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Agenda 02/26/2013 Item #14B12/26/2013 14.6.1. EXECUTIVE SUMMARY Recommendation to approve a Resolution to extend the Immokalee Interim LDC Deviation provisions to a specific date. OBJECTIVE: To obtain approval from the Collier County Board of County Commissioners to authorize, by Resolution, an extension of the Immokalee Interim LDC provisions for approximately two years to prevent the Immokalee Interim LDC provisions from sunsetting. CONSIDERATIONS: The Board of County Commissioners on June 8, 2010 approved an amendment to the LDC to allow an interim process for deviations from various existing LDC provisions for properties located within the Immokalee Urban Area. Section 2.03.07.G.f of the LDC provides that "These provisions are interim in nature and will be in effect until the earlier of either the effective date of the Comprehensive Immokalee Overlay LDC amendments or 24 months from June 11, 2010. An extension of these provisions may be granted by the BCC by Resolution if the BCC deems an extension is warranted." On May 22, 2012, the BCC approved Resolution No. 12 -88 which extended the interim land development regulations for Immokalee in Section 2.03.07.G.7 of the LDC until the next scheduled LDC cycle. The 2013 LDC cycle is projected to commence in the fall or winter of 2013. CRA staff is requesting an extension of the interim regulations until June 11, 2015. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney and is legally sufficient for Board action. A majority vote is needed for Board action. (HFAC) GROWTH MANAGEMENT IMPACT: The interim LDC provisions for Immokalee are consistent with the Goals, Objectives, and Policies (GOPs) of the Growth Management Plan (GMP). FISCAL AND OPERATIONAL IMPACT: Operational impacts have been minimal. The deviation process follows existing review and approval procedures already in place (such as the SDP or SDP amendment process). RECOMMENDATION: Recommend that the Collier County Board of County Commissioners approve a Resolution to extend the Immokalee Interim LDC provisions until June 11, 2015. PREPARED BY: Penny Phillippi, Executive Director Immokalee CRA Attachment: 1) Resolution Packet Page -754- 2/26/2013 14.B.1. COLLIER COUNTY Board of County Commissioners Item Number: 14.14.6.14.6.1. Item Summary: Recommendation to approve a Resolution to extend the Immokalee Interim LDC Deviation provisions to a specific date. Meeting Date: 2/26/2013 Prepared By Name: PhillippiPenny Title: Executive Director, Immokalee CRA, 1/8/2013 2:57:20 PM Approved By Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 1/30/2013 1:28:28 PM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 1/30/2013 4:51:58 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/31/2013 3:09:12 PM Name: MuckelBradley Title: Project Manager, Date: 2/5/2013 2:47:21 PM Name: MuckelBradley Title: Project Manager, Date: 2/8/2013 2:28:45 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 2/13/2013 9:17:21 AM Packet Page -755- Name: KlatzkowJeff Title: County Attorney Date: 2/15/2013 10:06:14 AM Name: OchsLeo Title: County Manager Date: 2/15/2013 11:53:52 AM Packet Page -756- 2/26/2013 14.6.1. 2/26/2013 14.B.1. RESOLUTION NO. 13- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE IMMOKALEE INTERIM LAND DEVELOPMENT REGULATIONS IN SECTION 2.03.07.G OF THE LAND DEVELOPMENT CODE. WHEREAS, on June 8, 2010, the Board of County Commissioners (BCC) approved Ordinance No. 2010 -23 which created Section 2.03.07.G.7 of the Land Development Code (LDC) establishing an interim process for deviations from various Land Development Code provisions for properties located within the Immokalee Urban Area; and WHEREAS, the Immokalee Local Redevelopment Advisory Board advocates the continuation of the Immokalee- specific land development regulations which are different from those applicable in Coastal Collier County; and WHEREAS, Section 2.03.07.G.f of the LDC provides that "These provisions are interim in nature and will be in effect until the earlier of either the effective date of the Comprehensive Immokalee Overlay LDC amendments or 24 months from June 11, 2010. An extension of these provisions may be granted by the BCC by Resolution if the BCC deems an extension is warranted." and WHEREAS, on May 22, 2012, the BCC approved Resolution No. 12 -88 which extended the interim land development regulations for Immokalee in Section 2.03.07.G.7 of the LDC until the next scheduled LDC cycle; and WHEREAS, the 2013 LDC cycle is projected to commence in the fall or winter of 2013; and WHEREAS, the Immokalee Local Redevelopment Advisory Board and staff to the Immokalee Community Redevelopment Area request that these provisions be extended to a specific date. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board hereby approves the extension of the interim land development regulations for Immokalee in Section 2.03.07.G.7 of the Land Development Code until June 11, 2015. This Resolution adopted after motion, second, and majority vote favoring same this _ day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk 1 of 2 Packet Page -757- GEORGIA A. HILLER, ESQ. Chairwoman Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney CP\] 2 -CRA- 00208 \6 Y, 2 of 2 Packet Page -758- 2/26/2013 14. B.1. RESOLUTION NO. 12- 88 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE IMMOKALEE INTERIM LAND DEVELOPMENT REGULATIONS IN SECTION 2.03.07.G OF THE LAND DEVELOPMENT CODE FOR AN ADDITIONAL TWO YEARS. WHEREAS, on June 8, 2010, the Board of County Commissioners (BCC) approved Ordinance No. 2010 -23 which created Section 2.03.07.G.7 of the Land Development Code (LDC) establishing an interim process for deviations from various Land Development Code provisions for properties located within the Immokalee Urban Area; and WHEREAS, the Immokalee Local Redevelopment Advisory Board advocates the continuation of the Immokalee- specific land development regulations which are different from those applicable in Coastal Collier County; and WHEREAS, Section 2.03.07.G.f of the LDC provides that "These provisions are interim in nature and will be in effect until the earlier of either the effective date of the Comprehensive Immokalee Overlay LDC amendments or 24 months from June 11, 2010. An extension of these provisions may be granted by the BCC by Resolution if the BCC deems an extension is warranted." and WHEREAS, the Immokalee Local Redevelopment Advisory Board and staff to the Immokalee Community Redevelopment Area request that these provisions be extended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board hereby approves the extension of the interim land development regulations for Immokalee in Section 2.03.07.G.7 of the Land Development Code until the next scheduled LDC cycle. This Resolution adopted after motion, second, and majority vote favoring same this Z2- n d day of May, 2012. ATTEST: DWIGHT E. BROCK, CLERK BY. _t Pow Rev_ 05/23/11" V BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA -% L . BY: `7� �0- - L,). Clerk FRED W. COYLE, Chai 1 of 2 Packet Page -759- Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney CP \12 -CRA- 00155 \7 2/26/2013 14.B.1. Rev. 05/23/12 2 of 2 Packet Page -760- 2/26/2013 14.B.1. May 22 -23, 2012 CHAIRMAN COYLE: its 14.B.3. Let's take that one first. MR. OCHS : You want to go into session as the CRA board? CHAIRMAN COYLE: Yes. COMMISSIONER HENNING: We should have did that this morning. (The Board is now in session as the CRA Board.) CRA CHAIRMAN FIALA: Okay, thank you. Penny, you're presenting? Item 414B3 RESOLUTION 2012 -88: EXTENDING THE IMMOKALEE INTERIM LDC DEVIATION PROCESS FOR AN ADDI TIONAL TWO YEARS -- ADOPTED MR. OCHS: Ma'am, this is 14.13.3, it's a recommendation to authorize a resolution to extend the Immokalee interim LDC deviation process for an additional two years. COMMISSIONER COLETTA: I make a motion to approve. COMMISSIONER COYLE: Second. CRA CHAIRMAN FIALA: I have a motion to approve and a second. Commissioner Henning? COMMISSIONER HENNING: The LDC -- it's actually the Immokalee LDRs, Land Development Regulations, they're written. There's no reason why we can't approve them. Jeff, from our discussion there's nothing stopping us from directing them to bring those forward for approval? Has to be in the LDC cycle. My understanding that Planning Commission is set to approve that. MR. KLATZKOW: Yeah, I don't know what -- hold on, I'm not sure what the hold -up's been, sir. COMMISSIONER HENNING: Well, it can't be the master plan Page 215 Packet Page -761- 2/26/2013 14.6.1. I May 22 -23, 2012 because it has -- MR. KLATZKOW: These were interim, and we're supposed to have a comprehensive Immokalee overlay LDC amendment. I don't know if we're waiting on the IMP or what. COMMISSIONER HENNING: We don't need to wait for the IMP. MR. KLATZKOW: Yeah, I don't know why we're waiting. MS. PHILLIPPI: Commissioners, Penny Phillippi for the record. This is the interim Land Development Code that was approved two years ago. It was in place until such a time as the full set of LDRs were written for Immokalee and allowed for certain deviations from landscaping and those kinds of things, various -- there's a list of the codes that allows you to deviate from. The permanent set of land development codes for Immokalee have been written but were predominantly based on the Immokalee Area Master Plan, as proposed, the amendment as proposed. So as we started looking at it, the Land -- the CCP -- the Planning Commission has not yet seen those. We pulled them out of the review process because if the Immokalee Area Master Plan isn't passed then that set of land development codes become like a skeleton because there's so many things that have to be pulled out of it. COMMISSIONER HENNING: Who's telling you this? MS. PHILLIPPI: Well, we know it by reading them and the reference back and forth to the amendment. COMMISSIONER HENNMG: Is this going to be a standalone ordinance? MS. PHILLIPPI: This one or the -- COMMISSIONER HENNING: The LDRs. The Immokalee LDRs. MS. PHILLIPPI: No, they'll simply be incorporated into the Collier LDRs. That's my understanding. MR. CASALANGUIDA: Your Land Development Code has an Page 216 Packet Page -762- 2/26/2013 14.B.1. May 22 -23, 2012 Immokalee area specific section. I think the intent was for the -- as the Immokalee Area Master Plan was adopted, that they would have that section of the Land Development Code be amended to reflect those. And you're correct, sir, you could either ask staff to bring these full adoption, or my recommendation is just to extend them and then wait to see what happens at the hearing. And then I think they'll have a combination, depending on what happens at the Immokalee Area Master Plan, of either incorporating these or incorporating these and some of the changes they want to include with or without the Immokalee Area Master Plan. Because I think they intended to have some separate LDRs referencing the Immokalee Master Plan. So for instance, let's say the IAMP does not get adopted. I think they're going to want to have these plus some other ones to be added to these. So that's why I say do this as an interim. And then depending on what happens with the Immokalee Area Master Plan add to these or revise the whole set that comes forward. COMMISSIONER HENNING: What I heard in the information, there was a video out of your last meeting is, you know, you plan on amending it again after we approve it. So there's no reason why we can't do the LDRs now. MR. CASALANGUIDA: Not the full set that they have built up. Those reference the TAMP. So I think they would have to do like a tweak to those to be consistent with whatever is current for their master plan. Again, I don't think they're at risk either way. I think if you extend them as interim and then the LAMP gets adopted, they'll come in with the full LDRs -- COMMISSIONER HENNING: Well, we don't need two years then, because that's going to come back -- MR. CASALANGUIDA: No, you could probably do it for 12 months and be fine. COMMISSIONER KENNING: Yeah, so -- I mean, the LDRs is Page 217 Packet Page -763- 2/26/2013 14.B.1. May 22 -23, 2012 i where the rubber meets the road. That's where they're going to be built. But if you have a staff member that just sits on something for two years, there's no benefit to the Immokalee people or future businesses. So, you know, extending it out two years, I don't think it's acceptable, because there's no guarantee it will come back after a decision is made about the Immokalee Area Master Plan. COMMISSIONER COLETTA: May I make a suggestion? I'll amend my motion to read one year, but it will come back for an update. in October. So by then we'll have put the Immokalee Master Plan to bed one way or the other or be proceeding on a new one. COMMISSIONER HENNING: How about the next Land Development Code cycle? COMMISSIONER COLETTA: When would that be? COMMISSIONER HENNING: That would be in the fall. COMMISSIONER COLETTA: What month? October? Or just say the Land Development Code cycle. And then whatever ones that are applicable we could bring back. Sure, why not. MS. PHILLIPPI: We do have a full set drafted currently based on those policies in the proposed Immokalee Area Master Plan so we would have to work on those. This interim code was used several times, for example, with Florida Specialties. They used this for deviations from their landscape requirements, 10 percent reduced. So it's been used by several businesses in Immokalee who were trying to COMMISSIONER COYLE: Okay, we're going to vote? COMMISSIONER COLETTA: Wait. No, the motion -- redoing it over just to try to make it work so it's going to flow it a little easier is that we'll bring it back at the first amendment cycle. COMMISSIONER HENNING: The fall amendment. MR. CASALANGUIDA: Next scheduled cycle. I don't have the scheduled date, but the next cycle. Page 218 Packet Page -764- 2/26/2013 14.B.1. May 22 -23, 2012 COMMISSIONER COLETTA: And whatever ones are applicable at the time and then we'll go from there. That's my motion. COMMISSIONER COYLE: I'll second. COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Aye. CRA CHAIRMAN FIALA: Aye. I didn't know we were calling for the vote. I'm sorry. COMMISSIONER HENNING: There was a lull there. I thought I'd get a -- CRA CHAIRMAN FIALA: Oh, I'm the Chair, I forgot. All those in favor, signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER COYLE: Aye. CRA CHAIRMAN FIALA: Aye. Opposed, like sign? (No response.) CRA CHAIRMAN FIALA: Very good. Thank you. That motion is carried. Next one? COMMISSIONER COLETTA: Would be number four. CRA CHAIRMAN FIALA: And number four? COMMISSIONER COLETTA: No, excuse me, that's the Gateway Triangle. And I might even be able to stay for most of these. But I just wanted to make sure I got through the Immokalee ones. MR. OCHS: Sir, you have two more that are Immokalee- related under the CRAs -- COMMISSIONER HENNING: Two? MR. OCHS : -- 14.B.2 and then you had an add -on item from your change sheet today. COMMISSIONER COLETTA: Right. Number two. Page 219 Packet Page -765-