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Backup Documents 06/26/2012 Item #17GMartha S. Vergara 17G From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Friday, June 08, 2012 4:38 PM To: CilekCaroline; Minutes and Records; Patricia L. Morgan Cc: Ashton, Heidi; Wells, Laura; Rodriguez, Wanda Subject: RE: Legal Ad for BCC Hearing on June 26th Attachments: Advertising Request.docx Caroline: I have attached a blank ad request form which may help. Fill in the highlighted portions and your administrator needs to sign. Please call if you need help. Dinny -------------------------------------------------------------------------- -------------------------------------------------------------------------- Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 Under Florida Law, e -rnail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic rnail to this entity. Instead, contact this office by telephone or in writing. From: CilekCaroline Sent: Friday, June 08, 2012 4:33 PM To: Minutes and Records; Trish L. Morgan Cc: NeetVirginia; AshtonHeidi; WeIlsLaura; RodriguezWanda Subject: RE: Legal Ad for BCC Hearing on June 26th Ok, I will have that for you on Monday. Thanks, Caroline Caroline Cilek, M.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239 -252 -2485 From: Martha S. Vergara [ mai Ito: Martha.Vergara @colIierclerk.com1 On Behalf Of Minutes and Records Sent: Friday, June 08, 2012 4:32 PM To: CilekCaroline; Trish L. Morgan Cc: NeetVirginia; AshtonHeidi; WeIlsLaura; RodriguezWanda Subject: RE: Legal Ad for BCC Hearing on June 26th Caroline, i 17,G nee Our office will be need the original ad request form with your Department Head Dess Signature approving the expenditures. The form was created in conjunction with the County Attorney's Office, County Manager's Office, the then CDES (now GMD) along with the Clerk's Office so that all required information was on the form. Thanks, Martha From: CilekCaroline [mailto:CarolineCilek @ collierQov.netl Sent: Friday, June 08, 2012 3:44 PM To: Minutes and Records Cc: Rodriguez, Wanda; Ashton, Heidi; Neet, Virginia; Wells, Laura Subject: Legal Ad for BCC Hearing on June 26th Minutes and Records, Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. I've modified a Request Form utilized by the Planning Department and have included the PO# and other info on it. Please let me know if you have any questions. Thanks! Caroline Caroline Cilek, M.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239 - 252 -2485 Under Florida Law. e -mail addresses are public records. It you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: Originating Dept/ Div: Land Development Services Person: Caroline Cilek Date: June 8, 2012 Petition No. (If none, give brief description): None Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 5 + days before hearing.) Friday, June, 15, 2012 (NOTICE TO RUN NO LATER THAN Tuesday June 19, 2012) Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News ❑ Other XXX Legally Required Proposed Text: (Include legal description & common location & Size: Please publish the following public notice, for a Display ad,' /. page, with maps, in your edition of Friday, June 15, 2012. The advertisement must be at least two columns wide x 10 inches long, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek Please see attached documents for legal description and map. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes X No If Yes, what account should be charged for advertising costs: Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131- 138909- 634999; Purchase Order Number: 4500135130; Account Number: 068779 ie d by: �- rs -tioct- • � —�P /l �Z- ivision Administrator or Designee Date List Attachments: Proposed Ordinance P.O. # 4500135130 DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE Date Received: Date of Public hearing: `v Date Advertised: " 17G ' June 8, 2012 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice, for a Display ad, '/4 page, with maps, in your edition of Friday, June 15, 2012. The advertisement must be at least two columns wide x 10 inches long, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek June 26, 2012 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012 -1 Notice is hereby given that on Tuesday, June 26, 2012, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, TO ADD AVIATION USES AS A PERMITTED USE IN THE CONSERVATION ZONING DISTRICT ON LANDS ADJACENT TO THE MARCO ISLAND EXECUTIVE AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. The map below shows the areas affected by the changes to the allowed Essential Services in Section 2.03.01 of the LDC in the Conservation zoning district, which abuts the Marco Island Executive Airport. [insert map here] All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 17G 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Fred W. Coyle, Chairman 17G �i W N co COLLIER N BOULEVARD (S.R. 951) o M r n ,-,mo 0 ;u �0 ;u N M \ N W � J 0 0> Z 0 ; -<o O n ow Z W 0 ^ / m N ♦ Om V/ W r� w >— O z a M x �o m0 0 cm N m N `1 D 03 o ap C O m z -� C) 0 U) 0 X M ..U) 0 C-4 W o o 0 rn n m m X 17G Acct #068779 June 11, 2012 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: BCC- LDC Amendment Cycle 2012 -1 w/Map (Display Ad) Marco Island Executive Airport Dear Legals: Please advertise the above referenced notice on Friday, June 15, 2012, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500135130 