Agenda 09/24/2013 Item # 9B 9/24/2013 9.B.
EXECUTIVE SUMMARY
Recommendation to (1) adopt an Ordinance of the Board of County Commissioners of Collier
County, Florida, amending Ordinance No. 04-41, as amended, the Collier County Land
Development Code, which includes the comprehensive land regulations for the unicorporated Area
of Collier County, Florida, by providing for: Section One, Adoption of Amendments to the Land
Development Code, more specifically amending Chapter Eight - Decision-Making and
Administrative Bodies, by Adding Section 8.10.00 Hearing Examiner; Chapter Ten - Application,
Review, and Decision-Making Procedures, Inlcuding Section 10.02.03 Submittal Requirements for
Site Development Plans; Section Two, Conflict and Severability; Section Three; Inclusion in the
Collier County Land Development Code; and Section Four, Effective Date; (2) to direct staff to
amend the LDC in the next LDC amendment cycle to reflect the new Hearing Examiner process
and identify that petitions designated for the Office of the Hearing Examiner may be heard by the
Hearing Examiner or Planning Commission and/or the Board,as necessary; (3) to approve Table 1,
Actions to be heard by the Office of the Hearing Examiner; (4) to adopt a Resolution amending
Resolution No. 2013-153, the Collier County Growth Management Planning and Regulation Fee
Schedule to add fees for new processes; and (5) to approve all necessary budget amendments
required for CityView software updates. (Note: This is a companion item to Agenda Item 9A)
OBJECTIVE: To obtain Board of County Commissioners (Board) approval of (1) proposed
Land Development Code (LDC) amendments in order to bring the Office of the Hearing
Examiner to fruition. The first amendment, LDC section 8.10.00 Hearing Examiner, provides an
umbrella provision within the LDC to establish the Hearing Examiner's role as a final decision
maker for specified land use petitions. The second LDC amendment follows direction provided
by the Board in January 2013 to establish a new land use application for redevelopment projects.
The amendment to LDC section 10.02.03 allows for an applicant to request deviations to a site
plan for a redevelopment project. The deviations are reviewed by the Office of the Hearing
Examiner.
Second, to direct staff to amend the LDC in the next LDC amendment cycle to reflect the new
Hearing Examiner process and identify that petitions designated for the Office of the Hearing
Examiner may be heard by the Hearing Examiner or Planning Commission and/or the Board, as
necessary; (3) to approve Table 1, Actions to be heard by the Office of the Hearing Examiner;
(4) to amend the Collier County Growth Management Planning and Regulation Fee Schedule to
add fees for new processes related to the Office of the Hearing Examiner; and (5) to approve all
necessary budget amendments required for CityView software updates.
CONSIDERATIONS:
LDC section 8.10.00 Hearing Examiner
LDC Section 8.10.00 establishes that the basic requirements necessary to implement the Office
of the Hearing Examiner as a final decision maker within the LDC. The proposed amendment
identifies the powers of the Hearing Examiner and the ability of the Hearing Examiner to also
serve as a member of the Planning Commission.
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9/24/2013 9.B.
The provision acknowledges that the powers of the Hearing Examiner originate from Ordinance
No. 2013-25, as may be amended. The provision also enumerates that the Hearing Examiner may
sit as a member of the Planning Commission, as long as the Planning Commission serves in an
advisory capacity to the Board. The provision is designed to supersede the existing LDC
language and to alleviate the temporary procedural conflicts in the review and approval process
for land use petitions currently codified in the LDC.
Following the adoption of the proposed amendment, Staff seeks to amend the full LDC to reflect
that final decisions for petitions designated for the Office of the Hearing Examiner may be heard
by the Hearing Examiner or Planning Commission and/or the Board.
LDC Section 10.02.03 Site Plan with Deviations for Redevelopment
In 2012, the Growth Management Division identified a need for a new land use petition to
address conflicts and constraints associated with redevelopment projects in the County.
