Agenda 06/14/2011 Item #17E
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6/14/2011 Item 17.E.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve an amendment to Ordinance
Number 09~22, the Planned Unit Development (PUD) time limits and time limit e:liension
requirements as found in Section lO.02.13.D ofthe Collier County Land Development Code (LDC).
OBJECTIVE: To have the Board of County Commissioners (BCC) amend Ordinance Number
09~22 as noted above,
CONSIDERA TIONS: In response to a severe downturn in the local and national economy, the
BCC approved an ordinance during their April 12, 2009 meeting, that tolled the time lirriits
related to the development time frames and sunsetting criteria, as defined in Section 10.02.13.D
of the Land Development Code (LDC) for all active PUDs in the unincorporated area of Collier
County for a period of two years to May 12,2011.
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It should be noted that Ordinance Number 09-22 contained a provision for the BCC to consider
an extension of the two year tolling time period if the economic conditions warranted an
extension. Since the development activity in Collier County is still being constrained by the
current economic conditions, staff is recommending that the BCC extend the tolling timeframe
from May 12,2011 to May 12,2012. The tolling ofPUDs for an additional year does not extend
the time limits for those PUDs that have already sunsetted. Although the initial Ordinance
provided a two-year tolling period, the consensus of staff is that only one year is necessary at this
time. The BCC would still be able to re~evaluate this recommendation in May of2012.
This proposed amendment was approved by the Board for advertising during its May 24, 2011
regular meeting (Agenda Item 16A13).
FISCAL IMP ACT: Eliminating or delaying the need to apply for an extension or for a PUD
amendment will benefit to the property owner/developer as it defers the applicable fees for either
a PUD Extension or a PUD Amendment.
GROWTH MANAGEMENT IMPACT: Delaying the requirement for a PUD extension or
anlendment to a PUD may delay the need to update the respective PUD documents to comply
with recent changes to the Growth Management Plan (GMP) and/or LDC.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. A majority
vote is needed for Board approval.-HF AC
RECOMMENDATION: That the BCC approve an amendment to Ordinance Number 09-22 to
extend the state of local economic emergency; tolling to May 12, 2012 the Planned Unit
Development (PUD) time limits and time limit extension requirements as found in Section
10.02.13.D of the Collier County Land Development Code (LDC).
PREPARED BY: Raymond V. Bellows, Planning Manager, Zoning Services Section
Department of Zoning & Land Development Review
Attachments: A) Ordinance Number: 09-22 B) Ordinance Amendment
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6/14/2011 Item 17.E.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.E.
Item Summary: Recommendation that the Board of County Commissioners approve an
amendment to Ordinance Number 09-22, the Planned Unit Development (PUD) time limits and
time limit extension requirements as found in Section 10.02.13.D of the Collier County Land
Development Code (LOC).
Meeting Date: 6/14/2011
Prepared By
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
5/20/2011 11 :43:03 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 5/20/20113:12:40 PM
Name: LorenzWiIliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 5/23/2011 9:52:11 AM
Name: AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 5/23/2011 3:11:03 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 5/24/2011 7:31:15 AM
Name: MarcellaJealme
Title: Executive Secretary,Transportation Planning
Date: 5/24/2011 8:19:27 AM
Name: KlatzkowJeff
Title: County Attorney,
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6/14/2Q11 Item 17.E.
. Date: 5/25/2011 2:17:38 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/6/2011 9:34:54 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/6/2011 9:54:25 AM
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6/14/2011 Item 17.E.
