Backup Documents 06/26/2012 Item #17GMartha S. Vergara 17G
From:
NeetVirginia <VirginiaNeet @colliergov.net>
Sent:
Friday, June 08, 2012 4:38 PM
To:
CilekCaroline; Minutes and Records; Patricia L. Morgan
Cc:
Ashton, Heidi; Wells, Laura; Rodriguez, Wanda
Subject:
RE: Legal Ad for BCC Hearing on June 26th
Attachments:
Advertising Request.docx
Caroline:
I have attached a blank ad request form which may help. Fill in the highlighted portions and your administrator needs to
sign. Please call if you need help.
Dinny
--------------------------------------------------------------------------
--------------------------------------------------------------------------
Virginia A. Neet, Legal Assistant
Office of the Collier County Attorney
Telephone (239) 252 -8066 - Fax (239) 252 -6600
Under Florida Law, e -rnail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send
electronic rnail to this entity. Instead, contact this office by telephone or in writing.
From: CilekCaroline
Sent: Friday, June 08, 2012 4:33 PM
To: Minutes and Records; Trish L. Morgan
Cc: NeetVirginia; AshtonHeidi; WeIlsLaura; RodriguezWanda
Subject: RE: Legal Ad for BCC Hearing on June 26th
Ok, I will have that for you on Monday.
Thanks,
Caroline
Caroline Cilek, M.S.
Senior Planner
Collier County
Growth Management Division
2800 N. Horseshoe Drive
Naples, FL 34104
Phone: 239 -252 -2485
From: Martha S. Vergara [ mai Ito: Martha.Vergara @colIierclerk.com1 On Behalf Of Minutes and Records
Sent: Friday, June 08, 2012 4:32 PM
To: CilekCaroline; Trish L. Morgan
Cc: NeetVirginia; AshtonHeidi; WeIlsLaura; RodriguezWanda
Subject: RE: Legal Ad for BCC Hearing on June 26th
Caroline,
i
17,G nee
Our office will be need the original ad request form with your Department Head Dess
Signature approving the expenditures. The form was created in conjunction with the County
Attorney's Office, County Manager's Office, the then CDES (now GMD) along with the Clerk's
Office so that all required information was on the form.
Thanks,
Martha
From: CilekCaroline [mailto:CarolineCilek @ collierQov.netl
Sent: Friday, June 08, 2012 3:44 PM
To: Minutes and Records
Cc: Rodriguez, Wanda; Ashton, Heidi; Neet, Virginia; Wells, Laura
Subject: Legal Ad for BCC Hearing on June 26th
Minutes and Records,
Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for
approval prior to processing.
I've modified a Request Form utilized by the Planning Department and have included the PO# and other info on it.
Please let me know if you have any questions.
Thanks!
Caroline
Caroline Cilek, M.S.
Senior Planner
Collier County
Growth Management Division
2800 N. Horseshoe Drive
Naples, FL 34104
Phone: 239 - 252 -2485
Under Florida Law. e -mail addresses are public records. It you do not want your e -mail address released in response to a public records request, do not send
electronic mail to this entity. Instead. contact this office by telephone or in writing.
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
Originating Dept/ Div: Land Development Services Person: Caroline Cilek Date: June 8, 2012
Petition No. (If none, give brief description): None
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 5 + days before hearing.) Friday, June, 15, 2012 (NOTICE TO RUN
NO LATER THAN Tuesday June 19, 2012)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text: (Include legal description & common location & Size:
Please publish the following public notice, for a Display ad,' /. page, with maps, in your edition of Friday, June 15,
2012. The advertisement must be at least two columns wide x 10 inches long, and the headline in the advertisement
must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper
where legal notices and classified advertisements appear. Please furnish proof of publication of each advertisement to the
Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North
Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek
Please see attached documents for legal description and map.