Following a review of land development codes in Florida, County Staff proposed adapting the
City of Naples' site plan with deviations application and process to accommodate redevelopment
in the County. The City of Naples' site plan with deviations was implemented in 2008 and since
that time numerous projects have been successfully reviewed and approved within the City.
On January 22, 2013, Item 16.A.12, the Board approved the preparation of the site plan with
deviations for redevelopment petition based on, in part, the City of Naples' site plan with
deviations. The amendment to LDC section 10.02.03 will allow for a redevelopment project to
seek dimensional deviations(excluding height), architectural deviations, and deviations from site
features, such as but not limited to, landscaping, parking, and buffers, from the standards
established in the LDC when the existing buildings, structures, or site features have become
nonconforming.
A site plan with deviations may be requested for the redevelopment of a site when the project
meets the criteria for a site development plan, site development plan amendment, or a site
improvement plan. Except for the requested deviations, the site development plan or site
improvement plan shall comply with the LDC. For the purposes of the petition, "redevelopment"
shall mean the renovation, restoration, or remodeling of a building or structure, or required
infrastructure, in whole or in part, where the existing buildings, structures or infrastructure were
legally built and installed. It is important to note that the requested deviations must be justified
and must be the minimum requested to achieve the goals of the project. Additionally, project
enhancements, such as landscaping, will also be considered in the determination of approval of
the requested deviations.
The site plan with deviations for redevelopment petition will be reviewed by County Review
Staff. Review Staff will prepare a memorandum of recommendation for approval, approval with
conditions, or denial of the requested deviations, based on the justification provided by the
applicant, for the Hearing Examiner's consideration. The deviations are to be reviewed and
approved by the Office of the Hearing Examiner through a quasi-judicial process. Following
approval of the deviations, the site plan may be approved by the Planning and Zoning
Department. It is foreseeable that the Hearing Examiner process will provide both a public forum
for review and offer a timely decision for the applicant.
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Currently, the LDC allows for several forms of relief from the standards, with justification,
including: architectural deviations, exemptions from parking requirements, and landscaping
alternatives. However, these forms of relief are not applied holistically, but rather with multiple
applications. As Collier County continues to redevelop, especially in the urbanized area, a land
use petition that addresses all development standards at once will provide for an efficient and
economically viable redevelopment review and approval process.
Public Vetting
The proposed LDC amendments were vetted by the Development Services Advisory Committee
- Land Development Review (DSAC-LDR) subcommittee. The meetings were attended by
members of the development community, including members of the Collier Building Industry
Association, local land use planning and engineering consultants, and the Conservancy of
Southwest Florida. On Wednesday, July 31, 2013, the subcommittee provided a list of specific
recommendations, many to be addressed in a future LDC cycle, and a general recommendation
of approval. The subcommittee presented its recommendations to DSAC on Wednesday,
September 4, 2013. At the meeting, DSAC provided approval of the subcommittee's
recommendations and granted a unanimous vote of approval of the Administrative Code and
corresponding LDC amendments.
Following the review by DSAC-LDR, the LDC amendments were presented to the Collier
County Planning Commission. On August 15, 2013 the Planning Commission reviewed and
discussed the proposed materials. At the public hearing, the Planning Commission included a
provision within LDC section 8.10.00 to allow for a member of the Board to request that a
conditional use petition be reviewed by the Planning Commission and a final decision provided
by the Board. The Planning Commission provided a 6-0 vote, with 1 abstention, for all materials
relating to the Office of the Hearing Examiner. For all other materials, the Planning Commission
provided a unanimous vote of 7-0.
Actions by the Hearing Examiner
Table 1 identifies the actions which are proposed, as provided by Ordinance No. 2013-25, to be
heard by the Office of the Hearing Examiner. Chapter 9 of the Administrative Code, which
outlines the procedures for the Hearing Examiner, reiterated the actions identified below. The
actions are those which are new or were previously reviewed and approved by the Planning
Commission or by the Board of Zoning Appeals.
