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Backup Documents 10/22/2019 Item #17A 1 7 A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Originating Dept/Div: GMD/Zoning, Person:Jeremy Frantz Planner Date:September 24,2019 Petition No.(If none,give a brief description): PL20180001993 Petitioner:(Name&Address): Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,October 22,2019, (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500182060 Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: Date: q' on Adm istrator or Designee List Attachments: 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 documents 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 Original B. Other hearings:Initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFF CE / r Date Received 1 1 VC1 Date of Public Hearing i /it?iI? ft° 9, Date Advertised ` 9 1 7 A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on October 22,2019,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance.The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: RECOMMENDATION TO APPROVE 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,TO AMEND THE AIRPORT ZONING MAPS FOR NAPLES MUNICIPAL AIRPORT, MARCO ISLAND EXECUTIVE AIRPORT, EVERGLADES AIRPARK, AND IMMOKALEE AIRPORT; TO ADD A REVIEW PROCESS FOR AIRSPACE OBSTRUCTIONS; TO ADD AIRPORT LAND USE RESTRICTIONS;TO ALLOW ADDITIONAL PRICING SIGNAGE FOR FACILITIES WITH FUEL PUMPS AND TO ALLOW ELECTRONIC FUEL PRICING SIGNS;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 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR—SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.06 STANDARDS FOR DEVELOPMENT IN AIRPORT ZONES; CHAPTER FIVE — SUPPLEMENTAL STANDARDS,INCLUDING SECTION 5.05.05 FACILITIES WITH FUEL PUMPS,SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.06 PROHIBITED SIGNS; AND APPENDIX D AIRPORT ZONING;SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHAIRMAN CRYSTAL K KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: /s/Patricia Morgan Deputy Clerk(SEAL) 17A 1 =P oa, bg 11 .., IF Fr a a B r 8 Y L coL Q 0 V 09. ul a 0) N CD d •O co N N A L C CDa J 30 c L.d H Q' W 1 7 A • • a • S 0 v. a • • • • �ry • • • • • ry y • • • • . • Mm Is 1,s 0 e e ® • .. aas aseD © R 0 0 x o A ., S R p Q v O 6i d •d r CD .� N ..le �- R A e Ao o J 33 mac/ E _ r LL E R A 8 17A A W .e4 a V 0l `-N 2 0 ! aJ —� � �u, ai d _ w 1 A I s C 4„A. "PS°as e e o • o I = 1 • • • • • • I Mil e = ; S 0 0 op ._. ...... • I • • . . DAIBw n.o MX= !'Imoz 0m a t ', a o R L BaIdD0. • 47) d O > A x i/ ^ V as V W 1 7 A A M N - s � c" p F { s 8 5 I at OA 2 O In G o OM6u.4:9.N.i !WV 0 g IIIITIIIIIII W13 GM ° 8 0 17191 Ohl aouDawi 8 0 0 6 ® B F I I . 0 HP , 13 . ! i is ... 9IMSTN . li . . . O LU 0 Oi t N C a A v O QLU L 2 N a+ N Q O (.) , 4) uN) c d J 3 c a o CI) ca N ~ Z 17A DRAFT 8/27/19 ORDINANCE NO. 19 — 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, TO AMEND THE AIRPORT ZONING MAPS FOR NAPLES MUNICIPAL AIRPORT, MARCO ISLAND EXECUTIVE AIRPORT, EVERGLADES AIRPARK, AND IMMOKALEE AIRPORT; TO ADD A REVIEW PROCESS FOR AIRSPACE OBSTRUCTIONS; TO ADD AIRPORT LAND USE RESTRICTIONS; TO ALLOW ADDITIONAL PRICING SIGNAGE FOR FACILITIES WITH FUEL PUMPS AND TO ALLOW ELECTRONIC FUEL PRICING SIGNS; 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 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.06 STANDARDS FOR DEVELOPMENT IN AIRPORT ZONES; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05 FACILITIES WITH FUEL PUMPS, SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.06 PROHIBITED SIGNS; AND APPENDIX D AIRPORT ZONING; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. 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 Page 1 of 30 Words struck through are deleted,words underlined are added 17A DRAFT 8/27/19 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 Collier County Planning Commission, sitting as the land planning agency, did hold advertised public hearings on February 7, 2019, March 7, 2019, May 16, 2019, and August 7, 2019, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on , 2019, and did take action concerning these amendments to the LDC; and 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. Page 2 of 30 Words struck stfuelk-tlifeugh are deleted,words underlined are added 1 7 A DRAFT 8/27/19 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. 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 shall be consistent with such comprehensive plan or element as adopted. 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, 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. 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. Page 3 of 30 Words struck through are deleted,words underlined are added 17A DRAFT 8/27/19 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 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: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3. .AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * C. Airport Overlay (APO). The purpose and intent of the {APO} district is to provide both airspace protection and land use compatibility in relation to the normal operation of public-use airports located within the County, including the Naples Municipal Airport, Everglades City Airpark, Marco Island Executive Airport, lmmokalee Regional Airport, Page 4 of 30 Words struckare deleted,words underlined are added 17A DRAFT 8/27/19 and all existing and future public-use airports and heliports in the County. The purpose and intent of these regulations shall be as follows: 1. To attempt to promote maximum safety of aircraft arriving at and departing from all public-use airports located within the County; a2. To attempt to promote maximum safety of residents and property within areas surrounding public-use airports located within the County; 1303. To protect the full utility and the public investment of the public-use airports within the County; 64. To provide development standards for land uses within prescribed noise zones associated with the normal operation of public-use County airports; 45. To provide building height standards for use within the approach, transitional, horizontal, and conical zoneo surfaces so as to encourage and promote proper development beneath such areas; e6. To provide administrative and enforcement procedures for the efficient and uniform regulation of all development proposals within such areas; and f7. That in addition to the regulations applicable to land zoned, as indicated in the Official Zoning Atlas, the following regulations are additionally applicable to lands in the County in the vicinity of the Naples Municipal, Everglades, Marco Island, and Immokalee airports as indicated on the airport zoning maps of the County. The APO is shown on the Airport Zoning Maps in Appendix D, and the boundaries of the APO are identified on the Official Zoning Atlas with a reference to Appendix D. The Uands lying within various zones surfaces as indicated on the airport zoning maps are subject to the additional regulations set out in t#i&LDC &Section 4.02.06. * * * * * * * * * * * * SUBSECTION 3._.AMENDMENTS TO SECTION 4.02.06 STANDARDS FOR DEVELOPMENT IN AIRPORT ZONES Section 4.02.06 Standards for Development in Airport Zones, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 4.02.06 Standards for Development within the Airport Overlay (APO)Zoneo Page 5 of 30 Words struck through are deleted,words underlined are added 17A DRAFT 8/27/19 A. Definitions. The definitions of Chapter 333, F.S, Airport Zoning, as amended, shall be applicable to the terms of this section, unless the text and/or context of this section requires otherwise. AB. There are hereby created and established certain surfaces,which include all of the land lying beneath the approach, transitional, primary, horizontal, and conical surfaces, and other surfaces upon which an obstruction may be established as they apply to public-use a--particular airports. The surfaces Such zones are shown on the Naples Municipal, Marco Island Executive, Everglades City, and Immokalee Regional Airport zoning maps, contained within Appendix D of the LDC and declared to be mads a part of this LDC. An area located in more than one of the described zones surfaces is subiect to the most restrictive surface standard -e--•e" -- - e" - - • • •" -- -- •- • - BC. Primary surface. An area longitudinally aligned along the runway centerline, extending 200 feet beyond each end of the runway with the width so specified for each runway for the most precise approach existing or planned for either end of the runway. GD. Primary surface height. No structure or obstruction will be permitted within the primary surface area that is not part of the landing and takeoff area and is of greater height than the nearest point on the runway centerline with the exception of FAA approved navigation aids. DE. The width of each primary surface is as follows: Table 4. Primary Surface Width Airports Runway Type Width (feet) Naples Municipal 14-32 Other than utility/non-precision instrument 500 5-23 Other than utility/non-precision instrument 1,000 500 Marco Island Executive Airport 17-35 Other than utility/non-precision instrument 500 Everglades City Airpark 15-33 Utility/Visual 250 Immokalee Regional Airport 9-27 Other than utility/non-precision instrument 1,000 500 18-36 Other than utility/non-precision instrument 500 4 22 250 Page 6 of 30 Words struckgh are deleted,words underlined are added 17A DRAFT 8/27/19 €F. Horizontal zsne surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs for specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is as follows: Table 5. Horizontal Zone Surface Radius Airports Runway Type Radius (feet) Naples Municipal 14-32 Other than utility/non-precision instrument 10,000 5-23 Other than utility/non-precision instrument 10,000 Marco Island Executive Airport 17-35 Other than utility/non-precision instrument 10,000 Everglades City Airpark 15-33 Utility/Visual 5,000 Immokalee Regional Airport 9-27 Other than utility/non-precision instrument 10,000 18-36 Other than utility/non-precision instrument 10,000 /122 visual 5,000 1=G. Horizontal zone surface height. No structure or obstruction will be permitted in the horizontal zone surface that has a height greater than 150 feet above the airport height. H. Conical zone surface. The conical zonc surface is the area extending outward and upward from the periphery of the horizontal zone surface for a distance of 4,000 feet. Height limitations for structures in the conical zone surface are 150 feet above airport height at the inner boundary with permitted height increasing one (1) foot vertically for every twenty (20) feet of horizontal distance measured outward from the inner boundary to a height of 350 feet above airport height at the outer boundary. NI. Approach zone surface. The approach zone surface is an area longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach zone surface is designated for the end of each runway based upon the type of approach available or planned for that runway end. 1. Approach zone surface width. The inner edge of the approach zonc surface is the same width as the primary surface. The outer width of the approach zone surface is prescribed for the most precise approach existing or planned for that runway end expanding uniformly to the following widths: Page 7 of 30 Words struck stfuelk-thfeugh are deleted,words underlined are added DRAFT 8/27/19 1 7 A Table 6. Approach Zone Surface Width (feet) Airports Runway Type Width Naples Municipal 14-32 Other than utility/non-precision instrument 3,500 5 Other than utility/non-precision instrument 16,000 3 500 23 Other than utility/non-precision instrument 16,000 3,500 Marco Island Executive Airport 17-35 Other than utility/non-precision instrument 3,500 Everglades City Airpark 15-33 Utility/visual 1,250 Immokalee Regional Airport 9 Other than utility/non-precision instrument 1-67000 3,500 27 Other than utility/non-precision instrument 3,500 18 Other than utility/non-precision instrument 3,500 36 Other than utility/visualnon-precision 1,500 3,500 instrument /122 mal 1,250 2. Approach zonc surface lengths. The approach zone surface extends for the applicable horizontal distance as follows: Table 7. Approach Zone Surface Length (feet). Airports Runway Type Length Naples Municipal 14-32 Other than utility/non-precision instrument 10,000 5 Other than utility/non-precision instrument 10,000 23 Other than utility/non-precision instrument 50,000 10,000 Marco Island Executive 17-35 Other than utility/non-precision instrument 10,000 Airport Everglades City Airpark 15-33 Utility/visual 5,000 Immokalee Regional Airport 27 Other than utility/non-precision instrument 10,000 9 Other than utility/non-precision instrument 5,000-10,000 18 Other than utility/non-precision instrument 10,000 36 Other than utility/vicualnon-precision 57080 10,000 instrument /122 dual 5,000 Page 8 of 30 Words struck through are deleted,words underlined are added 1 7 A DRAFT 8/27/19 3. Approach z-ege surface height. Permitted height limitation within the approach zone surface shall not exceed the runway end height at the inner edge and increases uniformly with horizontal distance outward from the inner edge as follows: Table 8. Approach Zone Surface Height. Airports Runway Type Height Naples Municipal 14-32 Other than utility/non-precision instrument 34:1 5 Other than utility/non-precision instrument 50:0/10:1 34:1 23 Other than utility/non-precision instrument 50:1/10:1 34:1 Marco Island Executive 17-35 Other than utility/non-precision instrument 2834:1 Airport Everglades City Airpark 15-33 Utility/visual 20:1 Immokalee Regional Airport 9 Other than utility/non-precision instrument 50:1/10:1 34:1 27 Other than utility/non-precision instrument 34:1 18 Other than utility/non-precision instrument 34:1 36 Other than utility/visualnon-precision 2834:1 instrument 4 22 Visual 20:1 4. Precision instrument runway(s). One (1) foot vertically for every fifty (50) feet horizontally for the first 10,000 feet, increasing to one (1) foot vertically for every forty (40) feet horizontally for additional 40,000 feet. 5. Non-precision instrument runways. One (1) foot vertically for every thirty-four(34) feet horizontally. 