations from the Land Development Code (LDC). 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 Section 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08.17, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The CCPC uses the aforementioned criteria as the basis for its recommendation to the Board of County Commissioners (Board), who in turn use the criteria to support their action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition to address environmental concerns. The property has been developed and maintained clear of native vegetation required to be preserved. The Master Plan does not show a preserve since no minimum preservation is required. No listed animal species were observed on the property; however, the Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicate the presence of a Black Bear (Ursus americanus floridanus) in the area. A black bear management plan will need to be included in the PPL or SDP review. Additionally, the property is in Wellfield Risk Management Special Treatment Overlay zones (ST/W-2) (ST/W-3) and must address groundwater protection in accordance with LDC Section 3.06.12. Transportation Review: The Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this development. Utility Review: Public Utility staff did not review this petition as the property is not within the Collier County Water -Sewer District. Landscape Review: The buffers labeled on the PUD Master Plan are consistent with the LDC. Stormwater Review: The site is already served by an existing drainage system. Future stormwater improvements will require appropriate permits from Collier County as well as the South Florida Water Management District (SFWMD). There are no known objections to prevent engagement with these agencies through the normal process, which will ensure consistency with the rules and regulations of the LDC and the SFWMD Environmental Resource Permit (ERP). Stormwater staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Historic Preservation Review: The subject property lies within a Historical/Archaeological Probability Area. The petitioner was required to submit a waiver application from the required historical and archaeological survey and assessment application. (See Attachment C) This PUDZ-PL20230017241 Immokalee One -Stop MPUD Page 7 of 16 Revised: June 19, 2024 Packet Pg. 2116 17.D.a application was heard before the Historical/Archaeological Preservation Board (HAPB) at its February 16, 2024, meeting, and this waiver was approved with no conditions. Immokalee Community Redevelopment Agency (CRA): The subject property is located within the Immokalee Community Redevelopment Area. As such, the CRA serves as the primary vehicle for community and professional input on petitions. The agent presented the project at the May 15, 2024, CRA Meeting, and the Immokalee Local Redevelopment Advisory Board passed a motion supporting the PUDZ request. (See Attachment C — Immokalee CRA Letter of Support) Collier County Airport Authority: At their request, the disclosure below was attached to Exhibit F, List of Development Commitments, Section I.D. The developer, successor, or assign of (insert plat/condominium/development, as appropriate) acknowledges the property's proximity to the Immokalee Regional Airport and the potential for noises created by and incidental to the operation of the airport. Notice shall be provided to potential homeowners and/or renters through the provision of the following disclosure statement on any plat and in association documents for condominium, property owner and homeowner associations, or lease documents: "The Immokalee Regional Airport is in proximity to this (insert c plat/condominium/development, as appropriate). There is potential for noises created by and incidental to the operation of the airport that may be objectionable. " a r ti Zoning Services Review: Zoning Division staff has evaluated the proposed uses related to intensity N and compatibility. We also reviewed the proposed development standards for the project. The land o use pattern in the local area contains a mix of residential and commercial uses. The site is situated a along a two-lane local arterial roadway, and the current zoning of the property is Estates (E) District, which allows four uses. On the western side of the PUD is S. 5th Street, which is partially developed o with residential. To the east and south is undeveloped land in a conservation easement. To the north N is developed with Bethune Education Center that serves high school students. According to the Immokalee Future Land Use Map, the subject property is located within the Commercial Mixed -Use Subdistrict. The purpose of this Subdistrict is to provide pedestrian -scaled, higher -density residential and mixed -use development, employment and recreational opportunities, cultural and civic activities, and public places to serve residents of and visitors to the Immokalee Urban Area. All types of residential uses are allowed within this Subdistrict; mobile homes are only allowed as provided by the LAMP Policy 5.1.4. Nonresidential uses allowed within this Subdistrict include those uses allowed in the C-1 through C-4 zoning districts. PUDs are allowed within this Subdistrict, and the proposed MPUD will include commercial uses, up to C-4 or residential, up to a density of 16 dwelling units per acre, which is consistent with the existing subdistrict allowances. The MPUD is proposed to permit up to 