Agenda 06/12/2012 Item # 9C6/12/2012 Item 9.C.
Cof er County
Department of Land Development Services
Growth Management Division, Planning & Regulation
STAFF CLARIFICATION: SC- 2012 -01
DATE: April 3, 2012
LDC SECTIONS: 1.03.01.E, 1.06.0l.A, 2.01.03, and 2.03.09.B
GMP OBJECTIVES: 11 and Policy 11.1 of the Transportation Element
INITIATED BY: Nick Casalanguida, Administrator, Growth Management Division
BACKGROUND /CONSIDERATION: On April 30 2010, the Collier County Airport Authority
submitted a site development plan amendment for the Marco Island Executive Airport to permit
construction of a parallel taxiway and apron expansion. The subject airport is primarily zoned as Public
Use (P) with approximately 165 feet of the parallel taxiway located on the airport property zoned
Conservation- Special Treatment (CON -ST). The expansion plans were approved allowing a portion of the
taxiway on airport property lands zoned Conservation based upon a 1996 Inter -local Ingress /Egress
Agreement between the Florida Department of Environmental Protection (DEP) and the Collier County
Airport Authority. The existing Marco Island Executive Airport facilities includes a 350 foot long strip of
land that protrudes approximately 122 feet into the CON -ST zoned portion of the airport grounds (See
Attachment A).
On March 26, 2012, the Collier County Clerk of the Circuit Court submitted an internal audit of the
Marco Island Executive Airport Parallel Taxiway expansion project. The findings of this audit indicate
that LDC Section 2.03.09.B of the Conservation Zoning District doesn't permit an airport or any aviation
related uses nor are these uses permitted in Section 2.01.03 as an essential service. In addition, the audit
indicates that Resolution 2001 -345 contains a provision that the development of the Marco Island
Executive Airport will not occur outside of the geographic confines of the development footprint under
the "Limits of Development" map. The audit concludes that it does not appear that proper zoning was in
place prior to the construction for the parallel taxiway expansion project. As a result, the portion of the
airport property zoned CON -ST needs to be rezoned to a zoning district that would allow an airport use.
DETERMINATION (CLARIFICATION): Staff has determined that the expansion plans as depicted
in SDPA -PL- 2010 -418 to the extent that it authorized work in the CON -ST zoned airport property are
consistent with the 1996 Inter -local Ingress /Egress Agreement and the First Amendment to the 1996
Interlocal Ingress /Egress Agreement dated August 28, 2000 between DEP and the Collier County Airport
Authority and is consistent with the Memorandum of Understanding (MOU) that was entered into by
Collier County, the State of Florida, and several other parties and adopted on September 11, 2001. This
MOU (See Attachment B) specifies that the BCC shall, by Resolution, forever delimit the development of
the airport consistent with the Marco Island Executive Airport's 20 -year Master Plan. This Master Plan,
as incorporated in the Collier County Growth Management Plan (GMP), includes the parallel taxiway on
the west side of the existing runway on the CON -ST zoned properties. Based upon the adopted MOU in
which the the applicable parties agreed that aviation related uses are allowed on the CON -ST airport
properties, staff was able to approve the development plans depicted in SDPA -PL- 2010 -418.
SC- 2012 -1
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6/12/2012 Item 9.C.
This determination is supported by Objective 11 and Policy 11.1 of the Transportation Element of the
GMP which provides that the County shall "maintain County owned airport facilities"... consistent with
the approved Airport Master Plan for each airport" and "shall incorporate by reference the Marco Island
Executive Airport Master Plan ". Both the 1996 and the 2009 Marco Island Executive Airport Master
Plans clearly show the expanded taxiway area. (See portions of master plans in Attachments C and D)
Lastly, although the LDC does not expressly authorize the taxiway in the CON -ST District, when there is
a conflict between the GMP and the LDC, the provisions of the GMP prevail pursuant to LDC Section
1.03.01.E that reads as follows:
E. In all circumstances, the provisions of these regulations shall be interpreted and construed to be
consistent with the GMP. Where any provision(s) of these regulations are determined to be in
conflict with the GMP, the GMP shall control.
It is our opinion that this LDC provision provides a context that supports the use of the development plans
that are contained in the Marco Island Executive Airport Master Plan to address any inconsistencies with
the LDC in regards to the use of the subject property. Therefore, the adopted Airport Master Plan controls
over the LDC and that portion of the airport property zoned CON -ST does not need to be rezoned to a
zoning district that would expressely allow for aviation related uses. Our conclusion is supported by the
existing airport facilities that protrude into the CON -ST District.
Pursuant to Section 1.06.01 of the LDC, the County Manager or designee shall have the following
authority:
• To make all interpretations of the text of this LDC, the boundaries of zoning districts on the
official zoning atlas, and to make all interpretations of the text of the GMP and the boundaries
of land use districts on the future land use map.
• The County Manager or designee shall have the authority to make all interpretations of the text
of this LDC on matters related to the Building Code, building permit requirements, building
construction administrative code or building permits.
• During the course of review of a development order or permit, as the case may be, should an
applicant and staff be unable to concur on the application of a specific provision or provisions
of this LDC, the County Manager or designee shall be authorized to make a final determination.