6. Visual runways. One (1) foot vertically for every twenty (20) feet horizontally. U. Transitional zone surfaces. The area extending outward from the sides of the primary surface and approach zones surfaces connecting them to the horizontal zonc surface or for a horizontal distance of 5,000 feet from the side of the part of the precision approach zone surface that extends beyond the conical zone surface. Height limits within the transitional zone surface are the same as the primary surface or approach zone surface at the boundary line where it adjoins and increases at a rate of one (1) foot vertically for every seven (7) feet horizontally, with the horizontal distance measured at right angles to the runway centerline and extended centerline until the height matches the height of the Page 9 of 30 Words stru^' =are deleted,words underlined are added 17A DRAFT 8/27/19 horizontal zone surface or for a horizontal distance of 5,000 feet from the side of the part of the precision approach zone surface that extends beyond the conical zone surface. 4K. Heliport primary zone surface. The area of the primary zone surface coincides in size and shape with the designated take-off and landing area of a heliport. This surface is a horizontal plane at the established heliport elevation. 1. Heliport approach zone surface. The approach zone surface begins at each end of the heliport primary zone surface with the same width as the primary zone surface, and extends outward and upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope of the approach zone surface is eight (8) to one (1) (one (1) foot vertically for every eight (8) feet horizontally.) 2. Heliport transitional zone surface. These zones surfaces extend outward and upward from the lateral boundaries of the heliport primary zone surface and from the approach zone surface at a slope of two (2) to one (1) (one (1) foot vertically for every two (2) feet horizontally) for a distance of 250 feet measured horizontally from the centerline of the heliport primary and approach zone surface. 144L. Other areas. In addition to the height limitations imposed in LDC sections 4.02.06(€C)- (14K) above, no structure or obstruction will be permitted within Collier County that would cause a minimum obstruction clearance altitude (MOCA), a minimum descent altitude (MDA), decision height (DH), or a minimum vectoring altitude (MVA) to be raised nor which would impose either the establishment of restrictive minimum climb gradients or nonstandard takeoff minimums. 1. Except as expressly provided in these APO regulations this section of the LDC, no structure or object of natural growth shall be erected, altered, allowed to grow, or be maintained to a height which exceeds the height of any zone surface created in these APO regulations. 2. Except as otherwise provided in these APO regulations this section of the LDC, no structure, or object of natural growth shall be erected, altered, allowed to grow or be maintained, which is or would be-an result in a potential hazard obstruction to air navigation within Collier County or of a height greater than by exceeding any of the following: a. A height of 500 feet above ground level at the site of the object. b. A height that is 200 feet above ground level or above the established airport elevation, whichever is higher, within three (3) nautical miles of the established reference point of an airport, excluding heliports, with its Page 10 of 30 Words struck through are deleted,words underlined are added 1 7 A DRAFT 8/27/19 longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile of distance from the airport up to a maximum of 500 feet. c. A height within a terminal obstacle clearance area, including an initial approach segment, a departure area, and a circling approach area, which would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance. (Refer to FAR 77.23.(a.)(2)). L. Exemptions. 1. Development of the Marco Shores Golf Course Community that comports with • - -- -• .! •I- -• - • - - a. The agreement between Johnson Bay Development Corporation Collier -e. • • -- • - - • -•e •- -- -• - • -- - I, I• b. Prior issuance of a Federal Aviation Administration "Determination Of No Hazard To Air Navigation." -- •-• - • Ii•• '' - - - -- -- - ' - -- • • Designation. Urban Mixed Use District of the Growth Management Plan that maximum allowable horizontal zone height of 150 feet from the established elevation of the Naples Airport, as established in LDC Sections 1.02.06.E. and /1.02.06.F. Buildings are allowed up to 160 feet in height from the established - . •• _ •-• _ _ - "a- - ••"-- _• ! ` - -- - - _ • ` - "e- 'e-", e- -e M. Requirements for airspace obstructions. 1. Applicability. An airspace obstruction approval is required when a proposed airspace obstruction exceeds one or more of the criteria established in LDC section 4.02.06 C-L. Review of airspace obstructions shall occur at the time of the site development plan review, if applicable. If a site development plan is not required, the airspace obstruction shall be reviewed at time of building permit submittal. Page 11 of 30 Words st-• ^' =are deleted,words underlined are added DRAFT 8/27/19 i 7 A 2. Airspace obstruction review materials. The Administrative Code shall establish the submittal requirements for an airspace obstruction review during the Site Development Plan review process. When an airspace obstruction review is required at time of building permit, the following items shall be submitted for review: a. A copy of the FAA form 7460-1 `Notice of Proposed Construction or Alteration', and all supporting materials, filed with the FAA; b. A copy of the final FAA Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) determination; and c. A narrative statement with a detailed description/explanation of the proposed airspace obstruction and response to the applicable criteria from LDC section 4.02.06 M.3. 3. Criteria for review. The airspace obstruction may not be approved solely on the basis that the FAA determined that the proposed construction or alteration of an obstruction was not an airport hazard. In determining whether to approve or deny an airspace obstruction, the County Manager or designee, in coordination with the affected airport, must also consider the following, as applicable: a. The safety of persons on the ground and in the air. b. The safe and efficient use of navigable airspace. c. The nature of the surrounding terrain and height of existing structures. d. The effect of the construction or alteration on the state licensing standards for a public-use airport contained in Ch. 330, F.S. and Administrative Code rules adopted thereunder. e. The character of existing and planned flight operations and developments at the public-use airport. f. Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the FAA. q. The effect of the construction or alteration of the proposed structure on the minimum descent altitudes or the decision heights at the affected airport. h. The cumulative effects on navigable airspace of all existing structures and other known proposed structures in the area. Comments and recommendations from FDOT-ASO, the affected airport(s), aviation operations and safety experts, where applicable. 4. Supplemental standards for the development of airspace obstructions: Page 12 of 30 Words struel,k-thr-eugh are deleted,words underlined are added 17A DRAFT 8/27/19 a. The owner of the obstruction will be required to install, operate, and maintain thereon and at their own expense, obstruction marking and lighting in conformance with the specific standards established by the FAA, including, but not limited to, FAA Advisory Circular 70/7460-1, as may be amended. 5. The County Manager or designee shall not issue an airspace obstruction approval where the FAA has reviewed the proposed and determined its construction or alteration would exceed obstruction standards contained in 14 CFR Part 77 and result in a hazard to air navigation. MN. Airport land use restrictions. Notwithstanding any other provision of this LDC, no use may be made of land or water within any zone surfaces established by this LDC in such a manner as to interfere with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use: 1. All lights or illumination used in conjunction with street, parking, signs, or use of land or structures shall be arranged and operated in such a manner that it is not misleading to pilots or dangerous to aircraft operating to and from a public use airport or in the vicinity thereof. 2. All flood lights, spot lights, or any type of pulsating, flashing, rotating, or oscillating light shall be modified or prohibited if determined by the executive director who has authority over that public airport to be a possible risk to safety of aircraft operation. 3. No operations of any type shall produce smoke, glare, or other visual impairment to pilots within three (3) miles of any usable runway of a public airport. 4. No operations of any type shall produce electronic interference with navigation signals or radio communication between the airport and aircraft, or other air traffic control facility. 5. Land within runway protections-leaf zones (formerly runway clearprotection zones) shall be prohibited from use for high density residential use, schools, hospitals, storage of explosives, or flammable material, assemblage of large groups of people or any other use that could produce a major catastrophe as a result of an aircraft crash. 6. Based on the possibility that solid waste management facilities may attract birds, any solid waste management facility located so that it places the runways and/or roosting areas shall be considered as an incompatible use and is therefore Page 13 of 30 Words struck through are deleted,words underlined are added 17A DRAFT 8/27/19 .New landfills shall be prohibited and existing landfills shall be restricted within the following areas: a. Within 10,000 feet from the nearest point of any runway used or planned to be used by turbine aircraft. b. Within 5,000 feet from the nearest point of any runway used by only nonturbine aircraft. c. Outside the perimeters defined in LDC section 4.02.06 0.6.a-b. but still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. s. 77.19. 7. Where any landfill is located and constructed in a manner that attracts or sustains hazardous bird movements from feeding, water, or roosting areas into, or across, the runways or approach and departure patterns or aircraft. The landfill operator must incorporate bird management techniques or other practices to minimize bird hazards to airborne aircraft. 78. Any type of tethered dirigible, balloon, or other type of hovering or floating object the height of which exceeds the criteria outlined in LDC section 4.02.06 €F. shall be is prohibited limited /1.02.06 E. 69. No structure of any height, type or material shall be constructed or altered which so as to cause interference to with any radio or airs radar system electronic navigational aids or systems as determined by the Federal Aviation Administration, or by the executive director who has jurisdiction over the airport deemed to be offcctedaffected. NO. Naples Municipal Airport noise zones, land use restrictions, sound level requirements (SLR) for buildings or structures, and SLR design requirements. 1. The purpose of this section 4,g2,06 is to establish standards for land use and for sound level reduction requirements with respect to exterior noise resulting from the legal and normal operations at the airports within Collier County. This section establishes noise zones of differing intensities and land use in the vicinity of the Naples Municipal aAirport, as identified in the most recent Naples Municipal Aairport FAA Part 150 Study; establishes permitted land uses in the noise zones; establishes soundproofing requirements for residential development within the noise zones; and establishes notification procedures to prospective purchasers of real estate within the noise zones. Page 14 of 30 Words t sruc'r. gh are deleted,words underlined are added 17A DRAFT 8/27/19 2. In addition to the prior three (3) noise zones, there is hereby created and established a fourth noise zone D; there are now noise zones A, B, C, and D. Such zones are shown on the Naples Municipal Airport noise zone map(s), as amended, which are incorporated and made a part herein and are described in LDC section 4.02.06 NO.3. below. The noise zones contained herein are based on a projection of future aircraft operations at the Naples Municipal Airport. The purpose of these noise zones is to define and set forth specific regulations for all properties within the described areas. 