40,000 s.f. of limited commercial/office uses to serve the surrounding community or, alternatively, permit up to 16 multi -family dwelling units per acre. The Commercial Mixed -Use Subdistrict allows a maximum density of 20 residential units per acre through the use of density bonuses and commercial uses permitted within the C-1 through C-4 PUDZ-PL20230017241 Immokalee One -Stop MPUD Page 8 of 16 Revised: June 19, 2024 Packet Pg. 2117 17.D.a zoning districts. The Immokalee One -Stop MPUD is an existing public -use building located within a developed area of Collier County. Surrounding land use patterns consist of residential and non - land uses. The property has existing access to S. 5th Street, a public right-of-way. The Immokalee Water and Sewer District currently services the site, and the stormwater system has been designed according to SFWMD and Collier County regulations. Proposed development standards are outlined in Exhibit B, List of Development Standards, in the draft ordinance attached to this staff report (Attachment A). The proposed development standards are generally consistent with C-4 District dimensional standards of the LDC Section 4.02.01, as summarized in the table below: Development Standards for Principal Uses E Estates C-4 General Commercial Proposed Zoning District Zoning District Immokalee One Stop PUD Min. Lot Area 98,010 s.f. 10,000 s.f. 10,000 s.f. Min. Lot Width 150 feet 100 feet 75 feet Max. Building 35 feet (zoned) 75 feet (zoned) Commercial: Height 35 feet (zoned) 42 feet (actual) Residential: 40 feet (zoned) 47 feet actual Min. Front 75 feet 50% of the building height, but Commercial: Yard not less than 25 feet. Structures 25 feet 50 feet or more in height = 25 Residential: feet plus one additional foot of 25 feet setback for each foot of buildingeight over 50 feet Min. Side 30 feet Commercial: Commercial: Yard 50% of the building height, but 15 feet not less than 15 feet Residential: Residential: 25 feet 15 feet Min. Rear 75 feet Commercial: Commercial: Yard 50% of the building height, but 25 feet not less than 15 feet Residential: Residential: 25 feet 25 feet PUD FINDINGS: LDC Section 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": 1. 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. PUDZ-PL20230017241 Immokalee One -Stop MPUD Page 9 of 16 Revised: June 19, 2024 r ti LO a) Packet Pg. 2118 17.D.a Zoning Division staff has reviewed the proposed MPUD and finds suitability of the area for the 3.84+/- acre project, with a 40,000 s.f. of limited commercial uses or up to 16 residential dwelling units per acre, for a total of 61 residential units. Per the Immokalee Future Land Use Map, the subject property is located within the Commercial Mixed -Use Subdistrict. All types of residential uses are allowed within this Subdistrict, except mobile homes, which are only allowed as provided by the IAMP Policy 5.1.4. Nonresidential uses allowed within this Subdistrict include those uses allowed in the C-1 through C-4 zoning districts. PUDs are allowed within this Subdistrict, and the proposed MPUD will include commercial uses, up to C-4 or residential, and up to a density of 16 dwelling units per acre. As such, the proposed PUD uses are consistent with the existing subdistrict allowances. Moreover, the site is comprised of one parcel fronting on a two-way local road. The development pattern in the surrounding area is characterized by residential development to the west and a school to the north. To the south and east is undeveloped land in a conservation easement. The existing entrance into the Immokalee One -Stop Building will function as the only connection point for ingress/egress into the proposed PUD. The site will conform with the requirement to designate 30% of the site open space, preserves surround the property to the south and east, buffering will meet or exceed LDC requirements, and parking lot lighting will be dark sky compliant to avoid spills onto adjacent properties. Stormwater management details will be evaluated by the SFWMD and Collier County Site Development Permit (SDP)/Plans and Plat Permit (PPL) permitting at the time of ERP. T.- W) N 2. Adequacy of evidence of unified control and suitability of any proposed agreements, o contracts, or other instruments or for amendments in those proposed, particularly as a 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 o at public expense. N Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. 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 offered an analysis of conformity with the GMP's relevant goals, objectives, and policies within the GMP Consistency portion of this staff report. 4. 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. PUDZ-PL20230017241 Immokalee One -Stop MPUD Page 10 of 16 Revised: June 19, 2024 Packet Pg. 2119 17.D.a As described in the Staff Analysis section of this staff report subsection Landscape Review, staff is of the opinion that the proposed project will be compatible with the surrounding area. The Master Plan proposes the appropriate perimeter landscape buffers. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. For Mixed Use PUDs, 30% of the gross area shall be devoted to usable open space according to LDC 4.07.02.G.2. The PUD Master Plan indicates compliance with this standard, with 35.7% to be provided as open space. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The subject property is within the Collier County Water Sewer District (CCWSD), though not the current water, wastewater, and irrigation quality (I.Q.) water service areas. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. The roadway infrastructure has adequate capacity to serve the proposed development at this J time, i.e., it is GMP consistent at the time of rezoning, as evaluated as part of the GMP a. Transportation Element consistency review. The project's development must also comply rl- with all other applicable concurrency management regulations and operational improvements when development approvals are sought at the time of the SDP review. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property is proposed to permit up to 40,000 s.£ of limited commercial/office uses to serve the surrounding community or, alternatively, permit up to 16 multi -family dwelling units per acre for a total of 61 units. The subject site would likely not be able to expand north as that property is developed with a school. The properties to the south and east are undeveloped and may accommodate expansion should expansion be pursued. With S. 5th Street to the west and the school to the north, the only direction the property may expand is to the south and east on undeveloped Estates zoned properties. Per the December 15, 2023, Immokalee Water & Sewer District letter, the plant has the capacity to provide water and sewer services to the project. (See Attachment C) 8. Conformity with PUD regulations or desirable modifications of such regulations in the particular case based on the determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. No deviations are proposed in connection with this request to rezone to MPUD. PUDZ-PL20230017241 Immokalee One -Stop MPUD Page 11 of 16 Revised: June 19, 2024 Packet Pg. 2120 17.D.a Rezone Findings: LDC Subsection 10.02.08.17 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 the proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. The petition has been found consistent with the goals, objectives, and policies of the (FLUM) as outlined on page 5 of this staff report. 2. The existing land use pattern. The existing land use pattern of the surrounding area is described in the Surrounding Land Use and Zoning section of this staff report. Surrounding properties to the north, south, west, and east are also in the Immokalee Future Land Use Map within the Commercial Mixed - Use Subdistrict and consist of residential, school, and undeveloped lots zoned Estates. Development within this MPUD constitutes an extension of commercial and residential uses along S. 5th Street and further effectuates the policies of the Commercial Mixed -Use Subdistrict in the Immokalee Area Master Plan (IAMP). 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. r Should the rezoning to MPUD be approved, it would create an isolated MPUD district; however, all types of residential uses are allowed within this Commercial Mixed -Use N Subdistrict of the IAMP, mobile homes are only allowed as provided by the Immokalee Area Master Plan Policy 5.1.4. Nonresidential uses allowed within this Subdistrict include those uses allowed in the C-1 through C-4 zoning districts. PUDs are allowed within this a Subdistrict and the proposed MPUD will include commercial uses, up to C-4 or residential, N up to a density of 16 dwelling units per acre. As such, the proposed PUD uses are consistent c with the existing subdistrict allowances and further effectuate the intent of the Commercial 0 Mixed -Use Subdistrict of the IAMP. a 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The MPUD boundary follows the boundaries of the existing parcels. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed rezone is not specifically necessary, but it is being requested in compliance with the LDC provisions to seek such changes. The petitioner is seeking to construct a maximum 40,000 s.f. of limited commercial uses or up to 16 residential dwelling units per acre, for a total of 61 residential units, which is not permitted in the Estates Zoning District. In order to increase the intensity of the property, a PUD rezoning is needed. Therefore, the applicant is requesting a rezoning to MPUD. PUDZ-PL20230017241 Immokalee One -Stop MPUD Page 12 of 16 Revised: June 19, 2024 Packet Pg. 2121 17.D.a 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change is not anticipated to adversely influence living conditions in the neighborhood. The site will conform with the requirement to provide 30% of the site as open space and preserves surrounding the site to the south and east. Parking lot lighting will be dark sky compliant to avoid light spills onto adjacent properties, and buffering will meet or exceed LDC requirements. 7. Whether the proposed change will 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. The roadway infrastructure has adequate capacity to serve the proposed project at this time and as outlined above, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat). Additionally, 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 PUDZ request is not anticipated to create stormwater management problems T.