Agenda 05/08/2012 Item #10C5/8/2012 item 'l 3.C.
-- -Original Message --
From: HenningTom
Sent: Wednesday, April 25, 2012 4 :50 PM
To: OchsLeo
Subject: LDC AMENDMENT
Leo
Please be advised this correspondence is a memo of reconsideration for item i4 -A z in part as outlined below, Board
of Commissioners meeting, date, April loth 2012. Please include the attachment. Thank you Commissionerfienning
Motion to accept Staff's interpretation of the Zoning, the Land Use Code and to affirm the MOU and Growth
Management Plan, have met all requirements Original Message--- -
From: HenningTom
Sent: Thursday, April 12, 2012112 AM
To: OchsLeo
Subject: 'LDC AMENDMENT
LEO
IS THE ATTACHED LDC AMENDMENT COMING TO THE COMMISSIONERS SOON? THANK
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COLLIER COUNTY
Board of County Commissioners
Item Number: 10.C.
5/8/2012 Item 10.C.
Item Summary: Request for reconsideration by Commissioner Henning of Item 14A2 from
the April 10, 2012 BCC Meeting titled: Response to the Collier County Clerk of Circuit Court
Internal Audit of the Marco Island Executive Airport Parallel Taxiway and Apron Expansion
Construction Project and request approval of staff clarification issued by the Zoning Manager
and Planning Manager finding the Airport in compliance.
Meeting Date: 5/8/2012
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
4/26/2012 8:52:55 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
4/26/2012 8:52:56 AM
Approved By
Name: OchsLeo
Title: County Manager
Date: 4/29/2012 7:09:27 PM
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5/8/2012 Item 10.C.
EXECUTIVE SUMMARY
Response to the Collier County Clerk of Circuit Court Internal Audit of the Marco
Island Executive Airport Parallel Taxiway and Apron Expansion Construction
Project and Request Approval of Staff Clarification issued by the Zoning Manager
and Planning Manager Finding the Airport in Compliance.
OBJECTIVE: To approve the Staff Clarification and re- authorize payment of the
outstanding pay applications totaling $943,681.01 to DeAngelis Diamond Construction,
Inc., (Contractor) for work performed during construction of the Marco Island Executive
Airport Parallel Taxiway and Apron Expansion Project (Project).
CONSIDERATIONS: As a result of an internal audit conducted by the Collier County
Clerk of Circuit Court (Clerk), the Clerk's office is refusing to pay Contractors invoice
totaling $943,681.08.
PAY APPLICATION NO. AMOUNT
Pay Application #9 $898,111.58
Pay Application #10 $30,844.01
Pay Application #11 $14.725.49
TOTAL $943,681.08
The audit concluded that, per the Land Development Code (LDC), it does not appear
that proper zoning was in place prior to the construction of the Project.
In response to the internal audit, a staff clarification was requested. Staff has
determined that the Project is consistent with the Collier County Growth Management
Plan (GMP), and the Marco Island Executive Airport Master Plan, which is incorporated
into the GMP by Policy 11.1 of the Transportation Element of the GMP.
Pursuant to Section 1.03.01.E of the LDC, when there is a conflict between the GMP
and the LDC, the provisions of the GMP prevail. The Zoning Manager and Planning
Manager have opined that the Airport Master Plan controls over the LDC, and that
portion of the Airport property that is zoned CON -ST does not need to be rezoned to a
zoning district that would expressly allow for aviation related uses.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: In accordance with Section 1.06.01.A. of the LDC, the
County Manager or his designee is authorized to make interpretations of the GMP and
LDC. The Staff Clarification is the official opinion of the County. This item is ready for
Board consideration and approval. A majority vote is required for approval. —HFAC
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5/8/2012 Item 10.C.
RECOMMENDATION: To approve staffs clarification and determination that
construction of the Marco Island Executive Airport Taxiway and Apron Expansion
Project is consistent with zoning requirements and re- authorize payment of the
outstanding pay applications totaling $943,681.08 to DeAngelis Diamond Construction,
Inc.
PREPARED BY: Chris Curry, Airport Authority Executive Director
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5/8/2012 Item 10.C.
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Bold text indicates a defined term
LDC Amendment Request
ORIGIN: Growth Management Division
AUTHOR: Ray Bellows, Zoning Manager
DEPARTMENT: Growth Management Division
AMENDMENT CYCLE: 2012 Cycle 1
LDC SECTION(S): 2.01.03 Essential Services
CHANGE: The proposed amendment amends subsection 2.0103.B to allow aviation related
uses as approved in the September 11, 2001 Memorandum of Understanding between the Collier
County Airport Authority and the Environmental Intervener Signatories to the Deltona
Settlement Agreement (July 20, 1982), including The Conservancy of Southwest Florida, the
National Audubon Society, the Florida Audubon Society, the Environmental Defense Fund, the
Izaak Walton League, Florida Division, the Florida Department of Environmental Protection,
the South Florida Water Management District, the Florida Department of Community Affairs,
The Deltona Corporation, and Collier County.