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑ Yes X No If Yes, what account should be charged for advertising costs:
Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131- 138909- 634999; Purchase Order
Number: 4500135130; Account Number: 068779
ie d by:
�- rs -tioct- • � —�P /l �Z-
ivision Administrator or Designee Date
List Attachments: Proposed Ordinance
P.O. # 4500135130
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE
Date Received: Date of Public hearing: `v Date Advertised:
"
17G '
June 8, 2012
Naples Daily News
1100 Immokalee Road
Naples, FL 34110
ATTENTION: LEGAL ADVERTISING
Please publish the following public notice, for a Display ad, '/4 page, with maps, in your edition of
Friday, June 15, 2012. The advertisement must be at least two columns wide x 10 inches long, and
the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must
not be placed in that portion of the newspaper where legal notices and classified advertisements appear.
Please furnish proof of publication of each advertisement to the Collier County Growth Management
Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive,
Naples, Florida 34104, Attention: Caroline Cilek
June 26, 2012
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE OF LAND DEVELOPMENT CODE CHANGE
LDC AMENDMENT CYCLE 2012 -1
Notice is hereby given that on Tuesday, June 26, 2012, in the Board of County Commissioners Meeting
Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples,
Florida 34112, the Collier County Board of County Commissioners will consider amendments to the
Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the
proposed ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER
TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03
ESSENTIAL SERVICES, TO ADD AVIATION USES AS A PERMITTED
USE IN THE CONSERVATION ZONING DISTRICT ON LANDS
ADJACENT TO THE MARCO ISLAND EXECUTIVE
AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES.
The map below shows the areas affected by the changes to the allowed Essential Services in
Section 2.03.01 of the LDC in the Conservation zoning district, which abuts the Marco Island
Executive Airport.
[insert map here]
All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available
for public inspection in the Zoning and Land Development Review Section, Growth Management Division,
17G
2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday
through Friday.
Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth
Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled
hearing.
If a person decides to appeal any decision made by the Collier County Board of County
Commissioners with respect to any matter considered at such meeting or hearing, he will need a record
of the proceedings, and for such purpose he 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 to be
based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL
34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioner's Office.
Collier County Board of County Commissioners
Collier County, Florida
Fred W. Coyle, Chairman
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Acct #068779
June 11, 2012
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34112
Re: BCC- LDC Amendment Cycle 2012 -1 w/Map (Display Ad)
Marco Island Executive Airport
Dear Legals:
Please advertise the above referenced notice on Friday, June 15, 2012, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500135130
17G -F-1
June 8, 2012
Naples Daily News
1100 Immokalee Road
Naples, FL 34110
ATTENTION: LEGAL ADVERTISING
Please publish the following public notice, for a Display ad, 1/4 page, with maps, in
your edition of Friday, June 15, 2012. The advertisement must be at least two
columns wide x 10 inches long, and the headline in the advertisement must be in a
type no smaller than 18 point. The advertisement must not be placed in that portion of
the newspaper where legal notices and classified advertisements appear. Please
furnish proof of publication of each advertisement to the Minutes and Records
Department, 3299 Tamiami Trail E., Suite 401, Naples, FL 34112
Martha S. Veraara 17G
From: Martha S. Vergara
Sent: Monday, June 11, 2012 8:41 AM
To: Naples Daily News Legals
Subject: Marco Island Exec. Airport - LDC Amendments 2012 -1
Attachments: LDC Amendments Cycle 2012 -1 (Marco Island Exec. Airport 6- 12- 12).doc; LDC
Amendment Cycle (Marco Island Exec. Airport - 06- 26- 12).doc; LDC Amendment (Marco
Island Exec. Airport - 6- 26- 12).pdf
Legals,
Please advertise the following attached ad on Friday, June 15, 2012 (Display Ad w /Map).
Please forward an ok when received.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252 -7240
Fax: (239) 252 -8408
E- inail: martha.vergara@collierclerk.com
17G
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE OF LAND DEVELOPMENT CODE CHANGE
LDC AMENDMENT CYCLE 2012 -1
Notice is hereby given that on Tuesday, June 26, 2012, in the Board of County Commissioners Meeting
Room, P Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples,
Florida 34112, the Collier County Board of County Commissioners will consider amendments to the
Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the
proposed ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER
TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03
ESSENTIAL SERVICES, TO ADD AVIATION USES AS A PERMITTED
USE IN THE CONSERVATION ZONING DISTRICT ON LANDS
ADJACENT TO THE MARCO ISLAND EXECUTIVE
AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES.