3. Noise zone boundaries. a. Zone A. That area commencing at the outermost boundary of the airport and extending outward therefrom to a boundary indicated on the noise zone map as "B." The outer contour of noise zone A approximates a noise level of seventy-five (75) Ldn. b. Zone B. That area commencing at the boundary indicated on the noise zone map as the outer boundary of noise zone A and extending outward therefrom to the boundary indicated on the noise zone map as "C." The outer contour of noise zone B approximates a noise level of seventy (70) Ldn. c. Zone C. That area commencing at the boundary indicated on the noise zone map as the outer boundary of noise zone B and extending outward therefrom to the boundary indicated on the noise zone map as "D". The outer contour of noise zone C approximates a noise level of sixty-five (65) Ldn. d. Zone D. This new noise zone commences at the boundary indicated on the noise zone map as the outer boundary of noise zone C and extending outward therefrom to the furthermost boundary indicated on the noise zone map. The outer contour of noise zone D approximates a noise level of sixty (60) Ldn and is the Naples Municipal Airport noise zone (This area is referenced in the 1996 Naples Municipal Airport FAA Part 150 Study). * * * * * * * * * * * 6. Sound level requirements (SLR) for buildings or structures. a. The provisions of these APO special regulations shall apply to the construction, alteration, moving, demolition, repair, and use of any building or structure within unincorporated Collier County except work Page 15 of 30 Words struckh are deleted,words underlined are added 1 7 A DRAFT 8/27/19 located primarily in a public right-of-way, on public utility towers, poles, and mechanical equipment not specifically regulated by these APOs regulations. Additions, alterations, repairs, and changes of use in all buildings and structures shall comply with the provisions of these APOs regulations. b. Buildings or structures constructed prior to the initial adoption of this amended section, to which additions, alteration, or repairs are made to the exterior walls and ceilings of rooms having one (1) or more exterior walls or ceilings shall be required to meet the SLR requirements of these APOs regulations. c. Alterations or repairs which are nonstructural and do not affect the exterior walls or ceilings of an existing building or structure may be made with the same materials of which the building or structure is constructed and shall not be required to meet the SLR requirements. d. Buildings in existence at the time of the initial adoption of these APOs regulations may have their existing use or occupancy continued if such use or occupancy was legal at the time of the initial adoption of these APOs regulations provided such continued use is not dangerous to life. A change in the use of a structure may require additional sound level reduction. e. Buildings or structures moved into or within the vicinity of the established noise zone must comply with applicable provisions of these APOs regulations. f. The County def Manager or his designee may approve any type construction that complies with the SLR requirements of the activities and/or land use guidance chart (appendix III of Appendix D). The SLR requirements specified in appendix III of Appendix D shall be achieved by the use of assemblies having the South Transmission Class Ratings specified in table 403.2, Minimum Sound Transmission of Assemblies, of the Southern Building Code Congress International, Inc., Standard for Sound Control, SSTD 8-87, incorporated herein and adopted by reference as appendix IV of appendix D. g. The SLR requirements of the land use guidance chart at appendix III of Appendix D may be achieved by any suitable combination of building design, choice of building materials, and execution of construction details Page 16 of 30 Words struck through are deleted,words underlined are added 1 7 A DRAFT 8/27/19 in accordance with established architectural and acoustical principles. The SLR requirements shall apply to the exterior walls and ceilings only of all rooms having one (1) or more exterior walls or ceilings. Regulations to achieve the SLR requirements specified in appendix Ill of Appendix D, shall be found in appendix IV of Appendix D and shall be used by the County Manger Manager or tvis designee during the building plan review process. * * * * * * * * * * P. Exemptions. 1. Development of the Marco Shores Golf Course Community that comports with the location and height requirements of Ordinance No. 81-6, as amended by Ordinance No. 85-56 and Ordinance No. 94-41, is exempted from the provisions of section 4.02.06 only to the following extent: a. The agreement between Johnson Bay Development Corporation Collier County Airport Authority and the BCC, dated August 8, 1995. b. Prior issuance of a Federal Aviation Administration "Determination Of No Hazard To Air Navigation." 2. Development of the Mini-Triangle Mixed Use Subdistrict of the Urban Designation, Urban Mixed Use District of the Growth Management Plan that comports with height requirements of Ordinance 2018-25, is exempted from the maximum allowable horizontal zone height of 150 feet from the established elevation of the Naples Municipal Airport, as established in LDC Sections 4.02.06 F. and 4.02.06 G. Buildings are allowed up to 160 feet in height from the established elevation of the Naples Municipal Airport. Development within the Mini-Triangle Mixed Use Subdistrict shall comply with the conditions set forth in the Federal Aviation Administration letters of"Determination Of No Hazard To Air Navigation", dated January 20, 2017, or any subsequent letters or extensions thereof. * * * * * * * * * * * * * SUBSECTION 3. .AMENDMENTS TO SECTION 5.05.05 FACILITIES WITH FUEL PUMPS Section 5.05.05 Facilities with Fuel Pumps, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 17 of 30 Words struck through are deleted,words underlined are added 17A DRAFT 8/27/19 5.05.05 Facilities with Fuel Pumps * * * * * * * * * * * * * C. Building architecture, site design, lighting, and signage requirements. * * * * * * * * * * * * * 4. Signage for facilities with fuel pumps. The following are the only signs allowed in facilities with fuel pumps and convenience stores with fuel pumps. a. Window, Wall, and other signs: As allowed in LDC section 5.06.00. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise accent lighting and back lighting are prohibited on canopy structures. Color accent banding on canopies may be approved as established in LDC section 5.05.05 C.1.b.iv.(b), above. - - -- --- - -- ..e - - - - . —- - ..• - - ._ -- c. One ground or pole sign that advertises the retail price of fuel in accordance with Section 553.79(22)(a)2., F.S. shall be permitted for each site. However, a maximum of two ground signs, two pole signs or one ground and one pole sign shall be permitted for corner lots. The maximum sign copy area is 60 square feet. The sign must maintain a minimum setback of 10 feet from any property line or road right-of-way. A minimum of a 200 square foot landscaped area shall be provided around the base of the sign. The sign structure shall be consistent with the color scheme and architectural design of the principal structure. The maximum height established below shall be measured from the average elevation of the vehicle use area to the uppermost portion of the sign structure. Page 18 of 30 Words struck are deleted,words underlined are added 1 ? A DRAFT 8/27/19 One fuel pricing ground or pole sign will be permitted on a frontage of a parcel that abuts an arterial or collector road right- of-way. The maximum height is limited to twelve feet. An electronic fuel pricing sign may be part of the sign area, subject to the standards in 5.05.05 C.4.c.iii. ii. One fuel pricing ground sign will be permitted on a frontage of a parcel that abuts a road right-of-way other than an arterial or collector road right-of-way. The maximum height is limited to eight feet. An electronic fuel pricing sign is prohibited as part of the sign. iii. If an electronic fuel pricing sign is used as allowed in 5.05.05 C.4.c.i., each of the following apply: a) The electronic fuel pricing sign is limited to fuel prices only. b) Changes to the electronic fuel pricing sign shall occur instantaneously. The electronic fuel pricing sign shall remain static without scroll, fade, flash, zoom, sparkle, color change, or any illusion of movement. c) Such signs shall be constructed with a photocell to compensate for all conditions, day or nighttime hours, and shall adjust the display's brightness to a level that is not in excess of 0.3 foot-candles above ambient light levels, as measured from the most restrictive of the nearest abutting property line or a distance equal to the square root of[the electronic fuel pricing sign copy area multiplied by 1001. d) Exposed lamps, bulbs, or LEDs that are not covered by a lens, filter, or sunscreen are prohibited. Page 19 of 30 Words struck are deleted,words underlined are added 1 7 A DRAFT 8/27/19 e) Electronic fuel pricing signs will be allowed on directory signs only through a variance, PUD deviation, or SRA deviation. d. Signage is prohibited above fuel pumps. 5. Should any of the foregoing standards, or any other requirement of the Land Development Code, conflict with Section 553.79(22), Florida Statutes, as amended from time-to-time, then Section 553.79(22), Florida Statutes shall control, and the County Manager or designee, in consultation with the County Attorney, will conform the proposed development order in a manner which both satisfies the statutory requirements while best implementing the intent of the Land Development Code. This provision shall apply to both facilities with fuel pumps as well as any other business that falls within the parameters of Section 553.79(22), Florida Statutes. * * * * * * * * * * * * SUBSECTION 3._.AMENDMENTS TO SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION Section 5.06.00 Sign Regulation and Standards by Land Use Classification, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.00 Sign Regulation and Standards by Land Use Classification A. Definitions. The definitions of the following terms shall apply to the requirements of the Land Development Code, in particular this section 5.06.00, to be known as the "Collier County Sign Code." Activated sign: Any sign which contains or uses for illumination any light, lighting device, or lights which change color, flash, or alternate; or change appearance of said sign or any part thereof automatically; any sign which contains moving parts as part of its normal operation, such as rotating signs, shall be considered an activated sign. Page 20 of 30 Words struckthreug=are deleted,words underlined are added 17A DRAFT 8/27/19 Animated: sign: A sign depicting or involving action, motion, through electrical or mechanical means. * * * * * * * * * * * * * SUBSECTION 3. .AMENDMENTS TO SECTION 5.06.06 PROHIBITED SIGNS Section 5.06.06 Prohibited Signs, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.06 Prohibited Signs A. Prohibited. Any sign not specifically permitted by this sign code shall be prohibited. * * * * * * * * * * * * * 6. Animated signs /activated or activated signs. Except see Section 5.05.05 C.4 for electronic fuel pricing signs when located along an arterial or collector road right- of-way. 7. Clear or uncovered neon and exposed LED signs. Except see Section 5.05.05 C.4 for electronic fuel pricing signs when located along an arterial or collector road right-of-way. * * * * * * * * * * * * * SUBSECTION 3. .AMENDMENTS TO APPENDIX D AIRPORT ZONING Appendix D Airport Zoning, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended as follows: APPENDIX D Airport Zoning APPENDIX I. {AIRPORT ZONING MAPS} APPENDIX I. [Airport Zoning Maps} Page 21 of 30 Words struck throuugh are deleted,words underlined are added 1 7 A DRAFT 8/27/19 . UFEaaaaaalail . / tlsruntuicammiumillelm dgLUKImiF' milUb - #....I i- - Roller Amu - a ,g• - 1 I a �;� o P .4�' h` # j. :. alb 4 iii r 4e `'' .4AII 1 rinimi, .tin' Aim A i iiia • i1�� _ :� Imo. `a - •as - /1t a, _ a • NUM • (llt* ,�a1 lii = a11 - aka . i ,.:ii FSG V .6. a • '=, In. •. ‘1;' :'''4‘;'- li• tot • • • MI__iiimmin j F `:' +moi,. s. 414 M1 ! k,oaiad omnis , tgagainuismaine isavil naamui an ZONING MAP A. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP {SEE SECTION 1.02.06 (N)} Page 22 of 30 Words struck through are deleted,words underlined are added 17A DRAFT 8/27/19 I xx i ,1 } l .( 1_ 114 ':I ‘. 11 4) \li 1 a , : \fi \\: , 11% t 1 li\\ \ ‘.,\,i\ii:/111 1 l litl \ \ktt , \ \ titi y l ' %%11111.