AUTHOR: Raymond Bellows, Planning Manager, Zoning Services Section
Michael Bosi, Planning Manager, Comprehensive Planning Section
Attachments: A. Aerial Photo Depicting Existing Protrusion into the CON -ST District
B. Memorandum of Understanding
C. Marco Island Executive Airport Master Plan adopted on June 23, 2009
D. Marco Island Executive Airport Master Plan dated 1996
cc: Chris Curry, Executive Director, Collier County Airport Authority
William Lorenz, P.E., Land Development Services Director
David Weeks, GMP Manager
Heidi Ashton - Cicko, Assistant County Attorney
Zoning Clarification File
SC- 2012 -1
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6/12/2012 Item O.C.
EXECUTIVE SUMMARY
Recommendation to consider an Ordinance of the Board of County Commissioners of
Collier County, Florida, amending Ordinance number 0441, as amended, The Collier
County Land Development Code, which includes the comprehensive land regulation for the
unincorporated area of Collier County, Florida, by providing for: Section One, Recitals;
Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land
Development Code, more specifically amending the following: Chapter Two — Zoning
Districts and Uses, including Section 2.01.03, Essential Services, to add aviation uses as a
permitted use in the Conservation Zoning District on lands adjacent to the Marco Island
Executive Airport; Section Four, Conflict and Severability; Section Five, Inclusion in the
Collier County Land Development Code; and Section Six, Effective Date.
OBJECTIVE:
To amend the provisions of the Collier County Land Development Code (LDC) to serve the best
interest of the public.
CONSIDERATIONS:
This is the first of two public hearings required by the LDC for amendments to the Collier
County Land Development Code.
This amendment codifies Staff Clarification 2012 -01 (Attachment SC- 2012 -01) that was
presented to the Board of County Commissioners (BCC) on April 10, 2012. The Staff
Clarification identified that the Marco Island Executive Airport development is properly zoned
and is an allowable use within the Conservation zoning district and Special Treatment overlay
(CON -ST) as described in the Memorandum of Understanding (MOLL) entered into by Collier
County, the State of Florida, and several other parties and adopted on September 11th, 2001. On
April 10, 2012 the BCC concurred with the Staff Clarification.
Staff has found previous zoning maps (1976, 1982, and 1991) that show conflicting delineations
regarding where the CON -ST line actually lies on the project site. The MOU, however,
specifically delimits the development of the airport to be consistent with the Marco Island
Executive Airport's 20 -year Master Plan. Given the ambiguity of the zoning line delineation and
the intent of the MOU, staff is recommending that this LDC amendment be adopted to
specifically permit the uses identified in the MOU.
This amendment was presented to, and reviewed by, the Development Services Advisory
Committee, the Environmental Advisory Council, and was reviewed on Friday, April 13, 2012
and approved on Wednesday, April 25, 2012 by the Collier County Planning Commission.
Recommendations of each of these bodies are included in the summary description of the LDC
amendment along with any advisory body's proposed revisions to the staff recommended
changes. A summary of the review of this amendment by these entities is provided with this
Executive Summary on the first page of this document.
Page 1 of 2
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6/12/2012 Item c.C.
FISCAL IMPACT:
As noted on the amendment in the attached LDC Amendment Request Form.
LEGAL CONSIDERATIONS:
This item is ready for Board consideration and approval. An affirmative vote of four is needed
for Board approval. - -HFAC
GROWTH MANAGEMENT IMPACT:
The proposed amendment to the Land Development Code is consistent with Policies, Objectives
and Elements of the GMP.
STAFF RECOMMENDATION:
This is the first of two public hearings required by the LDC. Staff recommends that the Board of
County Commissioners approve the proposed amendment at the second hearing and provide
direction to staff as to any further amendments to the proposed text.
PREPARED BY:
Caroline Cilek, Senior Planner, Land Development Services Department
Growth Management Division, Planning & Regulation
Attachments: 1) LDC Amendment Request 2.01.02 Essential Services- aviation
2) LDC Summary Sheet for Essential Services
3) SC- 2012 -01, Staff Clarification
4) Back -up information including: Attachment A; Essential Services Attachment
B (MOU); Essential Services Attachments C &; and Ex Sum for MKY
5) "Proposed" LDC Ordinance- Essential Services
Page 2 of 2
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6/12/2012 Item 9.C.
COLLIER COUNT'
Board of County Commissioners
Item Number: 9.C.
Item Summary: Recommendation to consider 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 regulation for
the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals;
Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land
Development Code, more specifically amending the following: Chapter Two — Zoning Districts
and Uses, including Section 2.01.03 Essential Services, to add aviation uses as a permitted use in
the Conservation Zoning District on lands adjacent to the Marco Island Executive Airport;
Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land
Development Code; and Section Six, Effective Date.
Meeting Date: 6/12/2012
Prepared By
Name: CilekCaroline
Title: Sr. Planner, Operations and Regulatory Management
5/21/2012 8:42:16 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 5/21/2012 11:11:12 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 5/22/2012 10:40:18 AM
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 5/22/2012 12:23:22 PM
Name: FrenchJames
Title: Manager CDES Operations,Operations & Regulatory Management
Date: 5/29/2012 7:51:38 PM
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Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 5/30/2012 1:22:23 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/31/2012 10:01:10 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/31/2012 7:20:03 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/1/2012 2:29:41 PM
Name: OchsLeo
Title: County Manager
Date: 6/5/2012 5:15:21 PM
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6/12/2012 Item..