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f ~~~'::"-' ~ ORDINANCE NO. 2009__22
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~ ',~,' ,': " RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
~ "'~~:~~:', C LIER COUNTY, FLOlRID~ DECLARING A STATE OF LOCAL
~o, . ';~{:-,. ~', .,,~ ONOMIe EMERGENCY; TOLLING TO MAY 12, 2011 THE
,6el9S'V~ LANNED UNIT DEVELOPMENT TIME LIMIT AND TIME LIMIT
EXTENSION REQUIREMENTS AS FOUND IN SECTION 10.02.13.D OF
THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the United States of America, the State of Florida and Collier County are
presently experiencing an economic downturn not experienced in the last 30-40 years; and
WHEREAS, individual citizens and families living in the 'United States, Florida and
Collier County are experiencing negative effects from this economic downturn; and
WHEREAS, because of sigmificant revenue decreases at the State and local levels, jobs
are being lost, homes are being foreclosed, and services are being cut; and
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WHEREAS, Collier County is currently experiencing a dramatic and devastating decline
in ~e residential and commercial development markets that adversely impact the entire local
economy; and
WHEREAS, Section 10.02.13.D of the Collier County Land Development Code provides
for Planned Unit Development time limit and time limit extension requirements. The local
economic emergency has created a situation that is making it impractical, if not impossible, for
developers of Planned Unit Developments to complete their projects within the time limits
established prior to this period of local emergency. Collier County currently has a very large
number of homes that have been, approved for development but have not been built and are not
anticipated to be built during the period of the local economic emergency; and r.:~ ~:
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WHEREAS, tolling of the Planned Unit Development time limit and time ~. ext~ion, ~ ..:
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is necessary to relieve conditions resulting from the local economic emergency; and:"':,
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6/14/2011 Item 17.E.
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. WHEREAS, because of this emergency, the Board wishes to toll the Planned Unit
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OJvelopment time limit and time limit extension provisions without going through the process of
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~ending the Land Development Code as set forth in Sections 10.02.08.C and 10.02.09 of the
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Lapd Development Code.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
CfMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Short Title and Recital5.
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I This Ordinance shall be known as the Collier County' Local Economic Emergency
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O~dinance, and the
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O~dinance.
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SECTION TWO:
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above findings and recitals are hereby adopted by reference intq this
Declaration of Local Economic Emergency.
The Collier County Board of County Commissioners. convened in regular session,
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htteby declares and ordains that a local economic emergency exists within Collier County,
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Flhrida, requiring immediate measures to address the emergency before irreversible harm is done
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to !the economic well being of the citizens of the County. This Ordinance is adopted after public
hLng pursuant to, and in accordance with, Section 125.66(2), Florida Statutes.
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SECTION THREE: Tolling orLand Development Code Section lO.02.13.D.
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I Section 10.02.13.D of the Collier County Land Development Code provides for Planned
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U~t Development time limit and time limit extension requirements. These time limit and time
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lupit extension requirements are hereby tolled to May 12, 2011 for Planned Unit Developments
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w~ch have not sunsetted prior ~o the effective date of this Ordinance. Prior to May 12, 2011, the
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Board of County Commissioners will determine if the declaration of Local Economic Emergency
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shbuld be ended.
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6/14/2011 Item 17.E.
SECTION FOUR: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE:
Inclusion liD the Code or Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of CoUier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION SIX:
Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~ day of Mat
,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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DO A FIALA, Chairman
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6/14/2011 Item 17.E.
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STATE OF FLORIDA)
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pOUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
iTwentieth Judicial Circuit, Collier County, Florid~, do
!hereby certify that the foregoing is a true and correct
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icopy of:
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: ORDINANCE 2009-22
Which was adopted by the Board of County Commissioners
on the 12th day of May, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
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County Commissioners of Collier county, Florida, this 13th
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of May, 2009.
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DWIGHT E. BROCK '
Clerk of Courts an~~Cle~k
Ex-officio to Bo~~d of~0~
County co~~'sio~=S., , .....(;,
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By, Teres' po:a';~,. ::.,:
Deputy Clerk
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6/14/2011 Item 17.E.
ORDINANCE NO. 2011-_
AN, ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2009-22,
EXTENDING THE STATE OF LOCAL ECONOMIC EMERGENCY;
TOLLING TO MAY 12, 2012 THE PLANNED UNIT DEVELOPMENT
TIME LIMIT AND TIME LIMIT EXTENSION REQUIREMENTS AS
FOUND IN SECTION 10.02.13.D OF THE LAND' DEVELOPMENT
CODE; PROVIDING FOR CONFLICT AND' SEVERABILITY; AND
PROvrpING AN EFFECTIVE DATE.
