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Agenda 06/26/2012 Item #17GEXECUTIVE SUMM Recommendation to consider an Ordinance of the Bollard 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. 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 second 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 (MOU) 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 199 1) 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. It was reviewed by the Board of County Commissioners on June 12, 2012. 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 Page 1 of 2 Packet Page -2090- review o= this amendinerif by these entities is provided with this Executive Summan! (Attachment 2). 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 second of two public hearings required by the LDC. Staff recommends that the Board of County Commissioners approve the proposed amendment. 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 Packet Page -2091- r 6.`-?,3,'2 � t.: 1t�� 11 ' - _. COLLIER COUNTY Board of County Commissioners Item Number: 17.G. 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: 6/26/2012 Prepared By Name: CilekCaroline Title: Sr. Planner, Operations and Regulatory Management 6/1/2012 1:53:39 PM Submitted by Title: Sr. Planner, Operations and Regulatory Management Name: CilekCaroline 6/1/2012 1:53:40 PM Approved By Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 6/1/2012 5:23:19 PM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 6/4/2012 8:55:49 AM Packet Page -2092- Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & C Date: 6/5/2012 8:59:27 AM Name: FrenchJames Title: Manager - CDES Operations,Operations & Regulatory Management Date: 6/7/2012 11:15:24 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/13/2012 5:41:10 PM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 6/15/2012 2:57:56 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 6/15/2012 4:47:28 PM Name: KlatzkowJeff Title: County Attorney Date: 6/15/2012 4:58:28 PM Name: OchsLeo Title: County Manager Date: 6/17/2012 9:01:11 AM Packet Page -2093- 6i20'20,i L lte - i Y Coft ,4e-r County Department of Land Development Services Growth Management Division, Planning & Regulation STAFF CLARIFICATION: SC- 2012 -01 DATE: April 3, 2012 LDC SECTIONS: 1.03.0l.E, 1.06.0l.A, 2.01.03, and 2.03.09.13 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 2.03.09.13 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 Packet Page -2094- 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 Packet Page -2095- 612612Di =' step i exi underlined is new te,; to De addec. 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 2.01:03.13 to allow aviation related uses as approved in the September 11, 2001 Memorandum of Understanding between the Collier County Airport Authority and the Environmental 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, the Izaak Walton League, Florida Division, the Florida Departmer the South Florida Water Management District, the Florida Der The Deltona Corporation, and Collier County. REASON: This LDC amendment is intended to clarify that aN an essential service on the portion of the Marco Island Airport zoned Conservation. The chance will make the zoning- consist( adopted by the Element. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODESEOR REGULATIONS: None. GROWTH MANAGEMENT, PLAN :IMPACT: None. of Environmental Protection, , tment of Community Affairs, related uses are permitted as )pment footprint that is h the Airport Master Plan per Policy 11.1 of the Transportation 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 1 C: \Program Files \Neevia.Com \Document Converter\temp \2225897.docx Caroline Cilek 6/15/2012 11:32:19 AM Packet Page -2096- -I-ex -i-ext Underlined is new text to be addeC. Bold text indicates a defined term 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 '(including extraction facilities and requisite ancillary 21 facilities), 22 8. Any other wells which have'been or, will be permitted by the South Florida Water 23 Management District