Ordinance 2013-50FILED #43
FLORIDA
ORDINANCE NO. 2013 - 50
< r ^��qTY, FL —
2013 JUL 23 � 4) NANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
LLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009 -29,
CLERK OF 4W ENDED, THE COLLIER COUNTY PLANNING COMMISSION
ORDINANCE, BY AMENDING SECTION ONE (1) (POWERS AND
DUTI �. TO HAVE THE PLANNING COMMISSION ACT AS THE
OY %'dCTR Y'S ENVIRONMENTAL ADVISORY COUNCIL; BY
AMENDING SECTION ONE (2) (MEMBERSHIP) BY CHANGING THE
MEMBERSHIP FROM NINE TO SEVEN, WITH FIVE PLANNING
COMMISSIONERS SELECTED BY COMMISSION DISTRICT AND
TWO MEMBERS WITH ENVIRONMENTAL EXPERTISE; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on May 26, 2009, the Board of County Commissioners (Board) adopted
Ordinance No. 2009 -29, which relocated and readopted the Planning Commission Ordinance in
its entirety as a stand -alone ordinance in the Collier County Code of Laws and Ordinances; and
WHEREAS, the Board amended Ordinance No. 2009 -29, through its adoption of
Ordinance No. 2009 -35, which provides that candidates for the Planning Commission must be
nominated by the Commissioner of the District in which the candidate resides for both initial and
subsequent terms; and
WHEREAS, the Board wishes to further amend Ordinance No. 2009 -29, as amended, in
order for the Planning Commission to absorb the responsibilities of the Colliep. County
Environmental Advisory Council.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF = COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NC000W291`t
AS AMENDED. =
Section One is hereby amended as follows:
SECTION ONE:
(1) Establishment; Powers and Duties.
There is hereby established a Planning Commission, which shall have the following
powers and duties:
Words Underlined are added; Words Stmek T -Deng# are deleted.
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A. To serve as the local planning agency (LPA), and land development regulation
commission as required by F.S. §§ 163.3174 and 163.3194;
B. To prepare, or cause to be prepared, the Collier County GMP, or element or portion
thereof, and to submit to the BCC an annual report recommending amendments to such plan,
element, or portion thereof;
C. To prepare, or cause to be prepared, the LDC to implement the Collier County GMP, and
to submit to the BCC an annual report recommending amendments to the LDC;
D. To initiate, hear, consider, and make recommendations to the BCC on applications for
amendment to the text of the Collier County GMP and the LDC;
E. To initiate, review, hear, and make recommendations to the BCC on applications for
amendment to the future land use map of the Collier County GMP or the official zoning atlas of
the LDC;
F. To hear, consider, and make recommendations to the BCC on applications for conditional
use permits;
G. To make its special knowledge and expertise available upon reasonable written request
and authorization of the BCC to any official, department, board, commission, or agency of the
County, state, or federal governments;
H. To recommend to the BCC additional or amended rules of procedure not inconsistent
with this section to govern the Planning Commission's proceedings;
I. To perform those functions, powers and duties of the Planning Commission as set forth in
chapter 67 -1246, Laws of Florida, incorporated herein and by reference made a part hereof, as
said chapter has been or may be amended; and
J. To consider and take final action regarding preliminary subdivision plats processed
pursuant to the provisions of section 4.03.00.
K. To sit as the County's Environmental Advisory Council and exercise all powers and
duties under Ordinance 2009 -32 as amended from time to time
(2) Membership.
A. Qualifications.
1. Members of the Planning Commission shall be permanent residents and qualified
electors of Collier County.
2. With respect to the five County Commission District members. Aalthough no
specific experience requirements shall be necessary as a prerequisite to
appointment, consideration shall be given to applicants who have experience or
who have shown interest in the area of planning, zoning, and related fields.
Further consideration in the appointment of Planning Commission members shall
be made so as to provide the Planning Commission with the needed technical,
professional, business, and/or administrative expertise to accomplish the duties
and functions of the Planning Commission.
Words Underlined are added; Words &mss are deleted.
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3. The two at -large environmental members are expected to provide the Planning
Commission with technical expertise on environmental matters and shall
demonstrate evidence of expertise in 1 or more of the following areas related to
environmental protection and natural resources management' air quality, biology
(including any of the subdisciplines such as botany, ecology, zoology, etc.),
coastal processes, estuarine processes hazardous waste hydrogeology,
hydrology, hydraulics land use law, land use planning, control solid
waste, stormwater management, water resources, wildlife management or other
representative area deemed appropriate by the BCC with a Board preference for
one of these members with an expertise in biology and/or wildlife management,
and the other with an expertise in water and/or hydrology.