- in the area; provided an environmental resource permit that addresses stormwater best Ul) management practices, stormwater pollution prevention, urban stormwater management, management of importing stormwater flows, on -site stormwater treatment, and attenuation storage is obtained from the SFWMD. County staff will evaluate the project's stormwater a management system, calculations, and design criteria at the time of SDP and/or plat review. a It is not anticipated that rezoning the property will create a drainage problem. Stormwater r N best management practices, treatment, and storage will be addressed through ERP with the SFWMD. Staff will evaluate the stormwater management system and design criteria at the o time of SDP or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated this MPUD will reduce light or air to the adjacent areas. Development of the site will need to meet the site design standards as set forth in the LDC. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated 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 may or may not affect values since value determination is driven by market forces. PUDZ-PL20230017241 Immokalee One -Stop MPUD Page 13 of 16 Revised: June 19, 2024 Packet Pg. 2122 17.D.a 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The approval of the MPUD rezone request is not likely to deter development activity of the surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner, contrasting with the public welfare. The proposed limited commercial uses or the 61 residential units at 16 dwelling units per acre are consistent with the Commercial Mixed -Use Subdistrict of the IAMP, which constitutes a public policy statement supporting the development parameters being found to be appropriate, and the zoning action would subsequently be consistent with the 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 subject property can be used in accordance with existing zoning to develop estate o residential or limited agriculture use; however, the proposed uses and intensities cannot be achieved without this PUD rezoning action. a r ti 14. Whether the change suggested is out of scale with the needs of the neighborhood or the N County. The subject site is located in the Commercial Mixed -Use Subdistrict of the IAMP, which is intended to provide for pedestrian -scaled, higher -density residential and mixed -use development, employment and recreational opportunities, cultural and civic activities, and public places to serve residents of and visitors to the Immokalee Urban Area. The proposed PUD uses are consistent with the existing subdistrict allowances and further effectuate the intent of the Commercial Mixed -Use Subdistrict of the IAMP. The surrounding properties to the north, west, south, and east are also in the Commercial Mixed -Use Subdistrict of the IAMP and would be governed by the same policies as the subject property. Moreover, the abutting properties to the south and east are undeveloped with preserves and zoned Estates (E) zoning district. The property to the north is developed with a school and to the west is developed with residential. The petition proposes a 15' Type B landscape buffer at the northern boundary of the PUD and a 10' Type D landscape buffer at the western boundary. Compliance with the Commercial Mixed -Use Subdistrict of the IAMP and implementation of enhanced development standards and commitments contribute to keeping in scale with the needs of the community. PUDZ-PL20230017241 Immokalee One -Stop MPUD Page 14 of 16 Revised: June 19, 2024 Packet Pg. 2123 17.D.a 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed based on the location and proposed use of the subject site, and staff does not specifically 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. The site is already developed. The redevelopment will be evaluated relative to all federal, state, and local development regulations during the SDP and/or platting processes and again later as part of the building permit process. 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. Per the December 15, 2023, Immokalee Water & Sewer District letter, the plant has the capacity to provide water and sewer services to the project. (See Attachment C) 18. Such other factors, standards, or criteria as the Board of County Commissioners shall a deem important in protecting the public health, safety, and welfare. r ti To be determined by the Board during its advertised public hearing. N DEVIATION DISCUSSION: There are no deviations requested. NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was scheduled for Tuesday, April 9, 2024, at 5:30 p.m. at the Career Source SWFL Conference Room located at 750 S. 5th Street, Immokalee, FL 34142. No members of the public were present or participated remotely, and therefore, no recording or transcript has been available. A copy of the NIM advertising is included in Attachment C. ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW: This project does not require an Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommend approval of the proposed petition. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on June 19, 2024. RECOMMENDATION: PUDZ-PL20230017241 Immokalee One -Stop MPUD Page 15 of 16 Revised: June 19, 2024 Packet Pg. 2124 17.D.a Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ- PL20230017241 Immokalee One Stop MPUD to the Board of County Commissioners (Board) with a recommendation of approval. Attachments: A. Draft Ordinance B. Consistency Review Memorandum C. Application/Backup Materials D. Hearing Advertising Sign PUDZ-PL20230017241 Immokalee One -Stop MPUD Page 16 of 16 Revised: June 19, 2024 Packet Pg. 2125 17.D.b ORDINANCE NO. 2024 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 ESTATES (E) ZONING DISTRICT WITHIN THE AIRPORT OVERLAY (APO) AND WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-2 AND W-3 (ZONES ST/W-2 AND ST/W-3) TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT WITHIN THE AIRPORT OVERLAY (APO) AND WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-2 AND W-3 (ZONES ST/W-2 AND ST/W-3) TO BE KNOWN AS IMMOKALEE ONE -STOP MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 40,000 SQUARE FEET OF GROSS FLOOR AREA OF LIMITED COMMERCIAL LAND USES AND UP TO 61 MULTI -FAMILY RESIDENTIAL DWELLING UNITS, ON 3.84f ACRES OF PROPERTY LOCATED AT 750 S. 5TH STREET, IMMOKALEE, ON THE EAST SIDE OF THE INTERSECTION OF STOKES AVE AND S. 5TH STREET, IN SECTION 9, TOWNSHIP 47 SOUTH, RANGE 29 EAST; AND BY PROVIDING AN EFFECTIVE DATE. [PL20230017241 ] WHEREAS, Jessica Harrelson, AICP, of Peninsula Improvement Corporation d/b/a Peninsula Engineering, and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing Southwest Florida Workforce Development Board, Inc., petitioned the Board of County Commissioners of Collier County, Florida, 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 Section 9, Township 47 South, Range 29 East, Collier County, Florida, is changed from the Estates (E) Zoning District within the Airport Overlay (APO) and Wellfield Risk Management Special [24-CPS-02451 / 1861970/ 11 30 Immokalee One -Stop MPUD Page 1 of 2 PL20230017241 1 7/31/2024 Packet Pg. 2126 17.D.b Treatment Overlay Zones W-2 and W-3 (Zones ST/W-2 and ST/W-3), to a Mixed Use Planned Unit Development (MPUD) within the Airport Overlay (APO) and Wellfield Risk Management Special Treatment Overlay Zones W-2 and W-3 (Zones ST/W-2 and ST/W-3), for a project to be known as Immokalee One -Stop MPUD, to allow construction of a maximum of 40,000 square feet of gross floor area of limited commercial land uses and up to 61 multi -family residential dwelling units, on 3.84± acres of property located at 750 S. 5th Street in Immokalee, in accordance with Exhibits A through 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 super -majority vote of the Board of County Commissioners of Collier County, Florida, this 1 Oth day of September 2024. ATTEST: CRYSTAL K. KINZEL, CLERK 16 , Deputy Clerk Approved as to form and legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IN Derek D. Perry -L Assistant County Attorney �` Attachments: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: [24-CPS-02451 / 1861970/ 11 30 Immokalee One -Stop MPUD Page 2 of 2 PL2023 001724 l 1 7/31 /2024 Chris Hall, Chairman List of Permitted Uses List of Development Standards Master Plan Legal Description List of Deviations List of Development Commitments Packet Pg. 2127 17.D.b EXHIBIT A LIST OF PERMITTED USES Regulations for development of the Immokalee One -Stop MPUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the first Site Development Plan (SDP) or Plat. Where a PUD Ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES This MPUD shall be limited to a maximum density of (16) residential dwelling units per acre, for a total of 61 residential units, and a maximum of 40,000 gross square feet of commercial uses. No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following: A. PRINCIPAL USES -RESIDENTIAL: 1. Multi -family residential dwelling units. 2. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Hearing Examiner (HEX) or the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. B. PRINCIPAL USES —COMMERCIAL: 1. Amusement and recreation services, indoor only (SIC 7999, except shooting galleries, shooting ranges, astrologers, betting information services, billiard and bingo parlors, bookies, bookmakers, cave operation, circus companies, fireworks display services, fortune tellers, gambling establishments, gambling machines, off-track betting, pack trains for amusement, ping pong parlors, pool parlors, skeet shooting, and slot car racetracks) 2. Ancillary plants 3. Animal specialty services, except veterinary (SIC 0752, excluding outside kenneling) 4. Banks, credit unions and trusts (SIC 6011-6099, except deposit brokers) 5. Barber shops (SIC 7241) 6. Beauty shops (SIC 7231) 7. Business credit institutions (SIC 6153-6159) 8. Business services - miscellaneous (SIC 7311-7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories - telephone, drive -away automobile, exhibits -building, filling pressure containers, field warehousing, fire extinguisher, floats -decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, textile designers, textile folding, tobacco sheeting, and window trimming service) 9. Cable and other pay television services (SIC 4841) including communication towers up to a specified height, subject to LDC Section 5.05.09 IMMOKALEE ONE -STOP MPUD P U DZ-PL20230017241 July 31, 2024 Packet Pg. 2128 17.D.b 10. Commercial printing (SIC 2752, excluding newspapers) 11. Computer and computer software stores (SIC 5734) 12. Dance studios, schools and halls (SIC 7911, except dance halls) 13. Educational plants and public schools, subject to LDC Section 5.05.14 14. Essential Services, subject to LDC Section 2.01.03 15. Federal and federally -sponsored credit agencies (SIC 6111) 16. Group care facilities (Categories I and II) 17. Health services (SIC 8011-8099, except blood donor stations, sperm banks, medical photography or art, and organ banks.) 