° II t I ill'' it4 LLIA Page 23 of 30 Words struckare deleted,words underlined are added DRAFT 8/27/19 1 7 A ZONING MAP C. EVERGLADES AIRPORT - - - `` .I .9. , ZONING MAP C.EVERGLADES AIRPORT ..„2,..------1 7. r r' .:/ i ( I. II : ?4,. .lik.0 °. 1 I • ,,, q �'i , . .. ., • . . ../- .. .. . . . . . . .• , .40... Ail, . • . 41•• . . . .. („:,:i..,111.10 .• r.! AAA�IIn ' 011111 Kill a 1 lic 11,:i -1, Page 24 of 30 Words struel*-through are deleted,words underlined are added 17A DRAFT 8/27/19 ii. A _ 11A . M. U 1.1 a . A A . .lb. MINI 1 ; ' I 1\\ •\I\;;1 i i \ ;11"\Hi , ; I, 1 \I i. ! 1 ; iil . � I . . i � 1 �I ' III I ' i1i. i1 , , 1 �� it. j!I 1 . ;„,___,..... .,. : E 1 r: , :!..,:, .1 .,,, ,,,i,,,,,, , , .. - , ,i,4� .,..„0.,,,,, „, ,,. 61 , . 'i.* 1 BM ii]N t • ii .iliks ( ‘4 k Page 25 of 30 Words struck ough are deleted,words underlined are added 17A DRAFT 8/27/19 ZONING MAP A. NAPLES MUNICIPAL AIRPORT (SEE LDC SECTION 4.02.06) IIIi � �"'`,''�:� .,'!fir .._c / /r.c, ,,,,,\ , !::_.1_ , ____ !!::,! , iiril.‘i _....._—"-- .. kl,' -, „ - , I \:1/41i, 1111 t��1p>\\*e/ t 1 S, �ti '.A.'; \\7 f! ,.`1„ ,t,47,,\IW _ 1111111 I 7 1 N\ \\AN ,,:i....s. .; . ,i ii 1 ' ;:'. -,/ :s.., Ji) — \ N ,<:...\\,: ), ill: iii "7/ , ,,,,,,,,...:;,,,,. Jam. -11 f r.�..... =In Z i m mm ( D a A; z pc m 0 mn 77 AV -. 0 P N 21 z �B F --4 7 D L [Map to be added) Page 26 of 30 Words struck eugh are deleted,words underlined are added 17A DRAFT 8/27/19 ZONING MAP B. MARCO ISLAND EXECUTIVE AIRPORT (SEE LDC SECTION 4.02.06) {: • I i r 1 I I i i I i / ei ------_..1_——_--------. ----±-- 1i + i ++ + I + I + I P. • 10 aSawa.ran ma i • i I I l • 1 I rill! P' I I ii a i i ---- i ` I 1 • • • {: - ; 1 t III OM MOM BEM CCM GM0CEO iillikill SII __ 4 ! !`oa00NONNION 1 Iro! + ,S,, awl I I p 11111E211,1,, Ir I { !' aa0ooaaaaaaaaaaaaa ;`i� + � _ i i 00000000000000030001 , 1.---;-- :a IIIIIII 1l1II 14 - 1 s II III f �� ' ' ' AIRPORT AIRSPACE MI liV i4r;1 ACOLUMN�gMTY to i..w�oa.�T..,r OMR MARCO MAIO EXECUTIVE AFPORT MASCO MANX FLORIDA {Map to be added] Page 27 of 30 Words struck through are deleted,words underlined are added 17A DRAFT 8/27/19 ZONING MAP C. EVERGLADES AIRPARK (SEE LDC SECTION 4.02.06) * "4"1 WilbP.- i, a j �;; / -t� 11•x_ 1 1 ! ! + ! I F, `t s• ',! t ! t ! • i ! i q. i' 1.i{ -li t. • I;1 5 z l 1 I ' Vti M a m 6W�pd y a. .. .. . � illli �� c I r,� c /44• {Map to be added) Page 28 of 30 Words struc' eugh are deleted,words underlined are added 1 7 A DRAFT 8/27/19 ZONING MAP D. IMMOKALEE AIRPORT (SEE LDC SECTION 4.02.06) _, ---....,,... -.L., L. _I_ —, — ....., ) „ t---J 9 :I I • ''', 1111111 _.i"7i ..., _ -..1• .3" ''''' .-------1 ...,-"N -......1; .--.1 sailf • .:• 11:11W:rnilifill11111.. [ I •; e l .i,. i . •i , .. . , ..., ; ..e . •--.- ----- 11 i. \ :. ;t• .. ,!.t, I51: 7. l•' 'I ii!If. i . lilli:11,111111 , , i A 51 rili !,41 : A I maul i II il 1•il! I. I glin 4! • , 1111E111E11 I B0111 i ''' P'1" •.. , , . , iiiiiiill .. /..---t•-' 1 i 1 , . ' 111111,1111111 1......L.1." i 7 1111111111MIEd ."----, A —N.' • 1111111 — , § 2 10 i f il ' 11 ;131 1 I. I ' I I II it 7 i • . , I 11 9, • .I.,ei -. ii. • irg. mu, iini , ,g 1.1 i . ' i min ion . , i : 1 I I 1: 1 11 ! !MIMI . r ; ; I ; i I. ! ii I! '4 {Map to be added) Page 29 of 30 Words stRiek-threugh are deleted,words underlined are added 1 7 A DRAFT 8/27/19 * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. 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 shall 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk WILLIAM L. MCDANIEL, JR., Chairman Approved as to form and legality: Heidi F. Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/ (8/27/19) Page 30 of 30 Words struck through are deleted,words underlined are added 1 7 A Corporate Acct #505868 September 24, 2019 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PL20180001993 (Display Ad w/Maps) Dear Legals: Please advertise the above Display Ad w/Maps on Wednesday, October 2, 2019 and send the Affidavit of Publication, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500182060 17A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on October 22,2019, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance.The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: RECOMMENDATION TO APPROVE 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, TO AMEND THE AIRPORT ZONING MAPS FOR NAPLES MUNICIPAL AIRPORT, MARCO ISLAND EXECUTIVE AIRPORT, EVERGLADES AIRPARK, AND IMMOKALEE AIRPORT; TO ADD A REVIEW PROCESS FOR AIRSPACE OBSTRUCTIONS; TO ADD AIRPORT LAND USE RESTRICTIONS; TO ALLOW ADDITIONAL PRICING SIGNAGE FOR FACILITIES WITH FUEL PUMPS AND TO ALLOW ELECTRONIC FUEL PRICING SIGNS; 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 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.06 STANDARDS FOR DEVELOPMENT IN AIRPORT ZONES; CHAPTER FIVE—SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05 FACILITIES WITH FUEL PUMPS, SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.06 PROHIBITED SIGNS;AND APPENDIX D AIRPORT ZONING; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE. [insert maps] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA 17A W.L. MCDANIEL,JR.,CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Teresa Cannon Deputy Clerk(SEAL) 17A m vo CD D g I- -0 cc co so _o Q- • 1..)-5. a 0A D U1 H. W C N I • R i • • .O • • • a 1__r a ' 6 04 r a ,: ` u o a a -j 17A CON 3 N A- P. 3 m 0 ° CT CD CC) Mt CD p D CA) rn = o- a8 o A t 1IMMO el= SR29 SR 29 ' a • A 0 0 0 ,. S'Int ST mow . r a I a ® a a { F i . • ® • a 1 • a S 0 0 • . . t . , , 1{ o Y d N 1 7 A a ! x o X • e ! I y a L 0 N y I CD N aapv�3^�e B ( 43 Q o n I a p p a s s a © 0 C4 l ® p 6 • • . 1 • I• •• ' • • • • 1 • • • • • '''''''.,.„° t---. B a • 6 z• C R CO = Y v _ (D W m N p o ii 1 7 A 0o o. r . rn N o f° D • w °'CD E � 01 ° O0 °' -° 0 N (cD la 01 O ®. ._...1 i a , 0 a a i . 0 __4_. • _... 0 �.- p I a a 0 0 ill 0 a 4, 0 a - 0 go 0 0 GX29=1241 LIVINGSTON RD n e Q ® AI m 8 C3 I Santa Barbera BLVD e u a e 1e N a - i 0 r O. 0 O D e a a a a o D _.-. ..... ...a a a a 17A Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, September 24, 2019 3:59 PM To: Naples Daily News Legals Subject: PL20180001993 Display Ad w/maps (4) Attachments: PL20180001993 (BCC 10-22-19).doc; PL20180001993 (BCC 10-22-19).doc; PL20180001993 - Everglades Airpark (BCC 10-22-19).pdf; PL20180001993 - Immokalee Airport (10-22-19).pdf; PL20180001993 - Naples Airport (BCC 10-22-19).pdf; PL20180001993 - Marco Island Airport (BCC 10-22-19).pdf Legals, Please advertise the attached Display Ad with 4 maps on Wednesday, October 2, 2019. Thanks Teresa Cannon BMR Senior Clerk II Office: 239-252-8411 Fax: 239-252-8408 16 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County t. 3299 Tamiami Trail E,Suite#401 .`\. Naples, FL 34112-5746 www.CollierClerk.com 1 1 7 A Teresa L. Cannon From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com> Sent: Tuesday, September 24, 2019 4:00 PM To: Teresa L. Cannon Subject: Thank you For Your Email External Message: Please use caution when opening attachments, clicking links, or replying to this message. Thank you for contacting the legal department. This is a general response to inform you that your email has been received. All Legal Notices will be processed for desired publication date if received by the correct deadline time. Office Hours: Monday-Friday, 8:00 AM - 5:00 PM CST Thank you, Legal Notice Department 1 I 7 A Teresa L. Cannon From: Herbertz, Natalie <NHerbertz@localiq.com> Sent: Wednesday, September 25, 2019 2:21 PM To: Teresa L. Cannon Subject: PL20180001993 Attachments: ND-GC10277176-01.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good Afternoon, Proof of your ad for 10/2 is attached, please confirm approval. Ad#GCI0277176 PL20180001993 Cost: $1,890.00 Thank you, Natalie Herbertz Account Coordinator SNETWORK LOCAi.I42 PART OF THE USA TODAY NETWORK 866.767.6522 I Direct Toll Free nherbertz( localiq.com 1 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE toe ea hereby poen that a*Ito heAAPw II be held bS dee C•eer came Burd of County C.mmlrm os At•hm1;Mlf. LP Board orCumay N Durd Moor AAA Coven..CeMer.T INT N41u FL. M1e bard arCwM Clamsemen(BCC)w.cons..the enactment of Conry Ordinary The end,nucmuurxe deg r:N A.M.he rale of the proposed Ordain a as follows: RECOMMENDATION TO APPROVE AN ORDINANCE OF THE BOARD OF COLNn'COMMISSIONERS OF COWER COMET FLORMA.AMENDING URUINANCB NUMBER 0441.AS AMINUW.TUE COLLIER CUUNIY LA. DEVELOPMENT CODE WHIM INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COWER COUNTY.FLORNA.TO AMEND THE AIRPORT ZONING MAPS POR SAKES MUNICIPAL AIRPORT. MARCO ISLAM:EXP RIVE AIRPORT..EVERGLADE,AIRPARR.AND IMMORAL.AIRPORT.TO Ann A REVIEW PROCESS FOR AIRSPACE OBSIALCTON'S:TO ADD AIRPORT LAND USE RFSIIUCIIONS:10 ALLOW.0MONAL PRICING SIONACE PON ACILrIIES wrrs FUEL PUMPS AND 10 ALLOW ELECIIWNIC FUEL ERRING SIGNS:EY PROVIDING FOR,SECTION ONE RECITALS:SECTION TWO.FINDINGS OF FACT:SECTION THREE.ADOPTION OF AMENDMENTS THE TA.DEVELOPMENT USECODE.MORE SPECIFICALLY AMENDING THE FOLLOWING CHAPTER Two-ZONING DJ DISINCTS AND USES.INCLUDING SECTION 20,07 OVERLAY ZOMWG DISTRICT,CHAPTER TOUR -SITE DESIGN AND DEVELOPMENT STANDARDS.INCLUDING SECTION AOS.STANDARDS FOR DEVELOPMENT IN AIRPORT/ONES CHAPTER FIVE-SUPPLEMENTAL STANDARDS.INCLUDING SECIIOMSM OS FACLU IES wrrx FUEL Pg TSPS.SECTION S M m SION RECITATIONS AND STANDARDS BY LAND USE CLASSIFICATION.SEATON!MUM PROMBII£D SIGNS,AND APPENDIX D AIRPORT ZONING.SECTION FOUR.CONFLICT AND SEVERABILIT,SECTION MS'E.TNMU SIVA IN'IIRSYRJJFR COUNTY LAND UEVRLVPMFINITUDE.AND SWOON S.F}}ECTIVE UA'IE. Everglades Airports TWA • Project Location • Township:53 Range:29 Immokelee Airport®0P011■1.1.11111d11100 Project Ir,. r' ,1111 Location . : • . X01 �eeet �. 4iie TRange:29,43 471 �� Range:29,30 • Executive Airport -141 Exeautiva Airport Project - dee Township:51,52 �mmmm _ ante:26,27 Naples AirportIIII r �f_ Zoning Map r- • 1M Project Location s1 m g PIP ®Dot® d e0 • . . .. Township:49,50 T 0 5 0 ted' • Range:25,26 A cope of the deed Ordimme m u Bk not the Clerk to No Bond Nadu nukble for 0001103 ATI imam.parr•me mwued to emend en he hex, NOPE All press woh,to peak m nag epodegm out refuter ITN Nr Caaq uuagn POcr t:Poe...of rha aged.nm IWn:dal emekere hr Waned to 1 tonnes on any grin.Thr uRcwm nl any 01dhoMIgr aro.on SrB+b n( mgemzenonu pop a eoun.aed I(moP13medy the Oumun.•epokeape:ern foe a poop a mBumrm my be.Boned 10 amus deo shut on au nem Persons wuA015'o has+even or polo:uurnale winded m dee Boon agenda packets mug mimeo and moral a 111113010113 ors week it ohm to the reepeerne noMo hoohng In any onee.venom imienek mended to he and by Ms Pond Ala loe 5Mnmed in the emoropnere Coma,eteff•museum of seem d03 mon ptlm PWhe heanna matenale use I m pmnrenom Wore th Bond wAny ee nemm Hat de..e w appeal any denim uf:he Bmrd add need a record of the Pweedmm 10000.8 Nue.aW 000.0 may orad to ensue that wbeaa record of the proceedings La ade.erbvh mord melotia the memomy and e.Wmce:gw Mrb the appeal se Sued. If you are psn13Irk a dmhduy who nm*any accommodation m ordS to nonage in Mu paced,you are culled.et no cost .lovated h▪ad Ease Sulk 101. Vim.GL NL .6.r1512,6160. Imo two dry.P.m to the meotm onnsi AunW hageaneA tomo m bead:.umued are SSAbfk sae Board of Cowry CmmgSlw[m ghee BOARD OF COUNTY COMMISSIONERS COLLMR WL MCDANIEL.IR.CHAI1RMAN CRYSTAL K KIZEL. CLERK OFTLE CIRCUIT COURT A COMPTROLLER By:Tema Cram Depucy M4(SPAI.1 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:BCC ZONING DEPARTMENT PROOF CREATED AT 9/25/2019 11:55 AM SALES PERSON:NDUX00 PROOF DUE:- NEXT RUN DATE:10/02/19 PUBLICATION:ND-DAILY SIZE:3 col X 18.75 in ND-GCI0277176-01. INDD 17A Teresa L. Cannon To: NeetVirginia; FrantzJeremy; CasanovaAlexandra Subject: FW: PL20180001993 Attachments: N D-GC10277176-01.pdf Please review Teresa Cannon BMR Senior Clerk II coukt� Office: 239-252-8411 Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County t� .c' 3299 Tamiami Trail E,Suite#401 1.7+ >� r •`\ Naples, FL 34112-5746 www.CollierClerk.com From: Herbertz, Natalie<NHerbertz@localiq.com> Sent:Wednesday, September 25, 2019 2:21 PM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: PL20180001993 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good Afternoon, Proof of your ad for 10/2 is attached, please confirm approval. Ad#GC10277176 PL20180001993 Cost: $1,890.00 Thank you, Natalie Herbertz Account Coordinator •NETWORK LOCALiQ PART OF THE USA TODAY NETWORK 866.767.6522 Direct Toll Free nherbertz aalocaliq.com 1 17A Teresa L. Cannon From: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> Sent: Wednesday, September 25, 2019 4:26 PM To: Teresa L. Cannon; NeetVirginia; CasanovaAlexandra Subject: RE: PL20180001993 I have no changes. Approved.Thank you! Respectfully, Jeremy Frantz, AICP Land Development Code Manager From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent: Wednesday, September 25, 2019 2:38 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; FrantzJeremy<Jeremy.Frantz@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Subject: FW: PL20180001993 EXTERNAL EMAII This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Please review Teresa Cannon BMR Senior Clerk II 011(,!Q/ Office: 239-252-8411 '�.,� Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com x = Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 4°011,..'5 ' Naples, FL 34112-5746 www.CollierClerk.com From: Herbertz, Natalie<NHerbertz@localici.com> Sent:Wednesday, September 25, 2019 2:21 PM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: PL20180001993 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good Afternoon, Proof of your ad for 10/2 is attached, please confirm approval. 