or the Florida'' Department of Environmental Protection 24 either prior to or subsequent to"the 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 permi tting jurisdiction of a Florida agency, staff, early in the County's well permit 28 application process, shall post'sign(s) at the County's proposed well site(s) and 29 shall provide written notice 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 2 C: \Program Files \Neevia.Com \Document Converter \temp\2225897.docx Caroline Cilek 6/15/2012 11:32:19 AM Packet Page -2097- i 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 6/26/2101 Ite-r . Tex. underlined is new text to be adder 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 "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 Jhe 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 dimi6dtion 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. f Aviation related uses as approved in the September 11, 2001 nAAmnranriiim of I lnderstandino between the Collier Countv Airport 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. 3 C: \Program Files \Neevia.Com \Document Converter \temp \2225897.docx Caroline Cilek 6/15/2012 11:32:19 AM Packet Page -2098- �Wy r�I V 1 Cz C!] N �O N V O W Ct �-4 ft � � N N � � O N O — N +.f. M A r a ht N Ua o N N G C 9 N N rn O "o O a � d 0 v U Q Packet Page -2099- rN N 0 N Ln 1-4 3� � N N O �C M N id 3 Q N p > o E a>i a a�i a� O � d Q � a� M o O O, O CG N .� Fi O 'O C+ O 0 0 i,., � O c�0 , � 00 F" Ca p O O 0 > O A.� p� �� y O H O '� O a`i ❑ °' �' ya�i y p ^o ❑ o CIO H DO !- Q C> v o o C7 ob.^ dD cC Q O CQ C U Q M V] W Packet Page -2099- rN N 0 N Ln 1-4 m b /Lb /2' Packet Page -2100- m z E LAST REVISION: ZONH, OTHEF Inc Historic /kchaeolcai Counter source aesjq.cuc",, 6"26/2C", �` hca., no h Attachment E 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 1982, 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 1952. 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. Clearin, 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. r-- 5. That the Authority shall propose to the County that State- owned -- land -;-- -- ' A`- �'�` +0 ITEM adjacent to the Airport be encumbered by a conservation easement. 6. That the MOU amends the Deltona Settlement Agreement. S EP 11 2901 Qg. Packet Page -2102- Elm i 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 5. The ISAKK Walton League, Florida Division 6. The Florida Department of Environmental Protection 1. 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 andtiklez or dum of Understanding. PREPARED BY: �d J 11-1. Drury, A.A.i:- , Executi Direct r ..--- 10 f REVIEWED BY: 1 U L,%" I P,1 -�t�'� Tom Palmer, Assistant County Attorney "Packet Page -2103- A'3� ^vCA ITEM SEA 1 1 2001 0 NIEIVIORANDUIVt 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 Izaak 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 lvlemorandum of Understanding ('�-140U) in furtherance of paragraph no. 14 of the Deltona Settlement Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS, 1. The Authority, by Resolution to be presented to the Board of County 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 by 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 shall submit to the Signatories (for their written comments thereon) each mitigation package hereafter required from the Airport by any State or Federal regulatory agency. I Packet Page -2104- AGEN+t:A ITEM' ao 14k SE ©l S. 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 NIOU. 6. The Authority shall not commence or commit resources toward commencement or implementation of the projects Iisted 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 sinned this MOU thereby agree only to the following projects as further identified in Exhibit B: A. Parallel taxiwav on the %vest side of the existing runvay; B. Apron hang =ar area; and C. FAR part 77 Vegetation Management Program. as described in numbered paragraph t«o (2). above. 