Resolution 2018-072 RESOLUTION NO. 2018 -72
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING THE
ADMINISTRATIVE CODE FOR LAND DEVELOPMENT, WHICH
WAS CREATED BY ORDINANCE NO. 2013-57, BY AMENDING
CHAPTER TWO, LEGISLATIVE PROCEDURES, MORE
SPECIFICALLY TO AMEND SECTION B, LAND DEVELOPMENT
CODE AMENDMENT — PRIVATELY INITIATED TEXT
AMENDMENTS, TO MODIFY APPLICATION PROCEDURES FOR
PRIVATELY INITIATED LAND DEVELOPMENT CODE
AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners ("Board") adopted Ordinance No.
2004-66 on October 12, 2004, which created an Administrative Code for Collier County; and
WHEREAS, the Board subsequently amended Ordinance No. 2004-66 through the
adoption of Ordinance No. 2013-57 on September 24, 2013; and
WHEREAS, Ordinance No. 2013-57 provides for the adoption of Exhibit "B," the
Administrative Code for Land Development, which shall be maintained by the County Manager
or designee; and
WHEREAS, Ordinance No. 2013-57 also provides that amendments required to maintain
the Administrative Code shall be made by resolution adopted by the Board; and
WHEREAS, the Board desires to revise the Administrative Code for Land Development,
to amend application requirements for privately initiated Land Development Code amendments
in order to clarify existing application procedures, and to add a new requirement for a pre-
application, for privately initiated Land Development Code amendment applications, as
described in Exhibit"A," attached hereto.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Administrative Code for
Land Development, which was created by Ordinance No. 2013-57, is hereby amended as follows:
SECTION ONE: AMENDMENT OF CHAPTER TWO—LEGISLATIVE PROCEDURES
Section B, entitled "Land Development Code Amendment — Privately Initiated Text
Amendments", of Exhibit "B," Administrative Code for Land Development, is hereby amended
as set forth in Exhibit A, attached hereto and incorporated herein by reference.
[18-LDS-00049/1398364/1] 4/20/18
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SECTION TWO: EFFECTIVE DATE
This Resolution shall become effective on the date of adoption by the Board.
THIS RESOLUTION ADOPTED by majority vote thisa''� clay of r-, ( , 2018.
ATTEST: BOARD OF CO " TY COMMISSIONERS
DWIGHT;E. BROCK, CLERK COLLIER C• . T ; FLORID
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By ��x. ±);
<1..0 . By: •
DeputyA DY SOLIS, CHAIRMAN
Attest as too s
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Approved as to form and legality:
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Scot �L1 A. Stone
Assistant County Attorney
Attachments: Exhibit A – Chapter 2, Section B, "Land Development Code Amendment
Privately Initiated Text Amendments"
[18-LDS-00049/1398364/1] 4/20/18 tO
Text underlined is new text to be added
Exhibit A
Bold text indicates a defined term
Collier County Land Development Code I Administrative Procedures Manual
Chapter 2 I Legislative Procedures
B. Privately Initiated Land Development Code Amendments - Privately
Reference LDC section 10.02.09, LDC Public Notice subsection 10.03.06 A and K, F.S.§163.3202,
and F.S. § 125.66.
Ga See LDC section 10.03.06 for County Initiated Text LDC Amendments.
Applicability Privately initiated Aamendments that supplement,change, or repeal the text of the LDC.
Pre-Application A pre-application meeting is-net required.
Initiation The applicant files an "Application for Amendment to the Land Development Code,"with
the Planning&Zoning Division.
Application The application must include the following information:
Contents 1. Applicant Contact Information.
2. Completed LDC Amendment Request form.
3. Pre-application meeting notes.
4. LDC amendment request document,including the following.
• The applicant's name;
• The name of the author of the LDC text amendment;
• All LDC sections to be modified by the amendment;
• A written statement briefly describing the change requested;
• A written statement describing the justification for the amendment and any
other relevant information about the change requested;
• A written statement describing any potential fiscal or operational impacts
associated with the amendment;
• A written statement addressing the amendment's consistency with the
Growth Management Plan;
• Changes to the LDC shall be identified in a strikethrough/underline format.
Strikethrough language represents removal and underlined language
represents new language.-;and
•' All cross references to the section in the LDC shall be checked and amended
if necessary.