Table 1.Actions to be heard by the Office of the Hearing Examiner
1. Administrative Type III Appeals
2. Alcohol Distance Waiver
3. Appeal of an Official Interpretation of the LDC -
4. Automobile Service Station Waiver
5. Boat Dock Facility Extension and related requests
6. Minor Conditional Uses
7. Minor Conditional Use Re-Review
8. Minor Conditional Use Extension
9.Non-Conforming Use Change/Non-conforming Use Alteration
10. Parking Exemption with a Public Hearing
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11. Post Take Plan, if a hearing is required
12. Planned Unit Development(PUD)Extension
13. Planned Unit Development(PUD)Insubstantial Change
14. Planned Unit Development(PUD)Minor Change to Remove Affordable Housing
Contribution, if a hearing is required
15. Sign Variance
16. Site Plan with Deviations for Redevelopment Projects(new)
17. Variance
18. Zoning Verification Letter—Planned Unit Development(PUD)Comparable Use
Determination (new)
To implement the new petitions, it is proposed the Collier County Growth Management Planning
and Regulation Fee Schedule is amended to reflect the fees related to the new processes heard by
the Office of the Hearing Examiner.
FISCAL IMPACT: Future LDC amendments will be required to update the respective LDC
sections to reflect the Hearing Examiner as a final decision maker. This will include staff time
and legal advertising costs of approximately $5,000.
The proposed site plan with deviations for redevelopment process will require software
modifications to the CityView system. These modifications are expected to cost approximately
$10,000 and preformed by CityView (Harris Computer Systems). Funding for these software
changes is not included in FY 14 budget so a budget amendment appropriating $10,000 from
Community Development Fund (113) reserves is required. The reserve funds will be moved into
Fund (113) cost center 138900.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative
vote of four is needed for Board approval of the LDC amendment. The other requested actions
require a majority vote of the Board.—HFAC
GROWTH MANAGEMENT IMPACT: The decision of the Board will have no effect on the
Growth Management Plan.
RECOMMENDATION: That the Board (1) adopts the attached Ordinance which proposes
LDC amendments to sections 8.10.00 and 10.02.03 F; (2) directs staff to amend the LDC in the
next LDC amendment cycle to reflect the new Hearing Examiner process and identify that
petitions designated for the Office of the Hearing Examiner may be heard by the Hearing
Examiner or Planning Commission and/or the Board, as necessary; (3) approves Table 1, Actions
to be heard by the Office of the Hearing Examiner; (4) adopts the attached Resolution amending
the Fee Schedule, Resolution No. 2013-53; and (5) approves all necessary budget amendments
required for CityView software updates.
Prepared by: Caroline Cilek, Senior Planner, Operations and Regulatory Management.
Attachments: The following materials can be found on the Collier County website,
Administrative Code webpage: http://www.colliergov.net/index.aspx?pane=3545
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1. The proposed LDC amendment for site plan with deviations for redevelopment 10.02.03.
F (available in binder)
2. The proposed LDC amendment 8.10.00 (available in binder)
3. The proposed Ordinance for LDC amendments 8.10.00 and 10.02.03. F.
4. The proposed Resolution for the Fee Schedule.
5. The proposed Revised Fee Schedule
A binder was distributed to all Board members on Thursday, September 12, 2013. The binder
contains the materials noted above.
Please note all materials have been included in SIRE as back up, however, due to the size of the
documents, not all documents were printed.
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9/24/2013 9.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.9.B.