REASON: This LDC amendment is intended to clarify that aviation related uses are permitted as
an essential service on the portion of the Marco Island Airport development footprint that is
zoned Conservation. The change will make the zoning consistent with the Airport Master Plan
adopted by the Collier County Growth Management Plan per Policy 11.1 of the Transportation
Element.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTESNERSION DATE:
Prepared by Caroline Brigham on March 14, 2012, March 21, 2012
Amend the LDC as
1 2.01.03 - Essential Services
2
3 Essential services are hereby defined as services designed and operated to provide
4 water, sewer, gas, telephone, electricity, cable television or communications to the general
5 public by providers which have been approved and authorized according to laws having
6 appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning
7 district subject to the following conditions:
8 A. The following uses shall be deemed permitted uses in all zoning districts, except CON
9 districts, RFMU sending lands, NRPAS, HSAS, and FSAS:
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5/8/2012 Item 10.C.
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1 1. Water lines and sewer lines;
^ 2 2. Natural gas lines, except those associated with oil extraction and related
3 processing operations as defined in this Code and regulated under applicable
4 federal and state law;
5 3. Telephone lines, telephone switching stations, and cable television lines;
6 4. Communication towers, limited to those providing wireless emergency telephone
7 service, subject to all applicable provisions section 5.05.09 of this Code;
8 5. Electrical transmission and distribution lines, substations, and emergency power
9 structures;
10 6. Sewage lift stations and water pumping stations;
11 7. Essential service wells (including extraction facilities and requisite ancillary
12 facilities);
13 8. Any other wells which have been or will be permitted by the South Florida Water
14 Management District or the Florida Department of Environmental Protection
15 either prior to or subsequent to the effective date of this ordinance, or if the
16 respective well and /or well related facility is otherwise required to be installed or
17 constructed by law. If any proposed well is a Collier County owned well under the
18 permitting jurisdiction of a Florida agency, staff, early in the County's well permit
19 application process, shall post sign(s) at the County's proposed well site(s) and
20 shall provide written notice that the county has applied for a required well permit
21 to property owners within 300 feet of the property lines of the lots or parcels of
22 land on which the applied -for well is being sought by the County, including, if
23 applicable, the times and places of the permitting agency's scheduled public
24 hearings; and
25 9. Conservation Collier lands which provide for permitted nondestructive, passive
26 natural resource based recreational and educational activities, exclusive of major
27 improvements. Permitted minor improvements shall be limited to one (1) ground
28 sign, not to exceed eight (8) feet in height with _a maximum sign area of thirty -
29 two (32) square feet; a parking area, not to exceed twenty (20) parking spaces;
30 hiking trails; ::a fully >accessible trail or trail section; educational kiosks not to
31 exceed one hundred (100) square feet; and public restroom facilities not to
32 exceed five hundred (500) square feet. The provisions for Conservation Collier
33 lands in this Code do not affect the underlying zoning districts or land use
34 designations in any district where Conservation Collier lands are established.
35 Such that no expansion or diminution of the various zoning district permitted uses
36 is intended or implied by these provisions, except as stated above with respect to
37 minor improvements. Oil and gas exploration as defined and regulated in this
38 Code remains a ;permitted use on or beneath Conservation Collier lands
39 established in any zoning district providing for oil and gas exploration as a
40 permitted use pursuant to subsection 2.03.09 B.1.a.viii.
41 B. Permitted Essential services IN CON districts, RFMU sending lands, NRPAs, HSAs,
42 and FSAs.
43 1. Within CON districts, Sending Lands in the RFMU district, NRPAs, and within
44 designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas
45 (FSA) within the RLSA overlay district subject to the limitations set forth in
46 section 4.08.08 C., the following essential services are permitted:
47 a. Private wells and septic tanks;
48 b. Utility lines, except sewer lines;
49 C. Sewer lines and lift stations, only if located within already cleared portions
50 of existing rights -of -way or easements, and necessary to serve a
51 publicly owned or privately owned central sewer system providing service
52 to urban areas; or the Rural Transition Water and Sewer District, as
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5/8/2012 Item 10.C.
Text underlined is new text to be added.
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delineated on the Urban -Rural Fringe Transition Zone Overlay Map in the
Future Land Use Element of the GMP; and,
d. Water pumping stations necessary to serve a publicly owned or privately
owned central water system providing service to urban areas; or the Rural
Transition Water and Sewer District, as delineated on the Urban -Rural
Fringe Transition Zone Overlay Map in the Future Land Use Element of
the GMP.
e. Conservation Collier lands which provide for permitted nondestructive,
passive natural resource based recreational and educational activities,
exclusive of major improvements. Permitted minor improvements shall be
limited to one (1) ground sign, not to exceed eight (8) feet in height with
a maximum sign area of thirty-two (32) square feet; a parking area, not to
exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or
trail section; educational kiosks not to exceed one hundred (100) square
feet; and public ... restroom facilities not to exceed five hundred (500)
square feet. The provisions for Conservation Collier lands in this Code
do not affect the underlying zoning districts or land use designations in
any district where Conservation Collier lands are established, such that
no expansion or diminution of the various zoning district permitted uses is
intended or implied by these provisions, except as stated above for minor
improvements. Oil and gas exploration as defined and regulated in this
Code remains a > permitted use on or beneath Conservation Collier
lands established in the CON zoning district providing for oil and gas
exploration as a permitted use subject to subsection 2.03.09 B.1.a.viii.
oouinwesi rionua, i ne Ivauunai HuuuUUn OULAew, i ne riunud rruuuuun
Society, The Environmental Defense Fund, Izaak Walton League, Florida
Division, The Florida Department of Environmental Protection, The South
Florida Water Manaaement District. The Florida Department of
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