Backup Documents 12/11/2002 S BOARD OF COUNTY
COMMISSIONERS-
LAND DEVELOPMENT CODE
AMENDMENTS
SPECIAL MEETING
DECEMBER 11, 2002
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
December 11, 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 W HO DECIDES T O APPEAL A DECISION O F T HIS 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
1
December 11, 2002
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.
1. PLEDGE OF ALLEGIANCE
2. AGENDA
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.
Second and final public hearing to be held January 8, 2003
3. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
2
December 11, 2002
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 [] Other:
(Display Adv., location, etc.)
Originating Dept/Div: Coram-Dev. ServYPlannmg Person: ~'--- ' JL/f~ Date://- / 5-- O ~
Petition No. (If none, give brief description): BCC LDC AMENDMENT
Petitioner: (Name & Address): Susan Murray, Current Planning Manager, Planning Services Department, 2800 North Horseshoe
Drive
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before XKK BCC BZA Other
Requested Hearing date: 12/11/02 Based on advertisement appearing
Newspaper(s) to be used: (Complete only if important):
7 days before hearing.
XXX Naples Daily News
Other
[] Legally Required
Proposed Text: (Include legal description & common location & Size: BCC LDC Amendments - 7 day ad. (See attached Ad)
Does Petition Fee include advertising cost? KX Yes [] No If Yes, what account should be charged for advertising costs:
113-138312-649110
Division I~1
Approved by:
Date County Manager
DISTRIBUTION INSTRUCTIONS
Date
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or reque
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 [] Original
Clerk's Office
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 ONLy:
Date Received: I~ '~/~tO'2. Date ofPublic hearing: [7_./ll/OZ Date Advertised: t2/3[0z.
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
PLANNING SERVICES DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
December 11,2002
BCC Public Hearing
NOTICE OF CONSIDERATION/ADOPTION
The Board of County Commissioners of
Collier County, Florida proposes to enact:
Please publish the following Display, h page, with map
attached, Legal Notice in your edition of Dec-mher 3, 2002,
and furnish proof of publication to the Collier County
Development Services Building, Current Planning, 2800 North
Horseshoe Drive, East Naples, Florida 34104, Attention: Cecilia
Martin.
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND DEVELOPMENT 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 SPCI~ICALLY AMENDING THE FOLLOWING: ARTICLE 1,
GENERAL PROVISIONS, DIVISION 1.9, ENFORCEMENT; DIVISION 1.18,
LAWS INCORPORATED HEREIN BY REFERENCE; ARTICLE 2, ZONING,
DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES, CONDITIONAL
USES, DIMENSIONAL STANDARDS INCLUDING REVISIONS TO THE C-1
THROUGH C-5 ZONING DISTRICTS LIST OF PERMITTED AND CONDITIONAL
USES, GENERAL REQUIREMENTS FOR "PUD" DISTRICTS AND INCLUDING
THE EXTENSION OF THE VANDERBILT BEACH RESIDENTIAL TOURIST
ZONING DISTRICT INTERIM DEVELOPMENT CONTROLS (MORATORIUM) FOR A
PERIOD OF SIX MONTHS; DIVISION 2.6, SUPPLEMENTAL DISTRICT
REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND
PROCEDURES; ARTICLE III, DEVELOPMENT REGULATIONS, DIVISION 3.2,
SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION
3.4, EXPLOSIVES; DIVISION 3.9, VEGETATION REMOVAL, PROTECTION
AND PRESERVATION; DIVISION 3.13, COASTAL CONSTRUCTION SETBACK
LINE VARIANCE; DIVISION 3.15, ADEQUATE PUBLIC FACILITIES;
DIVISION 3.16, GROUNDWATER PROTECTION INCLUDING AMENDMENTS TO
THE TEXT OF EXHIBIT A THEREOF ENTITLED WELl. FIELD PROTECTION
-1-
Phone (941) 403-2400 Fax (941) 643-6968 www. colliergov, net
ZONE MAP SERIES; ARTICLE V, DECISION-MAKING AND ADMINISTRATIVE
BODIES, DIVISION 5.2, PLANNING COMMISSION; DIVISION 5.13,
ENVIRONMENTAL ADVISORY COUNCIL; ARTIVLE VI, DEFINITIONS,
DIVISION 6.3, DEFINITIONS, INCLUDING BUT NOT LIMITED TO
AMENDMENTS TO THE DEFINITION OF "ALLEY" AND THE ADDITION OF
DEFINITIONS FOR "OUTPARCEL" AND "PASSENGER VEHICLES"; SECTION
FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
which will be effective within the unincorporated
area of Collier County, Florida, and as stated in
said ordinance. The unincorporated area of Collier
County is shown on the map in this advertisement.