1 1 7 A Teresa L. Cannon From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Wednesday, September 25, 2019 4:52 PM To: Teresa L. Cannon Subject: FW: PL20180001993 LDC-airport and gas stations Attachments: N D-GC10277176-01.pdf See below. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 Under Florida Law,e-mail 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 mail to this entity.Instead,contact this office by telephone or in writing. From:AshtonHeidi <Heidi.Ashton@colliercountyfl.gov> Sent:Wednesday, September 25, 2019 4:46 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov> Subject: FW: PL20180001993 LDC-airport and gas stations Approved. 77ei�asiiton-ticko Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8400 From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent:Wednesday, September 25, 2019 4:26 PM To: AshtonHeidi<Heidi.Ashton@colliercountyfl.gov> Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.Rov> Subject: FW: PL20180001993 Heidi: See attached for your approval. > 1 ) A Teresa L. Cannon To: Herbertz, Natalie Subject: RE: PL20180001993 Legals, Proof for Ad #GCI0277176 looks good, OK to run. Thanks Teresa Cannon BMR Senior Clerk II <oi;Rt Office: 239-252-8411 Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County roe. 3299 Tamiami Trail E, Suite#401 k<tn^\ Naples, FL 34112-5746 www.CollierClerk.com From: Herbertz, Natalie<NHerbertz@localiq.com> Sent:Wednesday, September 25, 2019 2:21 PM To:Teresa L.Cannon <Teresa.Cannon@collierclerk.com> Subject: PL20180001993 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good Afternoon, Proof of your ad for 10/2 is attached, please confirm approval. Ad#GC10277176 PL20180001993 Cost: $1,890.00 Thank you, Natalie Herbertz Account Coordinator PART OF THE USA TODAY NETWORK 866.767.6522 Direct Toll Free nherbertzlocaliq.com 1 ! 7A NAPLESNEWS.COM 1 WEDNESDAY, OCTOBER 2,2019 1 21A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on October 22,2019, in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Tamianu Trail,Naples FL., the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance.The meeting will commence at 9:00 A.M.The title of the proposed Ordinance is as follows: RECOMMENDATION TO APPROVE 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,TO AMEND THE AIRPORT ZONING MAPS FOR NAPLES MUNICIPAL AIRPORT, MARCO ISLAND EXECUTIVE AIRPORT,EVERGLADES AIRPARK,AND IMMOKALEE AIRPORT;TO ADD A REVIEW PROCESS FOR AIRSPACE OBSTRUCTIONS;TO ADD AIRPORT LAND USE RESTRICTIONS;TO ALLOW ADDITIONAL PRICING SIGNAGE FOR FACILITIES WITH FUEL PUMPS AND TO ALLOW ELECTRONIC FUEL PRICING SIGNS;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 2.03.07 OVERLAY ZONING DISTRICTS;CHAPTER FOUR -SITE DESIGN AND DEVELOPMENT STANDARDS,INCLUDING SECTION 4.02.06 STANDARDS FOR DEVELOPMENT IN AIRPORT ZONES;CHAPTER FIVE-SUPPLEMENTAL STANDARDS,INCLUDING SECTION 5.05.05 FACILITIES WITH FUEL PUMPS,SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION,SECTION 5.06.06 PROHIBITED SIGNS;AND APPENDIX D AIRPORT ZONING;SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE. Everglades Airpark " . . I —.—. 1_... J i Project m a . . Location ^ 0 -q . • ^ i . ! . 0 r cr • .I a I f Township:53 o o Range: 29 I. 1 b Immokalee Airport „ ^ " " 0 a a ; a Project 8 Location 0 a a a a p 0 0 0 0 • 0 , t 1 ! . 0 , a I" Township:46,47, ^ r.- ^ l ^ Range: 29, 30 a . 1 41---- -- 1 7 A , Marco Island � - b - - I ' " -• Executive Airport . • 4, Project y - O m O a s Location a I ' a I © O 0 0 �" a �, n i a \ a l „l 1 t a 1 a ; a 1, ° 0 0 O O a , a ` a ,i a i • - I a a a a• I 0 0 0 0 0 ° t .- • it - I e t a a C 0 O 0 a s a O - m / rt a -- - - .;<--- Township: 51,52 i a - a a Range: 26, 27 ; „ m m Naples Airport Zoning Mapa.«.�ro— a• 0 • o ° n Project B Location ° o ° o ' 11111 as a a r>: a en - o r, O a ° °` =CDnaAaaa nna.RDl ap- er O °� ° © 0 a ey! m a • e Lz oamaoe r 0 0 n a a a Township:49, 50 . Range:25, 26 i_.- I a i ' ' . A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. NOTE All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to • the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board • will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, . may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which 1 the appeal is based. If you area person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost • to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tarnianri • • Trail East,Suite 101,Naples,FL 34112-5356,(239)212-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA ISI W.L.MCDANIEL,JR,CHAIRMAN . CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Teresa Cannon Deputy Clerk(SEAL) ao-ace¢mrwr apits t r u PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 Office of the Clerk of the Circuit Court&Comptroller of Collier County Attn:Teresa Cannon 3299 Tamlami Trail E,Suite 401 NAPLES,FL 34112-5746 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared Joe Heynen who on oath says that he serves as legal clerk of the Naples Daily News,a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Naples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County,Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person,or corporation any discount, rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. October 2nd,2019 Subscribed and sworn to before on October 2nd,2019: a.Y V l uv'' Notary,State of WI,County of Brown TARA MONDLOCH - MI Notary Public State of Wisconsin My commission expires. August 6,2021 Publication Cost:$1890.00 Ad No:GC10277176 Customer No: 505868 PO#: NOTICE OF PUBLIC HEARING A NOTICE OF INTENT TO CONSIDER li AN ORDINANCE ika•r u Mraa'VIm1INl a I.FIk*slop will MMIJk1*14040 C'.Nol)R•N elC•0ly(3.0o1•.N•mw,a(00011L 1011 ..00 0,00.f Caen)Csuneora..10)1,1.11.0 1111.41103.1•11.01.0‘00•01(000.3711113.4!)lain DDA N1rk.EL .k MN oCwwSCrnN•W.INCCI.ill a.441DLDA m,Omn•Nf 3 COV,0,104ne 1100.,000101011mmenv511:111 ASI Th ulk M lir imry0.4lkdI00o0H fdIr..: NI(Tn1MEX11ATION TO 0011101E AN ONINNANCE OF 111E INIANO 01 CODK1T Cr01411L1IfNI1S OE fel I Irk 1119 1414'.1014111A 10E1110)111 1a111NANCIi NUM 0E0 10141 AS 40000)10 1111:1091 IFN 1111011 10011 nrVT.0101 I.T EOM 0N6N INCLI•Mit THE C11.MINIDII:lSIVE I.•ND AEOOl ATOM nM INF.1'NINf11N1'9U11J) *NFA OF CON 11111401'0.10,FLORIDA TO A1IENO MI:AIRPORT 7041101 11411 1131 NAM U ML:NICIYAL AINMINT. MAK,/151 AND 1144'ITIVI:41141011.1VERG1 ADO)0FYAN N,.1741)1)14100111:1:00MN1'.113 0110 A 111010)1' 141114.1.SS EOR.01441114E 1111STRl'CTNINS:TO ADD 119%•0 LAND ES1.0ESIIITION3:TO A111 W 000111)7:01 17114101 SIGNAGE FOR 1011111100 MIDI FUEL 110170 450 TO Al I OW MEC-NOW SL1I 0063341 SIGNS:IV )40010101:FM.41111100 041 RECITALS:11111Iw TWO 1151905 OF Dolt SECTION TOOT.0101/1715'10 AMENDMENTS ITN TIE 1,11011..VF1 010IENT CODE MODE 317.31F1CALI V 041 E,NDWO TIE MI IAWINll CIIAITElt DA 0-ZA141.Nti MAIMS AND 1013 ISCLUl110O0411001.1101 W0NU11 110.111N11 171191(1 S:(IIARnEN 011101 -SIR DESIGN AND 500110MENF S LLYINN S 141410110 SEC7RLN J 01.STANIHNIM 000 00VELIM515'AT N A10tl0T20NCS,11147101FIVE-310101IC1TALSTANMN0S.INCLn100G 51'1109100 DI FACILITIES MIDI Il EL 1133110 SECTION SU W SIGN YD010,ATIONS AND STAXTANIN OV 1000)110 CIASSIFICAI100 3111110N 1)001 IWII111rTED SONS:AND APPENDIX 0 ANOINT ZWIN0 Sm-000 OMI11 141111 IR AND SI:1F100)1113.91141100 FIVE 0001.13100 19 MF.O911E0 reverttANDOEV1111Ma'NT COIF MD SECTION AX FH1lTVE DATE Everglades Alrperk . Project - • r' Location 1111 .l Township:53 . Range:29 ` 1 • kl•nokal••Airport • • • • • • • Project I __- Location I • • • a • . I • -a. • • • • • w • P e 1.�• 1• R') i Township:46,Ai O Range:29,30 I • .Marco Island ER•cutiv Airport I Imo. 1 • ••• 000•ct • Location, • •I!\ • i. 1 I • • • • ' - 0 • Township,51,52 • Ili -'onge:26,27 f Naple•Alrport . Zoning Map i i_.__ ' • • Project • IIILocation In • i • 0 • a Township 49.50 • , • 1 Range:25 26 y. 10pd100Il0. nk1011\ca N 6,114.0)00.:14Vµn.n.foOl\ .,,, ,,..•aa I•a.1.11n N:wJ VIII A,r•.•0 001.•.I• A ).*4.:0,0.1 1. •WN.Cnol 5150 n.14•P•.,,.•,1.0111 w, ,JI.\ k1.,.1.IN.A..Rn1) 11 • .0., . .••••.`.0.•• a,•0,s.a•I)I.N .. ,;,J 11.D.,,l/ ,416', nr4,l.,..`I AmA e.•,•OA., N m1•A••n•11• r:r,.S.g,.. .am 1.7 .4.,Mu .r:l.J0..D Ne 0;01)71..I,1FI 1a.n..:• ^J•u:.r!•l••rr.,au0r:J R.> •A..hi,E N..11,r1" ..15,,,,,f•.:r..11....:3•.1:re A••in n•'.rl•`M:r.:.)Ago teo Fu••,a r•1)w,er.F:•.)•FII.., . E.•c .,....n:r 0..1.01,1 ....14•1.1,. .,J:,,.0..:Aa 0..•4. ..J. 1..4..•„ k ,. 0,000., 1100 .•,w.r.�..�••.,1100 ...., •. .I,,,0. .I•., r1900.*•J . .7 n ,197.,, ,., .le, �dM:.. •1111�.,1. ,\Iw,e.die,-III `• r •••A,..•. 1 ,.M,.,...1.. 1. • ).C'A .,I . 1H...1.01..1•. . .,0116.. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 7 A Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 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#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 3. Heidi Ashton-Cicko County Attorney Office C 10/22/19 4. BCC Office Board of County (sJ Commissioners \ /& \cAzS\F 5. Minutes and Records Clerk of Court's Office `oZ PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Wanda Rodrigue , ACP Phone Number 252-8123 Contact/ Department Office of the C my Attorney Agenda Date Item was 10/22/19 Agenda Item Number 17-A ' / Approved by the BCC �✓ Type of Document Ordinance amending Ord. 04-41,the Collier Number of Original one Attached County Land Development Code Documents Attached PO number or account N/A �nt4' 35" number if document is O� to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signatu -. STAMP Ok N/A 2. Does the document need to be sent to another agency for a.•itional signa -s? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be HFAC signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. 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 5. The Chairman's signature line date has been entered as the date of BCC approval of the HFAC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's HFAC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip HFAC should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on 10/22/19 and all changes made during of the meeting have been incorporated in the attached document. The County HFAC '1'.11 for Attorney's Office has reviewed the changes,if applicable. e. 9. Initials of attorney verifying that the attached document is the version approved by thet /A is not BCC, all changes directed by the BCC have been made, and the document is ready for the ,�� iteption fqg Chairman's signature. ne. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 7 A Teresa L. Cannon From: Teresa L. Cannon Sent: Friday, October 25, 2019 3:28 PM To: 'County Ordinances' Subject: CLL Ordinance 2019-0035 Attachments: CLL20191022_Ordinance2019_0035.pdf SENT BY: COLLIER COUNTY CLERK OF COURTS MINUTES & RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER (CLL) ORDINANCE NUMBER: 2019-0035 Teresa Cannon BMR Senior Clerk II l cu Office: 239-252-8411 Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court • &Comptroller of Collier County jos 3299 Tamiami Trail E,Suite#401 Naples, FL 34112-5746 www.CollierClerk.com 1 1 7 A ORDINANCE NO. 19 — 35 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, TO AMEND THE AIRPORT ZONING MAPS FOR NAPLES MUNICIPAL AIRPORT, MARCO ISLAND EXECUTIVE AIRPORT, EVERGLADES AIRPARK, AND IMMOKALEE AIRPORT; TO ADD A REVIEW PROCESS FOR AIRSPACE OBSTRUCTIONS; TO ADD AIRPORT LAND USE RESTRICTIONS; TO ALLOW ADDITIONAL PRICING SIGNAGE FOR FACILITIES WITH FUEL PUMPS AND TO ALLOW ELECTRONIC FUEL PRICING SIGNS; 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 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.06 STANDARDS FOR DEVELOPMENT IN AIRPORT ZONES; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05 FACILITIES WITH FUEL PUMPS, SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.06 PROHIBITED SIGNS; AND APPENDIX D AIRPORT ZONING; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. 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 Page 1 of 30 Words struck through are deleted, words underlined are added 1 7 A 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 Collier County Planning Commission, sitting as the land planning agency, did hold advertised public hearings on February 7, 2019, March 7, 2019, May 16, 2019, and August 7, 2019, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on October 22, 2019, and did take action concerning these amendments to the LDC; and 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. Page 2 of 30 Words struck through are deleted,words underlined are added 1 7 A 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. 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 shall be consistent with such comprehensive plan or element as adopted. 