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Ordinance 2010-07 '. ORDINANCE NO. 10-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, 213 AS AMENDED, THE COLLIER COUNTY LAND OJ,,,O,\'\1 147$16' DEVELOPMENT CODE WHICH INCLUDES THE 'b ,,~ "~"~il!,, '<l> COMPREHENSIVE ZONING REGULATIONS FOR THE ~ ,'g ~~ ~'~ '$ UNINCORPORATED AREA OF COLLIER COUNTY, FLORI~'i\ ~ ~ I~ ~ ~o;: 1.1 ~ BY AMENDING THE APPROPRIATE ZONING ATLAS MAP o~,3 ~ ~ Ie. ~'J<1I, E MAPS BY CHANGING THE ZONING CLASSIFICATION OF'::;,~-- .-.J \ \\ . IV THE HEREIN DESCRIBED REAL PROPERTY FROM THE ~~~, '0' ~ \~:"o ><i,'\,(;i, INDUSTRIAL ZONING DISTRICT (I) AND AGRICULTURAL '0\- ~.O "<'(Ji?8U?;91/i''t WITH A MOBILE HOME OVERLAY ZONING DISTRICT (A- -"". ., (~~ MHO) TO THE AIRPORT OPERATIONS PLANNED UNIT '0>' tJ' ";3- ~\ -' DEVELOPMENT ZONING DISTRICT (AOPUD) FOR A Of<\ PROJECT TO BE KNOWN AS THE IMMOKALEE REGIONAL Y' AIRPORT OPERATIONS PLANNED UNIT DEVELOPMENT. THIS PROJECT PROPOSES TO ALLOW DEVELOPMENT OF A MAXIMUM OF 5,000,000 SQUARE FEET OF AVIATION AND NON-AVIATION DEVELOPMENT ON 1,484010 ACRES OF LAND LOCATED IN PORTIONS OF SECTIONS 25, 26, 27, 34, 35, 36, TOWNSHIP 46 SOUTH, RANGE 29 EAST, AND SECTIONS 2 AND 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier County Airport Authority (CCAA) and CDC Land Investments, Inc., represented by D. Wayne Arnold ofQ Grady Minor & Associates, Inc., petitioned the Board of County Commissioners to change the zoning classitication of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in portions of Sections 25, 26, 27, 34, 35, 36, Township 46 South, Range 29 East, and Sections 2 and 3, Township 47 South, Range 29 East, Collier County, Florida, is changed from the Industrial Zoning District (I) and Agricultural with a Mobile Home Overlay Zoning District (A-MHO) to the Airport Operations Planned Unit Development Zoning District (AOPUD) for a project to be known as the Immokalee Regional Airport Operations Planned Unit Development. This project proposes to allow PUDZ-2007-AR-12294 Rev. 1119/10 development on 1484010 acres of land in with accordance with Exhibits A-F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 2310 daYOf~,2010. ATTEST: DWIGHT E. ,BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ". ~..tLAx~ac Attest'a,~ ut;;I ~ 4ttMtwt. .l~ ,.' BY: '~t~ W. ( , FRED W. COYLE, Chair a . ' Approved as to fcrrrh and legal sutliciency: 4J.~;\ CliO eidi sliton-Clcko Section Chief, Land Use/Transportation " V ,v ,\i"y <" , '} \ Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: List of Allowable Uses Development Standards Table Master Plan Legal Description List of Requested Deviations Development Commitments Specific to the Project CP\07-CPS-00737\56 This ordinance flied with t"~ ~c;lJliory of ~'s Office the ~dayof ['la'V~ln and ocknowledgem!l'i!ttRf that :~1:~doY PUDZ-2007-AR-12294 Rev. 11]9/10 2 Exhibit A for Immokalee Regional Airport Airport Operations Planned Unit Development I. Airport Operations Tract The Airport Operations Tract of the Immokalee Regional Airport AOPUD is approximately 55!.9601o acres. A. Permitted Uses No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: I. Principal Uses a. Airport facilities, as defined in Section 18-38, Collier County Code of Laws and Ordinances (Groups 4512, 4513, 4522, 4581, 9621); b. Runways, up to 12,500 feet in length (Group 4581); c. Taxiways (Group 4581); d. Vehicle racing, limited to the existing 1/8 mile track length and associated racetrack activities and operations (Group 7948) if and only if the Growth Management Plan is amended to allow the use by right; e. Any other use that is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). 