A Public Hearing on this regulation will be held on WEDNESDAY,
December 11, 2002, at 5:05 P.M., in the Board of County
Commissioners Meeting Room, 3rd Floor, Building "F," Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. Final Adoption of the ordinance will be considered at
a second public hearing on January 8, 2003.
Ail interested parties are invited to appear and be heard.
Copies of the Proposed Ordinance are available for public
inspection in the Current Planning Section, Community
Development Services Center, 2800 N. Horseshoe Drive, Naples,
Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday
through Friday. Any questions pertaining to this regulation
should be directed to the Current Planning Section.
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 appeal is to be
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES N. COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Maureen Kenyon, Deputy Clerk
LDC BCC Ad 1 (7 day)
2
November 20, 2002
Ms. Pam Perrell
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: NOTICE OF PUBLIC HEARING AMENDING ORD. 91-102
Dear Pam:
Please advertise the above referenced notice and map on Tuesday,
December 3, 2002. This advertisement should be no less than one-quarter
page and the headline in the advertisement should be in a type no smaller
than 18 point. The advertisement should not be placed in that portion of
the newspaper where legal notices and classified advertisements appear.
Kindly send the Affidavit of Publication, in duplicate, with charges involved to
this office.
Thank you.
Sincerely,
Patricia L. Morgan,
Deputy Clerk
Enclosures
P.O./Account # 113-138312-649110
December 11, 2002
BCC Public Hearing
NOTICE OF CONSIDERATION/ADOPTION
The Board of County Commissioners of
Collier County, Florida proposes to enact:
AN ORDINANCE AMENDING ORDINANCE 91-102, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
DEVELOPMENT 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: ARTICLE 1,
GENERAL PROVISIONS, DIVISION 1.9, ENFORCEMENT; DIVISION 1.18, LAWS
INCORPORATED HEREIN BY REFERENCE; ARTICLE 2, ZONING, DIVISION 2.2,
ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL
STANDARDS INCLUDING REVISIONS TO THE C-1 THROUGH C-5 ZONING DISTRICTS
LIST OF PERMITTED AND CONDITIONAL USES, GENERAL REQUIREMENTS FOR ~PUD"
DISTRICTS AND INCLUDING THE EXTENSION OF THE VANDERBILT BEACH
RESIDENTIAL TOURIST ZONING DISTRICT INTERIM DEVELOPMENT CONTROLS
(MORATORIUM) FOR A PERIOD OF SIX MONTHS! DIVISION 2.6, SUPPLEMENTAL
DISTRICT REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND
PROCEDURES; ARTICLE III, DEVELOPMENT REGULATIONS, DIVISION 3.2,
SUBDIVISIONS! DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4,
EXPLOSIVES; DIVISION 3.9, VEGETATION REMOVAL, PROTECTION AND
PRESERVATION; DIVISION 3.13, COASTAL CONSTRUCTION SETBACK LINE
VARIANCE; DIVISION 3.15, ADEQUATE PUBLIC FACILITIES; DIVISION 3.16,
GROUNDWATER PROTECTION INCLUDING AMENDMENTS TO THE TEXT OF EXHIBIT A
THEREOF ENTITLED WELLFIELD PROTECTION ZONE MAP SERIES; ARTICLE V,
DECISION-MAKING AND ADMINISTRATIVE BODIES, DIVISION 5.2, PLANNING
COMMISSION; DIVISION 5.13, ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE VI,
DEFINITIONS, DIVISION 6.3, DEFINITIONS, INCLUDING BUT NOT LIMITED TO
AMENDMENTS TO THE DEFINITION OF "ALLEY" AND THE ADDITION OF DEFINITIONS
FOR "OUTPARCEL" AND "PASSENGER VEHICLES"; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE! AND SECTION SIX, EFFECTIVE DATE~ WHICH WILL BE
EFFECTIVE WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
AND AS STATED IN SAID ORDINANCE. THE UNINCORPORATED AREA OF COLLIER
COUNTY IS SHOWN ON THE MAP IN THIS ADVERTISEMENT.