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, 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. 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. Page 3 of 30 Words struck through are deleted,words underlined are added 1 7 A 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 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: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE *SUBSECTION 3.A. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * C. Airport Overlay (APO). The purpose and intent of the (APO) district is to provide both airspace protection and land use compatibility in relation to the normal operation of public-use airports located within the County, including the Naples Municipal Airport, Everglades City Airpark, Marco Island Executive Airport, Immokalee Regional Airport, Page 4 of 30 Words struck through are deleted,words underlined are added 1 7 A and all existing and future public-use airports and heliports in the County. The purpose and intent of these regulations shall be as follows: 1. To attempt to promote maximum safety of aircraft arriving at and departing from all public-use airports located within the County; a2. To attempt to promote maximum safety of residents and property within areas surrounding public-use airports located within the County; 193. To attempt to promote full utility of the public use airports within the County; To protect the full utility and the public investment of the public-use airports within the County; G4. To provide development standards for land uses within prescribed noise zones associated with the normal operation of public-use County airports; d5. To provide building height standards for use within the approach, transitional, horizontal, and conical zones surfaces so as to encourage and promote proper development beneath such areas; e6. To provide administrative and enforcement procedures for the efficient and uniform regulation of all development proposals within such areas; and f7. That in addition to the regulations applicable to land zoned, as indicated in the Official Zoning Atlas, the following regulations are additionally applicable to lands in the County in the vicinity of the Naples Municipal, Everglades, Marco Island, and Immokalee airports as indicated on the airport zoning maps of the County. The APO is shown on the Airport Zoning Maps in Appendix D, and the boundaries of the APO are identified on the Official Zoning Atlas with a reference to Appendix D. The hlands lying within various zones surfaces as indicated on the airport zoning maps are subject to the additional regulations set out in thisLDC sSection 4.02.06. SUBSECTION 3.B. AMENDMENTS TO SECTION 4.02.06 STANDARDS FOR DEVELOPMENT IN AIRPORT ZONES Section 4.02.06 Standards for Development in Airport Zones, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 4.02.06 Standards for Development within the Airport Overlay (APO)Zones Page 5 of 30 Words struck through are deleted, words underlined are added 1 7 A A. Definitions. The definitions of Chapter 333, F.S, Airport Zoning, as amended, shall be applicable to the terms of this section, unless the text and/or context of this section requires otherwise. AB. There are hereby created and established certain surfaces, which include all of the land lying beneath the approach, transitional, primary, horizontal, and conical surfaces, and other surfaces upon which an obstruction may be established as they apply to public-use a particular airports. The surfaces Such zones are shown on the Naples Municipal, Marco Island Executive, Everglades City, and Immokalee Regional Airport zoning maps, contained within Appendix D of the LDC and declared to be made a part of this LDC. An area located in more than one of the described zones surfaces is subject to the most restrictive surface standard considered to be only in the zonc with the most rcstrictivc height limitation BC. Primary surface. An area longitudinally aligned along the runway centerline, extending 200 feet beyond each end of the runway with the width so specified for each runway for the most precise approach existing or planned for either end of the runway. CD. Primary surface height. No structure or obstruction will be permitted within the primary surface area that is not part of the landing and takeoff area and is of greater height than the nearest point on the runway centerline with the exception of FAA approved navigation aids. DE. The width of each primary surface is as follows: Table 4. Primary Surface Width Airports Runway Type Width (feet) Naples Municipal 14-32 Other than utility/non-precision instrument 500 5-23 Other than utility/non-precision instrument 1,000 500 Marco Island Executive Airport 17-35 Other than utility/non-precision instrument 500 Everglades City Airpark 15-33 UtilityNisual 250 Immokalee Regional Airport 9-27 Other than utility/ non-precision instrument 1,000 500 18-36 Other than utility/non-precision instrument 500 4 22 UtilityMsual 250 Page 6 of 30 Words struck through are deleted,words underlined are added 17A EF. Horizontal zonc surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs for specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is as follows: Table 5. Horizontal Zone Surface Radius Airports Runway Type Radius (feet) Naples Municipal 14-32 Other than utility/non-precision instrument 10,000 5-23 Other than utility/non-precision instrument 10,000 Marco Island Executive Airport 17-35 Other than utility/non-precision instrument 10,000 Everglades City Airpark 15-33 UtilityNisual 5,000 Immokalee Regional Airport 9-27 Other than utility/ non-precision instrument 10,000 18-36 Other than utility/non-precision instrument 10,000 /122 yNi al 5,000 FG. Horizontal zonc surface height. No structure or obstruction will be permitted in the horizontal zone surface that has a height greater than 150 feet above the airport height. GH. Conical zonc surface. The conical zonc surface is the area extending outward and upward from the periphery of the horizontal zone surface for a distance of 4,000 feet. Height limitations for structures in the conical zonc surface are 150 feet above airport height at the inner boundary with permitted height increasing one (1) foot vertically for every twenty (20) feet of horizontal distance measured outward from the inner boundary to a height of 350 feet above airport height at the outer boundary. 141. Approach zonc surface. The approach zone surface is an area longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach zone surface is designated for the end of each runway based upon the type of approach available or planned for that runway end. 1. Approach zonc surface width. The inner edge of the approach zone surface is the same width as the primary surface. The outer width of the approach zone surface is prescribed for the most precise approach existing or planned for that runway end expanding uniformly to the following widths: Page 7 of 30 Words strut through are deleted,words underlined are added 1 7 A Table 6. Approach Zone Surface Width (feet) Airports Runway Type Width Naples Municipal 14-32 Other than utility/non-precision instrument 3,500 5 Other than utility/non-precision instrument 16,000 3,500 23 Other than utility/non-precision instrument 16,000 3,500 Marco Island Executive Airport 17-35 Other than utility/non-precision instrument 3,500 Everglades City Airpark 15-33 Utility/visual 1,250 Immokalee Regional Airport 9 Other than utility/non-precision instrument 46,000 3,500 27 Other than utility/non-precision instrument 3,500 18 Other than utility/non-precision instrument 3,500 36 Other than utility/v+sualnon-precision 1,500 3,500 instrument X122 1,250 2. Approach zonc surface lengths. The approach zonc surface extends for the applicable horizontal distance as follows: Table 7. Approach Zone Surface Length (feet). Airports Runway Type Length Naples Municipal 14-32 Other than utility/non-precision instrument 10,000 5 Other than utility/non-precision instrument 10,000 23 Other than utility/non-precision instrument 50,000 10,000 Marco Island Executive 17-35 Other than utility/non-precision instrument 10,000 Airport Everglades City Airpark 15-33 Utility/visual 5,000 Immokalee Regional Airport 27 Other than utility/non-precision instrument 10,000 9 Other than utility/non-precision instrument 5,000 10.000 18 Other than utility/non-precision instrument 10,000 36 Other than utility/visualnon-precision 5,000 10,000 instrument 422 Utility/visual 5,000 Page 8 of 30 Words struck through are deleted,words underlined are added 1. 7 A 3. Approach zone surface height. Permitted height limitation within the approach zone surface shall not exceed the runway end height at the inner edge and increases uniformly with horizontal distance outward from the inner edge as follows: Table 8. Approach Zone Surface Height. Airports Runway Type Height Naples Municipal 14-32 Other than utility/non-precision instrument 34:1 5 Other than utility/non-precision instrument 50:0/40:1 34:1 23 Other than utility/non-precision instrument 50:1/40:1 34:1 Marco Island Executive 17-35 Other than utility/non-precision instrument 2-034:1 Airport Everglades City Airpark 15-33 Utility/visual 20:1 Immokalee Regional Airport 9 Other than utility/non-precision instrument 50:1/40:1 34:1 27 Other than utility/non-precision instrument 34:1 18 Other than utility/non-precision instrument 34:1 36 Other than utility/visualnon-precision 2034:1 instrument 4 22 20:1 4. Precision instrument runway(s). One (1) foot vertically for every fifty (50) feet horizontally for the first 10,000 feet, increasing to one (1) foot vertically for every forty (40) feet horizontally for additional 40,000 feet. 5. Non-precision instrument runways. One (1) foot vertically for every thirty-four (34) feet horizontally. 6. Visual runways. One (1) foot vertically for every twenty (20) feet horizontally. �J. Transitional zone surfaces. The area extending outward from the sides of the primary surface and approach zones surfaces connecting them to the horizontal zone surface or for a horizontal distance of 5,000 feet from the side of the part of the precision approach zone surface that extends beyond the conical zone surface. Height limits within the transitional zone surface are the same as the primary surface or approach zone surface at the boundary line where it adjoins and increases at a rate of one (1) foot vertically for every seven (7) feet horizontally, with the horizontal distance measured at right angles to the runway centerline and extended centerline until the height matches the height of the Page 9 of 30 Words struckgh are deleted, words underlined are added 1 7 A horizontal zone surface or for a horizontal distance of 5,000 feet from the side of the part of the precision approach zone surface that extends beyond the conical zone surface. 4K. Heliport primary zone surface. The area of the primary zone surface coincides in size and shape with the designated take-off and landing area of a heliport. This surface is a horizontal plane at the established heliport elevation. 1. Heliport approach zone surface. The approach zone surface begins at each end of the heliport primary zone surface with the same width as the primary zone surface, and extends outward and upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope of the approach zone surface is eight (8) to one (1) (one (1) foot vertically for every eight (8) feet horizontally.) 2. Heliport transitional zone surface. These zones surfaces extend outward and upward from the lateral boundaries of the heliport primary zone surface and from the approach zone surface at a slope of two (2) to one (1) (one (1) foot vertically for every two (2) feet horizontally) for a distance of 250 feet measured horizontally from the centerline of the heliport primary and approach zone surface. KL. Other areas. In addition to the height limitations imposed in LDC sections 4.02.06(€C)- (MK) above, no structure or obstruction will be permitted within Collier County that would cause a minimum obstruction clearance altitude (MOCA), a minimum descent altitude (MDA), decision height (DH), or a minimum vectoring altitude (MVA) to be raised nor which would impose either the establishment of restrictive minimum climb gradients or nonstandard takeoff minimums. 1. Except as expressly provided in these APO regulations this section of the LDC, no structure or object of natural growth shall be erected, altered, allowed to grow, or be maintained to a height which exceeds the height of any zone surface created in these AP-0 regulations. 2. Except as otherwise provided in these APO regulations this section of the LDC, no structure, or object of natural growth shall be erected, altered, allowed to grow or be maintained, which is or would be an result in a potential hazard obstruction to air navigation within Collier County or of a height greater than by exceeding any of the following: a. A height of 500 feet above ground level at the site of the object. b. A height that is 200 feet above ground level or above the established airport elevation, whichever is higher, within three (3) nautical miles of the established reference point of an airport, excluding heliports, with its Page 10 of 30 Words struck through are deleted,words underlined are added 1 7 A longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile of distance from the airport up to a maximum of 500 feet. c. A height within a terminal obstacle clearance area, including an initial approach segment, a departure area, and a circling approach area, which would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance. (Refer to FAR 77.23.