ORDINANCE NO. 17-22 – AIRPORT IMPACT OVERLAY AMENDMENTS
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF MANATEE COUNTY;
PROVIDING FINDINGS; PROVIDING FOR PURPOSE AND INTENT; AMENDING CHAPTER
2, DEFINITIONS; SECTION 200, DEFINITIONS; TO ADD, DELETE AND AMEND
DEFINITIONS REGARDING AIRPORT ZONING AND RELATED TERMINOLOGY; AMENDING
CHAPTER 4, ZONING; SECTION 403.1, OVERLAY DISTRICTS ESTABLISHED; TO PROVIDE
FOR TWO SPECIFIC OVERLAY DISTRICTS: THE SARASOTA BRADENTON
INTERNATIONAL AIRPORT (SRQ), AND THE AIRPORT MANATEE(48X) OVERLAY
DISTRICTS; SECTION 403, OVERLAY DISTRICTS; SECTION 403.2, AIRPORT IMPACT (AI)
OVERLAY DISTRICT TO ADD, DELETE AND AMEND REGULATIONS REGARDING
AIRPORT ZONING; PROVIDING FOR THE ADDITION OF MAPS DESIGNATED MAP 4-1,
AIRPORTS, MAP 4-2, SARASOTA BRADENTON (SRQ) SPECIAL AREA OF
CONSIDERATION; MAP 4-3, SARASOTA BRADENTON (SRQ) PART 77 SURFACES; MAP
4-4, SARASOTA BRADENTON (SRQ) PART 333 SURFACES; MAP 4-5 SARASOTA
BRADENTON (SRQ) NOISE EXPOSURE MAP; AND TABLE 4-1 AI NOISE OVERLAY LAND
USE COMPATIBILITY GUIDELINES; AMENDING SECTION 403.2 TO ADD D. AIRPORT
MANATEE (48X) AS IDENTIFIED IN MAP 4-6, AIRPORT MANATEE (48X) PART 77
SURFACES; AMENDING SECTION 403.2, D. TO ADD MAP 4-7 AIRPORT MANATEE (48X)
PART 333 SURFACES; PROVIDING FOR OTHER AMENDMENTS AS MAY BE NECESSARY
FOR INTERNAL CONSISTENCY; PROVIDNG FOR CODIFICATION; PROVIDING FOR
APPLICABILITY; PROVIDNG FOR SEVERABLITY; AND PROVIDNG AN EFFECTIVE DATE.
WHEREAS, the Community Planning Act (the “Act”) is codified in the applicable portions
of Chapter 163, Part II, Florida Statutes (2016) as amended, empowers and requires the County
(a) to plan for the County’s future development and growth, and (b) to adopt and amend
comprehensive plans or elements or portions thereof, to guide the future growth and
development of the County; and,
WHEREAS, recent amendments to Chapter 333, Florida Statutes (2016) as reflected in
an Interlocal Agreement entered into between the Sarasota Manatee Airport Authority and
Manatee County necessitate the revision to the Land Development Code to maintain
consistency between the airport zoning regulations adopted by the Sarasota Manatee Airport
Authority and those contained in the County’s Land Development Code; and,
WHEREAS, Chapter 333, Florida Statutes (2016) as amended, further requires the Land
Development Code be amended to include Airport Impact Overlay Districts specifically for the
Sarasota Bradenton International Airport and Airport Manatee(48X); and,
WHEREAS, Application LDCT-17-02 has been initiated by the County as an amendment
to the Land Development Code to provide, among other matters, amended and restated airport
protection zoning regulations (a/k/a “Airport Impact Overlay Amendments”) as ’; and,
WHEREAS, Ordinance 17-03 was adopted by the Board of County Commissioners on
March 2nd, 2017, to amend the text and maps of the Comprehensive Plan generally described
as the “Airport Impact Overlay Text and Map Amendments”; and,
WHEREAS, the purpose of LDCT Application 17-02 is to implement the amendments to
ORDINANCE NO. 17-22
the Comprehensive Plan previously adopted by Ordinance 17-03 so as to provide implementing
land development regulations; and,
WHEREAS, the Planning Commission acting in its capacity as Local Planning Agency,
held a duly advertised public hearing on April 13th, 2017, in accordance with Section 341.2.E of
the Land Development Code to receive public comments on the Airport Impact Overlay
Amendments; and,
WHEREAS, the Board held two adoption public hearings on May 5th, 2017 and May 23rd,
2017 to receive public comments and receive the recommendation of the Planning Commission.