A Public Hearing on this regulation will be held on WEDNESDAY, December 11,
2002, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3rd
Floor, Building "F", Collier County Government Center, 3301 East Tamiami
Trail, Naples, Florida. Final Adoption of the ordinance will be considered
at a second'public hearing on January 8, 2003.
Ail interested parties are invited to appear and be heard. Copies of the
proposed Ordinance are available for public inspection in the Current
Planning Section, Community Development Services Center, 2800 N. Horseshoe
Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday
through Friday. Any questions pertaining to this regulation should be
directed to the Current Planning Section.
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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES N. COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Patricia L. Morgan, Deputy Clerk
( SEAL )
Patricia L. Mor~lan
To:
Subject:
paperrell@naplesnews.com
Advertising - DISPLAY AD - BCC/LDC Amend. Ord 91-102
Hi Pam,
Please advertise the attached. The copy of the map will be faxed to you for
inclusion into the ad display.
Thank you,
Trish
Minutes & Records
Amend. Ord.91-102
.doc
Amend.Ord.91-102
(12-11).doc
Patricia L. Mor~lan
From:
Sent:
To:
Subject:
postmaster@clerk.collier.fi.us
Thursday, November 21,2002 9:58 AM
Patricia L. Morgan
Delivery Status Notification (Relay)
ATT190063.txt Advertising -
)ISPtAYAD-BCC"This is an automatically generated Delivery Status
Notification.
Your message has been successfully relayed to the following recipients, but
the requested delivery status notifications may not be generated by the
destination.
paperrell@naplesnews.com
Patricia L. Mor~lan
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Thursday, November 21, 2002 9:53 AM
Patricia L. Morgan
Delivered: Advertising - DISPLAY AD - BCC/LDC Amend. Ord 91-102
Advertising -
~)ISPLAY AD - BCC...
message
<<Advertising - DISPLAY AD - BCC/LDC Amend. Ord 91-102>> Your
To: paperrell@naplesnews.com
Subject: Advertising - DISPLAY AD - BCC/LDC Amend. Ord 91-102
Sent: Thu, 21 Nov 2002 09:58:11 -0500
was delivered to the following recipient(s):
Perrell, pamela on Thu, 21 Nov 2002 09:53:15 -0500
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County o£ Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant CorPorate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said 1 time(s) in the issue
on December 3, 2002
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Ftohda, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
prom/seal any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said new~spaper.
Swom to and subscribed before me
. y o[ .December, 2002
'(Si~nature Of not pl~c)
N'OTICE OF: ONSiDE TiON/AD PTION
The Board of CoUnty Commissioners'Pr, ~,~:'~
Collier Goun ,'Fl°ridapr0*p0ses to eoaCt:
AN ORDINANCE AMENDING ORDINANCE 91-102, AS AMENDED, ~E CO~ER COUP.
~ND D~ELOPMENT CODE, WHICH INCLUDES ~E COMPREHENSIVE ~ND
D~ELOPMENT REGU~TIONS FOR THE UNINCORPO~D AR~ OF COLLIER
COUNt, F~RIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SE~ION ~O,
FINDINGS OF FACT: SE~ON ~REE~ ADOPTION OF AMENDMENTS TO ~E ~D
D~ELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ~TICLE.!
GENE~L PROVISIONS, DI~SION ~ .9, ENFORCEMENT; DIVISION 1.18, ~WS ~ ..
INCORPO~TED HEREIN BY REFERENCE; A~CLE 2, ZONING, DIVISION 2.2, ZONING
DIS~ICTS,'PERMI~ED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS
INCLUDING R~ISIONS TO ~EC-1 THROUGH C-5 ZONING DISTRICTS LIST OF ....