(a.)(2)). L. Exemptions. the location and height requirements of Ordinance No. 81 6, as amended by a - - - • = - - - a e•-.- - . •' ' • - - e-, - - •l .93 - _ -- _ _ _ - -- a. The agreement between Johnson Bay Development Corporation Collier County Airport Authority and the BCC, dated August 8, 1995. b. Prior issuance of a Federal Aviation Administration "Determination Of No Hazard To Air Navigation." 2. Development of the Mini Triangle Mixed Use Subdistrict of the Urban •" - - - - -- 1' -- - - •• - '- - maximum allowable horizontal zone height of 150 feet from the established c.evation of the Naples Airport, as cstabl+shed in LDC Sections 4.02.06.E. and '1.02.06.F. Buildings are allowed up to 160 feet in height from the established - - - •- - '- , - - " •• -- -- . - _- --- - - •- �.� - •_ - - '' -- - - Administration letters of "Determination 0 ` _ -- - - = '. ` - -- •e-", e. "January 20, 2017, or any subsequent letters or extensions thereof. M. Requirements for airspace obstructions. 1. Applicability. An airspace obstruction approval is required when a proposed airspace obstruction exceeds one or more of the criteria established in LDC section 4.02.06 C-L. Review of airspace obstructions shall occur at the time of the site development plan review, if applicable. If a site development plan is not required, the airspace obstruction shall be reviewed at time of building permit submittal. Page 1 1 of 30 Words struck through are deleted,words underlined are added 17A 2. Airspace obstruction review materials. The Administrative Code shall establish the submittal requirements for an airspace obstruction review during the Site Development Plan review process. When an airspace obstruction review is required at time of building permit, the following items shall be submitted for review: a. A copy of the FAA form 7460-1 'Notice of Proposed Construction or Alteration', and all supporting materials, filed with the FAA; b. A copy of the final FAA Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) determination; and c. A narrative statement with a detailed description/explanation of the proposed airspace obstruction and response to the applicable criteria from LDC section 4.02.06 M.3. 3. Criteria for review. The airspace obstruction may not be approved solely on the basis that the FAA determined that the proposed construction or alteration of an obstruction was not an airport hazard. In determining whether to approve or deny an airspace obstruction, the County Manager or designee, in coordination with the affected airport, must also consider the following, as applicable: a. The safety of persons on the ground and in the air. b. The safe and efficient use of navigable airspace. c. The nature of the surrounding terrain and height of existing structures. d. The effect of the construction or alteration on the state licensing standards for a public-use airport contained in Ch. 330, F.S. and Administrative Code rules adopted thereunder. e. The character of existing and planned flight operations and developments at the public-use airport. f. Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the FAA. q. The effect of the construction or alteration of the proposed structure on the minimum descent altitudes or the decision heights at the affected airport. h. The cumulative effects on navigable airspace of all existing structures and other known proposed structures in the area. Comments and recommendations from FDOT-ASO, the affected airport(s), aviation operations and safety experts, where applicable. 4. Supplemental standards for the development of airspace obstructions: Page 12 of 30 Words strut gh are deleted,words underlined are added 1 7 A a. The owner of the obstruction will be required to install, operate, and maintain thereon and at their own expense, obstruction marking and lighting in conformance with the specific standards established by the FAA, including, but not limited to, FAA Advisory Circular 70/7460-1, as may be amended. 5. The County Manager or designee shall not issue an airspace obstruction approval where the FAA has reviewed the proposed and determined its construction or alteration would exceed obstruction standards contained in 14 CFR Part 77 and result in a hazard to air navigation. MN. Airport land use restrictions. Notwithstanding any other provision of this LDC, no use may be made of land or water within any zone surfaces established by this LDC in such a manner as to interfere with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use: 1. All lights or illumination used in conjunction with street, parking, signs, or use of land or structures shall be arranged and operated in such a manner that it is not misleading to pilots or dangerous to aircraft operating to and from a public use airport or in the vicinity thereof. 2. All flood lights, spot lights, or any type of pulsating, flashing, rotating, or oscillating light shall be modified or prohibited if determined by the executive director who has authority over that public airport to be a possible risk to safety of aircraft operation. 3. No operations of any type shall produce smoke, glare, or other visual impairment to pilots within three (3) miles of any usable runway of a public airport. 4. No operations of any type shall produce electronic interference with navigation signals or radio communication between the airport and aircraft, or other air traffic control facility. 5. Land within runway protectionclear zones (formerly runway clearprotection zones) shall be prohibited from use for high density residential use, schools, hospitals, storage of explosives, or flammable material, assemblage of large groups of people or any other use that could produce a major catastrophe as a result of an aircraft crash. 6. Based on the po'eibility that solid waste management facilities may attract birds, any solid waste management facility located so that it places the runways and/or approach and departure pattern of an airport between bird feeding, water, or Page 13 of 30 Words stru0k-through are deleted,words underlined are added 17A _ _ _• -_ •- _ __ _ •- _e- __ - -0-- -New landfills shall be prohibited and existing landfills shall be restricted within the following areas: a. Within 10,000 feet from the nearest point of any runway used or planned to be used by turbine aircraft. b. Within 5,000 feet from the nearest point of any runway used by only nonturbine aircraft. c. Outside the perimeters defined in LDC section 4.02.06 0.6.a-b. but still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. s. 77.19. 7. Where any landfill is located and constructed in a manner that attracts or sustains hazardous bird movements from feeding, water, or roosting areas into, or across, the runways or approach and departure patterns or aircraft. The landfill operator must incorporate bird management techniques or other practices to minimize bird hazards to airborne aircraft. 78. Any type of tethered dirigible, balloon, or other type of hovering or floating object the height of which exceeds the airspace notification limits criteria outlined in LDC section 4.02.06 EF. shall be is prohibited limited as provided in section 4.02.06 E. 89. No structure of any height, type or material shall be constructed or altered wf could possibly so as to cause interference to with any radio or airport surveillance radar system electronic navigational aids or systems as determined by the Federal Aviation Administration, or by the executive director who has jurisdiction over the airport deemed to be effectedaffected. NO. Naples Municipal Airport noise zones, land use restrictions, sound level requirements (SLR) for buildings or structures, and SLR design requirements. 1. The purpose of this section /1.02.06 is to establish standards for land use and for sound level reduction requirements with respect to exterior noise resulting from the legal and normal operations at the airports within Collier County. This section establishes noise zones of differing intensities and land use in the vicinity of the Naples Municipal aAirport, as identified in the most recent Naples Municipal Aairport FAA Part 150 Study; establishes permitted land uses in the noise zones; establishes soundproofing requirements for residential development within the noise zones; and establishes notification procedures to prospective purchasers of real estate within the noise zones. Page 14 of 30 Words struck through are deleted,words underlined are added 17A 2. In addition to the prior three (3) noise zones, there is hereby created and established a fourth noise zone D; there are now noise zones A, B, C, and D. Such zones are shown on the Naples Municipal Airport noise zone map(s), as amended, which are incorporated and made a part herein and are described in LDC section 4.02.06 NO.3. below. The noise zones contained herein are based on a projection of future aircraft operations at the Naples Municipal Airport. The purpose of these noise zones is to define and set forth specific regulations for all properties within the described areas. 3. Noise zone boundaries. a. Zone A. That area commencing at the outermost boundary of the airport and extending outward therefrom to a boundary indicated on the noise zone map as "B." The outer contour of noise zone A approximates a noise level of seventy-five (75) Ldn. b. Zone B. That area commencing at the boundary indicated on the noise zone map as the outer boundary of noise zone A and extending outward therefrom to the boundary indicated on the noise zone map as "C." The outer contour of noise zone B approximates a noise level of seventy (70) Ldn. c. Zone C. That area commencing at the boundary indicated on the noise zone map as the outer boundary of noise zone B and extending outward therefrom to the boundary indicated on the noise zone map as "D". The outer contour of noise zone C approximates a noise level of sixty-five (65) Ldn. d. Zone D. This new noise zone commences at the boundary indicated on the noise zone map as the outer boundary of noise zone C and extending outward therefrom to the furthermost boundary indicated on the noise zone map. The outer contour of noise zone D approximates a noise level of sixty (60) Ldn and is the Naples Municipal Airport noise zone (This area is referenced in the 1996 Naples Municipal Airport FAA Part 150 Study). * * * * * * * * * * * 6. Sound level requirements (SLR) for buildings or structures. a. The provisions of these APO special regulations shall apply to the construction, alteration, moving, demolition, repair, and use of any building or structure within unincorporated Collier County except work Page 15 of 30 Words strucko;g are deleted, words underlined are added 1 7 A located primarily in a public right-of-way, on public utility towers, poles, and mechanical equipment not specifically regulated by these APOs regulations. Additions, alterations, repairs, and changes of use in all buildings and structures shall comply with the provisions of these APOs regulations. b. Buildings or structures constructed prior to the initial adoption of this amended section, to which additions, alteration, or repairs are made to the exterior walls and ceilings of rooms having one (1) or more exterior walls or ceilings shall be required to meet the SLR requirements of these APOs regulations. c. Alterations or repairs which are nonstructural and do not affect the exterior walls or ceilings of an existing building or structure may be made with the same materials of which the building or structure is constructed and shall not be required to meet the SLR requirements. d. Buildings in existence at the time of the initial adoption of these APOs regulations may have their existing use or occupancy continued if such use or occupancy was legal at the time of the initial adoption of these APOs regulations provided such continued use is not dangerous to life. A change in the use of a structure may require additional sound level reduction. e. Buildings or structures moved into or within the vicinity of the established noise zone must comply with applicable provisions of these APOs regulations. f. The County Manger Manager or his designee may approve any type construction that complies with the SLR requirements of the activities and/or land use guidance chart (appendix Ill of Appendix D). The SLR requirements specified in appendix Ill of Appendix D shall be achieved by the use of assemblies having the South Transmission Class Ratings specified in table 403.2, Minimum Sound Transmission of Assemblies, of the Southern Building Code Congress International, Inc., Standard for Sound Control, SSTD 8-87, incorporated herein and adopted by reference as appendix IV of appendix D. g. The SLR requirements of the land use guidance chart at appendix Ill of Appendix D may be achieved by any suitable combination of building design, choice of building materials, and execution of construction details Page 16 of 30 Words struck through are deleted,words underlined are added 1 7 A in accordance with established architectural and acoustical principles. The SLR requirements shall apply to the exterior walls and ceilings only of all rooms having one (1) or more exterior walls or ceilings. Regulations to achieve the SLR requirements specified in appendix III of Appendix D, shall be found in appendix IV of Appendix D and shall be used by the County Manger Manager or lais designee during the building plan review process. * * * * * * * * * * P. Exemptions. 