6/12/2012 Item 9..C.
Text underlined is new text to be added.
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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
zoned Conservation. The change will
adopted by the Collier'County Gro"
Element.
Airport '' development footprint that is
consistent with the Airport Master Plan
.an per Policy 11.1 of the Transportation
FISCAL & OPERATIONAL IMPACTS: N
TIO
GROWTH MANAGEMENT PLAN IMPACT: None.
ADVISORY BOARD RECOMMENDATIONS:
DSAC: Approved.
EAC: Revise the language in Section 2.01.03.B.f to read: "Marco Island Executive Airport
aviation related uses as approved'in the September 11, 2001 Memorandum of Understanding
between the Collier County Airport Authority and the Intervenor Signatories to The Deltona
Settlement Agreement (July 20, 1982), including The Conservancy of Southwest Florida, The
National Audubon Society, The Florida Audubon Society, The Environmental Defense Fund,
Izaak Walton League, Florida Division, The Florida Department of Environmental Protection,
The South Florida Water Management District, The Florida Department of Community Affairs,
The Deltona Corporation, and Collier County."
CCPC: Approved.
OTHER NOTES/VERSION DATE:
Prepared by Caroline Cilek on March 14, 2012, March 21, 2012, May 16, 2012
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6/12/2012 Item .1.--'..
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Amend the LDC as follows:
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:
10 1. Water lines and sewer lines;
11 2. Natural gas lines, except those associated with: oil extraction and related
12 processing operations as defined in this Code and ~regulated under applicable
13 federal and state law;
14 3. Telephone lines, telephone switching stations, and cable television lines;
15 4. Communication towers, limited to those providing wireless emergency telephone
16 service, subject to all applicable provisions section 5.05.09 of this Code;
17 5. Electrical transmission and distribution'` lines, substations, and emergency power
18 structures;
19 6. Sewage lift stations and�water pumping stations;
20 7. Essential service wells l (including extraction, facilities and requisite ancillary
21 facilities);
22 8. Any other wells which have been or will bei permitted by the South Florida Water
23 Management District or the Florida''' Department of Environmental Protection
24 either prior to or subsequent to''pthe effective date of this ordinance, or if the
25 respective well and /or, well related facility is otherwise required to be installed or
26 constructed by law. If any ;proposed well is a Collier County owned well under the
27 pd�rmi##in jurisdiction of a'Flori a agency, staff, early in the County's well permit
28 applicatio process,`' shall post signs) at the County's proposed well site(s) and
29 shall provide written"Inotice that the county has applied for a required well permit
30 to property owners within 300 feet of the property lines of the lots or parcels of
31 land on which the applied -for well is being sought by the County, including, if
32 applicable, the times and places of the permitting agency's scheduled public
33 hearings; and
34 9. Conservation Collier lands which provide for permitted nondestructive, passive
35 natural resource based recreational and educational activities, exclusive of major
36 improvements. Permitted minor improvements shall be limited to one (1) ground
37 sign, not to exceed eight (8) feet in height with a maximum sign area of thirty -
38 two (32) square feet; a parking area, not to exceed twenty (20) parking spaces;
39 hiking trails; a fully accessible trail or trail section; educational kiosks not to
40 exceed one hundred (100) square feet; and public restroom facilities not to
41 exceed five hundred (500) square feet. The provisions for Conservation Collier
42 lands in this Code do not affect the underlying zoning districts or land use
43 designations in any district where Conservation Collier lands are established.
44 Such that no expansion or diminution of the various zoning district permitted uses
45 is intended or implied by these provisions, except as stated above with respect to
46 minor improvements. Oil and gas exploration as defined and regulated in this
47 Code remains a permitted use on or beneath Conservation Collier lands
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6/12/2012 Item S.C.
Text underlined is new text to be added.
Bold text indicates a defined term
established in any zoning district providing for oil and gas exploration as a
permitted use pursuant to subsection 2.03.09 B.1.a.viii.
B. Permitted Essential services IN CON districts, RFMU sending lands, NRPAs, HSAs,
and FSAs.
1. Within CON districts, Sending Lands in the RFMU district, NRPAs, and within
designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas
(FSA) within the RLSA overlay district subject to the limitations set forth in
section 4.08.08 C., the following essential services are permitted:
a. Private wells and septic tanks;
b. Utility lines, except sewer lines;
C. Sewer lines and lift stations, only if located within already cleared portions
of existing rights -of -way or easements, and necessary to serve a
publicly owned or privately owned central sewer system providing service
to urban areas; or the Rural Transition Water and Sewer District, as
delineated on the Urban -Rural Fringe Transition Zone Overlay Map in the
Future Land Use Element of the AMP; 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.
Southwest Florida, The National Audubon Society, The Florida Audubon
Society, The Environmental Defense Fund, Izaak Walton League, Florida
Division, The Florida Department of Environmental Protection, The South
Florida Water Management District, The Florida Department of
Community Affairs, The Deltona Corporation, and Collier County.
# # # # # # # # # # # # #
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Attachment B 6/12/2012 Item 9.C.
