HEX Final Decision #2025-20HEX NO. 2025-20
HEARING EXAMINER DECISION
DATE OF HEARING.
May 229 2025
PETITION.
Petition No. CU-PL20240008176 - 2951 State Road 29 -Request for approval of Conditional
Use No.12 of the Rural Agricultural (A) Zoning District, as provided in Section 2.03.01.A.l.c.
Athe Collier County Land Development Code, allowing for a collection and transfer site for
resource recovery involving the generation of biochar through thermal processing of organic
biomass on 15.07+ acres of property within the Mobile Home Overlay and Rural Lands
Stewardship Area Overlay located at 2951 State Road 29 in Immokalee in Section 19,
Township 47 South, Range 30 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests approval of Conditional Use No. 12 of the Rural Agricultural (A) Zoning
District, as provided in Section 2.03.0l.A.l.c. of the Collier County Land Development Code
(LDC), allowing for a collection and transfer site for resource recovery involving the generation
of biochar through thermal processing of organic biomass on 15.07:L acres of property within the
Mobile Home Overlay and Rural Lands Stewardship Area Overlay located at 2951 State Road 29
in Immokalee.
This petition is cm Economic Development Fast Tiack project peg° the Collier County Fast Tt°ack
Program under Ordinance 2016-2�7.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(3) of the
Collier County Code of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter
9 of the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The Agent Wayne Arnold hosted a NIM on January 15, 2025, at 5:30 p.m. The meeting was
held at OF/IFAS Extension Collier County, 14700 Immokalee Road, and remote attendance
was available via Zoom. No members of the public attended.
5. The public hearing was conducted in Lite following manner: the County Staff presented the
Petition followed by the Petitioner, and/or Petitioner's representative, public comment and then
rebuttal by the Petitioner and/or Petitioner's representative. There was one in -person public
speaker at the hearing, Nick Kouloheras, owner and operator of the parcel to the west of the
subject property, with no objection to the project. There were two virtual public speakers at
the hearing, John Peabody and Alvaro Sanchez, in support of this petition.
6. The County Code of Ordinance Sec. 2-87(3)(a) directs the Hearing Examiner to make a finding
as outlined in LDC Section 10.08.00.D that: 1) approval of the Conditional Use will not
adversely affect the public interest and will not adversely affect the uses of neighboring
properties in the same district; 2) all specific requirements for the individual Conditional Use
will be met; and 3) satisfactory provisions have been made concerning the following matters,
where applicable:l
1. Consistency with the Land Development Code (LDC) and the Growth Management
Plan (GMP). Include information on how the request is consistent with the applicable
section or portions of the Future Land Use Element.
The record evidence and testimony fi°om the public hearing reflects that this request has
been deemed consistent with the GMP as summarized in the GMP Consistency Memo.
Section 2.03. OLA.14 C. of the Collier CotmoJ LDC allows for a collection and transfer site
for resource recovery as a conditional use. Per the ZVL issued for this site, the proposed
generation of biochar through processing and incinerating organic debris is congruent
wwith the collection and transfer site for resource recovery. With the recommended
conditions of approval found in Exhibit A, this project will be in compliance with the
applicable provisions of the LDC.
2. Ingress and egress to the property and proposed structures, particularly toward
automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
The record evidence and testimony from the public hearing reflects that iness and egress
to the subject property will be provided via the existing driveway along State Road 29.
Transportation Planning staff finds this petition consistent tiwith the GMP. Operational
impacts ~will be addressed at time of first development order (SDP or Plat). Additionally,
the development must comply with all other applicable concurr•ency management
regidations when development approvals are sought.
The Conceptual Site Plan shoiws a 200 foot -}wide corridor along the southern property line,
ti-nhich is reserved for dedication to the CountJ� per the terms outlined in Condition #6
(Exhibit A).
1 The Hearing Examiner's findings are italicized.
Page 2 of 8
3. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
The r°ecord evidence and testimony from the public hearing reflects that neigh bor°ing
properties on the south side of SR 29 are used for agriculture; on the north side of SR 29,
some land remains natural, and some is used for agriculture. The property immediately
west of the site is in the hearing process for a Conditional Use for a sand mine to be
determined by the Board of Zoning Appeals (the Board of County Commissioners). The
nearest homes are approximately one mile away westbound on State Road 29.