18. Insurance carriers, agents and brokers (SIC 6311-6399, 6411) 19. Landscape architects, consulting and planning (SIC 0781) 20. Legal services (SIC 8111) 21. Libraries (8231) 22. Management services (SIC 8741, 8742) 23. Membership organizations (SIC 8611-8699) 24. Membership sports and recreation clubs (SIC 7997) 25. Mortgage bankers and loan correspondents (SIC 6162) 26. Museums and art galleries (SIC 8412) 27. Personal credit institutions (SIC 6141) 28. Physical fitness facilities (SIC 7991) 29. Public Administration (SIC 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661) 30. Public or private parks and playgrounds 31. Public relations services (SIC 8743) 32. Real Estate (SIC 6512, 6531-6552) 33. Research, development and testing services (SIC 8731-8734) 34. Security and commodity brokers, dealer, exchanges and services (SIC 6211-6289) 35. Social services, individual and family (SIC 8322-8399, except homeless shelters and soup kitchens) 36. Surveying services (SIC 8713) 37. Tax return preparation services (SIC 7291) 38. Travel agencies (SIC 4724, no other transportation services) 39. United States Postal Service (SIC 4311, except major distribution center) 40. Veterinary services (SIC 0741, 0742, excluding outside kenneling) 41. Vocational schools (8243-8299) 42. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Hearing Examiner (HEX) or the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. C. ACCESSORY USES 1. Accessory uses and structures customarily associated with the permitted principal uses and structures. D. CONDITIONAL USES 1. Conditional uses of the General Commercial (C-4) District, subject to the conditional use process outlined in the Land Development Code. IMMOKALEE ONE -STOP MPUD PU DZ-PL20230017241 July 31, 2024 2 Packet Pg. 2129 17.D.b EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the Immokalee One -Stop MPUD shall be as stated in this development standards table. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE I DEVELOPMENT STANDARDS COMMERCIAL USES RESIDENTIAL USES AND MIXED -USE DEVELOPMENT PRINCIPAL ACCESSORY PRINCIPAL ACCESSORY MINIMUM LOT AREA 10,000 SQUARE FEET N/A 1-ACRE N/A MINIMUM LOT WIDTH 75 FEET N/A 150 FEET N/A EFFICIENCY-450 SQUARE FEET MINIMUM FLOOR 1,000 FEET N/A 1 BEDROOM-600 SQUARE FEET N/A AREA 2+ BEDROOM-750 SQUARE FEET MINIMUM DISTANCE BETWEEN NONE NONE 20 FEET N/A STRUCTURES MINIMUM SETBACKS FRONT YARD: 25 FEET 15 FEET 25 FEET 15 FEET SIDE YARD: 15 FEET 10 FEET 15 FEET 10 FEET REAR YARD: 25 FEET 15 FEET 25 FEET 15 FEET EASTERN & WESTERN 25 FEET 15 FEET 25 FEET 15 FEET PUD BOUNDARIES NORTHERN & SOUTHERN PUD 15 FEET 10 FEET 15 FEET 10 FEET BOUNDARIES MAXIMUM BUILDING HEIGHT ZONED 35 FEET 35 FEET 40 FEET 35 FEET ACTUAL 42 FEET 35 FEET 47 FEET 42 FEET SPS = Same as Principal Structure 1 Subject to dwelling occupancy standards per the Code of Laws, Section 22-231. Note: Nothing in this MPUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in Exhibit E, List of Deviations. IMMOKALEE ONE -STOP MPUD PUDZ-PL20230017241 July 31, 2024 n Packet Pg. 2130 do}S aup ealeMowwl - 6tIU 0£ZOZ-1d 6LSU) VZ-6£-L aoueuipa0 paSinab - s r Z w CD w K Q z �O N � CL a U LU z z w U w 2 � c z Z � U W Zw Z w af Iwi I W Q 0 o= m o W Q m a w W W W I w �. 2 Z 5 U 2 0 5 m W a I Z Z x w L (AVM-JO-1HSN .09) — 133bUS H131d Hinos W Q 0, Z w 2 in OQ U ui m 7 Z cn m W w U of w w 5 Ir LU 03 m a U 0 z 5 p w 0 UOWLIOEIIV CD m w Of W w W 0 W CD 0 a > U w ¢ w Qz F Z f O w� Zw Z(a 00 U z 5 iOWLIDel1v .— M o T W o '4\CD r N W W , /� ' ^^� (L Q 0 Q U Q Q Y d <3 a E Z o_ Z �1 Q C Q W O J (-) m LL Q' [-- U) LL W C> � ofCz CL ��O O > W mrMl$5 4 0 Z z Z Q CL do;g auO aale)lowwl - VVZL600£ZOZld Lw r 0 0 M (0 I� M O O O LU Ix ll� Ci cq U N CO Q w W D' Q W W Q J co 0- Q W F m z O LLJ O W 0 a Q a U O W z 0 O w 0 w a w O U w w 0 w z w U` Z j U Z z O 0 0 o g z H W H W O W a o U m U LL U) w Z G X CQ G 0 Q U96Z) IVZ-4£-L 83ueulp.JO paslnab - V;uau 43811V :;u8uay38jjV �o N= o a o M N p ui w wo W a. V � a d E Z o E Z o V Fr q m Z m _a m v W � 01 5 � q 0 0` � m, U U) Z w CL F- O z w ry U Q LU W co zz W = W F-� ULLJ w� JO W LULU UQ N 4. 00 U) Z p w oO zw Z w Og ~O U W cn O U W 0� dw 0 w 5 O W W w U) w Of a O z a a � o w o � C) Q W O U m LL H U Z Lu Oa w O w cn 0 Z Q J U w re H — w m F-- 2 U) Q W d wa �00 D � Z Ca G 20 5 0 17.D.b EXHIBIT D LEGAL DESCRIPTION COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 89°42'38" E. ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF 30.00 FEET TO A POINT30.00 EASTERLY OF, AS MEASURED AT RIGHTANGLESTO, THE WEST LINE OFTHE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 9, THENCE RUN N. 00°26'00" E., PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF 145.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED: THENCE CONTINUE N. 00° 26' 00" E. FOR A DISTANCE OF 456.50 FEET; THENCE RUN S. 89°49'15" E. FOR A DISTANCE OF 402.00 FEET; THENCE RUN S. 09°44'21" W. FOR A DISTANCE OF 466.94 FEET; THENCE RUN N. 89°07'32" W. FOR A DISTANCE OF 326.50 FEET TO THE POINT OF BEGINNING. CONTAINING 3.84 ACRES MORE OR LESS. IMMOKALEE ONE -STOP MPUD P U DZ-PL20230017241 July 31, 2024 Lo N Packet Pg. 2 3 17.D.b EXHIBIT E LIST OF DEVIATIONS There are no requested deviations. IMMOKALEE ONE -STOP MPUD PU DZ-PL20230017241 July 31, 2024 ti LO an N Packet Pg. 2134 17.D.b EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS The purpose of this Section is to set forth the development commitments for the development of this project. 