17G -F-1 June 8, 2012 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice, for a Display ad, 1/4 page, with maps, in your edition of Friday, June 15, 2012. The advertisement must be at least two columns wide x 10 inches long, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please furnish proof of publication of each advertisement to the Minutes and Records Department, 3299 Tamiami Trail E., Suite 401, Naples, FL 34112 Martha S. Veraara 17G From: Martha S. Vergara Sent: Monday, June 11, 2012 8:41 AM To: Naples Daily News Legals Subject: Marco Island Exec. Airport - LDC Amendments 2012 -1 Attachments: LDC Amendments Cycle 2012 -1 (Marco Island Exec. Airport 6- 12- 12).doc; LDC Amendment Cycle (Marco Island Exec. Airport - 06- 26- 12).doc; LDC Amendment (Marco Island Exec. Airport - 6- 26- 12).pdf Legals, Please advertise the following attached ad on Friday, June 15, 2012 (Display Ad w /Map). Please forward an ok when received. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E- inail: martha.vergara@collierclerk.com 17G COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012 -1 Notice is hereby given that on Tuesday, June 26, 2012, in the Board of County Commissioners Meeting Room, P Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, TO ADD AVIATION USES AS A PERMITTED USE IN THE CONSERVATION ZONING DISTRICT ON LANDS ADJACENT TO THE MARCO ISLAND EXECUTIVE AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. The map below shows the areas affected by the changes to the allowed Essential Services in Section 2.03.01 of the LDC in the Conservation zoning district, which abuts the Marco Island Executive Airport. [insert map here] All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 17G 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Fred W. Coyle, Chairman DWIGHT E. BROCK, CLERK By: Martha Vergara Deputy Clerk (SEAL) 17G N N co W C4 COLLIER BOULEVARD (S.R. 951) o > r n �m0 0 � � S v O M W � N J N M� n O � zD 0 K 0 �0 O D r Z 2 C Wm 0 � m m O W W r Cr > N O 0 Z M w X M m0 0M cm 7° -� N m �p C O_ m D �7 (7 O N 2 O m 0 W 7-- ?1 co W O o m 0 X m m x NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicati( State of Florida Counties of Collier and Lee Before the undersigned they serve as the aut appeared Barbara Boyer, who on oath says the Sales Coordinator of the Naples Daily N newspaper published at Naples, in Collier distributed in Collier and Lee counties of Fll attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in th on June 15th, 2012 Affiant further says that the said Naples Daily News is a published at Naples, in said Collier County, Florida, and tl- newspaper has heretofore been continuously published in! County, Florida; distributed in Collier and Lee counties o each day and has been entered as second class mail matte office in Naples, in said Collier County, Florida, for a year next preceding the first publication of the attache advertisement; and affiant further says that he has neith promised any person, firm or corporation any discou commission or refund for the purpose of securing this adv public in in the said newspap F �!l f Signature of affiant) tand subscr' d before me day of u , 012 (Signature of notary public) ,tiy ay,. CAROL PAWLINSKI MY COMMISSION # EE 45538 �•. a EXPIRES: November 28, 2014 Bonded Thru Pichard Insurance Agency 17G COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012 -1 Notice is hereby given that on Tuesday, June 26, 2012, in the Board of County Commissioners Meet- ing Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOP- MENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO - ZON- ING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, TO ADD AVIATION USES AS A PERMITTED USE IN THE CONSERVATION ZONING DISTRICT ON LANDS ADJACENT TO THE MARCO ISLAND EXECUTIVE AIRPORT, SECTION FOUR, CONFLICT AND SEVERABILITY; SEC- TION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. The map below shows the areas affected by the changes to the allowed Essential Services in Section 2.03.01 of the LDC in the Conservation zoning district, which abuts the Marco Island Executive Airport. I. sRORES/ CONSERVATION PROPERTY ABUTTING r,DD�ER•s giEER MARCO ISLAND EXECUTIVE AIRPORT C ]3 Z4 19 M RCD SHDRE9 / i1DD�ER'S CREEK DRI) m� °v SHDRER . 28 CW «uR 28 ze 30 2] 33 35 36 31 `IU�J �o v­, , " All interested parties are invited to appear and be heard. Copies of the proposed ordinance are avail- able for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commis- sioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this pro- ceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners - Collier County, Florida Fred W. Coyle, Chairman DWIGHT E. BROCK, CLERK By: Martha Vergara - Deputy Clerk (SEAL) No. 240192906 - _ __ _ __ June 15. 2012 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 17G THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations (Initial) Applicable) 2. June 26, 2012 Agenda Item Number 17.G 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Ordinance Number of Original 1 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached (e 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Caroline Cilek Phone Number 252 -2485 Contact appropriat e. (Initial) Applicable) Agenda Date Item was June 26, 2012 Agenda Item Number 17.G Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance Number of Original 1 Attached 201 2 - 'L5 Documents Attached INSTRUCTIONS & CHECKLIST l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriat e. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the ! nT document or the final negotiated contract date whichever is applicable. t 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 6/26/2012 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17G MEMORANDUM Date: July 13, 2012 To: Carolina Cilek, Sr. Planner GMD /Zoning From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2012 -25 Enclosed please find one copy of the document, as referenced above, (Agenda Item #17G), adopted by the Board of County Commissioners on June 26, 2012. If you should have any questions, please call 252 -8411. Thank you. Enclosure 17G MEMORANDUM Date: July 13, 2012 To: Ernie Kerskie, Director Office of the Property Appraiser From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2012 -22, 2012 -23, 2012 -24, 2012 -25 and 2012 -26 Attached for your records is a copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, June 26, 2012. If you have any questions, please contact me at 252 -8411. Thank you. Attachment 17G ORDINANCE NO. 12 -25 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, TO ADD AVIATION USES AS A PERMITTED USE IN THE CONSERVATION ZONING DISTRICT ON LANDS ADJACENT TO THE MARCO ISLAND EXECUTIVE AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91 -102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04 -41, which repealed and superseded Ordinance No. 91 -102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is part of the first amendment cycle for the calendar year 2012; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97 -177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97 -177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on June 12, 2012 and June 26, 2012 and did take action concerning these amendments to the LDC; and Page 1 of 7 Words stFucfoug n are deleted, words underlined are added 17G 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 stfuek 4ffeug k are deleted, words underlined are added 17G 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 stfuek thfoug ; are deleted, words underlined are added 17G 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 stpaek thfeug are deleted, words underlined are added 17G 9. Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty - two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established. Such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above with respect to minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in any zoning district providing for oil and gas exploration as a permitted use pursuant to subsection 2.03.09 B.1.a.viii. B. Permitted Essential services t# in CON districts, RFMU sending lands, NRPAs, HSAs, and FSAs. 1. Within CON districts, Sending Lands in the RFMU district, NRPAs, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4.08.08 C., the following essential services are permitted: a. Private wells and septic tanks; b. Utility lines, except sewer lines; C. Sewer lines and lift stations, only if located within already cleared portions of existing rights -of -way or easements, and necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban -Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP; and, d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban -Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP. e. Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty -two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public—... restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established, such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above for minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier Page 5 of 7 Words stpask 4ifeug are deleted, words underlined are added 17G lands established in the CON zoning district providing for oil and gas exploration as a permitted use subject to subsection 2.03.09 B.1.a.viii. f. Aviation related uses as approved in the September 11, 2001 Memorandum of Understanding between Collier County Airport Authority and the Intervenor Signatories to the Deltona Settlement Agreement (July 20, 1982), including The Conservancy of Southwest Florida, The National Audubon Society, The Florida Audubon Society, The Environmental Defense Fund, Izaak Walton League, Florida Division, The Florida Department of Environmental Protection, The South Florida Water Management District, The Florida Department of Community Affairs, The Deltona Corporation, and Collier County. SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida. Page 6 of 7 Words s«.,,,.' dffeug are deleted, words underlined are added 17G PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier .µ County, Florida, this 2� day of June, 2012. ATTEST: DWIGHT -E ,CLERK 4ty Clerk Approvej` taiok"and legal sufficiency: t��L n /� U ( CL� 0 Heidi Ashton - Cicko, Esquire �1 Managing Assistant County Attorney 11- COA- 01412\28 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA I . By: N FRED W. COYLE, Chair n Page 7 of 7 Words sm& Offoug are deleted, words underlined are added STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2012 -25 which was adopted by the Board of County Commissioners on the 26th day of June, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of June, 2012. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners y C!B Teresa Cannon, t'•, Deputy Clerk 17G