The map below shows the areas affected by the changes to the allowed Essential Services in
Section 2.03.01 of the LDC in the Conservation zoning district, which abuts the Marco Island
Executive Airport.
[insert map here]
All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available
for public inspection in the Zoning and Land Development Review Section, Growth Management Division,
2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday
through Friday.
Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth
Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled
hearing.
If a person decides to appeal any decision made by the Collier County Board of County
Commissioners with respect to any matter considered at such meeting or hearing, he will need a record
of the proceedings, and for such purpose he 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 to be
based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL
17G
34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioner's Office.
Collier County Board of County Commissioners
Collier County, Florida
Fred W. Coyle, Chairman
DWIGHT E. BROCK, CLERK
By: Martha Vergara
Deputy Clerk (SEAL)
17G
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NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publicati(
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the aut
appeared Barbara Boyer, who on oath says
the Sales Coordinator of the Naples Daily N
newspaper published at Naples, in Collier
distributed in Collier and Lee counties of Fll
attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in th
on June 15th, 2012
Affiant further says that the said Naples Daily News is a
published at Naples, in said Collier County, Florida, and tl-
newspaper has heretofore been continuously published in!
County, Florida; distributed in Collier and Lee counties o
each day and has been entered as second class mail matte
office in Naples, in said Collier County, Florida, for a
year next preceding the first publication of the attache
advertisement; and affiant further says that he has neith
promised any person, firm or corporation any discou
commission or refund for the purpose of securing this adv
public in in the said newspap
F �!l f
Signature of affiant)
tand subscr' d before me day of u , 012
(Signature of notary public)
,tiy ay,. CAROL PAWLINSKI
MY COMMISSION # EE 45538
�•. a EXPIRES: November 28, 2014
Bonded Thru Pichard Insurance Agency
17G
COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS
NOTICE OF LAND DEVELOPMENT
CODE CHANGE
LDC AMENDMENT CYCLE 2012 -1
Notice is hereby given that on Tuesday, June 26, 2012, in the Board of County Commissioners Meet-
ing Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples,
Florida 34112, the Collier County Board of County Commissioners will consider amendments to
the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the
proposed ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOP-
MENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCOR-
PORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO - ZON-
ING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, TO ADD AVIATION
USES AS A PERMITTED USE IN THE CONSERVATION ZONING DISTRICT ON LANDS ADJACENT TO
THE MARCO ISLAND EXECUTIVE AIRPORT, SECTION FOUR, CONFLICT AND SEVERABILITY; SEC-
TION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATES.
The map below shows the areas affected by the changes to the allowed Essential Services in Section 2.03.01 of
the LDC in the Conservation zoning district, which abuts the Marco Island Executive Airport.
I. sRORES/ CONSERVATION PROPERTY ABUTTING
r,DD�ER•s giEER MARCO ISLAND EXECUTIVE AIRPORT
C ]3 Z4 19
M RCD SHDRE9 / i1DD�ER'S CREEK
DRI)
m�
°v
SHDRER .
28 CW «uR
28 ze 30
2]
33
35 36 31
`IU�J
�o
v, , "
All interested parties are invited to appear and be heard. Copies of the proposed ordinance are avail-
able for public inspection in the Zoning and Land Development Review Section, Growth Management
Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M.,
Monday through Friday.
Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth
Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled
hearing.
If a person decides to appeal any decision made by the Collier County Board of County Commis-
sioners with respect to any matter considered at such meeting or hearing, he will need a record of the
proceedings, and for such purpose he 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 to be based.
If you are a person with a disability who needs any accommodation in order to participate in this pro-
ceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL
34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioner's Office.
Collier County Board of County Commissioners - Collier County, Florida
Fred W. Coyle, Chairman
DWIGHT E. BROCK, CLERK
By: Martha Vergara - Deputy Clerk (SEAL)
No. 240192906 - _ __ _ __ June 15. 2012
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
17G
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1. Judy Puig
GMD Planning &
Regulation/Operations
(Initial)
Applicable)
2.