PERMI~ED ~D CONDITIO~L USES, GENE~L REQUIREMENTS FOR "PUD" DISTRICT
AND INCLUDING THE ~ENSION OF THE VANDERBILT B~CH RESlDENT~L TOURIST
. ZONING DISTRICT INTERIM D~ELOPM~T CONTROLS (MO~TORIUM) FOR A PERIOD
OF SIX MONTHS; DIVISION 2.6, SUPPLEMENTAL DISTRICT REGU~TIONS; D~ISION 2.7,
ZONING ADMINIST~ON AND PROCEDURES; ARTICLE III, D~ELOPMENT . ::~* ~
REGU~ONS, DNISION 3,2, SUBD~ISIONS; D~SION 3.3, SITE D~ELOPMENT P~NS;
DIVISION 3.4, ~PLOSIVES; DIVISION 3.9, VEG~A~ON REMOVAL, PROTECTION AND
=RESERVATION; D~ISION 3.13, COASTAL CONSTRUCTION S~CK LINE VARIANCE;
DIVISION 3.15, ADEQUATE PUBLIC FAClLmES; DIVISION 3.16,.GROUNDWATER ~ .
PROTECTION INCLUDING ~ENDMENTS TO THE ~ OF ~HIBIT A THEREOF '~-.. ~.'~
ENTITLED WEL~IELD PRO~ION ZONE MAP SERIES; ARTICLE V, DEClSION~MAKING
AND ADMINIST~TNE BODIES~ D~ISION.5.2, P~NNING COMMISSION; DIVISION 5.13,
ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE VI, DEFINITIONS, DIVISION 6.3,
'DEFINITIONS, INCLUDING B~ NOT LIMITED TO AMENDMENTS TO THE DEFINITION OF
"ALL~" ~D THE ADDITION OF DEFINITIONS FOR "OUTPARCEL" AND "PASSENGER
VEHICLES"; SECTION FOUR, CONFLICT AND S~E~BILI~; SECTION FIVE, INCLUSION
IN THE COLLIER COUN~ ~ND D~ELOPMENT CODE; AND SECTION SIX, EFFE~IVE
DATE: WHICH WILL BE EFFECTWE WITHIN*THE UNINCORPO~TED AR~ OF COLLIER
COUNt, FLORIDA, AND AS ~ATED IN SAID ORDINANCE. THE UNINCORPO~TED ARE
OF COLLIER COUN~ IS SHOWN ON THE MAP.IN THIS ADVERTISEMENT. .. .
A Public He~ng on ~is ~ul~on will be held on WEDNESDAY, December 11,2002, at
'5:05 P.M., in the Boa~ of ~u~ ~mmissionem M~ting Room, 3~ Floor, Building "F",
Collier Coun~ Government Center, 3301 E~t Tami~i Trail, Naples, Florida. Final Adopti0
of the o~inance will be conside~ at a s~ond. Public he~ng on Janua~ 8, 2003.
NI interested pa~ies ~ invit~ to ~pe~ and be he~. Copies of the prop°s~ O~inanc
am available for public insp~ion in the Cu~nt Pl~ning ~tion, Communi~ Developme~
Se~ices Center, 2800 N. Ho~sh~ DHve, Naples, RoHd~ ~een the houm of 8:00 A.M
~d 5:00 P.M., Monday ~rough FHday. ~y questions pedaining to this ~ulation should I
dir~t~ to the Cu~nt Planning S~ion. ' .... ~ :'~ ~ ~ *'.
, = p~.on a~,d~= ~o =~P~a =y d~=,on m~ ~y ~h~ C°,~r Coun~ So~ o~ Cou~
Commi~ionem with resp~ to ~y maffer considered at such meeting or he~ng, he will
n~d a ~o~ of the pmc~ings~ ~d for such pu~ose, he may ne~ to ensure that a
ve~atim r~o~ of the pmc~lngs is made, which ~o~ includes the testimony and
evidence u~n which ~e ~pe~ ~s to be based. ·
BOARD OF cOuNTY cOMMISSIONERS
COLLIER COUNTY, FLORIDA.
JAMES N. CO~.ETTA, CHAIRMAN
DW,GHT E. BR0C~, C~:ER~'~i ~'~ :~i
By:/s/Patricia~L. Morgan, '" *'" ~- Deputy Clerk , '.
No, 99706378
December
Intent Related to the Modifications to the Collier County
Concurrency and Impact Fee Collection Schedule
Due to the future changes to the concurrency system and recent impact fee schedule
modifications, the following represents necessary outcomes or objectives for both the
County and development industry.