EXECUTIVE SUMMARY
RECOMMENDATION TO AUTHORIZE THE BOARD'S CHAIRMAN TO
EXECUTE A RESOLUTION AND A "MEMORANDUM OF UNDERSTANDING"
RELATED TO THE DELTONA SETTLEMENT AGREEMENT OF 1982 AND
THE MARCO ISLAND EXECUTIVE AIRPORT
OBJECTIVE: To authorize the Board's Chairman to execute the attached Memorandum
of Understanding (MOU) and the attached associated Resolution.
CONSIDERATION: In 1992, in conjunction with settling several disputes regarding the
development of Marco Island, Collier County and eight (8) other organizations (called
the "Signatories' } executed an Agreement entitled the "Deltona Settlement Agreement"
which, among many other restrictions to the future development of lands then owned by
the Deltona Corporation, restricted the Marco Island Executive Airport's ability to freely
develop the Airport, including a taxiway on the west side of the runway and a needed
aircraft apron, except to the extent such improvements are mandated by law, rule or
regulation. Title to the land that is now the Marco Island Airport was owned by the
Deltona Corporation at the time of execution of the Deltona Agreement in 1982.
Although not mandated by law, the Collier County Airport Authority and the Executive
Director, in consultation with experts and with the Federal Aviation Administration. has
determined that a parallel taxiway on the west side of the existing runway, and aircraft
apron, are highly desirable to improve safety at the Marco Island Executive Airport.
Beginning in 1999, the Authority began negotiating the attached Memorandum of
Understanding, that has at long last finally been executed by :all of the signatories to the
Deltona Settlement Agreement except the Board of County Commissioners. The \IOU
and the attached Resolution remove obstacles to the following:
A. Construction of a taxiway on the west side of the existing runway
B. Construction of aircraft apron and hangar
C. Clearing of obstructions to aircraft approaches
In addition, the MOU specifies:
1.
That the :Board of County Commissioners shall by Resolution forever delimit
the development of the Airport consistent with the Airport's 20 -year master
plan.
2.
That the Authority shall develop a vegetation management program with the
Audubon Society prior to removing vegetation obstructions in aircraft
approaches, namely protected mangrove trees.
3.
That the Authority shall urge The Florida Department of Environmental
Protection to reduce the size of airport land to that which is minimally needed
to be consistent with the 20 -year airport master plan.
4.
That the Authority shall forward all future mitigation packages to the
Signatories to the Deltona Agreement for their comments.
5.
That the Authority shall propose to the County that State- owned-- lan&-
adjacent to the Airport be encumbered by a conservation easement. A` -,E` DA ITEM
Ik L 1
6.
That the MOU amends the Deltona Settlement Agreement. •ter 1 b
reement.
S EP 1 1 2001
pg. /
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6/12/2012 Item 9,"
The following agencies have executed the MOU:
1. The Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida
2. The Conservancy of Southwest Florida
3. The National Audubon Society and Florida Audubon Society
4. The Environmental Defense Fund
S. The ISAKK Walton League, Florida Division
6. The Florida Department of Environmental Protection
7. The South Florida Water Management District
8. The Florida Department of Community Affairs
9. The Deltona Corporation
Subject to the Board executing the attached MOU and the attached associated Resolution.
the Authority will pursue fully implementing the MOU
GROWTH IMPACT: None.
FISCAL IMPACT: None.
RECOMMENDATION: That the Board of County Comnussioners authorize Chairman
Carter to execute the attached Resolution an&Met or dum o Understanding.
PREPARED BY:
J 11-1. Drury, A.A.E., Etiecuti ° Di!rector
..r - I \ r
V /f Lett
REVIEWED BY: �I � CV
Tom Palmer, Assistant County Attorney
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A'3ENDA ITEM
1
S EP 1 1 2001
6/12/2012 Item O.C.
MEMORANDUM OF UNDERSTANDING
WHEREAS, the. Collier County Airport Authority (the "Authority ") is charged
with the management and operation of the Marco Island Executive Airport (the
"Airport"); and
WHEREAS, The Conservancy of Southwest Florida, The National and Florida
Audubon Societies, Environmental Defense Fund, and The Florida Division of the lzaak
Walton League are Environmental Intervenor Signatories (the "Signatories") to the
Deltona Settlement Agreement of July 20, 1982; and
WHEREAS, a meeting was held at the Airport on July 23, 1999, among the
Authority and some of the Signatories. The purpose of that meeting was to try to resolve
disputes regarding safe operation of the Airport and compliance with the Deltona
Settlement Agreement; and
WHEREAS, the participants of said meeting agreed to execute a Memorandum
of Understanding (MOU) in furtherance of paragraph no. 14 of the Deltona Settlement
Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
04— 1. The Authority, by Resolution to be presented to the Board of Count.-
Commissioners, shall urge that said Board forever delimit the Development Areas of the
Airport. Said resolution identified as Exhibit A attached hereto and made a part hereof.
2. Prior to any cutting, trimming, removing- or other modification of vegetation
outside the Development Areas, the Authority and The Florida and National Audubon
Societies shall cooperatively develop a mutually satisfactory Vegetation Management
Program that is approved by the FAA and the FDOT. The Authority agrees to abide b-
said approved Program in perpetuity. Said "Development Areas" identified in Exhibit B
attached hereto and made a part hereof.
3. The Authority shall urge the Florida Department of Environmental Protection
(FDEP) to amend the Interlocal ingress/Egress Agreement as is proposed in Exhibit C.