June 26, 2012
Agenda Item Number
17.G
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Ordinance
Number of Original
1
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Documents Attached
(e
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Caroline Cilek
Phone Number
252 -2485
Contact
appropriat e.
(Initial)
Applicable)
Agenda Date Item was
June 26, 2012
Agenda Item Number
17.G
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Ordinance
Number of Original
1
Attached
201 2 - 'L5
Documents Attached
INSTRUCTIONS & CHECKLIST
l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriat e.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
! nT
document or the final negotiated contract date whichever is applicable.
t
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 6/26/2012 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes, if applicable.
l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
17G
MEMORANDUM
Date: July 13, 2012
To: Carolina Cilek, Sr. Planner
GMD /Zoning
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Validated Ordinance 2012 -25
Enclosed please find one copy of the document, as referenced above, (Agenda
Item #17G), adopted by the Board of County Commissioners on June 26,
2012.
If you should have any questions, please call 252 -8411.
Thank you.
Enclosure
17G
MEMORANDUM
Date: July 13, 2012
To: Ernie Kerskie, Director
Office of the Property Appraiser
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Validated Ordinance 2012 -22, 2012 -23, 2012 -24, 2012 -25 and
2012 -26
Attached for your records is a copy of the documents referenced above, adopted by
the Board of County Commissioners on Tuesday, June 26, 2012.
If you have any questions, please contact me at 252 -8411.
Thank you.
Attachment
17G
ORDINANCE NO. 12 -25
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER
TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03
ESSENTIAL SERVICES, TO ADD AVIATION USES AS A PERMITTED
USE IN THE CONSERVATION ZONING DISTRICT ON LANDS
ADJACENT TO THE MARCO ISLAND EXECUTIVE
AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91 -102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04 -41, which repealed and superseded Ordinance No. 91 -102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar year
unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this amendment to the LDC is part of the first amendment cycle for the
calendar year 2012; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97 -177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97 -177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on June 12, 2012 and June 26, 2012 and did take action
concerning these amendments to the LDC; and
Page 1 of 7
Words stFucfoug n are deleted, words underlined are added
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WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act "), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
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5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP ") as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan, or element or portion thereof
shall be consistent with such comprehensive plan or element or portion thereof.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities in the comprehensive plan and if it meets all other criteria enumerated by the local
government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91 -102 was recodified and superseded by Ordinance 04 -41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
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and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: AMENDMENTS TO SECTION 2.01.03 ESSENTIAL SERVICES OF THE
LAND DEVELOPMENT CODE
Section 2.01.03, Essential Services, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.01.03 - Essential Services
Essential services are hereby defined as services designed and operated to provide
water, sewer, gas, telephone, electricity, cable television or communications to the general
public by providers which have been approved and authorized according to laws having
appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning
district subject to the following conditions:
A. The following uses shall be deemed permitted uses in all zoning districts, except CON
districts, RFMU sending lands, NRPAS, HSAS, and FSAS:
1. Water lines and sewer lines;
2. Natural gas lines, except those associated with oil extraction and related
processing operations as defined in this Code and regulated under applicable
federal and state law;
3. Telephone lines, telephone switching stations, and cable television lines;
4. Communication towers, limited to those providing wireless emergency telephone
service, subject to all applicable provisions in section 5.05.09 of this Code;
5. Electrical transmission and distribution lines, substations, and emergency power
structures;
6. Sewage lift stations and water pumping stations;
7. Essential service wells (including extraction facilities and requisite ancillary
facilities);
8. Any other wells which have been or will be permitted by the South Florida Water
Management District or the Florida Department of Environmental Protection
either prior to or subsequent to the effective date of this ordinance, or if the
respective well and /or well related facility is otherwise required to be installed or
constructed by law. If any proposed well is a Collier County owned well under the
permitting jurisdiction of a Florida agency, staff, early in the County's well permit
application process, shall post sign(s) at the County's proposed well site(s) and
shall provide written notice that the County has applied for a required well permit
to property owners within 300 feet of the property lines of the lots or parcels of
land on which the applied -for well is being sought by the County, including, if
applicable, the times and places of the permitting agency's scheduled public
hearings; and
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9. Conservation Collier lands which provide for permitted nondestructive, passive
natural resource based recreational and educational activities, exclusive of major
improvements. Permitted minor improvements shall be limited to one (1) ground
sign, not to exceed eight (8) feet in height with a maximum sign area of thirty -
two (32) square feet; a parking area, not to exceed twenty (20) parking spaces;
hiking trails; a fully accessible trail or trail section; educational kiosks not to
exceed one hundred (100) square feet; and public restroom facilities not to
exceed five hundred (500) square feet. The provisions for Conservation Collier
lands in this Code do not affect the underlying zoning districts or land use
designations in any district where Conservation Collier lands are established.