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WHEREAS, 'on May 12, 2009, the Board of County Commissioners adopted Ordinance
No. 2009-22, the Collier County Local Economic Emergency Ordinance which declared a local
economic emergency'requiring immediate measures to be taken to adpress the emergency such
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as the tolling of the Planned Unit Development time limit and time limit eA1:ension provisions in
Land Development Code Section 10.02.13.D.; and
WHEREAS, the Board of County Commissioners finds that the period of local economic
emergency continues and desires to extend the tolling of the Planned Unit Development time
limit and time limit extension provisions in Land Development Code Section 10.02.13.b.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNIT
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendment to Section Three of Ordinance No. 2009-22, Tolling of
Land Development Code Section 10.02.13.D.
Section Three of Ordinance 2009-22 is hereby amended as follows:
Section 10.02.13.D of the Collier Colinty Land Development Code provides for Planned
Unit Development time limit and. time limit extension requirements. These time limit and time
limit extension requirements are hereby tolled to May 12, 2011 May 12. 2012 for Planned Unit
Developments which have not sunsetted prior to the effective date of this Ordinance. Prior to
May 12; 2011 May 12, 2012, the Board of County Commissioners will determine if the
declaration of Local Economic Emergency should be ended.
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Words struck through are deleted; words underlined are added.
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6/14/2011 Item 17.E.
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SECTION TWO: ,Conflict and Severability.
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Inithe ~ventthis Ordin~ce co~cts with'any other or~an~e of Callier County orother
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app1icabl~ law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
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invalid o~ unconstitutional by any court of~mpetentjurisdicti9n,' suchpomon shali be deemed-a
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separate, ~istinct, and independent provision and such holding shall not affect the validity of the.,
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remainin$ portion.
SECTIO~ THREE:
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Inclusion in the Code of Laws and Ordinances.
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The provisions 'of this Ordinance shall bedome and be'made a part of the Code of Laws
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and Ordi#ances of Collier County, Florida. The sections of the oidinance may be renumbered or
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relettere9 to accamplishsuc.h, and the'word "ordinance'~ may be ,changed to '''section'', "article",
or any other appropriate word.,
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SECTld~ FptJR:
Effective Dat~.
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ts ~dinance shall become effective upon filing with the Dep~ent.ofState.
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P~SSED AND DULY ADC?PTEP b)' the Board of County Commissioners of Collier
County,F1orida, this _ day of i 2011. ,
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ATTES1i:
DWIGHt E. BROCK, CLERK
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BOARD OF COUNTY COMMISSIONERS'
C.OLLIER ~OPNTY, FLORIDA
By:,
, Deputy Clerk
By:
': .l"RED w,. COy!--E" C~an '
Approved,~ to form,
and leg~ suffidency:
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Heidi AJ!hton-Cicko ,
Assistant County Attomey . .
Section thief, Land Use/Transportation
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Words stnwls thro~ 'are 'deleted; words unde~lined are add~d.
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6/14/2011 Item 17.E.
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1W'irfri~~y,~M:y?6tf8~:t(~is)l';UY Ne';;;;~~~'
~::::~:;-~~~:~~:~:~~~~f::~~'.;i:.:!:#.~~-SEi?f~::~~i{ie~EE:2:'Co~=::~;::;i:S;;?:::=
,NOTICE OF INTENT To' CONSIDER ORDINA~CE
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Notice is hereby given that on Tuesday, June 14, 2011, in the Boardroom, 3rd floor; ','
Administration Building, Collier County, Government Center; 3299 East Tamiaml '
Trail, Naples, Florida, the Board of County Commissioners will consider the. enact- .
ment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of ..
the proposed Orcfinanc~ is as follows:, , " :: ' ' " '
AN ORDINANCE OF- THE' BOARD OF COUNTY COMMISSIO:NERSOF COLL~ER ,COUN~
TV, FLORIDA, ,AMENDING ORDINANCE NO. 2009-22" EXTENDING THE STATE 'OF, LO.