Item Summary: Recommendation to (1) adopt an Ordinance of the Board of County
Commissioners of Collier County, Florida, amending Ordinance No. 04-41, as amended,the
Collier County Land Development Code, which includes the comprehensive land regulations for
the unicorporated Area of Collier County, Florida, by providing for: Section One, Adoption of
Amendments to the Land Development Code, more specifically amending Chapter Eight-
Decision-Making and Administrative Bodies, by Adding Section 8.10.00 Hearing Examiner;
Chapter Ten -Application, Review, and Decision-Making Procedures, Inlcuding Section 10.02.03
Submittal Requirements for Site Development Plans; Section Two, Conflict and Severability;
Section Three; Inclusion in the Collier County Land Development Code; and Section Four,
Effective Date; (2)to direct staff to amend the LDC in the next LDC amendment cycle to reflect
the new Hearing Examiner process and identify that petitions designated for the Office of the
Hearing Examiner may be heard by the Hearing Examiner or Planning Commission and/or the
Board, as necessary; (3) to approve Table 1, Actions to be heard by the Office of the Hearing
Examiner; (4) to adopt a Resolution amending Resolution No. 2013-153, the Collier County
Growth Management Planning and Regulation Fee Schedule to add fees for new processes; and
(5) to approve all necessary budget amendments required for CityView software updates.
(Note:This is a companion item to Agenda Item 9A)
Meeting Date: 9/24/2013
Prepared By
Name: CilekCaroline
Title: Sr. Planner, Operations and Regulatory Management
8/29/2013 11:24:48 AM
Submitted by
Title: Sr. Planner, Operations and Regulatory Management
Name: CilekCaroline
8/29/2013 11:24:50 AM
Approved By
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9/24/2013 9.B.
Name: BosiMichael
Title: Manager-Planning,Comprehensive Planning
Date: 9/5/2013 9:44:38 AM
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 9/9/2013 12:12:23 PM
Name: FrenchJames
Title: Director
Date: 9/9/2013 4:32:27 PM
Name: KovenskyKenneth
Title: Management/Budget Analyst, Senior,Operations&Regulatory Management
Date: 9/10/2013 2:37:36 PM
Name: AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 9/16/2013 12:24:02 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 9/16/2013 4:36:34 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/17/2013 4:53:46 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/17/2013 5:03:27 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/18/2013 10:23:40 AM
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9/24/2013 9.B.
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE
•
Notice Is hereby given that on Tuesday, September 24,3013, in the Board,of
County Commissioners Meeting Room, 3rd Floor, Budding "F," Collier County
Government Center, 3299 Tamiami_-Trail East, Naples;'Florida, 34t12, the Collier
County Board of County Commissioners will consider amendments to the Collier
County Land Development Code. The meeting will commence at 9:00 A.M. The
titles of the proposed ordinances are as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY,FLORIDA, AMENDING ORDINANCE NUMBER 04-41,AS AMENDED,THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
• - COMPREHENSIVE LAND 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:
CHAPTER 1-GENERAL PROVISIONS,INCLUDING SECTION 1.06.01 RESPONSIBILITY
FOR INTERPRETATIONS;CHAPTER TWO-ZONING DISTRICTS AND USES,INCLUDING
SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS,'SECTION 2.03.06 PLANNED
UNIT DEVELOPMENT DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION,
INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION
' 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND
PRESERVATION, SECTION 3.05.03 PROCEDURES, SECTION 3.05.07 PRESERVATION
STANDARDS,ADDING SECTION 3.08.00 ENVIRONMENTAL DATA REQUIREMENTS;
CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING
SECTION 4.03.01 GENERALLY,SECTION 4.03.03 EXEMPTIONS,SECTION 4.03.04 LOT
LINE ADJUSTMENTS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS,SECTION
4.07.02 DESIGN REQUIREMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS,