1. Improve the availability of transportation impact fee funds to the County with the
use of trust fund accounts versus escrow type accounts.
Reduce the time frame by which the development industry makes payment of
transportation impact fees to allow improved County budgeting and
implementation of roadway improvements.
o
Facilitate a level of certainty for the development industry regarding meeting
concurrency, therefore receiving certificates of public facilities adequacy at a
point in time of the development process advantageous to both County and
developer. Sooner is better than later.
Moderate and/or minimize the costs to the County for review of development
projects by determining whether certificates of public facility adequacy can be
issued prior to full County review of SDP and the like. In other words, it is not
fiscally responsible to invest significant County staff and other agency review
time for projects that will not meet concurrency and/or receive certificates.
Moderate and/or minimize costs to the development industry in terms of soft costs
(consultants) and new financing requirements when modifications are enacted.
Certificates of public facility adequacy will NOW become an important step in
determining the feasibility of a development project. In other words, the
development industry should conduct sufficient due diligence to give the County
sufficient detail of the project to determine concurrency, prior to full preparation
and review of a SDP or the like.
Overall intent is to develop and implement a schedule and process of
development application; County review; impact fee payment; and budgeting of
transportation improvements that FULLFILL the Contract with the Community
pledge of the Board of County Commissioners by assessing, receiving, and
expending the funds necessary to deliver the transportation improvements needed
to accommodate the orderly growth of Collier County.
7. Figure 1 (attached) depicts the timeline and milestones for accomplishing the
above intent.
3.15.7.2.76_.8. Limitation on determination of vested rights for a Certificate of Public
Facility Adequacy. A determination of vested rights for a Certificate of Public Facility
Adequacy which grants an application for determination of vested rights for a Certificate
of Public Facility Adequacy shall expire and be null and void unless construction is
commenced pursuant to a final development order, final subdivision plat, or final site
development plan, within two years after the issuance of the determination of vested
rights for a Certificate of Public Facility Adequacy under this section 3.15.7.2.7~_., or
unless substantial permanent buildings have been, or are being constructed or installed
pursuant to a valid, unexpired, final development order of Collier County within two
years a~er issuance of the determination of vested rights for a Certificate of Public
Facility Adequacy under this section 3.15.7.2.7~_., and such development pursuant to a
final development order, final subdivision plat, final site development plan, final
subdivision master plan, or planned unit development master plan is continuing in good
faith. The aforementioned two-year time limitation on the determination of vested rights
for a Certificate of Public Facility Adequacy shall be stayed during any time periods
within which commencement of construction pursuant to a final development order, final
subdivision plat, or final site development plan is prohibited or deferred by the county
solely as a result of lack of adequate public facilities to serve the property, pursuant to
this division. [Deletion of limitation on vested rights reflects purpose of obtaining
determination, i.e. to be vested from Concurrency.]
3.15 7 2.6.9. [TEXT MOVED TO 3.15.7.3.1.2]
3.15.7.3. Certificate of public facility adequacy.
3.15.7.3.1. General.
3.15.7.3.1.1 A ,,~,:a unc×pircd certificate of public facility adequacy shall be
issued following ......... ~ .....
............. _, ...... ~ the filing of, but no later than the approval of the
...... ~ .................. of final local development order in accordance with
time frames outlined herein, e.~, ~..,.a:..:~:~.~ ~,~, ~ ~:,~ ~ ....~ .....·
· ~ ..... ~ .................... county
· ~.~--~ ......... M the time a Ce~ificate of
~blic Facility Adequacy is issued, 50% or one-half of the estimates of ~
tr~spoaation impa~ fees must be paid within 90 days into the applicable Trust Fund
pursuant to ~ 3.15.7.3.1.5 of this ordinance and such ~nds will be immediately available:
~ ~zz~rdanzz wits 3.15.7.3.1.5. for a~ro~fiation to implement "~+
tr~spo~ation capital improvements., i~z!~i~g ~zads. Impa~ fees for all other Catego~
"A" capital improvements shall be paid at the time of issuance of building pecinits at th~
rate cu~ently applicable. ---:+~ +~ ...... ,:~ ~e~ ~:~,~ ~c~..~:~ c~:~:+.. ~ ........