Noise generated on site should be generally comparable to noise generated by large-scale
agricultural activities in the vicinity. The Conditions of Approval in Attachment B address
hours of operation (12 hours per day starting at dawn and ending 30 minutes after sunset),
lighting (the site shall be dark sky compliant), and emissions (per° FDEP regulation).
Due to the native of the proposed project, inchrding thermal processing equipment (air
curtain incinerators), Immokalee Fire Control District and North Collier Fire Control and
Rescue District were involved in the review of this Conditional Use petition. Fire Marshal
Sean Lintz's recommendations are included in the Conditions of Approval in Attachment
B, as follows:
Condition #7: At the time of site improvement plan approval, the applicant shall submit are
Emergency Action Plan (EAP) per NFPA4, Chapter 31. 3. 6. S to include.
a. Adequate water supply system to be compliant for the operatr.'on (TBD).
b. The Property Owner shall comply with any and all applicable codes with an approved
Emergency Plan Agreement cis determined by Immokalee Fire Rescue District/North
Collier Fire Life Safety Division and the Collier County Bureau of Emergency Services.
c. Proper vehicle access per NFPA4 Ch. 183 2021.
d Proper pile storage and separation per NFPA4 Ch. 31.
e. Yard sprinklers shall be added to the site. NFPA4 Ch. 31.
f. No chargingloper•ation shall take place when winds are greater than 15 mph for a period
of 20 minutes.
g. A free alert system shall be in place during the evening hours.
The fire alert system i-vill include the folloi-Wing.•
1. A system of 24/7 video cameras 1->>ith motion detection and manager email notice, which
vietiv the storage areas cmd processing areas.
2. Fire alarms which were recently installed by Integrated Fire Solutions.
3. A handheld infrared temperature gun.
4. A neiv Operation Log sheet that requires inspection of the site for flames and/or flying
embers.
5. Wetting of the surrounding area before the operator leaves the site.
Page 3 of 8
6. The extinguishing of the embers, y seen, and direct communications to bnmokalee Fire
District.
4. Compatibility with adjacent properties and other properties in the district.
The recor°d evidence and testimony from the public hearing reflects that, as noted above,
neighboring properties on the south side of SR 29 are used for agriculture; on the north
side of SR 29, some land remains natural, and some is used for agriculture. The property
immediately west of the site is in the hearing process for a Conditional Use for a scrod mine
to be determined by the Board of Zoning Appeals (which is the Board of County
Commissioners). The nearest homes are approximately one mile away i-vestbound on State
Road 29.
This petition can be found compatible with the surrounding area, subject to t1�e Conditions
of Approval included in Exhibit A and the Conceptual Site Plan in Exhibit B.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY.
Environmental Element:
Environmental Planning staff has reviewed the petition to address environmental concerns. The
required preserve is .32 acres (40% of .80 acres). The applicant will provide .72 acres of
preservation, which is 90% of the existing native vegetation preservation. No listed animal species
were observed on the property; however, Florida Fish and Wildlife Conservation Commission
(FWC) wildlife data indicates the presence of Black Bear (Ursus amer•icanus floridanus) in the
area. A black bear management plan must be included in the PPL or SDP review. The
Environmental Data indicates the subject property falls within the (FWS) Secondary Florida
Panther (Felis concolor° cor yi) habitat. There were no observations of panthers on -site, and the
telemetry data indicates Florida panthers are not present within the boundary of the proposed
project. However, because of the property's location, the surrounding areas contain habitats
preferred by the Florida panther (freshwater forest). Consultation with FWS to obtain panther
mitigation may be required.
Before approval of the first SDP/PPL, a second protected species survey of the subject property
will be required to ensure construction activity will not impact listed species. The second listed
species survey will primarily be focused on the presence of Cara Cara (Caracara plancus
mdubonii); however, all listed species will be evaluated for their presence in and adjacent to the
subject property boundary. Consultation with the U.S. Fish and Wildlife Service (USFWS) and
the FWC regarding guidelines and permitting requirements will be required before construction.