INCLUDING SECTION 5.03.06 DOCK FACILITIES,SECTION 5.04.01 TEMPORARY USE
PERMITS, SECTION 5.04.05 TEMPORARY EVENTS, ADDING SECTION 5.04.08 FILM
PERMIT,SECTION 5.05.01 BUSINESSES SERVING ALCOHOLIC BEVERAGES,SECTION
5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.08 ARCHITECTURAL AND •
Z SITE DESIGN STANDARDS,SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS
D WITHIN RESIDENTIAL DISTRICTS,SECTION 5.06.04 DEVELOPMENT STANDARDS FOR '
IT • SIGNS IN NONRESIDENTIAL DISTRICTS,SECTION 5.06.11 PERMIT APPLICATION AND
r REVIEW PROCESS; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND
m • ADEQUATE .PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02
In • EASEMENTS, ADDING SECTION 6.01.05 SOIL EROSION AND SEDIMENT CONTROL
PLAN,SECTION 6.02.01 GENERALLY,SECTION 6.02.03 TRANSPORTATION LEVEL OF
0 SERVICE REQUIREMENTS, SECTION 6.04.03 FIRE HYDRANTS, SECTION 6.05.01
D • STORMWATER MANAGEMENT SYSTEM REQUIREMENTS,SECTION 6.06.01 STREET
SYSTEM REQUIREMENTS,SECTION 6.06.02 SIDEWALKS,,BIKE LANE AND PATHWAY -
r—r REQUIREMENTS; -CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS,
INCLUDING SECTION 9.02.06 REQUIRED NOTICES FOR VESTED RIGHTS
Z DETERMINATION PROCESS, INCLUDING PUBLIC HEARINGS, SECTION 9.03.07
m:. NONCONFORMITIES CREATED OR INCREASED BY PUBLIC ACQUISITION,DELETING
SECTION 9.04.07 SPECIFIC REQUIREMENTS FOR WAIVER OF AUTOMOBILE SERVICE
STATION DISTANCE REQUIREMENTS;CHAPTER TEN-APPLICATION,REVIEW,AND
to DECISION-MAKING PROCEDURES; INCLUDING SECTION 10.01.02 DEVELOPMENT
ORDERS REQUIRED; SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL
rye APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE
DEVELOPMENT PLANS,SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS,
SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS,
ID SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07
CL SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY,
• SECTION 10.02.08 SUBMITTAL REQUIREMENTS FOR AMENDMENTS TO THE
C OFFICIAL ZONING AND LDC, SECTION 10.02.09 SUBMITTAL REQUIREMENTS FOR
In' TEXT AMENDMENTS TO THE LDC,SECTION 10.02.13 PLANNED UNIT DEVELOPMENT
0- (PUD)PROCEDURES,SECTION 10.02.15 MIXED USE PROJECT PROCEDURES WITHIN
01 THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 10.03.05
NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC,THE PLANNING
(I) COMMISSION, THE BOARD OF ZONING APPEALS,THE EAC, AND THE HISTORIC
(0 PRESERVATION BOARD,ADDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED
-: HEARINGS FOR LAND USE PETITIONS; SECTION 10.08.00 CONDITIONAL USES
•
CD PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,
--77 INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION
7-:fir.' SIX,EFFECTIVE DATE.
Q- .
TD=;;'i AND
-N AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF -COLLIER
COUNTY,FLORIDA, AMENDING ORDINANCE NUMBER 04-41,AS AMENDED,-THE -
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF
Ui COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING CHAPTER EIGHT-.DECISION-MAKING AND ADMINISTRATIVE BODIES,
•
N BY ADDING SECTION 8.10.00 HEARING EXAMINER;CHAPTER TEN-APPLICATION,
LII REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.03
SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS; SECTION TWO,
® CONFLICT AND SEVERABILITY; SECTION THREE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE;AND SECTION FOUR,EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of the proposed
ordinances are available for public inspection in the Zoning and Land Development '
Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples,
Florida,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday:
Furthermore, materials will be made available for inspection in the Office of the
- Clerk to the Board,one week prior to the scheduled hearing.
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.
•
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 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners'Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT'S',FLORIDA
' GEORGIA A.HILLER,ESQ,CHAIRWOMAN .
DWIGHT E.BROCK,CLERK - .
- By: Ann Jennejohn,Deputy Clerk -
(SEAL) _
September 2013 - No.19.9757
4Kr J"
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