Agenda 02/06/2002 S COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
February 6, 2002
5:05 P.M.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY
MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED
TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH
THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS
DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS
AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED
A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE 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.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES
UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
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 LOCATED AT 3301
EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
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February 6, 2002
PLEDGE OF ALLEGIANCE
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT: SECTION THREE, AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING DIVISION 3.15,
ADEQUATE PUBLIC FACILITIES, TO DELETE SUBSECTION 3.15.7.3.1.2. THEREOF
RELATING TO REVIEW AND APPROVAL OF CERTIFICATES OF PUBLIC FACILITY
ADEQUACY PRIOR TO CONSIDERATION OF AN APPLICATION FOR
DEVELOPMENT ORDER APPROVAL; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
3. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE
TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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February 6, 2002
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES
THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION
ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE,
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING DIVISION 3.15, ADEQUATE PUBLIC
FACILITIES, TO DELETE SUBSECTION 3.15.7.3.1.2. THEREOF RELATING
TO REVIEW AND APPROVAL OF CERTIFICATES OF PUBLIC FACILITY
ADEQUACY PRIOR TO CONSIDERATION OF AN APPLICATION FOR
DEVELOPMENT ORDER APPROVAL; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
OBJECTIVE: To amend provisions of the Collier County Land Development Code.
CONSIDERATION: This is the second of two public bearings required by Statute for
amending the Collier County Land Development Code, the first being held on January 9,
2002.
The language proposed for deletion provided the basis and authority for a property owner
to come forward at anytime, not in association with the application for a development
order, and apply for a Certificate of Adequate Public Facilities (COA) and have one
issued for an anticipated level of development on the parcel, thereby indemnifying the
property in question against the impacts of concurrency, in exchange for the deposit of
the estimated impact fees that would apply to the development into the Collier County
Impact Fee Trust Fund. Pending changes to other provisions of Division 3.15 of the LDC
to the methodology and standards for evaluating, monitoring and approving the roads
component of the COA application process will make this administrative procedure
obsolete and COAs will only be issued in conjunction with specified development orders.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: This proposed amendment to the Land
Development Code is consistent with Policies, Objectives and Elements of the GMP.
RECOMMENDATION: That the Board of County Commissioners adopt the ordinance
to delete paragraph 3.15.7.3.1.2 from the Land Development Code.
SUBMITTED BY:
REVIEWED BY:
APPROVED BY:
/?-.<..C.o~.~'~ Date:
~tan Li;singe ,~'Comp. l~anning Manager
~~,~ ~;y~ re ct or Date
ph Sch~tTA~nistdtor
ORIGIN:
AUTHOR:
Comprehensive Planning Section
Stan Litsinger, AICP
DEPARTMENT: Planning Services
LDC PAGE:
CHANGE:
REASON:
LDC 3:182
Delete paragraph 3.15.7.3.1.2 in its entirety
This language provided the basis and authority for a property
owner to come forward at anytime, not in association with the
application for a development order, and apply for a
Certificate of Adequate Public Facilities (COA) and have one
issued for an anticipated level of development on the parcel,
thereby indemnifying the property in question against the
impacts of concurrency, in exchange for the deposit of the
estimated impact fees that would apply to the development
into the Collier County Impact Fee Trust Fund. Pending
changes to other provisions of Division 3.15 of the LDC to
the methodology and standards for evaluating, monitoring
and approving the roads component of the COA application
process will make this administrative procedure obsolete and
COAs will only be issued in conjunction with specified
development orders.
FISCAL & OPERATIONAL IMPACTS: The Comprehensive Planning Section will
discontinue the administrative process of issuing COAs and escrowing impact
fees into the Impact Fee Trust Fund (765). The fund will be closed once all the
current escrowed accounts have been drawn down for permit issuance or unused
monies are refunded to the depositors.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: There is no impact as this is an
administrative process related to the regulatory provisions of Division 3.15 LDC
and not the adopted GMP.
Amend LDC as follows:
3.15.7.3.!.2.
3.15.7.3.1.3.2__Where the proposed development has been issued final subdivision plat
approval or final site development plan approval prior to the effective date of this
division, a certificate of public facility adequacy shall be obtained prior to approval of the
next development order required for the proposed development.
ORDINANCE NO. 02-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WItICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT: SECTION THREE,
AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING DIVISION 3.15,
ADEQUATE PUBLIC FACILITIES, TO DELETE
SUBSECTION 3.15.7.3.1.2. THEREOF RELATING TO REVIEW
AND APPROVAL OF CERTIFICATES OF PUBLIC FACILITY
ADEQUACY PRIOR TO CONSIDERATION OF AN
APPLICATION FOR DEVELOPMENT ORDER APPROVAL;
SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
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 has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to
Section 1.19.1., LDC; and
and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2001;
WHEREAS, on March 18, 1997, the Board of County Commissioners 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 January 9, 2002 and February 6, 2002, and did take action concerning these
amendments to the LDC; and
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, all applicable substantive and procedural requirements of the law have 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.
Words s~.:ck ~zcugk are deleted, words underlined are added.
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SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et se_~q., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and implement
the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., 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 as required by
the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., 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 development 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.
5. Sec. 163.3202(3), Fla. Stat., 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 Sec. 1634.3161 et sea. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., 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 Sec. 163.3194(3)(a), Fla. Stat., 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). Fla. Stat., requires 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 and may be amended twice annually.
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;, encourage the most appropriate use of land,
water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within the total unincorporated are 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; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the
adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities,
housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within
the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and
maintain through orderly growth 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.
Words s~tck t~.r~ugh are deleted, words underlined are added.
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SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A. AMENDMENTS TO DIVISION 3:15, ADEQUATE PUBLIC FACILITIES
Subsection 3.15.7.3 entitled Certificate of Public Facility Adequacy of Ordinance No. 91-102, as amended,
the Collier County Land Development Code, is hereby amended to delete subsection 3.15.7.3.1.2 as follows:
pe-~rMt approval.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and 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
separate, distinct and independent provision and such holding shall 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 relettered 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 Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this __ day of ,2002.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
BY:
JAMES N. COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
Words .......... 6,- are deleted, words underlined are added.
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Approved As To Form And Legal Sufficiency
Mmjori~ M. Student '
Assistant County Attorney
H:\ LDC CYCLE 1 - 2001\LDC ORD CYCLE I - 2001
Words ........... ~,, are deleted, words underlined are added.
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