The Authority shall through negotiations use its best efforts to acquire acquiescence
thereto from FDEP. The Authority shall not commence the projects listed in numbered
paragraph seven (7) until said amended Agreement is executed by FDEP and the Collier
County Airport Authority.
4. Promptly after implementation of numbered paragraphs one (1) through three
(3). above, the .Authority shalt submit to the Signatories (for their written comments
thereon) each mitigation package hereafter required from the Airport by any State or
Federal regulatory agency.
1]
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AGt ^i ^A ITEM
Pin
SE° 1 1 200
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6/12/2012 Item.,.
5. The Authority shall propose to the Board of County Commissioners that the
properties located adjacent to the property remaining within its ownership outside the
"Development Areas" designated pursuant to Exhibit B shall be encumbered by a
perpetual conservation easement enforceable by any and all Signatories. This
conservation easement shall prohibit all development and management activities within
said properties not expressly approved in writing by all of the Signatories. The Authority
shall not commence or commit resources toward commencement or implementation of
the projects listed in numbered paragraph seven (7), below, until the Airport Authority
and County have executed said Conservation Easement. Said Conservation Easement to
be prepared by The Conservancy of Southwest Florida and delivered to the Airport
Authority for execution, said delivery date no later than 30 days from execution of the
MOU.
6. The Authority shall not commence or commit resources toward commencement
or implementation of the projects listed in numbered paragraph seven (7), below, unless
and until this MOU has been fully executed.
7. upon the conclusion of numbered paragraphs one (1) through six (6), above,
all of the Signatories that have signed this MOU thereby aeree only to the followin4
projects as further identified in Exhibit B:
A. Parallel taxiway on the %vest side of the existing, ruriv-ay;
B. Apron hangar area. and
C. FAR part 77 Vegetation Management Program. as described in
numbered paragraph two (2). above.
8. This NIOU hereby expressly amends the Deltona Settlement Agreement.
Agreed to by each of the parties that have executed this Memorandum of
Understanding, effective 2000. Each signer is an authorized
representative of the entity.
COLLIER COUNTY AIRPORT AUTHORITY
By:
Chairman
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
- - - - -A Gr NEM ITEM,!`�
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THE CONSERVANCY OF SOUTHWEST F�ORIDA
BV:
Da�ifi- E- Gtegoergtetf-,,+4tD -; guide -Rt a;R4-E -9-
Elinor V. Krier, Interim President
6/12/2012 Item 0.C.
THE NATIONAL AUDUBON SOCIETY and FLORIDA AUDUBON SOCIETY
By: r
Stuart Strahl, Ph.D.
President. Florida Audubon Society
Vice President, National Audubon Society
ENVIRON IENTAL DEFENSE FUND
Jame T. B. Tripp
IZAAK WALTON LEAGUE, FLORIDA DIVISION
Juanita Greene, President
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(Successor to Florida Department of Environmental Regulation)
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6/12/2012 Item �,.G.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(By signing this agreement, the District is not waiving any rights or
authorities that the SFWMD may have under Chapter 373, Florida Statutes
or the Del ona Agreement)
By:
Henry De
Execu i Director
South Florida Water Management District
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
(Successor to Florida Department of Community and Veterans Affairs)
B%-:
Thomas Beck, Direct
ivision of Community Hanning
THE DELTONA CORPORAA- TI.O-"'
f- S
Anton" Gram. President
COLLIER COUNTY
B�:
Chairman
Collier County Board of County Commissioners
Packet Page -343-
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6/12/2012 Item 9.G.
RESOLUTION NO. 2001-
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING TO TiiE GREATEST EXTENT
NOW OR HEREAFTER ALLOWED BY LAW, TIIAT DEVELOPMENT AT TIIE
MARCO ISLAND EXECUTIVE AIRPORT SHALL NEVER OCCUR OUTSIDE
OF THE GEOGRAPHIC CONFINES OF THE DEVELOPMENT FOOTPRINT
NOW EXISTING IN THAT AIRPORT'S MASTER PLAN
WHEREAS, A Long Range Master Plan exists for development of the Marco Island
Executive Airport ( "Airport "); and
WHEREAS, an Airport Layout Plan ( "ALP' that depicts the ultimate build -out
development of the Marco Island Executive Airport is a part of that Master Plan; and
WHEREAS, The Conservancy of Southwest Florida and four (4) other "conservation
groups" (noted in a Memorandum of Understanding) have requested assurance from the
Collier County Board of County Commissioners that all development of the Marco Island
Executive Airport shall remain in perpetuity within the current "Development Areas" of
the current Master Plan, except to the extent, if any, that The Conservancy of Southwest
Florida, National Audubon Society, Florida Audubon Society, Environmental Defense
Fund, IZAAK Walton League- Florida Division, or each respective entity's then
successor(s) in function, may from time -to -time authorize in writing.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUT \Y
COMMISSIONERS OF COLLiE,R COUNTY, FLORIDA, that:
The "Development Areas" of Marco Island Executive Airport, as such footprint is
depicted in the ALP attached hereto as Exhibit A, and by reference is incorporated herein.
shall never be expanded in geographic area outside of the current footprint except to the
extent, if any, that the Conservancy of Southwest Florida, National Audubon Society,
Florida Audubon Society, Environmental Defense Fund, IZAAK Walton League- Florida
Division, or each respective entity's then successar(s) function, may from time -to -time
authorize in writing. i•Iowever, this Resolution does not limit the County's then legal
obligations, if any, to install aids to navigation or other things outside of said footprint,
but only to the extent that such aids or other things are then required by law to safely
operate aircraft into and/or out of the Airport, and only in accordance with the Marco
Island Executive Airport Memorandum of understanding executed by the signatories to
the Deltona Settlement Agreement, including the Board of County Commissioners of
Collier County. With respect to the aids to navigation, such aids shall be limited to aids
that are then required to aid "Aircraft" of the types and sizes allowed to land and take off
at the Airport as of the effective date of this Resolution:
This Resolution adopted this
majority vote favoring adoption.