34. The appointment of all members to the Planning Commission shall be by
resolution of the BCC. In the event that any member is no longer a qualified
elector or is convicted of a felony or an offense involving moral turpitude while in
office, the BCC shall terminate the appointment of such person as a member of
the Planning Commission.
45 A representative of the school district, appointed by the school board, shall serve
as a non - voting member of the Planning Commission unless the BCC grants
voting status to the school district representative. The school district member of
the Planning Commission shall attend those Planning Commission meetings at
which GMP amendments and rezoning that would, if approved, increase
residential density of the property that is the subject of the application being
considered.
B. Appointment. The Planning Commission shall be composed of 79 members to be
appointed by the BCC, together with the representative of the school district. Of these seven
members, there shall be one member from each of the five County Commission Districts, and
two at -large environmental members. Planning Commission Candidates for the five County
Commission District seats Plaming Cemmission must be nominated by the Commissioner of the
District in which the candidate resides for both initial and subsequent terms and receive a simple
majority vote of the Board of County Commissioners. The two at large members can be
nominated by any Commissioner, but must receive a four -fifths vote of the BCC for appointment
or reappointment.
All Feappointments to the Planning Cewmissiea shall be made so as te aehieve the fellewing
( . ) One ............a . C., misTa_ eriairi9Sieirarscrre`c- Nv-T
(2) Turn meffi be • Ce aty commissien Dist t Ne. 1
(3) Turn Fnem .e,.S. County Commission Tl' t t N 7
Words Underlined are added; Words StFuck Thfough are deleted.
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C. Term. Eaeh -- appeintment er— reappeintment shall be for- --a tefm of 4-- yea,zaeh
Terms of office of Planning Commission
members shall be for not less than two nor more than four years and not more than a minoriky of
such members' terms shall expire in any one year. Appointments to fill any vacancy on the
Planning Commission shall be for the remainder of the unexpired term of office. No meetings of
a Planning Commission shall be held when the membership is less than five.
D. Removal from office.
1. Any member of the Planning Commission may be removed from office by a four -
fifths vote of the BCC, but such member shall be entitled to a public hearing and
reconsideration of the vote if he so requests in writing within 30 days of the date
on which the vote is taken.
2. If any member of the Planning Commission fails to attend 2 consecutive Planning
Commission meetings without cause, the Planning Commission shall declare the
member's office vacant and the vacancy shall be filled by the BCC.
E. Officers. The membership of the Planning Commission shall elect a chairman and vice -
chairman from among the members. Officers' terms shall be for 1 year, with eligibility for
reelection.
(3) Quorum and Voting.
The presence of 4-5 or more members shall constitute a quorum of the Planning
Commission necessary to take action and transact business. In addition, a simple majority vote of
at least 43 members present and voting shall be necessary in order to forward a formal
recommendation of approval, approval with conditions, denial, or other recommendation to the
BCC.
SECTION TWO: 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 the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
Words Underlined are added; Words &Fuek Through are deleted.
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separate, distinct and independent provision and such holding shall -riot affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective October 1, 2013.
PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County
Commissioners of Collier County, Florida, thisq}n day of , 2013.
ATTEST: y:« '" "'' BOARD CO TTY COMMISSIONERS
�_sn
DWIGHTJ!�) OC9,- ,clerk COLL R TY, FLORIDA
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By: - - By:
P �puV er GE IA A. HILLER, ESQ.
Attest as f :QhaiFinan1s- -. CHAIRWOMAN
signature oo{ ..
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and legality:
Jeffrey A- w
County A o e This ordinance filed with tfie
ty y c tary of State's 'Us Of ice the
= Of �-��=t' JIM'S
and acknowledgeme t off A"t
fill ec v*d ii doy
of t6� .
Words Underlined are added; Words Sttuck Tluough are deleted.
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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 2013 -50
which was adopted by the Board of County Commissioners
on the 9th day of July, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th
day of July, 2013.
DWIGHT E. BROCK
Clerk of Courts ancj .Clerk
Ex- officio to Boar<3°'�•r
County Commiss ice n`s...
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t.�
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By: Martha Verges a;
Deputy Clerk �d