2. Accessory Uses a. Aircraft hangars; b. Administrative offices; c. Storage facilities, indoor and outdoor; d. Fueling facilities, for airplanes, equipment or any other use in conjunction with permitted uses only (above or below ground tanks); e. Navigational aids, including but not limited to control towers; f. Safety services (Groups 9221,9224,9711,9721) and essential service operations; g. Caretaker or on-site manager's residence; h. Essential services, in accordance with the Land Development Code (LDC) section 2.0 !.03; I. Retail sales and/or display areas as accessory to the principal use, excluding automotive sales and/or display areas, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use, and subject to retail standards for landscaping, parking and open space; J. Recreational vehicle campground and ancillary support facilities when in conjunction with temporary special events such as air shows and the like - applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.!. - C.6. of the Land Development Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two (72) consecutive hours; PUO document 12/17/09 cepe Immokalee Regional Airport AOPUD Page] of]] k. Recreational vehicle campground and ancillary support facilities when in conjunction with vehicle racing - applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.!. - C.6. of the LDC. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy- two (72) consecutive hours; and, l. Any other use that is comparable in nature with the foregoing list of permitted uses, as determined by the BZA according to the process described in the LDC. B. Conditional Use 1. Vehicle racing, including associated racetrack activities and operations (Group 7948). n. Industrial Development Tract: The Industrial Development Tract of the 1mmokalee Regional Airport AOPUD is approximately 692.0 II acres. A. Permitted Uses No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following listed uses, as defined in the Land Development Code and/or the 1987 Edition of the Standard Industrial Classification Manual: 1. Principal Uses a. All uses permitted in the Airport Operations Tract of this AOPUD; b. Agriculture, forestry and fishing (Groups 0111-0191, 0211-0291, 0711-0783); c. Construction (Groups 1521-1542, 1611-1629, 1711-1799); d. Manufacturing (Groups 2011-2099, 2211-2299, 2311-2399, 2431-2499, 2511- 2599,2611-2679,2711-2796,2812-2899 (except 2892),3011-3089,3111-3199, 3211-3231, 3251-3269, 3281-3299, 3312-3399, 3411-3479, 3491-3499, 3511- 3599,3612-3699,3711-3799,3812-3873,3911-3999); e. Local and suburban transit (Groups 4111-4173); f. Motor freight transportation and warehousing (Groups 4212-4231); g. U.S. Postal Service (Group 4311); h. Transportation by air (Groups 4512 - 4581); I. Transportation Services (Groups 4724-4789); j. Communications (Groups 4812-4899); k. Wholesale trade (Groups 5012-5099, 5111-5199) l. Services (Groups 7011, 7211-7299, 7311-7389, 7513-7549, 7622-7699, 7948, 7997,7999,8071,8072,8299,8322,8331,8399,8711-8748) m. Public administration (Groups 9111-9199, 9211-9229, 9411-9451, 9511-9532, 9611-9661,9711-9721) n. Public recreation areas (Group 7999); o. Essential services, in accordance with LDC Section 2.01.03; p. Any other use that is comparable in nature with the foregoing list of permitted principal uses, as determined by the BZA according to the process described in the LOC. PUD document 121 [7/09 cepe !mmokalce Regional Airport AOPUD Page 2 of13 2. Accessory Uses a. Aircraft hangars; b. Administrative offices; c. Storage facilities, indoor and outdoor; d. Fueling facilities, for airplanes, equipment or any other use in conjunction with permitted uses only (above or below ground tanks); e. Navigational aids, including but not limited to control towers; f. Safety services (Groups 9221, 9224, 9711, 9721); g. Caretaker or on-site manager's residence; and h. Essential services, in accordance with the Land Development Code (LDC) section 2.01.03; I. Retail sales and/or display areas as accessory to the principal use, excluding automotive sales and/or display areas, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use, and subject to retail standards for landscaping, parking and open space; J. Recreational vehicle campground and ancillary support facilities when in conjunction with temporary special events such as air shows and the like - applicable to the 1mmokalee Regional Airport only, and subject to the provisions of section 5.05.1O.C.1. - C.6. of the Land Development Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two (72) consecutive hours; k. Recreational vehicle campground and ancillary support facilities when in conjunction with vehicle racing - applicable to the 1mmokalee Regional Airport only, and subject to the provisions of section 5.05.1 O.c. I. - C.6. of the LDC. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy- two (72) consecutive hours; l. Garages; m. Carports; n. Guardhouses, gatehouses and access control structures; o. Temporary construction, sales and administrative offices; and, p. Any other use that is comparable in nature with the foregoing list of permitted uses, as determined by the BZA according to the process described in the LDC. III. Expansion Tract The Expansion Tract of the 1mmokalee Regional Airport AOPUD is approximately 103.0010 acres. A. Permitted Uses No building or structure, or part thereof, shall be erected, altered or uscd, in whole or in part, for other than the following listed uses, as defincd in the Land Development Code and/or the 1987 Edition of the Standard Industrial Classification Manual: I. Principal Uses a. Single-family dwelling; PUD document 12/17/09 cepe Immokalee Regional Airport AOPUD Page 3 of 13 b. Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native species subject to Florida Fish and Wildlife Conservation Commission permits; c. Dairying; d. Ranching; e. Poultry and egg production; f. Milk production; g. Livestock raising; h. Animal breeding, raising, training, stabling or kenneling; I. Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries; J. Conservation uses; k. Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures; I. Family care facilities, subject to scction 5.05.04; m. Communications towers up to specified height, subject to section 5.05.09; n. Essential services, as set forth in section 2.01.03; o. Schools, public, including "Educational plants."; p. Navigational aids; and, q. Any other use that is comparable in nature with the foregoing list of permitted uses, as determined by the BZA according to the process described in the LDC. 2. Accessory Uses a. Uses and structures that are accessory and incidental to the uses permitted as of right in the A district; b. Farm labor housing, subject to section 5.05.03; c. Rctail sale of fresh, unprocessed agricultural products, grown primarily on the property and subject to a review of traffic circulation, parking, and safety concerns pursuant to the submission of a sitc improvcment plan as provided for in section 10.02.03; d. Packinghouse or similar agricultural processing of farm products produced on the property subject to the following restrictions: i. Agricultural packing, processing or similar facilities shall be located on a major or minor arterial strect, or shall have access to an arterial street by a public street that does not abut properties zoned RSF-1 thru RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, MH, TTRVC and PUD or are residentially used. II. A buffer yard of not less than 150 fcet in width shall be provided along each boundary of thc site which abuts any residcntially zoned or used property, and shall contain an Altcrnativc B type buffer as defined within section 4.06.00. Such buffer and buffer yard shall be in lieu of front, side, or rear yards on that portion of the lot which abuts those districts and uscs identified in subsection 2.03.01 A.l.b. 4. i. above. III. The facility shall emit no noxious, toxic, or corrosive dust, dirt, fumes, vapors, or gases which can cause damage to human health, to animals or vegetation, or to other forms of property beyond the lot line of the use creating the emission. PUD document 12/17/09 cepe lmmokalee Regional Airport AOPUD Page4ofl] iv. A site development plan shall be provided in accordance with section 10.02.03. e. Excavation and related proceSSIng and production subject to the following criteria: i. The actIVIty is clearly incidental to