, ,CAL ECONOMIC EMERGENCY; TOLLING TO MAY 12; 2012 THE PLANNED, UNIT DE-'
'VELOPMENT TIME LlMI'I' AND TIME L1MIT'EXrENSION REQUIREMENTS: AS 'FOUND IN
SECTION 10.02.13.D OF THE LAND DEVELOPMENT WOE; PROVIDING, FOR 'CONFLICT
AND SEVERABILITY; :AND PROVIDING AN e,FFECTlVE D,AW' .. ~ :', ..",' '. ,,' :, ,..' 0.
copie~:cif ,the .propo~ed6rdinarice' are on fi'le witi/th~' derk-:tbi:the\~~;i-fa-:'ii'hri!f~:i',
available for:inspectio~. All intereste~,parti,e5 a.r,e,i,~li.it.eclt.oattencl,~:n9,b'~,..~e~rd,.' ,'::' .
NOTE: All pers~ns wishing ,to speak o~ imy a~enda :item'~,~u5t regj~~'r with the
County administrator prior to presentation of th~ agenda item, .to ,be addressed.
Individual speakers,will be limited to 3 minutes,' on any'.item.: The"selection of ' an in-
dividual to speak on behalf of an organization or group is encouraged. If recog-
. nized, by the' ~nairman, ,!.spokesperson fo,r a group or organization, may be allotted
,'10minu~estospeakonaniteri'1.' ' - ...':' ':, " ,
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PerSons wishing to have written 'or' graphicrmiterials inCluded in the. Board ,agenda
packets must submit said material a minimum of 3 weE:ks 'prior,to the:respj!ctive.
public;hearing, In any case, written materials. intel),ded, to. be 'considered:'by the
Board shall,. be submitted to the appropriate County Staff a' minimum of seven days
prior ,to;.the. public hearing. All ,material used in 'presentations before the Board
w~U become~ ,perm~n'ent part qf the rec~rd.~ ',':';.:', : ,;'.'.,:' :"::, ::: ;: .:::, '.' '. .'.
Any: pers'cin.:wt1o d~ddes to, 'appeal a decisi~I,l' of. ttieB~ard'will need iti~cord' of the
proceedin'gs pe,rtaining thereto and therefore, may.need to' ensure that a ver:batim
record"of the :proceedings is made;..which record 'iflclLides th~ testimony and, evi.'
"~,~nce'upP,~~,i!:~~~},pp~alls:ba.s.~d., ".,:.. ,..'><",:~",' ,..',. '.:.- : ' " :', ,,;
Ifyci~', ar('a:p~rsoh with 'a'.'cF$abilitywlio needs' a'ny 'accorr.miJdation:'fn:, ottlerto pa'ro
.. ti,clp!lte,in J:his'.proceeding,yol.!'are entithidr' at,'no. cost'to' YOl;), ,to, the:prpvlsion of '
',.cer.tiliri..assistarice.: ,Please contact the "Collier, ,County Facilities Mariagement 'Depart"
:ment;locat:ed.'at 3335' J;uniarili Trail 'Easti'Suite #101; Building'\N,-Naples, Florida '
.,' 34'11;2,'(239) -252'-838,0., Assis'~ed listening devices ,for, the hei!~ing: imp:aired.are, avail-"
: :~b!e i,~thec;?un.!y., CCl~miss!one[s' Offic~. .. " '. i ~"
, :~gt~rRoto~0~N;JL~~~I,~SIONER5 :.,. <~:,r :V~(
:, FRED'COYl..E..CHAIRMAN..,',
'.'DWIGHT E, BROCK"CLERK,
, .By:' Martha Vergara;beputy Clerk
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