1. GENERAL A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Southwest Florida Workforce Development Board, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released oftheir/its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not berelieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part T_ ,r of the applicant to obtain a permit from a state or federal agency and does not create any liability N on the part of the county for issuance of the permit if the applicant fails to obtain requisite le approvals orfulfill the obligations imposed by a state orfederal agency or undertakes actions that N T_ result in a violation of state or federal law. (Section 125.022, FS) M C. All other applicable state or federal permits must be obtained before commencement of the development. D. The developer, successor or assign of the Immokalee One -Stop MPUD acknowledges the property's proximity to the Immokalee Regional Airport and the potential for noises created by and incidental to the operation of the airport. Notice shall be provided to potential homeowners and/or renters through the provision of the following disclosure statement on any plat, and in association documents for condominium, property owner and homeowner associations, or lease document: "The Immokalee Regional Airport is in proximity to the Immokalee One -Stop MPUD. There is potential for noises created by and incidental to the operation of the airport that may be objectionable." 2. TRANSPORTATION A. The maximum total daily trip generation for the MPUD shall not exceed 172 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. IMMOKALEE ONE -STOP MPUD PUDZ-PL20230017241 July 31, 2024 Packet Pg. 2135 17.D.b 3. LIGHTING A. Newly installed lighting shall be Dark Skies compliant. 4. ENVIRONMENTAL A. The Developer shall adhere to the Florida Fish and Wildlife Conservation Commission Black Bear Management Plan, as applicable. The informational brochure created by the Florida Fish and Wildlife Conservation Commission (FFWCC) and titled "A Guide to Living in Bear Country" will be distributed to future residents and construction/maintenance personnel. Residents will be provided with information on how to secure their garbage containers to discourage bears from foraging in trash receptacles and the project will utilize bear -proof dumpsters in locations to be determined at the time of Site Development Plan (SDP) approval. IMMOKALEE ONE -STOP MPUD PUDZ-PL20230017241 July 31, 2024 ti LO a) N Packet Pg. 2136 17.D.c Co er C;o-r "ty Growth Management Community Development Department Zoning Division —Comprehensive Planning Section C 0 N S I S T E RE E ME D U M To: Timothy Finn, Planner III, Zoning From: Parker Klopf, Planner III, Comprehensive Planning Date: JUNE 6, 2024 Subject: Immokalee Area Master Plan (TAMP) Consistency Review PETITION NUMBER: PL20230017241 PETITION NAME: Immokalee One -Stop (PUDZ) REQUEST: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application for a Mixed Planned Unit Development (MPUD) consisting of 40,000 gross floor area or a maximum density of sixteen (16) units per acre for a total of 61 residential units LOCATION: The ±3.84-acre located at 750 S. 5th Street in the Town of Immokalee, in Section 9, Township 47 South, Range 29 East, Collier County, Florida. COMPREHENSIVE PLANNING COMMENTS: The subject property is located along S 5t" St. on the southside of the Town of Immokalee which according to the Immokalee Area Master Plan is part of the Commercial Mixed -Use Subdistrict (C-MU). The purpose of this Subdistrict is to provide for pedestrian -scaled, higher density residential and mixed -use development, employment and recreational opportunities, cultural and civic activities, and public places to serve residents of, and visitors to, the Immokalee Urban Area. All types of residential uses are allowed within this Subdistrict, except that mobile homes are only allowed as provided by IAMP Policy 5.1.4. Within the Commercial Mixed -Use Subdistrict, Nonresidential uses allowed within this Subdistrict include those uses allowed in the C-1 through C-4 zoning districts and a base density of sixteen (16) Dwelling Units Per acre (DU/A) is allowed. The PUD document submitted by the applicant proposes commercial uses consistent with the C-4 designation as well as maximum residential density of 16 units per acre. It is therefore the determination of comprehensive planning staff that the proposed rezone is consistent with the TAMP. Packet Pg. 2137 17.D.c Relevant FLUE Objectives and policies are stated below (in italics); each policy is followed by staff analysis [in bold]. Policy 5.1.2: Compatibility between Land Uses Compatibility between lower and higher intensity uses will be achieved through land development regulations specifically applicable to the Immokalee Urban Area. The proposed project includes higher density that is consistent with the IAMP and will be compatible with the surrounding land uses. Policy 5.1.3: Compact Mixed -Use Development Collier County will encourage compact mixed -use development in appropriate zoning districts and particularly within the HR and C-MU designations, as an innovative planning technique to create walkable communities, reduce vehicle miles traveled, and increase energy efficiency. A mixed -use project is being proposed on this site which achieves the goals of the C-MU subdistrict. Policy 5.1.6: Zonings and Rezonings A. All zoning as shown on the Official Zoning Atlas as of [effective date of TAMP adoption ordinance] shall be deemed consistent with the Growth Management Plan. The proposed rezone is consistent with the IAMP as the property is