8. This IMOU 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 RIPROVEMENT TRUST FUND OF THE STATE OF FLORIDA - - - - -A E INCA ITEM, -1 No ")EP 1 Packet Page -2105- I is- 0 THE CONSERVANCY OF SOUTHWEST By: Elinor V. Krier, Interim President 0 2 53 2) U n- TY, A THE NATIONAL AUDUBON SOCIETY and FLORIDA AUDUBON SOCIETY Bv: Stuart Strahl, Ph.D. President. Florida Audubon Societv Vice President, National Audubon Society ENVIRONMENTAL DEFENSE FUND Bv, Jame T. B. Tripp IZAAK WALTON LEAGUE, FLORIDA DIVISION Bv: 'Juanita Greene, President FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (successor to Florida Department of Environmental Regulation) By: � . ..... — Packet Page -2106- � �2 'u' r7 - wi i - � l � ' ten �O r"' e - 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) By: Y. Thomas Beck, Direct � ivision of Communlcy Manning THE DELTONA CORPORATION -- By: Antony Gram. President COLLIER COUNTY Bv: :7 Chairman Collier County Board of County Commissioners Packet Page -2107- s 5 6 7 8 9 t4 12 13 1.1 15 16 17 18 19 20 21 ?3 24 25 26 27 28 -19 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 i6 57 59 59 60 61 62 63 64 65 RLSOLU7, ION NO. 200' RESOL ffJON OF TILE BOARi`i OF COI JNTt- COMMISSiONERS OF COLLIER COUr4T4', fLO IRIDN, PROVIDING To TIIE GREATEST EXTENT NOW OR HEREAFTER ALLOWED BY LAW, THAT DEVELOPMENT AT THE MARCO ISLAND EXECUTIVE AIRPORT SIIALL 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 blaster 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 COUNTY CO. INIISSiONERS OF COLLIER COIINTI', FLORIDA, that: The "Development Areas" of Marco Island Executive Airport, as such footprint is depicted in tite 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 Consmancy of Southwest Florida, Natipnal Audubon Society, Florida Audubon Societe, Environmental Defense Fund, iZA:%K Walton League - Florida Division. or each respective entity's then successor(s) function, may from time -to -time authorize in writing. 1,lowever, 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 %lernorandum 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 of at the Airport as of the effective date of this Resolution* This Resolution adopted this day of September, 2001, after motion, second and majority vote favoring adoption. ATTESTED: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSiONERS COLLIER COUNTS', FLORIDA By: By: Deputy Clerk JAMES D. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: I Thomas C. Palmer, Assistant County Attorney E\IIHIiT .k Packet Page -2108- — — AGENDA ITEM No SEP It # M! 0 i � • L� ii 05 $ Pi �l p� N Z b T —oot. OS9 >s 61'26120': iEerr N O O • u� t rot 1 p>p > 2~ 2 n n z I =Rz QI > 9 N 7 1trypM1�� D a 0 Q � r ti AGEND ITEM m y SEn 1 Packet Page -2109 - Fm o� Qi i n i O O +Z 5' C at =v 1 =l 61'26120': iEerr N O O • u� t rot 1 p>p > 2~ 2 n n z I =Rz QI > 9 N 7 1trypM1�� D a 0 Q � r ti AGEND ITEM m y SEn 1 Packet Page -2109 - Fm 6 2?6122r�i lte,7 ; . FIRST ANIENDN t TO INTERLOCAL INGRESS/EGRESS .AGREEMENT The First Amendment to the Interlocal Ingress/Egress Agreement (hereinafter "Agreement ") is made and entered into this 92�,_ day of 2000, by and between the COLLIER COUNTY AIRPORT AUTHORITY, COLLIER COUNTY, FL RIDA (hereinafter "The Airport Authority ") and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, by and tivough 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 Februan', 1995, recorded at OR Book 20334, pages 1257 through 1260, Public Records of Collier Counn, Florida, which provides for DEP to enter into an agreement with the County to provide ingress and caress over and upon state- owned lands in accordance with Federal Aviation Standards. Part 77: and WHEREAS, Collier County has, by County Ordinance No. 95 -67, dele_ated to the Airport Authority full po-,er and authority to enter into and administer this Agreement on behalf of the County': and WHEREAS, the DEP and Collier County airport .authority entered into that ce ain Ir:teriocal InaressE-ress Agreement dated Januan, 17. 