the agricultural development of the property. ii. The affected area is within a surface water management system for agricultural use as permitted by the South Florida Water Management District (SFWMD). Ill. The amount of excavated material removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earthmining, pursuant to the procedures and conditions set forth in Chapter 10. f. Guesthouses, subject to section 5.03.03. g. Private boathouses and docks on lake, canal or waterway lots, subject to section 5.03.06. h. Use of a mobile home as a temporary residence while a permanent single-family dwelling is being constructed, subject to the following: i. Receipt of a temporary use permit from the Development Services Director, pursuant to section 5.04.04, that allows for use of a mobile home while a permanent single-family dwelling is being built; ii. Assurance that the temporary use permit for the mobile home will expire at the same time of the building permit for the single-family dwelling, or upon the completion of the single-family dwelling, whichever comes first; Ill. Proof that prior to the issuance of a final certificate of occupancy for the single-family dwelling, the mobile home is removed from the premises; and iv. The mobile home must be removed at the termination of the permitted period. \. Use of a mobile home as a residence in conjunction with bona tide agricultural activities subject to the following: i. The applicant shall submit a completed application to the site development review director, or his designee, for approval of a temporary use permit to utilize a mobile home as a residence in conjunction with a bona fide commercial agricultural activity as described in subsection 2.03.01 A.1.2. Included with this application shall be a conceptual plot plan of the subject property depicting the location of the proposed mobile home; the distance of the proposed mobile home to all property lines and existing or proposed structures; and, the location, acreage breakdown, type and any intended phasing plan for the bona tide agricultural activity. II. The receipt of any and all local, state, and federal permits required for the agricultural use and/or to place the mobile home on the subject site including, but not limited to, an agricultural clearing permit, building permit(s), ST permits, and the like. iii. The use of the mobile home shall be permitted on a temporary basis only, not to exceed the duration of the bona fide commercial agricultural activity for which the mobile home is an acccssory use. The initial temporary use permit may be issued for a maximum of three years, and may, upon submission of a written request accompanied by the applicable fee, be renewed annually thereafter provided that there is continuing operation of the bona fide commercial agricultural activities. PUD document 12/17/09 cepe Immokalee Regional Airport AOPUD Page 5 of 13 IV. The applicant utilizing, for the bona fide commercial agricultural activity, a tract of land a minimum of five acres in size. Any property lying within public road rights-of-way shall not be included in the minimum acreage calculations. v. A mobile home, for which a temporary use permit in conjunction with a bona fide commercial agricultural activity is requested, shall not be located closer than 100 feet from any county highway right-of-way line, 200 feet from any state highway right-of-way, or 500 feet from any federal highway right-of- way line. J. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or subdivision master plan for that development. Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and pJayfields. IV. Preserve Tract The Preserve Tract of the Immokalee Regional Airport AOPUD is approximately 137.03010 acres. A. Permitted Uses No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: I. Principal Uses a. Native vegetation preserve in accordance with approved deed of conservation easement; b. No structures may be permitted within the Preserve Tract. PUD document 12/17/09 cepe Immokalee Regional Airport AOPUD Page 6 of 13 Exhibit B for Immokalee Regional Airport Airport Operations Planned Unit Development Table 1 - Development Standards PRINCIPAL STRUCTURES Airport Operations Industrial Development Expansion Tract* ** Tract Tract Minimum Setback AOPUD Boundary 25 feet 25 feet 25 feet Tract Boundarv 10 feet 10 feet 10 feet Preserve Tract 25 feet 25 feet 25 feet Right-of-way 10 feet 10 feet 10 feet Maximum Zoned Height* 50 feet 50 feet 50 feet Maximum Actual Height* 55 feet 55 feet 55 feet Separation of Structures 15 feet 15 feet 15 feet (minimum) ACCESSORY STRUCTURES Minimum Setback AOPUD Boundary 10 feet 10 feet 10 feet Tract Boundarv o feet o feet o feet Preserve Tract 10 feet 10 feet 10 feet Right-of-wav 10 feet 10 feet 10 feet Maximum Zoned Height* 45 feet.. 45 feet.. 45 feet.. Maximum Actual Height. 50 feet.. 50 feet.. 50 feet.. Separation of Structures o feet o feet o feet (minimum) . All building heights shall be in accordance with this table and in compliance with FAA restrictions. Control towers and navigational equipment shall be exempt from maximum height limitations; however, they are subject to FAA requirements. Where development standards have not been listed, the Rural Agricultural zoning standards shall apply to property within the Expansion Tract. .. ... PUD document 12/17/09 cepe ImmokaJce Regional Airport AOPUD Page 7 of 13 I II lid ~ . w z o N ~~ "eU . ~W ~ Db C ~lf B Cl>- ~ aI z. " ~~ m ~ ~~ IE I- 101 II 11 L'~ _."'.......41, (f)tJ)(f)tJ)tJ) (/) WWWWW UJ a:::a::fja::a:: ~ ~~<~~ +l .n~~~;t! O!i N"'OO~ '<f. ~~a~N ",.............. 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I t ilB ~ ill I' Illll UU~ j j "...l'! j @:~ I 15 ~ c <!8 Exhibit D for Immokalee Regional Airport Airport Operations Planned Unit Development Legal Description A PARCEL OF LAND BEING LOCATED IN PORTIONS OF SECTIONS 25, 26, 27, 34, 35, AND 36 OF TOWNSHIP 46 SOUTH, RANGE 29 EAST AND PORTIONS OF SECTIONS 2 AND 3 OF TOWNSHIP 47 SOUTH, RANGE 29 EAST OF COLLIER COUNTY, CITY OF IMMOKALEE, FLORIDA; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 2, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, CITY OF IMMOKALEE, FLORIDA; THENCE RUN SOUTH 01 '49'03" EAST, FOR A DISTANCE OF 2,68061 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF COUNTY ROAD 846 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 88'58'33" WEST, ALONG SAID NORTH RIGHT-OF-WAY, FOR A DISTANCE OF 2,580,08 FEET: THENCE RUN NORTH 00'37'52" WEST, FOR A DISTANCE OF 2,686.19 FEET TO A POINT ON THE TOWNSHIP LINE OF TOWNSHIP 46 SOUTH AND TOWNSHIP 47 SOUTH; THENCE RUN SOUTH 89'01'33" WEST, ALONG SAID TOWNSHIP LINE, FOR A DISTANCE OF 351,68 FEET; THENCE RUN NORTH 27'58'56" WEST, FOR A DISTANCE OF 856.22 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE RUN ALONG SAID SOUTHEASTERLY LINE FOR THE FOLLOWING TWO(2) COURSES; 1) NORTH 15'06'23" EAST, FOR A DISTANCE OF 207,92 FEET; 2) NORTH 15'28'01" EAST, FOR A DISTANCE OF 6,020,10 FEET TO A POINT ON THE SOUTH QUARTER SECTION LINE OF SECTION 27, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN NORTH 88'52'49" EAST, ALONG SAID SOUTH LINE, FOR A DISTANCE OF 1,636,79 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 27: THENCE RUN NORTH 89'35'07" EAST, ALONG THE SOUTH QUARTER SECTION LINE OF SECTION 26, TOWSNHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 2,658,08 FEET TO A POINT ON THE NORTH-SOUTH SECTION LINE OF SAID SECTION 26: THENCE CONTINUE NORTH 89'35'19" EAST, ALONG SAID SOUTH QUARTER SECTION LINE, FOR A DISTANCE OF 2,658,01 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 26: THENCE RUN NORTH 89'52'18" EAST, ALONG THE SOUTH QUARTER SECTION LINE OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 29 EAST. COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 1,323,54 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 25: THENCE RUN SOUTH 00'37'21" EAST, ALONG THE WEST QUARTER SECTION LINE OF SAID SECTION 25, FOR A DISTANCE OF 1,350,17 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 25; THENCE RUN SOUTH 00'33'18" EAST, ALONG