ATTESTED:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and
legal sufficiency:
Thomas C. Palmcr,
day of September, 2001, after motion, second and
By:
BOARD OF COUNTY CONtMISSIONERS
COLLIER COUNTS FLORIDA
JAMES D. CARTER, Ph.D., Chairman
61 Assistant County Attorney
62 AGENDA ITEM
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6/12/2012 Item 9.C.
FIRST AMENDMENT TO
INTERLOCAL INGRESS /EGRESS AGREEMENT
The First Amendment to the Interlocal Ingress/Egress Agreement (hereinafter "Agreement') is made
and entered into this 9A4i _ day of -01, 2 -000, by and between the COLLIER COUNTY AIRPORT
AUTHORITY, COLLIER COUNTY, FL RIDA (hereinafter "The Airport Authority") and the BOARD OF L
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE,STATE OF FLORIDA, by
and through the Department of Environmental Protection OF FLORIDA (hereinafter "DEP ").
WITNESSETH:
WHEREAS, DEP and Collier County entered into that certain Memorandum of Agreement dated the
day of Februar} , 1995, recorded at OR Book 2034, pages 1257 through 1260, Public Records of Collier,
Counm Florida, which provides for DEP to enter into an ag *reement with the County to provide ingress and
egress over and upon state- otiti•ned lands in accordance with Federal Aviation Standards. Part 77: and
Nt'HEREAS, Collier County has, b}, County Ordinance No. 95 -67, delegated to the Airport authority
fall p over and authority to enter into and administer this Agreement on behalf of the Count-,--. and
WHEREAS, the DEP and Collier County airport authority entered into that certain Interlocal
ingress Egress Agreement dated Januan, 17, 1996.
NOR' THEREFORE, in consideration of the premises, including the above- referenced Interlocal
Innress.'Egress Agreement and the covenants, terms and provisions contained herein, the DEP and the
Airport Authority agree as follows:
I. Exhibit A to the Interlocal Inaress.fEgress Agreement is deleted in its entirety and replace with a new
E habit A attached hereto and made a part hereof.
2. Reference in Paragraph 2 to "11,400 feet long and 2,000 feet wide" is deleted in its entire y.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and
year first above written.
AS TO AIRPORT AUTHORITY:
ATTEST: COLLIER COUNTY AIRPORT AUTHORITY:
COLLIER COUNTY FLORIDA
P'CUTIVE RUBY
DIRECTOR
Approved as to form and
Legal sufficiency:
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Thomas C. Palmer, Assistant County Attorney
` 311c� L czdl"-- --
HERB NOREN, CHAIRMAN
"Packet Page -346-
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EXHIBIT "C"
AS TO DEP:
\WI TINE SS: l�
Print,"Type Witnef;s Name
%%IT,NESS:
Print`T%-Pe Witness Name
6/12/2012 Item 0.C.
FLORIDA DEPARTMENT OF
ENVIRON1YfENTAL PROTECTION
By: z.' . �2. 'A:Q�
Gloria C. Nelson, Operations and
Management Consultant Manager, Bureau
of Public Land Administration, Division of
State Lands, Department of Environmental
Protection
STATE OF FLORIDA
COUNTY OF LEON
A G The for Roing instrument teas acknowledged `before me this
davof
, -/ 2000, by Gloria C. Nelson. Operations and %Management Consultant
. Ia n6L Bureau of Public Land administration. Division of State Lands, Department of
Environmental Protection. for and on behalf of the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida. She is personally known to me
Notf�ublic, State of Florida
Sylvia S. Roberts
MY CQMMISSICN d CCSS4057 E PfRES
Jury 25, 2001
W"00 Print Type Notary Name
oc� "WIVICt.0C.
NI", Commission Expires:
Approved as to form and legality:
DEP Attorney " DA ITEM
No..,
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6/12/2012 Item 9.G..
Agenda 16G111
June 23, 2009
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve the Marco
Island Executive Airport Master Plan Update, approved by the Federal Aviation
Administration on April 15, 2009 in compliance with the Airport Authority's
Administrative Code.
OBJECTIVE: That the Board of County Commissioners (BCC) approve the Marco
Island Executive Airport Master Plan Update, approved by the Federal Aviation
Administration on April 15, 2009.
CONSIDERATIONS: The Federal Aviation Administration (FAA) requires an
approved Airport Layout Plan (ALP) in order for an airport to receive federal funds for
capital improvement projects. The FAA approved the Marco Island Executive Airport
Master Plan Update, which includes an ALP, on April 15, 2009.