This project does not require 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 recommends
approval of the proposed petition.
Transportation Element:
In evaluating this project, staff reviewed the applicant's December 19, 2024 Traffic Impact
Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the GMP using
the 2024 Annual Update and Inventory Report (AUIR).
According to the TIS provided with this petition, the proposed Arbtit X development will generate
a projected total of +/- 26 PM peak hour trips on the adjacent roadway, State Road 29. Based on
the TIS provided by the applicant, the 2024 AUIR, the Conditional Use can be found consistent
with Policy 5.1 of the Transportation Element of the GMP.
Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC
and recommends approval.
Conservation &Coastal Management Element (CCME):
Environmental review staff has found this project to be consistent with the CCME. The project
site consists of 15 acres. A minimum of .32 acres (40%) of native vegetation is required to be
preserved. The applicant proposes to preserve .72 acres (90%) of the existing native vegetation.
GMP Conclusion:
Based upon the above GMP policy review, the petition is consistent with the GMP.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner, County staff and any given by
the public, the Hearing Examiner finds that there is enough competent, substantial evidence as
applied to the criteria set forth in Section 10.08.00.1) of the Land Development Code to approve
this Petition, and that approval of this petition with conditions will not adversely impact the public.
DECISION.
The Hearing Examiner hereby APPROVES Petition No. CU-PL20240008176, filed by D. Wayne
Arnold, AICP of Q. Grady Minor &Associates, representing the owners Willie H. Strickland, Jr.
and Justin Kyle Strickland and the applicant ArborX, Inc., with respect to the property legally
described as 15.07+ acres located at 2951 State Road 29 in Immokalee in Section 19, Township
47 South, Range 30 East, Collier County, Florida, for the following:
• A Conditional Use No. 12 of the Rural Agricultural (A) Zoning District, as provided in
Section 2.03.O1.A.1.c. of the Collier County Land Development Code (LDC), allowing for
a collection and transfer site for resource recovery involving the generation of biochar
through thermal processing of organic biomass on 15.07± acres of property within the
Mobile Home Overlay and Rural Lands Stewardship Area Overlay located at 2951 State
Road 29 in Immokalee.
Page 5 of 8
Said changes are fully described in the Conditions of Approval attached as Exhibit "A", the
Conceptual Site Plan attached as Exhibit "B", the Boundary Survey attached as Exhibit "C", and
the Collier County Fast Track Approval Letter attached as Exhibit "D", and are subject to the
condition(s) set forth below.
ATTACHMENTS.
Exhibit A —Conditions of Approval
Exhibit B — Conceptual Site Plan
Exhibit C — Boundary Survey
Exhibit D — Collier County Fast Track Approval Letter
LEGAL DESCRIPTION.
The subject property comprises 15.07+ acres located at 2951 State Road 29 in Immokalee in
Section 19, Township 47 South, Range 30 East, Collier County, Florida.
CONDITIONS.
1. Only horticultural material shall be utilized for processing. No construction or building
materials or construction debris may be utilized on -site. The horticultural material may not
be stacked higher than 18 feet.
2. The maximum total daily trip generation for the CU shall not exceed 26 two-way PM peals
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.
3. Hours of operation - will be capped by the FDEP operating permit. The maximum hours
allowed are 12 hours per day, 7 days per week with the Air Curtain Incinerator (ACI)
starting at dawn and ending 30 minutes after sunset.
4. Lighting shall be dark sky compliant (flat panel, full cut off fixtures— backlight, uplight
and glare (BUG) rating where U = 0) to avoid light spill onto adjacent properties. The site
light poles shall not exceed a 25-ft mounting height.
5. Incinerators shall utilize thermal processing equipment (air curtain incinerators) per
operating permits issued by FDEP, "Outside of startup periods, visible emissions shall not
exceed ten percent (10%) opacity, six (6) minute average. During startup periods, which
shall not exceed the first thirty (30) minutes of operation, an opacity of up to thirty-five
percent (35%), averaged over a six (6) minute period, shall be allowed. [Rule 62-
296.401(7) (b)l., F.A.C.]".