THE WEST QUARTER SECTION LINE OF SECTION 36, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 373,51 FEET; THENCE RUN NORTH 88'11'48" EAST FOR A DISTANCE OF 2,544.75 FEET; THENCE RUN SOUTH 01'48'12" EAST FOR A DISTANCE OF 1,750.00 FEET; THENCE RUN SOUTH 88'11'48" WEST FOR A DISTANCE OF 2,582.89 FEET TO A POINT ON THE WEST QUARTER SECTION LINE OF SECTION 36, TOWNSHIP 46 SOUTH, RANGE 29 EAST; THENCE RUN SOUTH 00'33'18" EAST FOR A DISTANCE OF 528.62 FEET TO A POINT ON THE EAST-WEST SECTION LINE OF SAID SECTION 36: THENCE RUN NORTH 89'57'51" WEST ALONG SAID EAST-WEST LINE, FOR A DISTANCE OF 1,325,57 FEET TO A POINT ON THE EAST LINE OF SECTION 35, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89'01'27" WEST, ALONG THE EAST-WEST SECTION LINE OF SAID SECTION 35, FOR A DISTANCE OF 1,982,31 FEET; THENCE RUN SOUTH 00'18'39" WEST, FOR A DISTANCE OF 665.62 FEET; THENCE RUN SOUTH 88'52'25" WEST, FOR A DISTANCE OF 686.43 FEET TO A POINT ON THE NORTH-SOUTH SECTION LINE OF SAID SECTION 35; THENCE RUN SOUTH 00'03'26" EAST, ALONG SAID NORTH-SOUTH LINE, FOR A DISTANCE OF 1,334.66 FEET; THENCE RUN SOUTH 88'37'37" WEST, FOR A DISTANCE OF 1,348,53 FEET TO A POINT ON THE WEST QUARTER SECTION LINE OF SAID SECTION 35: THENCE RUN SOUTH 00'12'19" WEST, FOR A DISTANCE OF 670,12 FEET TO A POINT ON THE EAST-WEST TOWNSHIP LINE OF TOWNSHIP 46 SOUTH AND TOWNSHIP 47 SOUTH, ALSO BEING THE SOUTH LINE OF PUD document 12117/09 cepe lmmokalee Regional Airport AOPUD Page 9 of 13 SAID SECTION 35; THENCE RUN SOUTH 01001'06" EAST, ALONG THE WEST QUARTER SECTION LINE OF SECTION 2, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 1,337,64 FEET TO A POINT ON THE NORTH QUARTER SECTION LINE OF SAID SECTION 2: THENCE RUN SOUTH 88023'05" WEST, ALONG SAID NORTH QUARTER SECTION LINE, FOR A DISTANCE OF 666.72 FEET; THENCE RUN SOUTH 01024'24" EAST, FOR A DISTANCE OF 1,338.87 FEET TO A POINT ON THE AFOREMENTIONED NORTH RIGHT-OF-WAY OF COUNTY ROAD 846; THENCE RUN SOUTH 88016'17" WEST, ALONG SAID NORTH RIGHT-OF-WAY, FOR A DISTANCE OF 657,11 FEET TO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED, 1.48430 ACRES, MORE OR LESS, PUD document 12/l7109 cepe Immokalee Regional Airport AOPUD Page IOof 13 Exhibit E for Immokalee Regional Airport Airport Operations Planned Unit Development Deviations from the Land Development Code I. Deviation I seeks relief from LDC Section 3.05.10 which regulates littoral plantings to allow water quality to be met according to SFWMD regulations. 2. Deviation 2 seeks relief from LDC Section 4.05.08 which requires bicycle parking to allow secured access facilities or sites that will have access to the taxiways of the airport to be exempt from the requirement. 3. Deviation 3 seeks relief from LDC Section 5.05.08 which requires all sides of all buildings to meet primary fayade/architectural design standards to allow buildings within the Airport Operations Tract and all aviation-related structures to be exempt from the requirement and to allow all other buildings to have primary fayade requirements only on sides that face a roadway accessible to the general public. 4. Deviation 4 seeks relief from LDC Sections 5.06.01-5.06.07 which restricts the number, type and location of signs to allow additional on-site signs as though the property were subdivided and Airpark Boulevard were a platted right-of-way, and to allow roof signs as a permitted sign type. 5. Deviation 5 seeks relief from LDC Section 4.06.03, which contains landscape requirements for vehicular use areas and rights-of-way, to require an area equal to ten percent of paved, marked automobile parking spaces only to be planted with vegetation to be maintained at less than 36 inches in height. No trees will be required. This deviation shall apply only to development within airport areas associated with aircraft movements. 