The Collier County Airport Authority (CCAA) presented drafts of these plans at the
April 1, 2008 BCC -CCAA Workshop. The final plans were presented at the March
27, 2009 BCC -CCAA Workshop and conceptually approved by the BCC at that time.
The Airport Authority reviewed and approved this plan at a public meeting on May 11,
2009 with a vote of 5 to 0.
In accordance with the Transportation Element of the Collier County Growth
Management Plan, the Airport Authority recommends the BCC approve these Plans.
FISCAL IMPACT: None.
GROWTH IMPACT: The Growth Management Impact will be determined by each
individual project.
LEGAL CONSIDERATIONS: The Airport Authority Administrative Code, Section
810, requires that the Airport Authority present updated or amended plans to the
Board of County Commissioners for approval. No signature or formal action is
required. This item requires simple majority vote and is legally sufficient for Board
action. — CMG
RECOMMENDATION: That the Board of County Commissioners approve the Marco
Island Executive Airport Master Plan Update, approved by the Federal Aviation
Administration on April 15, 2009 in compliance with the Airport Authority's
Administrative Code.
Prepared by Debbie Brueggeman, Collier County Airport Authority
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6/12/2012 Item 9.C.
ORDINANCE NO. 12 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER -
04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER
TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03
ESSENTIAL SERVICES, TO ADD AVIATION USES AS A PERMITTED
USE IN THE CONSERVATION ZONING DISTRICT ON LANDS
ADJACENT TO THE MARCO ISLAND EXECUTIVE
AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91 -102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended, and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04 -41, which repealed and superseded Ordinance No. 91 -102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar year
unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this amendment to the LDC is part of the first amendment cycle for the
calendar year 2012; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97 -177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97 -177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on June 12, 2012 and June 26, 2012 and did take action
concerning these amendments to the LDC; and
Page] of 7
Words s4,aek 0 are deleted, words underlined are added
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6/12/2012 Item
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act "), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
Page 2 of 7
Words s thfoug# are deleted, words underlined are added
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6/12/2012 Item 9.0.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP ") as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan, or element or portion thereof
shall be consistent with such comprehensive plan or element or portion thereof.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities in the comprehensive plan and if it meets all other criteria enumerated by the local
government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91 -102 was recodified and superseded by Ordinance 04-41.
11, Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
Page 3 of 7
Words stfee� L �th;eu are deleted, words underlined are added
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6/1.2/2012 Item .
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla, Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: AMENDMENTS TO SECTION 2.01.03 ESSENTIAL SERVICES OF THE
LAND DEVELOPMENT CODE
Section 2.01.03, Essential Services, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.01.03 - Essential Services
Essential services are hereby defined as services designed and operated to provide
water, sewer, gas, telephone, electricity, cable television or communications to the general
public by providers which have been approved and authorized according to laws having
appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning
district subject to the following conditions:
A. The following uses shall be deemed permitted uses in all zoning districts, except CON
districts, RFMU sending lands, NRPAS, HSAS, and FSAS:
1. Water lines and sewer lines;
2. Natural gas lines, except those associated with oil extraction and related
processing operations as defined in this Code and regulated under applicable
federal and state law;
3. Telephone lines, telephone switching stations, and cable television lines;
4. Communication towers, limited to those providing wireless emergency telephone
service, subject to all applicable provisions in section 5.05.09 of this Code;
5. Electrical transmission and distribution lines, substations, and emergency power
structures;
6. Sewage lift stations and water pumping stations;
7. Essential service wells (including extraction facilities and requisite ancillary
facilities);
8. Any other wells which have been or will be permitted by the South Florida Water
Management District or the Florida Department of Environmental Protection
either prior to or subsequent to the effective date of this ordinance, or if the
respective well and /or well related facility is otherwise required to be installed or
constructed by law. If any proposed well is a Collier County owned well under the
permitting jurisdiction of a Florida agency, staff, early in the County's well permit
application process, shall post sign(s) at the County's proposed well site(s) and
shall provide written notice that the County has applied for a required well permit
to property owners within 300 feet of the property lines of the lots or parcels of
land on which the applied -for well is being sought by the County, including, if
applicable, the times and places of the permitting agency's scheduled public
hearings; and
Page 4 of 7
Words stm& Afeueh are deleted. words underlined are added
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6/12/2012 Item �.G.
Conservation Collier lands which provide for permitted nondestructive, passive
natural resource based recreational and educational activities, exclusive of major
improvements. Permitted minor improvements shall be limited to one (1) ground
sign, not to exceed eight (8) feet in height with a maximum sign area of thirty -
two (32) square feet; a parking area, not to exceed twenty (20) parking spaces;
hiking trails; a fully accessible trail or trail section; educational kiosks not to
exceed one hundred (100) square feet; and public restroom facilities not to
exceed five hundred (500) square feet. The provisions for Conservation Collier
lands in this Code do not affect the underlying zoning districts or land use
designations in any district where Conservation Collier lands are established.
Such that no expansion or diminution of the various zoning district permitted uses
is intended or implied by these provisions, except as stated above with respect to
minor improvements. Oil and gas exploration as defined and regulated in this
Code remains a permitted use on or beneath Conservation Collier lands
established in any zoning district providing for oil and gas exploration as a
permitted use pursuant to subsection 2.03.09 B.1.a.viii.
B. Permitted Essential services N in CON districts, RFMU sending lands, NRPAs,
HSAs, and FSAs.