5. Electronic copies of all documents.
Completeness and The Growth Management Division Department will review the application for
Processing of completeness. After submission of the completed application packet accompanied with
Application the required fee,the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed.Accompanying that response will be a
receipt for the payment and the tracking number(i.e.,XXX201200000)assigned to the
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Exhibit A
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 2 Legislative Procedures
petition.This petition tracking number should be noted on all future correspondence
regarding the petition.
Notice Notification requirements are as follows. C=>See Chapter 8 of the Administrative Code for
Requirements#e+ additional notice information.
1. Newspaper Advertisements:The legal advertisement shall be published at least 15
days before each advertised public hearing in a newspaper of general circulation.
The advertisement shall include at a minimum:
of change the list
• The title of the proposed ordinance or resolution;
sem • Date,time,and location of the hearing;and
prohibited uses
withinzoning • Places(s)within the county where the proposed ordinance may be
category inspected by the public:;and
• LDC amendments that change the zoning map designation of 10 acres or
more of land or change the permitted,conditional,or prohibited uses
within a zoning category shall include a 2 in.x 3 in.map of the project
location.
�s��+,n�ra��,.. • 2 in.x 3 in. map of the project location of which amends the-Zen-Mg-Atlas
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Public Hearings fec For LDC amendments that change the zoning map designation of less than 10 acres of
•-%. ! - land or do not change the list of permitted, conditional,or prohibited uses within a
zoning district:
. 1. The EAC shall hold at least one advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 one advertised public hearing.
, �• • 3. , The KA BCC shall hold at least one advertised public hearing.
For LDC amendments that change the zoning map designation of 10 acres or more of
land,or change the list of permitted, conditional, or prohibited uses within a zoning
district:
1. The EAC shall hold at least one advertised public hearing, if required.
2. The Planning Commission shall hold at least one advertised public hearing.
• The Planning Commission may elect by a majority decision to hear the
ordinance or resolution at two advertised public hearings. If there is only
one advertised public hearing,the hearing shall be held after 5:00 p.m. on a
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Text underlined is new text to be added
Exhibit A Text strikethrough is current text to be deleted
Bold text indicates a defined term
Collier County Land Development Code I Administrative Procedures Manual
Chapter 2 I Legislative Procedures
weekday,and if there are two advertised hearings,then at least one of the
advertised public hearings shall be held after 5:00 p.m.on a weekday.
3. The BCC shall hold at least two advertised public hearings.
• At least one advertised public hearing shall be held after 5:00 p.m.on a
weekday, unless the BCC by a majority vote plus one vote elects to conduct
that hearing at another time of day.
1. The EAC shall hold at least 1 advertised public hearing,if required.
} 2. The Planning Commission shall have at least 1 advertised public hearing.The
Planning Commission may elect by a majority decision to hear such ordinance or
,,, ,�,„ +,- ,;,� resolution at 2 advertised public herin - - - •- • - --
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hearing,the hearing shall be held after 5:00 p.m.on a weekday,and if there arc 2
advertised hearings,then at least 1 of the advertised public hearings shall be held
after 5:00 p.m.on a weekday.
6ategeraf hearing shall be held after 5:00 p.m.on a weekday,unlez the BCC by a majority
vote plus 1 vote elects to conduct that hearing at another time of day.
Decision maker The BCC,following the recommendations from both the EAC, if required,and the
Planning Commission.
Review Process . -- . _ . _ . - _ - -- •- .The Planning
&Zoning Division will review the application and identify whether additional materials
are needed.Staff will prepare a Staff Report and provide a recommendation to the
following advisory boards and:the BCC:
• The DSAC reviews the amendment application in a public meeting and
makes a recommendation to the BCC.
• The EAC reviews the amendment application if the proposed change
includes an environmental component in accordance with Collier County
Code of Laws section 2-1193.The EAC makes a recommendation to the
BCC.
•' The Planning Commission reviews the application for consistency with the
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GMP and makes a recommendation to the BCC.
The BCC shall review the application and the recommendations by the advisory boards.
The BCC may approve, approve with revisions,or deny the proposed ordinance or
resolution.
Effective Date Per F.S. § 125.66,the ordinance must be filed with the Florida Department of State,
Tallahassee, FL within 10 days of signing by the Chairman of the Board.The effective
date is the date it is filed with the State, unless a date is specified in the ordinance.
Updated [Resolution 2018-XX]
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