1. Development of the Marco Shores Golf Course Community that comports with the location and height requirements of Ordinance No. 81-6, as amended by Ordinance No. 85-56 and Ordinance No. 94-41, is exempted from the provisions of section 4.02.06 only to the following extent: a. The agreement between Johnson Bay Development Corporation Collier County Airport Authority and the BCC, dated August 8, 1995. b. Prior issuance of a Federal Aviation Administration "Determination Of No Hazard To Air Navigation." 2. Development of the Mini-Triangle Mixed Use Subdistrict of the Urban Designation, Urban Mixed Use District of the Growth Management Plan that comports with height requirements of Ordinance 2018-25, is exempted from the maximum allowable horizontal zone height of 150 feet from the established elevation of the Naples Municipal Airport, as established in LDC Sections 4.02.06 F. and 4.02.06 G. Buildings are allowed up to 160 feet in height from the established elevation of the Naples Municipal Airport. Development within the Mini-Triangle Mixed Use Subdistrict shall comply with the conditions set forth in the Federal Aviation Administration letters of"Determination Of No Hazard To Air Navigation", dated January 20, 2017, or any subsequent letters or extensions thereof. * * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 5.05.05 FACILITIES WITH FUEL PUMPS Section 5.05.05 Facilities with Fuel Pumps, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 17 of 30 Words strut' gh are deleted,words underlined are added 1 7 A 5.05.05 Facilities with Fuel Pumps * * * * * * * * * * * * * C. Building architecture, site design, lighting, and signage requirements. * * * * * * * * * * * * * 4. Signage for facilities with fuel pumps. The following are the only signs allowed in facilities with fuel pumps and convenience stores with fuel pumps. a. Window, Wall, and other signs: As allowed in LDC section 5.06.00. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise accent lighting and back lighting are prohibited on canopy structures. Color accent banding on canopies may be approved as established in LDC section 5.05.05 C.1.b.iv.(b), above. c. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area is 60 square feet. Said sign shall be consistent with the color scheme and architectural design of the principal structure. c. One ground or pole sign that advertises the retail price of fuel in accordance with Section 553.79(22)(a)2., F.S. shall be permitted for each site. However, a maximum of two ground signs, two pole signs or one ground and one pole sign shall be permitted for corner lots. The maximum sign copy area is 60 square feet. The sign must maintain a minimum setback of 10 feet from any property line or road right-of-way. A minimum of a 200 square foot landscaped area shall be provided around the base of the sign. The sign structure shall be consistent with the color scheme and architectural design of the principal structure. The maximum height established below shall be measured from the average elevation of the vehicle use area to the uppermost portion of the sign structure. Page 18 of 30 Words struckare deleted, words underlined are added 17A One fuel pricing ground or pole sign will be permitted on a frontage of a parcel that abuts an arterial or collector road right- of-way. The maximum height is limited to twelve feet. An electronic fuel pricing sign may be part of the sign area, subject to the standards in 5.05.05 C.4.c.iii. ii. One fuel pricing ground sign will be permitted on a frontage of a parcel that abuts a road right-of-way other than an arterial or collector road right-of-way. The maximum height is limited to eight feet. An electronic fuel pricing sign is prohibited as part of the sign. iii. If an electronic fuel pricing sign is used as allowed in 5.05.05 C.4.c.i., each of the following apply: a) The electronic fuel pricing sign is limited to fuel prices only. b) Changes to the electronic fuel pricing sign shall occur instantaneously. The electronic fuel pricing sign shall remain static without scroll, fade, flash, zoom, sparkle, color change, or any illusion of movement. c) Such signs shall be constructed with a photocell to compensate for all conditions, day or nighttime hours, and shall adjust the display's brightness to a level that is not in excess of 0.3 foot-candles above ambient light levels, as measured from the most restrictive of the nearest abutting property line or a distance equal to the square root of [the electronic fuel pricing sign copy area multiplied by 1001. d) Exposed lamps, bulbs, or LEDs that are not covered by a lens, filter, or sunscreen are prohibited. Page 19 of 30 Words struck through are deleted,words underlined are added 1 7 A e) Electronic fuel pricing signs will be allowed on directory signs only through a variance, PUD deviation, or SRA deviation. d. Signage is prohibited above fuel pumps. 5. Should any of the foregoing standards, or any other requirement of the Land Development Code, conflict with Section 553.79(22), Florida Statutes, as amended from time-to-time, then Section 553.79(22), Florida Statutes shall control, and the County Manager or designee, in consultation with the County Attorney, will conform the proposed development order in a manner which both satisfies the statutory requirements while best implementing the intent of the Land Development Code. This provision shall apply to both facilities with fuel pumps as well as any other business that falls within the parameters of Section 553.79(22), Florida Statutes. * * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION Section 5.06.00 Sign Regulation and Standards by Land Use Classification, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.00 Sign Regulation and Standards by Land Use Classification A. Definitions. The definitions of the following terms shall apply to the requirements of the Land Development Code, in particular this section 5.06.00, to be known as the "Collier County Sign Code." Activated sign: Any sign which contains or uses for illumination any light, lighting device, or lights which change color, flash, or alternate; or change appearance of said sign or any part thereof automatically; any sign which contains moving parts as part of its normal operation, such as rotating signs, shall be considered an activated sign. Page 20 of 30 Words struck through are deleted, words underlined are added 17A Animated,Activated sign: A sign depicting or involving action, motion, through electrical or mechanical means. * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 5.06.06 PROHIBITED SIGNS Section 5.06.06 Prohibited Signs, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.06 Prohibited Signs A. Prohibited. Any sign not specifically permitted by this sign code shall be prohibited. * * * * * * * * * * * * * 6. Animated signs /activated or activated signs. Except see Section 5.05.05 C.4 for electronic fuel pricing signs when located along an arterial or collector road right- of-way. 7. Clear or uncovered neon and exposed LED signs. Except see Section 5.05.05 C.4 for electronic fuel pricing signs when located along an arterial or collector road right-of-way. * * * * * * * * * * * * * SUBSECTION 3.F. AMENDMENTS TO APPENDIX D AIRPORT ZONING Appendix D Airport Zoning, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended as follows: APPENDIX D Airport Zoning APPENDIX I. {AIRPORT ZONING MAPS} APPENDIX I. [Airport Zoning Maps] Page 21 of 30 Words struck through are deleted,words underlined are added 1 7 A Mr91:111111111111111111111111:11tliErilleir 61164,.1J IY M11111d1111aF21 iii;11111111.15r AME1111ertall tliggliTir AtIVIlligiini 11161IF ger' diegille. PAI !i0 Aar AMMON== r itr. 400211111.11111 A.. 640111 fl#1` lrfleillill111111111 ® 1 dr.lid-_pIa,igial1I&uIIii141 .. --- ..._..,... ..:. 1 --- r-.....-.,.r ■Mw _■••• •..NI•- ... ..._ _ 1.-. '� •_.•\ ..- ■..••.•.. .I.lf.. i I'. 1Y:�t,, 2 I 1141{��h �'� MLI IR4. ftRr�1IOf-�R'�1� (SEE SECTION 4.02.06 (N)} Page 22 of 30 Words struck .are deleted, words underlined are added 1 7 A j i i 44 ; ! \ 'y l '• 't i ( , . illui!k , I t 1.i 1'1: . ' •\\ G a y } .1\.\,. 1 _ \\\\,\:\ 1 I 1 � l 1 1 1 I i1411...1.0 •r • .,fill 1• i!. .II '-'-i . . ,a ii1I i I !i - t Page 23 of 30 Words struck through are deleted, words underlined are added 17A ZONING MAP C. EVERGLADES AIRPORT (SEE SECTION 4.02.06 (N)) ZONING MAP C. EVERGLADES AIRPORT t 1 •• • • �• r . r • e Z . . i \ '''. 111:.;9011 Li, li I 7 f 1t l I I ti!aI * 00 °i;0 11#;i " ! / i 1 ..; % \ .. 41114mw 74.��,ndaa - . .I.jMMMn i:_: outn iI1 n I!rw rrr• 1 yo,t f _ , r Page 24 of 30 Words struck through are deleted, words underlined are added 17A ZONING MAP D. IMMOKALEE AIRPORT - (SEE SECTION 4.02.06 (N)) MEM i 1 1 ' \\ii i i 1t 1 1100\\\\\1\11i I II1,\ 1' II ,h . 1 i 11 i11 It►w 11j� 11 "fr.°Ik Nil 11 i ti-mi_.-,-.,.-.4 4' -,---61: il fll llIVj .i; I • 1 Page 25 of 30 Words struck through are deleted,words underlined are added 17A ZONING MAP A. NAPLES MUNICIPAL AIRPORT (SEE LDC SECTION 4.02.06) fly 11 ii I / g41011 G ' .1 \ /..... ,; �i ...prompt f,/,/,-/./;\„>,, , liii iii! K _ \, ''-'. :!:.i i _ - , : -- a 11--1011„ 1 1_— 1 r6,> Y �\C\\\\\\\� \� . t,v..,'"".71 ir x - . ' .'.'/fl-7, 4 tali \�\ [ '+--21111117-1�` �� ill 2•” 7� i� .. ,. . ,. �,� i \ r. .. . . „ .„, ....... .. 1 , ,. ,., .. r- „, 0, , y \\ € ' 1—_ ; 1,41_./.. I Z D D m mm U> O; 2) r -co) (no 777 2/13 -4 C) N D 2 O Z T� c r D (Map to be added] Page 26 of 30 Words struck through are deleted, words underlined are added 17A ZONING MAP B. MARCO ISLAND EXECUTIVE AIRPORT (SEE LDC SECTION 4.02.06) ii - i II /r I i / i / - / 4 61 i s ` /1 ii I ii 11 I I 1 I i I i I � m f ,IiLrI f° \ IA os I�Y, ,, i j j iitl "° yer �� 1 i 'i In a il r I `i I Y�d ' i mwn+n sn..w � 0 I \ i __ 1 I 1 i \ i I t . i \ I i 11 � I 1i 1 i 1i ‘ \ . i \ , i \\ ri • i r r I -. • 111111111111111111" ;I111111 1iii l l `1/■■■■■e■ i1 1i! �1a 1 ; 11■,%1■G ■ ..ttt...... 8 ''it ilbfe,0■■■11■ 11 II 1 4r t1I ■■■I1fl■ Ik 1ii ii!1i11111111 , �! 11111.1111111111111Md Si Ietee:; ;: 2i 1111111111111111111111 ll '11/44/1111111111111111111 i c..,,.:, eleeei,e1 c1 ■■■�w1■ IIIIIIvivi111aail I 1 __' — PNIVAII13 ION AIRPORT AIRSPACE I' l'I' i�l 0�)Aw�onT AIJTrgWTV o I , MIARCO ISL.AIO EXECUTIVE AIRPORT IIS oowwarwrts VIMMARCO It1LA10.FLORIDA (Map to be added) Page 27 of 30 Words struck through are deleted,words underlined are added t7A ZONING MAP C. EVERGLADES AIRPARK (SEE LDC SECTION 4.02.06) t▪ ioirIk , __ . ,.. _____- ......„ _ „_ , ,-- - .. : _•....., , . . 0, \\\E . -,4,* .., ..... otilli , . ...,_ . ,,,, , . , 44 . ' i A. 1 2111, \ ��_�.� // •. r D• ' C 2 C u u• Ii i 1 1 ;,.i! X € Li!)I 917 i .t' 7. E Hi[ i yL x K i - . i S f'8i T ill z T Frim 4C d i9F. a >s laids) li y m t iii '' i a Aux"A (Map to be added) Page 28 of 30 Words struck tugh are deleted,words underlined are added ZONING MAP D. IMMOKALEE AIRPORT „ (SEE LDC SECTION 4.02.06) tt. tt 1� t r:' t r t r t ' t - 1 t I Ill 'Th lii _ t., .s / I JiIIiI - _,1_—[_I iv ,;,;-;-, 4r t n; , i. .. I 171. 1 t:*�$ '-"\f/ ... \A9 . _____ — 1 t 'i WI-•--0--II,, i '. lit,II 11(i i 1 : : li i i 1 ii i 1 R i ii IIb .... i rill ) t 1 t .r 1—�` ii if I‘r'. V N Iiilili Silii u1„FIijill . ----- --- , �___ i 1 ; i is ili I 1i5 1 _- �: i I 1 ll t S 1ttil to k._ II II i Oil I i1 t II e 1: I El I {Map to be added) Page 29 of 30 Words struck through are deleted,words underlined are added 1 7 A * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. 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 shall 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 22nd day of October, 2019. AT"•'••., f, BOARD OF COUNTY COMMISSIONERS G42'i'STAL'K. kljeEL, CLERK OF COLLIER C ' NTY, FLORIDA • c• • , By: , puty Clerk WIL IAM L. MCDANIEL, JR., hairman Approved as to form and legality: This ordinance trice; with rn_ 6itars„Ltary of Stet: Office th F.,-4– day of .71 - Heidi F. Ashton-Cicko and acknowledge dent > that g Managing Assistant County Attorney filinreceived this -suer of - 04-CMD-01077/1817(8/27/19) ; ' —_ .' . +, " Page 30 of 30 12`°,"f ;a. Words struck through are deleted, words underlined are added if J jr 'oh N1 1µ1 FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State October 28, 2019 Ms. Teresa L. Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 19-35, which was filed in this office on October 25, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/1b R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us