1996. NOW THEREFORE, in consideration of the premises, including the above- referenced Interlocal Iraress.'Egress Agreement and the covenants, terms and_ provisions contained herein, the DEP and the Airport Authority agree as follows: 1. Exhibit A to the Interlocal Ingress!'Egress Agreement is deleted in its entirety and replace with a new Exhibit A attached hereto and made a part hereof. ?. Reference in Paragraph 2 to "11,400 feet long and 2.000 feet snide is deleted in its e:airety. I` WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year f irst above written. AS TO AIRPORT AUTHORITY: ATTEST: JOH: RURY E ' CUTIVE DIRECTOR Approved as to form and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney COLLIER COUNTY AIRPORT AUTHORITY. COLLIER COUNTY FLORIDA �J HERB NOREN, CHAIRINMAN Packet Page -2110- AGENDA ITEIrt, r' li •� i EXHIBIT "C" AS TO DEP: \NITNESS: (� Print, "Type Witne, s Name %NIT' ESS: f 1 Print`Type Witness Name FLORIDA DEPARTMENT OF ENVIRONti1ENTAL PROTECTION By: /gLl� -.Q. "l off-, 'nt--) 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 GThe for going instrument -was acknoodedaed before me this � % day of tr Uj . 2000, by Gloria C. Nelson. Operations and Management Consultant Ia.nz,,L4r. Bureau of Public Land Administration. Dig -ision 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 kno�t-n to me Not ublic, State of Florida syfvfa S. Roberts MY CO&USS'Ok M CCOS40S EXP( MY 25.2001 ! T MX0 °.^' eorn�ruknauq�,tt. Print Type Notary Name 1My Commission Expires: Approved as to form and legality-: By: DEP Attorney Packet Page -2111- h3c`�DAITE' M � S EP i 1 2ilCl� Attachment C Tit �1 �I a NN i "VV d I eq." t�6 hFjR� tw r i�� i1J��� /1 �>YNRl Rli1 M� i ti, iI r Nn it i �� �����'Py�tf4,��; �: k► � R iii ra Itt i Attachment c t.rds � a X,« ►► xr ( �► Y t 3° t: �t r � a ii��" PW ► �; r .� i, , a jitA s C : ► rm s�t.n, .. � � � �� �� i�iii�� ti rl► q ii. Q aiaP., � '1 tit i .1 .•z: I Packet Page -2113- ilk ' �^ AM WORT LAYOUT PLAN �mmm MAROO ISLAND VMW7M AMIMT COYYLT4Yft Man= WLAMl. PLAN"" —�— — - } .� ..... Packet Page -2113- 6126/2012 Iterr A ,aenua , Lv LL „. 3une 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, 0 Prepared by Debbie Brue g9 eman, Collier County Airport Authority I. IAirportAuthoritylMarcols landAtrportMasterPlar Packet Page - 2114 -r P1an.doex 6//2612012 Ite9T- ; .G. Mild ,l tTOVI .Lti(>CRNV! 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U« jl!Nkillll1l111Ulltltttiil Packet Page -2131- 6/26/2012 Item 17.G. lwoaft -Rfdwllr-4.x3 OUVIM MUM SNOMIAM OP03Nnouiris &IMOO UWT= v asn arfori I I Packet Page -2132- GENOA 612,9612.3 1 L Item I T %,auow 1*4v'M Do"Int *L"V-Lvwmo vomew --umm OW'M C* dVW AlkfSdOdd 1HOdWIV I ow 40, LA 6 Packet Page -2133- T i 10 40, LA 6 Packet Page -2133- T i 6126120' Item, 1 -.G, ORDINANCE NC 1� - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, TO ADD AVIATION USES AS A PERMITTED USE IN THE CONSERVATION ZONING DISTRICT ON LANDS ADJACENT TO THE MARCO ISLAND EXECUTIVE AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91 -102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04 -41, which repealed and superseded Ordinance No. 91 -102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is part of the first amendment cycle for the calendar year 2012; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97 -177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97 -177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on June 12, 2012 and June 26, 2012 and did take action concerning these amendments to the LDC; and Page 1 of 7 Words st�sl�•�ex�k are deleted, words underline are added Packet Page -2134- 6126120 ite€T 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 sttiask thf8i*@ are deleted, words underlined are added Packet Page -2135- 1 6/261201 2 Iter; Section 163.3202(3), F.S., states tha: the ct 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 Rlaki (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 s4usk4hf0fth are deleted, words underlined are added Packet Page -2136- L -'2612012 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 stFwk dii-eug are deleted, words underlined are added Packet Page -2137- 6/26/2012 Iterr, ` v . 