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Naples council adopts resolution to clarify process for airport utilization plans amid public legal concerns
Summary
City Council on Wednesday unanimously approved a resolution directing staff to clarify how the city will review utilization plans and site‑specific development proposals for the Naples Municipal Airport while a permanent code update is drafted.
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City Council on Wednesday unanimously approved a resolution directing staff to clarify how the city will review utilization plans and site‑specific development proposals for the Naples Municipal Airport while a permanent code update is drafted.
The resolution, prepared after a city attorney's memo interpreting existing comprehensive plan and land‑development provisions, frames the council's intent to set an interim interpretation of city rules for airport proposals and to ask staff to return with ordinance language later.
Why it matters: The airport is a city asset and subject to overlapping local, state and federal rules. Council members said the temporary clarification is meant to reduce uncertainty for the airport authority, private developers and the public while a more detailed ordinance is prepared.
Public comment included sharp warnings from Responsible Government Naples. Jennifer Hollander, legal counsel for Responsible Government Naples, told the council that her group's initial review "raises serious concerns" that the proposed approach could conflict with Florida's recently enacted Senate Bill 250 and with federal aviation law enforced by the FAA. Hollander warned the council that local discretion over aeronautical development can risk federal grant obligations and said Responsible Government Naples was "prepared to immediately challenge" measures it deems unlawful.
A separate letter read into the record by Sean Nash on behalf of Responsible Government Naples said council actions aimed at restricting airport operations had caused public alarm and urged the council to engage transparently with the Naples Airport Authority and the wider public.
City attorneys and staff said the resolution does not change the code's text but clarifies how existing city requirements will be interpreted while a formal ordinance is drafted and vetted. City Attorney Matthew McConnell said the city's requirement for a utilization plan is a city policy distinct from FAA or FDOT documents and that the resolution is intended to make the city's review process more predictable.
Council action and next steps: The resolution passed unanimously. Council and staff said they will prepare detailed ordinance language to codify the interim process; that ordinance will return to the council for full public hearings. Staff also will prepare a targeted application/checklist for airport proposals so applicants know what materials the city will require.
The council's action does not change FAA or FDOT requirements. McConnell and other staff said they will continue coordinating with airport counsel and legal advisers as the code changes are drafted.
What to watch: The city will present draft ordinance language to council later this year. Responsible Government Naples's public warnings about state and federal preemption were raised in public comment and may be cited during the formal ordinance review process.