located within the CM-U district. The property has been the site of a Public Use building since 2001 and is eligible to be rezoned in accordance with the CM-U designation in the IAMP. CONCLUSION: r Based upon the above analysis, the proposed PUD rezone for 40,000 SF of gross floor area of commercial uses or a maximum density of sixteen (16) residential dwelling units per acre has been deemed consistent with the Future Land Use Element. The proposed uses are therefore o considered to being complementary and compatible with surrounding development, E Comprehensive Planning staff concludes that the project is consistent the Growth Management Plan (GMP). _ PETITION ON CITYVIEW Packet Pg. 2138 17.D.e SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Jessica Harrelson, AICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL20230017241 SIGNATURE OF APPLICANT OR AGENT Jessica Harrelson, AICP NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER 2600 Golden Gate Parkway STREET OR P.O. BOX Naples, FL 34105 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 18th day of June 20 24, by Jessica Harrelson, AICP _ personally known to me or who as identification produced and who did/did not take an oath. 'i►� p" VALERIE PASALOOOS ANotary Publk - State of Florida �" Commission # HH 367352 or My Carom. Expires Jun 22, 2027 Bonded through National Notary Assn. My Commission Expires: (Stamp with serial number) Signature of Notary Public V o_t!e"i f- ?,-, r t, Printed Name of Notary Public Rev. 3/4/2015 Packet Pg. 2139 Ilk 'CA 17.D.f NOT7 E OF NOTICE OF INTENT TO C NSI EN °AN Notice is hereby given that a publlc hearing will be held by the C0ltier County Board of County Commissloners (pCC) at 8 00 A.M. on September 10, 2024, in the Board of County Commissioners Meeting Room Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL to consider: *N ORDINANCE OF THE BOARD OF. COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA tMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND E VELOPMENT CODE, WHICH ESTABLISHED 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 ESTATES (E) ZONING DISTRICT WITHIN THE AIRPORT JOVERLAY ) AND WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-2 HW-3 ONES ST/W-2 AND ST/W-3) TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ANG DISTRICT WITHIN THE AIRPORT OVERLAY (APO) AND WELLFIELD RISK MANAGEMENT ;SPECIAL TREATMENT OVERLAY ZONES W-2 AND W-3 (ZONES STIW-2 AND ST/W-3) TO BE KNOWN AS IMMOKALEE ONE -STOP MPUD, TOALLOW CONSTRUCTION OF A MAXIMUM OF 40,000 SQUARE FEET OF GROSS FLOOR AREA OF LIMITED COMMERCIAL LAND USES AND UP TO 61 MULTI FAMILY 'RESIDENTIAL DWELLING UNITS, ON 3M± ACRES OF PROPERTY LOCATED AT 750 S. 5TH STREET, JMMOKALEE, ON THE EAST SIDE OF THE INTERSECTION OF STOKES AVE AND S. 5TH STREET IN SECTION 9,'TOWNSHIP 47 SOUTH, RANGE 29 EABT; AND BY PROVIDING AN EFFECTIVE DAT@. '[PL20230017241] Eus s AVE Z ii 3—...F ... E. .Q l E I 42 ... �y E -v i � •t I r ; Seminole S ;- � � ; rossing E ' E Project Bethune Location .................. e / 1�. I i L ` ".H�_.._ .ICIB j I A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for Inspection. All Interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Managger prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any 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 ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.collie=untyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the Public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote parpcipation; is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues.: For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig®colliercountyfl.gov. Any person who decides to appeal any 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 Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Sara Morales, Deputy Clerk, (S) 2• m v Z m v D C 6) C N N 0 N A Z 9 r m N v a Z m fn Packet Pg. 2141 Immokalee One -Stop PUDZ - PL20230017241 NOTICE OF PUBLIC HEARING Publicaticn Date: OB/21/2024 Expiration Date: 09I12/2024 N of is e s.co I l i e rc ler k. co m NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on September 10, 2024, in the Board of County Commissioners Meeting Room, Third Foor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 ESTATES (E) ZONING DISTRICT WITHIN THE AIRPORT OVERLAY (APO) AND WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-2 AND W-3 (ZONES ST/W-2 AND ST/W-3) TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT WITHIN THE AIRPORT OVERLAY (APO) AND WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-2 AND W-3 (ZONES ST/W-2 AND ST/W-3) TO BE KNOWN AS IMMOKALEE ONE -STOP MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 40,000 SQUARE FEET OF GROSS FLOOR AREA OF LIMITED COMMERCIAL LAND USES AND UP TO 61 MULTI -FAMILY RESIDENTIAL DWELLING UNITS, ON 3.84f ACRES OF PROPERTY LOCATED AT 750 S. 5TH STREET, IMMOKALEE, ON THE EAST SIDE OF THE INTERSECTION OF STOKES AVE AND S. 5TH STREET, IN SECTION 9, TOWNSHIP 47 SOUTH, RANGE 29 EAST; AND BY PROVIDING AN EFFECTIVE DATE. [PL20230017241] (see map below) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any 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 ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Packet Pg. 2142 17.D.f Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record ofthe 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 Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Sara Morales, Deputy Clerk (SEAL) Packet Pg. 2143