6. Deviation 6 seeks relief from LDC Subsection 4.06.05.B which requires one canopy tree per 3,000 square feet of pervious surface to waive this requirement. This deviation shall apply only to development within airport areas associated with aircraft movements. PUD document 12/17/09 cepe Irnmokalee Regional Airport AOPUD Page 11 of 13 Exhibit F for Immokalee Regional Airport Airport Operations Planned Unit Development List of Developer Commitments and Planning Considerations A. Planning/Transportation 1. No industrial development shall occur on the approximately 103 acres area presently designated outside the Immokalee Urban boundary until such time as the 1mmokalee Future Land Use map is amended to designate this property to a land use category allowing such development. 2. If a comprehensive plan amendment is sought to allow development within the Expansion Tract that could allow increased trip generation for the AOPUD, then the potential traffic impacts shall require additional analysis for consistency with Policy 5.1 of the Transportation Element of the GMP. 3. The developer shall submit a Traffic Impact Statement (TIS) consistent with the TIS guidelines for each development application (SDP, SDPA, PPL, etc) within the AOPUD whether that tract may be exempt from concurrency or not. At the time each traffic study is approved, the developer of each forthcoming project shall be responsible to identify and remediate any operational deficiencies caused by that project. Additionally, the developer of those land uses being proposed within this zoning district that are subject to concurrency shall be required to addrcss capacity issues on the adjacent roadway network. 4. No industrial development shall be permitted on the Expansion Tract. B. Environmental 1. All preserve tracts shall be labeled as common areas on the Site Development Plan with perpetual responsibility for maintenance by the Collier County Airport Authority (CCAA). The minimum required native vegetation will be maintained in its natural or permitted state. Activities prohibited within the preserve include, construction or placing of buildings on or above the ground; dumping or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation with the exception of exotic/nuisance vegetation removal; excavation, dredging or removal of soil material, diking or fencing; and any other activities detrimental to drainage; flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation. The county shall record a declaration of easement of the preserve tract upon the first SDP approval. 2 Provide a report to the Environmental Services staff on the results of the relocation of the gopher tortoises within thirty days of relocation. The report must contain the following information: the number of burrows excavated, the number of tortoises relocated, and the final relocation site. pun document 12/17/09 cepe hnmokalce Regional Airport AOPUD Page 12of13 3. Prior to approval of the next development order for any portion of the subject site, the developer shall complete the following: a. Provide an updated listed species survey; and b. Provide Florida black bear, Big Cypress fox squirrel, and burrowing owl management using the most recent FWC telemetry points for Florida black bear and wading bird rookeries; and c. Provide a gopher tortoise relocation management plan. 4. The Collier County Airport Authority shall resume the prescribed burns within the upland management area in accordance with the approved biological opinion issued by the U.S. Fish and Wildlife Service for the Florida scrub-jay. 5. Collier County shall insure compliance with the scrub-jay management plan at the time of next development order approval. 6. No new structures, or expansion of access roads in the Preserve Tract shall be permitted. PUD document 12117/09 cepe Imrnokalee Regional Airport AOPUD Page 13of13 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010-07 Which was adopted by the Board of County Commissioners on the 23rd day of February, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of February, 2010. DWIGHT E. BROCK ( Clerk of Courts anqClerk Ex-officio to Board of County Commissionars ~ -' < .....:- ~ da\O.kQ~(' By: Ann Jennejohn, Deputy Clerk