Such that no expansion or diminution of the various zoning district permitted uses
is intended or implied by these provisions, except as stated above with respect to
minor improvements. Oil and gas exploration as defined and regulated in this
Code remains a permitted use on or beneath Conservation Collier lands
established in any zoning district providing for oil and gas exploration as a
permitted use pursuant to subsection 2.03.09 B.1.a.viii.
B. Permitted Essential services t# in CON districts, RFMU sending lands, NRPAs,
HSAs, and FSAs.
1. Within CON districts, Sending Lands in the RFMU district, NRPAs, and within
designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas
(FSA) within the RLSA overlay district subject to the limitations set forth in
section 4.08.08 C., the following essential services are permitted:
a. Private wells and septic tanks;
b. Utility lines, except sewer lines;
C. Sewer lines and lift stations, only if located within already cleared portions
of existing rights -of -way or easements, and necessary to serve a
publicly owned or privately owned central sewer system providing service
to urban areas; or the Rural Transition Water and Sewer District, as
delineated on the Urban -Rural Fringe Transition Zone Overlay Map in the
Future Land Use Element of the GMP; and,
d. Water pumping stations necessary to serve a publicly owned or privately
owned central water system providing service to urban areas; or the Rural
Transition Water and Sewer District, as delineated on the Urban -Rural
Fringe Transition Zone Overlay Map in the Future Land Use Element of
the GMP.
e. Conservation Collier lands which provide for permitted nondestructive,
passive natural resource based recreational and educational activities,
exclusive of major improvements. Permitted minor improvements shall be
limited to one (1) ground sign, not to exceed eight (8) feet in height with
a maximum sign area of thirty -two (32) square feet; a parking area, not to
exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or
trail section; educational kiosks not to exceed one hundred (100) square
feet; and public—... restroom facilities not to exceed five hundred (500)
square feet. The provisions for Conservation Collier lands in this Code
do not affect the underlying zoning districts or land use designations in
any district where Conservation Collier lands are established, such that
no expansion or diminution of the various zoning district permitted uses is
intended or implied by these provisions, except as stated above for minor
improvements. Oil and gas exploration as defined and regulated in this
Code remains a permitted use on or beneath Conservation Collier
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lands established in the CON zoning district providing for oil and gas
exploration as a permitted use subject to subsection 2.03.09 B.1.a.viii.
f. Aviation related uses as approved in the September 11, 2001
Memorandum of Understanding between Collier County Airport Authority
and the Intervenor Signatories to the Deltona Settlement Agreement (July
20, 1982), including The Conservancy of Southwest Florida, The National
Audubon Society, The Florida Audubon Society, The Environmental
Defense Fund, Izaak Walton League, Florida Division, The Florida
Department of Environmental Protection, The South Florida Water
Management District, The Florida Department of Community Affairs, The
Deltona Corporation, and Collier County.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding Section not affect the validity of
the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re- lettered to accomplish such, and the word 'ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State,
Tallahassee, Florida.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
.µ
County, Florida, this 2� day of June, 2012.
ATTEST:
DWIGHT -E ,CLERK
4ty Clerk
Approvej` taiok"and
legal sufficiency:
t��L n /� U
( CL� 0
Heidi Ashton - Cicko, Esquire �1
Managing Assistant County Attorney
11- COA- 01412\28
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
I .
By: N
FRED W. COYLE, Chair n
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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 2012 -25
which was adopted by the Board of County Commissioners
on the 26th day of June, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of June, 2012.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Board of
County Commissioners
y
C!B Teresa Cannon, t'•,
Deputy Clerk
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