1. Within CON districts, Sending Lands in the RFMU district, NRPAs, and within
designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas
(FSA) within the RLSA overlay district subject to the limitations set forth in
section 4.08.08 C., the following essential services are permitted:
a. Private wells and septic tanks;
b. Utility lines, except sewer lines;
C. Sewer lines and lift stations, only if located within already cleared portions
of existing rights -of -way or easements, and necessary to serve a
publicly owned or privately owned central sewer system providing service
to urban areas; or the Rural Transition Water and Sewer District, as
delineated on the Urban -Rural Fringe Transition Zone Overlay Map in the
Future Land Use Element of the GMP; and,
d. Water pumping stations necessary to serve a publicly owned or privately
owned central water system providing service to urban areas; or the Rural
Transition Water and Sewer District, as delineated on the Urban -Rural
Fringe Transition Zone Overlay Map in the Future Land Use Element of
the GMP.
e. Conservation Collier lands which provide for permitted nondestructive,
passive natural resource based recreational and educational activities,
exclusive of major improvements. Permitted minor improvements shall be
limited to one (1) ground sign, not to exceed eight (8) feet in height with
a maximum sign area of thirty -two (32) square feet; a parking area, not to
exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or
trail section; educational kiosks not to exceed one hundred (100) square
feet; and public... restroom facilities not to exceed five hundred (500)
square feet. The provisions for Conservation Collier lands in this Code
do not affect the underlying zoning districts or land use designations in
any district where Conservation Collier lands are established, such that
no expansion or diminution of the various zoning district permitted uses is
intended or implied by these provisions, except as stated above for minor
improvements. Oil and gas exploration as defined and regulated in this
Code remains a permitted use on or beneath Conservation Collier
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6/12/2012 Item c..
lands established in the CON zoning district providing for oil and gas
exploration as a permitted use subject to subsection 2.03.09 B.1.a.viii,
f. Aviation related uses as approved in the September 11, 2001
Memorandum of Understanding between Collier County Airport Authority
and the 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, Izaak Walton League, Florida Division, The Florida
Department of Environmental Protection, The South Florida Water
Management District The Florida Department of Community Affairs, The
Deltona Corporation, and Collier County.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply, If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding Section not affect the validity of
the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re- lettered to accomplish such, and the word 'ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State,
Tallahassee, Florida.
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6/12/2012 Item O.C.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of June, 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
M
, Deputy Clerk
Approved as to form and
legal sufficiency:
Heidi Ashton - Cicko, Esquire
Managing Assistant County Attorney
11- COA- 0142528
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
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6/12/2012 Item
—PUBLIC NOTICE PUBLIC, NOTICE P .. TIGE
,COLLIER COUNTY BOARD OFCOUNTY.COMM11
NOTICE OF LAND DEVELOPMENT CODE CGE
LDC AMENDMENT CYCLE 2012-1
Notice is hereby given that on June 12,012 at 606 P.M., 19 the Board of County Comrrdssioners Meeting
Room, 3rd Floor, Building 'F,' Collier County Government Center, 3299 Tarrilarni Thil East, Naples, Florida
34112, the Collier County Board of County Commissioners will consider amendments to the Collier.
County Land Development Code, the trde of which is as follows;
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUIN.
TY, FLORIDA, - AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY
PROVIDING FOR: SECTION ONE, RECITALS, SECTION TWO, FINDINGS OF, FACT-; SEC -
TION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO - ZONING DISTRICTS AND
USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, TO ADD AVIATION USES As
4 PERMITTED USE IN THE CONSERVATION ZONING DISTRICT ON LANDS ADJACENT TO
THE MARCO ISLAND EXECUTIVE AIRPORT, SECTION FOUR, CONFLICT AND SEVERABIL-
ITY, SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATES.
The map below -shows the areas affected by the changes to the allowed Essential Services in Sec , tion
2.133.01 of the LDG.ih'the Conservation zoning dis;trlc4:, which abuts the Marco Istand.Exec utive .. Tort. .. ,
M CAM
--wv CONSERVATION PROPERTY ABUTTING
FMOL
MARCO ISLAND EXECUTIVE AIRPORT
2 24
1,
28 Cd1,17RY Cue
26 25, 30
27
33 35 39
All Interested parties'are invited to appear and be h64d. Copies of the proposed drdi�l
nance are available for public inspection in the Zoning and Land Development Review.
Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, be-
tween the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.'
Furthermore, materials will be made available for inspection at the Collier County Clerk's Office,
Fourth Floor, Suite #401, Collier County Government Center, East, Naples, one week prior to the
scheduled hearing.
If a person decides to appeal any decision made by the Copier County Board 61 County Commis-
sioners with respect to any matter considered at such meeting or hearing, he will need a record of the
proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon, which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this proceed-
irg, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier
County Facilities Management Department, at 3335 Tamlami Trail East, Suite #101, Naples, Fl. 34112-5356,
(239) 252-8380, at least two days prior to the meeting. Assisted listening "S for the hearing impaired.
are available In the Board of County Commissioner's office.
Collier County Board of County Commissioners
Collier County, Florida
Fred W. Coyle, Chairman
DWIGHT E. BROCK, CLERK
By. Teresa Polaski Deputy Clerk (SEAL)
No. 24011928961 June 291
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