2 , 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 4N 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 Page 5 of 7 Words strxslra�g are deleted, words underlined are added Packet Page -2138- lands established in the CON zoning district providing for oil and gas exploration as a permitted use subject to subsection 2.03.09 13.1.a.viii. f. Aviation related uses as approved in the September 11, 2001 Memorandum of Understanding between Collier County Airport Authority and the Intervenor Signatories to the Deltona Settlement Agreement (July 20, 1982), including The Conservancy of Southwest Florida, The National Audubon Society, The Florida Audubon Society, The Environmental Defense Fund, Izaak Walton League, Florida Division, The Florida Department of Environmental Protection, The South Florida Water Management District, The Florida Department of Community Affairs. The Deltona Corporation, and Collier County. SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida. Page 6 of 7 Words stfo& threug are deleted, words underlined are added Packet Page -2139- 6126/2012 Item PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of June, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA in , Deputy Clerk Approved as to form and legal sufficiency: vA JJA Heidi Ashton-Cicko, Esquire — '�l Managing Assistant County Attorney WAV I I -COA-01412\28 By: FRED W. COYLE, Chairman Page 7 of 7 lords s4 � �� are deleted, words underli ted are added Packet Page -2140- 1 1 i a L� Q c` m TJ O N W Z D r- m' u� _D r Z rn COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 201.2 -1 Notice is hereby given that on Tuesday, June 26, 2012, in the Board of County Commissioners Meet- ing Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOP- MENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO - ZON- ING DISTRICTS AND USES, INCLUDING SECTION 201.03 ESSENTIAL SERVICES, TO ADD AVIATION USES AS A PERMITTED USE IN THE CONSERVATION ZONING DISTRICT ON LANDS ADJACENT TO THE MARCO ISLAND EXECUTIVE AIRPORT; SECTION FOUR, CONFLICT AND SEVERABiLITY; SEC- TION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. The map below shows the areas affected by the'changes to the allowed Essential Services in Section 203.01 of the LDC in the Conservation zoning district, which abuts the Marco Island Executive Airport. Ail interested parties are invited to appear and be heard. Copies of the proposed ordinance are avail- able for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. it a person decides to appeal any decision made by the Collier County Board of County Commis- sioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate In this pro- ceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Sufte 101, Naples, FL 34112 -5356, (239) 2;;2 -8380, at least two days prior to the meeting. Assisted listening devices for the , hearing impaired are available in the Board of County Commissioner's Office, Collier County Board of County Commissioners - Collier County, Florida Fred W. Coyle, Chairman DWIGHT E. BROCK, CLERK By: Martha Vergara - Deputy Clerk (SEAL) No, 2401 29 Packet Page -2141- ­/ CONSERVATION PROPERTY ABUTTING i4Ciposr° ` MARCO ISLANi) EXECUTIVE AIRPORT Ii2 21 16 �uwm ai @ a as .� �cosa / naaus cleric V cuu, e� 4 a Si°w� r m owxw IIr 25 25 ip 27 35 SI JJ �e Ail interested parties are invited to appear and be heard. Copies of the proposed ordinance are avail- able for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. it a person decides to appeal any decision made by the Collier County Board of County Commis- sioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate In this pro- ceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Sufte 101, Naples, FL 34112 -5356, (239) 2;;2 -8380, at least two days prior to the meeting. Assisted listening devices for the , hearing impaired are available in the Board of County Commissioner's Office, Collier County Board of County Commissioners - Collier County, Florida Fred W. Coyle, Chairman DWIGHT E. BROCK, CLERK By: Martha Vergara - Deputy Clerk (SEAL) No, 2401 29 Packet Page -2141-