6. The applicant acknowledges that Collier County is proposing to add a new roadway
corridor in the 2050 Long Range Transportation Plan (LRTP) that would extend across the
southern 200'+/- of the subject property. Should the roadway corridor be adopted in the
2050 LRTP, the applicant, or successor or assignee, agrees to cooperate with Collier
County to provide the land for the roadway corridor once a final alignment is determined.
The corridor, up to the southern 200+/- feet as determined by Collier County will be
conveyed by road easement, free and clear of all liens and encumbrances, to Collier County
at fair market value with a date of value being the date prior to this conditional use approval.
The corridor will be conveyed to the County by the owner within 60 days of the County's
written request. Any improvements constructed within the future roadway corridor will be
relocated at the owner's expense after conveyance of the road easement to Collier County
and prior to construction of the roadway. The owner will retain access rights to the roadway
and will retain unimpeded and equivalent access to the subject property before, during, and
after the conveyance. Any structure existing on the date of easement conveyance and
located outside of the 200+/- feet corridor that no longer meets LDC design standards will
be non -conforming subject to LDC Section 9.03.07.
7. At the time of site improvement plan approval, the applicant shall submit an Emergency
Action Plan (EAP) per NFPA4, Chapter 31.3.6.5 to include:
a. Adequate water supply system to be compliant for the operation (TBD).
b. The Property Owner shall comply with any and all applicable codes with an approved
Emergency Plan Agreement as determined by Immokalee Fire Rescue District/North
Collier Fire Life Safety Division and the Collier County Bureau of Emergency Services.
c. Proper vehicle access per NFPA-1 Ch. 18, 2021.
d. Proper pile storage and separation per NFPA-1 Ch. 31.
e. Yard sprinklers shall be added to the site. NFPA-1 Ch. 31.
f. No charging/operation shall take place when winds are greater than 15 mph for a period
of 20 minutes.
g. A fire alert system shall be in place during the evening hours.
The fire alert system iVill include the following:
1. A system of 24/7 video cameras with motion detection and manager email
notice, which view the storage areas and processing areas.
2. Fire alarms which were recently installed by Integrated Fire Solutions.
3. A handheld infrared temperature gun.
4. A new Operation Log sheet that requires inspection of the site for flames and/or
flying embers.
5. Wetting of the surrounding area before the operator leaves the site.
6. The extinguishing of the embers, if seen, and direct communications to
Immokalee Fire District.
8. All other applicable state or federal permits must be obtained before commencement of the
development.
DISCLAIMER.
Pursuant to Section 125.022(5) F.S., 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.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
Page 7 of 8
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT, DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
June 19, 2025
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
«A»
ArborX - 2951 SR 29 Conditional Use (PL20240008176)
Conditions of Approval
1. Only horticultural material shall be utilized for processing. No construction or building
materials or construction debris may be utilized on -site. The horticultural material may not be
stacked higher than 18 feet.
2. The maximum total daily trip generation for the CU shall not exceed 26 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.
3. Hours ofoperation - will be capped by the FDEP operating permit. The maximum hours allowed
are 12 hours per day, 7 days per week with the Air Curtain Incinerator (ACI) starting at dawn
and ending 30 minutes after sunset.
4. Lighting shall be dark sky compliant (flat panel, full cut off fixtures— backlight, uplight and
glare (BUG) rating where U = 0) to avoid light spill onto adjacent properties. The site light poles
shall not exceed a 25-ft mounting height.
5. Incinerators shall utilize thermal processing equipment (air curtain incinerators) per operating
permits issued by FDEP, "Outside of startup periods, visible emissions shall not exceed ten
percent (10%) opacity, six (6) minute average. During startup periods, which shall not exceed
the first thirty (30) minutes of operation, an opacity of up to thirty-five percent (35%),
averaged over a six (6) minute period, shall be allowed. [Rule 62-296.401(7) (b)1., F.A.C.]".
