Agenda 12/09/2014 Item #16A18 Proposed Agenda Changes
Board of County Commissioners Meeting
December 9,2014
Withdraw Item 8A: This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to
approve a Resolution relating to Petition Number ASW-PL20140000797,granting a waiver from the
minimum required separation of 500 feet between automobile service stations pursuant to Section 5.05.05.B
of the Land Development Code, for property located on the south side of U.S. 41 between Frederick Street
and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida. (Petitioner's
request)
Withdraw Item 9A: This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Standard Pacific of
Florida GP, Inc. requests an appeal to the Board of County Commissioners of a final decision by the Collier
County Planning Commission to deny Petition BDE-PL20130001765 for a 32-foot boat dock extension over
the maximum 20-foot limit allowed by Section 5.03.06 of the Land Development Code for a total protrusion of
52 feet to accommodate a 42 slip multi-family docking facility for the benefit of a 19.06± acre project to be
known as Ilaldeman's Landing in Sections 11 and 14,Township 50 South, Range 25 East,Collier County,
Florida. (Petition ADA-PL20140001454] (Companion to Petition ST-PL20140000896). (Petitioner's request)
Move Item 16A18 to Item 11G: Recommendation to approve the 2015
schedule for submittals to amend the Collier County Growth Management
Plan (GMP), as aligned with the Florida Statutes, and to approve an
exemption from the schedule to expedite an amendment related to the
environmental review of oil wells, and allow for future exemptions, as
determined by the Board. (Staffs request)
Continue Item 16A28 to the January 13,2015 BCC Meeting: Recommendation to award 1TB No. 14-
6346, "Traffic Operations Signal Components", to the following vendors: Multicom Inc.,Transportation
Control Systems, Peck"Traffic Corporation, Express Supply,'Temple Inc.,Traffic Signal Inc. (Staff's
request)
Continue Item 16F5 to the January 13,2015 BCC Meeting: Recommendation to approve the Clam
Bay Natural Resource Protection Area (NRPA) Management Plan (Plan) and authorize Pelican Bay Services
Division to administer the Plan and submit it with the 10 Year Permit Application to the required Federal
and State Agencies. (Commissioner Taylor and Commissioner Fiala's separate requests)
Time Certain Items:
Item 11C to be heard at 10:45 a.m.
12/9/21)14%:14.a,AI
12/9/2014 16.A.18.
EXECUTIVE SUMMARY
Recommendation to approve the 2015 schedule for submittals to amend the Collier County
Growth Management Plan (GMP), as aligned with the Florida Statutes, and to approve an
exemption from the schedule to expedite an amendment related to the environmental
review of oil wells, and allow for future exemptions, as determined by the Board .
OBJECTIVE: To have the Board of County Commissioners (BCC) approve the 2015 schedule
for amending the Collier Growth Management Plan to reflect the changes provided for within
Resolution #12-234, adopted by the BCC at the November 13, 2012 public hearing, and to
approve exemptions from the schedule.
CONSIDERATIONS: Resolution #12-234 provides for a tri-annual GMP amendment cycle,
but the resolution does not contain the specificity of when the tri-annual cycle of GMP
amendments are to be initiated. The schedule proposed would require copies of an application to
amend the Collier County Growth Management Plan to be submitted no later than the last Friday
in February,June and October.
It should be noted that due to the fact that the schedule is not embedded within Resolution #12-
234, every year the GMP amendment cycle will be set by the BCC. Staff is requesting the 2015
GMP amendment schedule to give the development community and the general public advanced
certainty of the upcoming year's submittal dates for GMP amendments.
Additionally, as noted in the Executive Summary that accompanied Resolution #12-234, staff is
recommending the BCC maintain the current practice of processing the various types of GMP
amendments in relation to the amendment cycles. The past practice, following Florida Statutes,
exempted from the cycle the following types of GMP amendments: DRI-related, located within a
designated Rural Area of Opportunity (RAO), and Small Scale amendments. Staff is requesting
the BCC maintain the exemption from the cycle limitations for the above described GMP
amendments.
Further staff is requesting that the Board approve an expedited GMP amendment cycle to allow
for the potential environmental review of oil wells. Currently, within the Conservation and
Coastal Element, Policy 1.1.6, provides for environmental review of oil wells through the state
permitting process, "All applicable County environmental permitting requirements shall be
considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas
permits for proposed oil and gas activities in the County, so long as the state permits comply
with the requirements of Chapter 62C-25 through 62C-30, FA.C.. " At the November 18, 2014,
the Board directed the County Attorney to work with staff to eliminate this restriction and the
requested special expedited cycle is proposed to allow for the processing of this request. If
approved the amendment would require transmittal and adoption hearings with the Planning
Commission/Environmental Advisory Council (CCPC)/(EAC) and the Board, following the
State's coordinated review process for amendments to the County's GMP. The tentative
schedule would allocate a February transmittal hearing for the CCPC, and March hearing for the
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Board. The adoption hearings would be anticipated to be held in July for the CCPC/EAC and
September for the Board.
FISCAL IMPACT: There is no fiscal impact for approving the proposed schedule, the special
cycle for environmental review for oil wells and the exemption from the cycles of certain types
of GMP amendments. The staffing and legal advertising for the special cycle will be absorbed
within the Planning& Zoning Department's existing budget.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: Approval of the proposed 2015
schedule for GMP amendment applications will satisfy the direction provided for in Resolution
12-234, which allocates a tri-annual cycle for GMP amendments.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no
legal issues at this time, and requires majority vote for approval. -JAK
RECOMMENDATION: Recommendation for the BCC to approve: (1)the schedule for the tri-
annual GMP amendment cycle as the last Friday in February, June and October; (2) a special
expedited cycle to allow for the potential of environmental review of oil wells; and, (3) the
exemption from the cycle limitations for the following types of GMP amendments: DRI-related,
located within a designated Rural Area of Opportunity (RAO), and Small Scale amendments.
