Agenda 02/27/2018 Item #16A1302/27/2018
EXECUTIVE SUMMARY
Recommendation to repeal previous Board direction requiring affirmation of Collier County
Planning Commission (CCPC) or Hearing Examiner (HEX) approval of insubstantial changes to
Planned Unit Developments (PUD) and resume the current PDI process specified by the Land
Development and Administrative Codes.
OBJECTIVE: To repeal previous Board direction to staff to make a minor procedural change to the
Land Development Code (LDC) and the Administrative Code, affecting the approval process for
insubstantial changes (PDI) to Planned Unit Developments.
CONSIDERATIONS: At the June 13, 2017 County Commission meeting, the Board, in response to
issues raised by the Clerk of the Circuit Court as to whether an approval of an insubstantial change
constitutes an amendment to a previous ordinance of the BCC, directed staff to amend the Land
Development Code and the Administrative Code to require insubstantial changes to PUDs be brought to
the Board of County Commissioners for affirmation of the approving CCPC Resolution/HEX Decision
(Attachment A).
In a February 15, 2018 e-mail from the Clerk of the Circuit Court to the County Attorney,
the Clerk wrote as follows:
Jeff:
As you and I discussed the other day, what you and the Board of County
Commissioners are doing with having Marc Strain make the “so-called”
insignificant changes to land use documents, is an issue in which I do not have
an interest. I was under the impression that my staff was making changes to the
PUD documents in my office, because of these administrative changes and that
we were then forwarding them to the Secretary of State. Some of this confusion
was created by my staff and some by others. Now that I have determined that
my staff does not do either of those acts, we do not have an issue with how you
want to make the “so called” changes.
You may deal with this issue any way you want and it does not affect my agency
or me. (Attachment “B”).
Based upon this email, staff is recommending that the Board repeal its previous direction
to amend the LDC and Administrative Code and leave intact the current process outlined
in the LDC which requires one hearing before the CCPC or HEX. This single hearing
process is aligned with the limited scope of changes authorized by the PDI process in
Section 10.02.13.E.1 of the LDC.
FISCAL IMPACT: There is no fiscal impact associated with this item.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires a majority vote for approval. JAK
GROWTH MANAGEMENT PLAN IMPACT: None.
16.A.13
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02/27/2018
RECOMMENDATION: To repeal previous Board direction requiring affirmation of Collier County
Planning Commission (CCPC) or Hearing Examiner (HEX) approval of insubstantial changes to Planned
Unit Developments (PUD) and resume the current PDI process specified by the Land Development and
Administrative Codes.
Prepared by: Mike Bosi, AICP, Director Zoning Director
ATTACHMENT(S)
1. Attachment-A-PDI (PDF)
2. Attachment-B-PDI (PDF)
16.A.13
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02/27/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doc ID: 4923
Item Summary: Recommendation to repeal previous Board direction requiring affirmation of
Collier County Planning Commission (CCPC) or Hearing Examiner (HEX) approval of insubstantial
changes to Planned Unit Developments (PUD) and resume the current PDI process specified by the Land
Development and Administrative Codes.
Meeting Date: 02/27/2018
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
02/21/2018 12:41 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
02/21/2018 12:41 PM
Approved By:
Review:
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 02/21/2018 12:38 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/21/2018 3:04 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/21/2018 3:38 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/27/2018 9:00 AM
16.A.13
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06/13/2017
EXECUTIVE SUMMARY
Recommendation to direct staff to: (1) develop and bring forward amendments to the Land
Development and Administrative Codes, to provide for Board affirmation of the Collier County
Planning Commission (CCPC) or Hearing Examiner (HEX) approval of insubstantial changes to
Planned Unit Developments (PUD); and 2) process PDI applications following the PDI process
proposed in the interim.
OBJECTIVE: To make a minor additional procedural change to the Land Development Code (LDC) and
the Administrative Code to change the approval process for insubstantial changes (PDI) to Planned Unit
Developments.
CONSIDERATIONS: As dictated by the LDC, approval for a PDI requires one hearing before
the CCPC or HEX. In response to issues raised by the Clerk as to whether an approval of an
insubstantial change constitutes an amendment to a previous ordinance of the BCC, staff is
suggesting the Board directs staff to amend the Land Development Code and the Administrative
Code to require insubstantial changes to PUDs be brought to the Board of County
Commissioners for affirmation of the approving CCPC Resolution/HEX. The proposed change
would add a final step to the process, with one hearing before the CCPC or HEX for a decision
and then a hearing before the Board to affirm the decision and amend the ordinance to comport
with the change.
Additionally, staff is requesting the Board allow PDI applications to move forward under the revised
process until this change in the LDC can be brought to the Board.
The draft LDC amendments are provided for within Attachment “A” to this executive summary.
FISCAL IMPACT: There is no fiscal impact associated with this item.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires a majority vote for approval. JAK
GROWTH MANAGEMENT PLAN IMPACT: None.
RECOMMENDATION: That the Board direct staff to 1) develop and bring forward Land
Development and Administrative Code amendments to provide for Board affirmation of the
Planning Commission or Hearing Examiner approval of insubstantial or minor changes to PUDs;
and 2) process PDI applications following the PDI process proposed in the interim.
Prepared by: Mike Bosi, AICP, Planning & Zoning Interim Director, Growth Management Division
ATTACHMENT(S)
1. Attachment-A-PDI (DOCX)
16.A.14
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16.A.13.a
Packet Pg. 698 Attachment: Attachment-A-PDI (4923 : PDI Process)
16.A.13.b
Packet Pg. 699 Attachment: Attachment-B-PDI (4923 : PDI Process)