6. The applicant acknowledges that Collier County is proposing to add a new roadway corridor in
Me 2050 Long Range Transportation Plan (LRTP) that would extend across the
southern 200'+/- of the subject property. Should the roadway corridor be adopted in the 2050
LRTP, the applicant, or successor or assignee, agrees to cooperate with Collier County to
provide the land for the roadway corridor once a final alignment is determined. The corridor,
up to the southern 200+/- feet as determined by Collier County will be conveyed by road
easement, free and clear of all liens and encumbrances, to Collier County at fair market value
with a date of value being the date prior to this conditional use approval. The corridor will be
conveyed to the County by the owner within 60 days of the County's written request. Any
improvements constructed within the future roadway corridor will be relocated at the owner's
expense after conveyance of the road easement to Collier County and prior to construction of
the roadway. The owner will retain access rights to the roadway and will retain unimpeded and
equivalent access to the subject property before, during, and after the conveyance. Any
structure existing on the date of easement conveyance and located outside of the 200+/- feet
corridor that no longer meets LDC design standards will be non -conforming subject to LDC
Section 9.03.07.
April 8, 2025
Conditions of Approval-r5.docx
GradyMinor
a Pape -Dawson company
Page 1 of 2
Q. Grady -Minor and Associates, LLC
3800 Via Del Rey, Bonita Springs, FL 34i 34 • 239-947-1 144 • englneeringftrady�ninor.com • R�R.gradyminor.com
7. At the time of site improvement plan approval, the applicant shall submit an Emergency Action
Plan (EAP) per NFPA-1, Chapter 31.3.6.5 to include:
a. Adequate water supply system to be compliant for the operation (TBD).
b. The Property Owner shall comply with any and all applicable codes with an approved
Emergency Plan Agreement as determined by Immokalee Fire Rescue District/North
Collier Fire Life Safety Division and the Collier County Bureau of Emergency Services.
c. Proper vehicle access per NFPA-1 Ch. 18, 2021.
d. Proper pile storage and separation per NFPA-1 Ch. 31.
e. Yard sprinklers shall be added to the site. NFPA-1 Ch. 31.
f. No charging/operation shall take place when winds are greater than 15 mph for a
period of 20 minutes.
g. A fire alert system shall be in place during the evening hours.
The fire alert system will include the following
1. A system of 24/7 video cameras with motion detection and manager email notice, which
view the storage areas and processing areas.
2. Fire alarms which were recently installed by Integrated Fire Solutions.
3. A handheld infrared temperature gun.
4. A new Operation Log sheet that requires inspection of the site for flames and/or flying
embers.
5. Wetting of the surrounding area before the operator leaves the site.
6. The extinguishing of the embers, if seen, and direct communications to Immokalee Fire
District.
Aprii 8, 2025 Page 2 of 2
Conditions of Approval-r5.docx
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4!) Collier County
Growth Management Community Development
Housing Policy & Economic Development Division
September 25, 2024
Christopher Borgeson
ArborX, Inc
1793 Winding Oaks Way
Naples FL, 34109
C�KhAThK
Re: Collier County Fast Track Program —Project CARBO at 2951 SR 29, Immokalee, FL 34142 Parcel #
00139771200
Dear Mr. Borgeson,
The Collier County Housing Policy and Economic Development Division and the Greater Naples Chamber
of Commerce have reviewed your application to the Collier County Fast Track Program under Ordinance
M16-247.
Your application has been approved for participation in the program for this project at 2951 SR 29,
Immokalee FL, 34142 PID 00139771200. As per Exhibit A, D (Fast Track Requirements) of the Fast Track
ordinance, kindly provide this approval letter when submitting your applications for this project to the
Growth Management and Community Development Department.
If you have any questions, please contact the Collier County Housing Policy and Economic Development
Division or The Greater Naples Chamber of Commerce (contact information below).
Thank you.
Sloan Nagy
Cormac Giblin
1 �1
Director, Business and Economic Research Director, Housing Policy and Economic
Greater Naples Chamber of Commerce Development
239.403.2914 Collier County Government
239.252.2460
E)=
Housing Policy &Economic Development • 2800 N. Horseshoe Dr. Naples, Florida 34104