BE IT ORDAINED, by the Board of County Commissioners of Manatee County, Florida:
Section 1.
Purpose and Intent. This Ordinance is enacted to carry out the
purpose and intent of, and exercise the authority set out in, the Community Planning Act,
as codified in the applicable portions of Chapter 163, Part II, Florida Statutes (2016) as
amended, and Chapter 125, Florida Statutes, as amended. Specifically, Section 163.3202
(2)(b), Florida Statutes (2016) requires local land development regulations to contain specific
and detailed provisions necessary or desirable to implement the adopted Comprehensive Plan
and to ensure the compatibility to adjacent land uses.
Section 2.
Findings. The Board hereby finds and determines that:
(a) The findings set forth in the recitals to this Ordinance are true and correct.
(b) The Airport Impact Overlay Amendments are applicable solely to properties
located within the Airport Impact Overlay Districts and are adopted to
implement the Comprehensive Plan, the Interlocal Agreement entered into
between the Sarasota Manatee Airport Authority and Manatee County and
Chapter 333, Florida Statutes (2016) as amended, so as to provide airport
protection regulations and airport land use compatibility zoning regulations.
(c) The adoption of the Airport Impact Overlay Amendments as described herein
will foster and preserve the public health, safety, and welfare and aid in the
harmonious, orderly and progressive development of the County, and thus
serve a valid public purpose.
(d) The Planning Commission, acting in its capacity as the Local Planning
Agency for the County held a public hearing on April 13th, 2017, to consider
the Airport Impact Overlay Amendments contained within LDCT Application
17-02 and found them to be consistent with the Comprehensive Plan, and
recommended that the Board adopt the Airport Impact Overlay Amendments.
Section 3. Adoption of the Airport Impact Overlay Amendments. The Airport
Impact Overlay Amendments attached to this Ordinance and incorporated herein by reference
as Exhibits “A-1, A-2, and A-3” are hereby adopted as amendments to the Land Development
Code of the County. The Airport Impact Overlay Amendments shall consist of the following
three exhibits with new text indicated by underline and deleted text indicated by strikethrough.
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ORDINANCE NO. 17-22
(a) CHAPTER 2, DEFINITIONS, Section 200, Definitions; are hereby amended
and restated regarding airport zoning and related definitions; (Exhibit “A-1”)
(b) CHAPTER 4, ZONING, Section 400 Overlay Districts; Section 400.1,
Overlay Districts Established; SECTION 403.2, AIRPORT IMPACT
OVERLAY DISTRICT (Exhibits “A-2” and “A-3”) are repealed and
replaced in their entirety.
Section 4. Codification. The publisher of the County's Land Development
Code, the Municipal Code Corporation, is directed to incorporate the amendments in
Sections 3 of this Ordinance into the Land Development Code.
Section 5. Applicability. The amendments set forth in this Ordinance shall
apply to all applications, decisions or controversies pending before the County upon the
effective date hereof or filed or initiated thereafter.
Section 6. Severability. If any section, sentence, clause, or other provision of
this Ordinance, or any provision of the Airport Impact Overlay Amendments, shall be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining
sections, sentences, clauses, or provisions of this Ordinance or the Airport Impact Overlay
Amendments, as the case may be.
Section 7. Effective Date. This Ordinance shall become effective as provided by
law.
PASSED AND DULY ADOPTED, with a quorum present and voting , by the Board of
County Commissioners of Manatee County, Florida this 23 rd day of May, 2017.
BOARD OF COUNTY COMMISSIONERS OF
MANATEE COUNTY, FLORIDA
By:
Betsy Benac, Chairman
ATTEST:
ANGELINA COLONNESO
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
By:
Deputy Clerk
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