Prepared by: Mike Bosi,AICP, Director, Department of Planning and Zoning Services
Attachment: Exhibit"A"-Resolution #12-234
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12/9/2014 16.A.18.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.18.
Item Summary: Recommendation to approve the 2015 schedule for submittals to amend
the Collier County Growth Management Plan (GMP), as aligned with the Florida Statutes, and to
approve an exemption from the schedule to expedite an amendment related to the
environmental review of oil wells, and allow for future exemptions, as determined by the Board
Meeting Date: 12/9/2014
Prepared By
Name: BosiMichael
Title: Director-Planning and Zoning, Comprehensive Planning
11/7/2014 2:06:48 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 11/12/2014 2:46:53 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 11/20/2014 4:40:59 PM
Name: CasalanguidaNick
Title: Administrator-Growth Management Div, Business Management&Budget Office
Date: 11/23/2014 9:43:22 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/24/2014 8:51:37 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 11/24/2014 9:12:53 AM
Name: FinnEd
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12/9/2014 16A18.
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 11/25/2014 10:38:54 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/25/2014 10:45:56 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 11/30/2014 8:01:59 PM
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12/9/2014 16.A.18.
RESOLUTION 12-234
A RESOLUTION ESTABLISHING GENERAL REQUIREMENTS AND
PROCEDURES FOR AMENDING THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN.
WHEREAS, Chapter 163, Florida Statutes, requires local governments to prepare
and adopt a Comprehensive Plan; and
WHEREAS, the Board of County Commissioners adopted the Collier County
Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 (Section 163.3161, et seq.,
Florida Statutes) mandates certain procedures to amend adopted Growth Management
Plans (Section 163.3184 and Section 163.3187, Florida Statutes); and
WHEREAS, in order to provide adequate notice, it is necessary to set forth the
requirements and procedures to be followed by petitioners, the general public and Collier
County in processing amendments to the Collier County Growth Management Plan
consistent with the requirements of the Florida Statutes.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
1. Subject to prior Board approval, staff will implement three amendment cycles
during which applications for amendments to the Collier County Growth Management
Plan or one of its elements ("GMP") will be processed. Additional GMP amendment
cycles can only be implemented by approval of the Board. Such approval shall be by
majority vote.
2. All amendments must strictly conform with the Florida Growth Management
Act, including, but not limited to, Section 163.33 184, Florida Statutes, for amendments in
general, and Section 163.3187, Florida Statutes, for adoption of a small-scale
comprehensive plan amendments.
3. An amendment may be proposed by the Board of County Commissioners, the
Collier County Planning Commission (CCPC), any department or agency of the County,
or any private person, provided, however, that no such person shall propose an
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amendment for a land use designation change for property which he or she does not own,
except as an agent or attorney for the owner.
4. All required copies of the application to amend the Collier County Growth
Management Plan and supporting documentation along with the required filing fee must
be submitted to the County Manager or his designee prior to the deadline established by
the Board for each adoption cycle. Following the requisite submission:
A. Prior to submittal, a pre-application conference shall occur between the
petitioner and appropriate County staff to ensure that the amendment procedure is
understood and adhered to.
B. Staff shall perform an initial review of the proposed amendment application to
determine whether additional information is necessary to enable staff to conduct a formal
review and whether other amendments of the Growth Management Plan will be necessary
to preserve the internal consistency of the Plan. Within 30 calendar days following the
filing deadline, the staff shall notify the petitioner in writing, that:
(i) staff has determined that the petition is adequate for formal review; or
(ii) the application is inadequate for formal review and the notice shall set forth in
detail the additional information deemed necessary for formal review of the petition.
C. If the application is deemed insufficient, the petitioner shall have 30 calendar
days from the date of receipt of staffs letter of insufficiency to supplement the
application in response to the initial review. A second 30 day time period to respond to
the insufficiency may be requested by the petitioner.
D. County staff shall review the application and may consult with other County
Departments or agencies as it deems necessary to evaluate the proposed amendment and
shall prepare a report with a recommendation.
E. The Public Hearings schedule and State Agency review time frames will be
those as established by Section 163.3184, Florida Statutes, "Process for adoption of
comprehensive plan or plan amendment.", or Section 163.3187, Florida Statute, "Process
for adoption of small-scale comprehensive plan amendment," as amended from time-to-
time. Adoption of an amendment to the Growth Management Plan must be by Ordinance
and shall require four affirmative votes of the Board of County Commissioners.
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12/9/2014 16.A.18.
5. This Resolution supersedes and repeals Resolution 97-431, as amended by
Resolution 98-18, relating to prior Growth Management Plan Amendment procedures.
THIS RESOLUTION ADOPTED after motion, second and majority vote
favoring same, this 13th day of November, 2012.
ATTEST:, ' . BOARD OF COUNTY COMMISSIONERS
DWIGHT E: lRO , CLERK COLLIER COUNTY, FLORIDA
B9k/t1.12124_,,,y: . . SA a/ By: C
Dopu er FRED W. COYLE, CHAI' •
Attest It to C1it;r`soo
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Ap:;ove to form and legal sufficiency:
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