Ordinance 2024-33 ORDINANCE NO. 2024 - 33
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
3.84± 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]
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-02451/1861970/1] 30
Immokalee One-Stop MPUD Page 1 of 2
PL20230017241 17/31/2024
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 10th day of September 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
/ it4146(4&
By: I
/J By:
Attest as to Chalrmm' eputy Clerk Chris all, Chairman
signature only.
App • ed as to form and legality: This ordinance filedwith the
CJP.0 QtQrY Of sta.1..�'tii.^_P 'i !�•
Q� day of Q�• �rv2•Y
and acknow=.dc;st?,eQ,,pf t!t:1
filing r ce�ved i'r�is �- dn`i
Derek D. Perry of D '—� (�/�?�
Assistant County Attorney l 1" \� By_ o ,:r„cI.-ti
Attachments:
Exhibit A: List of Permitted Uses
Exhibit B: List of Development Standards
Exhibit C: Master Plan
Exhibit D: Legal Description
Exhibit E: List of Deviations
Exhibit F: List of Development Commitments
[24-CPS-02451/1861970/1]30
Immokalee One-Stop MPUD Page 2 of 2
PL20230017241 17/31/2024
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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
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July 31,2024
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.
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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
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July 31,2024
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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 POINT 30.00 EASTERLY OF,AS MEASURED AT RIGHT ANGLES TO,THE WEST LINE OF THE 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.
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EXHIBIT E
LIST OF DEVIATIONS
There are no requested deviations.
IMMOKALEE ONE-STOP MPUD
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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 of their/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 be relieved 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
of the applicant to obtain a permit from a state or federal agency and does not create any liability
on the part of the county for issuance of the permit if the applicant fails to obtain requisite
approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law. (Section 125.022, FS)
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.
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July 31, 2024
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.
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FLORIDA DEPARTMENT OfSTATE
RON DESANTIS CORD BYRD
Governor Secretary of State
October 2, 2024
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2024-33, which was filed in this office on October 1,
2024.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270