Agenda 06/28/2011 Item #10D
6/2812011 Item 10.0.
EXECUTIVE SUMMARY
To provide the Board of County Commissioners (BCe) with an update of the draft Administrative
Code.
OBJECTIVE: To provide the BCC with an update by County Staff of the draft Administrative
Code.
CONSIDERATIONS: County Staff was given direction to continue work on an Administrative
Code at the June 22, 2010 meeting of the BCe. Due to staff changes, work on the Code was
delayed until February of this year. The Collier County Land Development Code (LDC)
implements the goals, objectives and policies in the County's Growth Management Plan. The
LDC combines all of the County's land development-related regulations into a single document.
Currently, the LDC includes both processes for obtaining land development-related approvals, as
well as the regulations governing land development.
The proposed Administrative Code will descrihe only the processes for obtaining land
development approval. It is being \vritten in a user-friendly fonnat, with an organizational style
and writing format that should be easily understandable hy all readers including the general
public, applicants and County permitting staff. The Administrative Code will address elements
such as: when a permit is required; how to submit an application; if a puhlic hearing is required;
what rights the permit grants; and other elements concerning the processes that are currently in
the LDC. The Administrative Code will not address substantive regulatory issues. If a person
wants to know the setbacks for a building in the C-5 zoning district, he or she would consult the
LDe. If a person wants to know how to submit an application for a Site Development Plan in the
C-5 zoning district, he or she would refer to the Administrative Code.
The principal advantage of the Administrative Code is that it creates a "user's manual" written in
plain-English. Customers will have a single reference point to find out how to obtain a permit or
other development order. Another advantage is that the Administrative Code will be adopted by
resolution, not ordinance. This will make it easicr to change a pC1111it process (not the regulation
itself).
For example, if the BCC wishes to change the density permitted in a specific zoning district, it
must amend the LDC through advertised public hearings of the Environmental Advisory
Council, the Planning Commission and the BCe. However, if the BCC wishes to change the
process of submitting a rezone application from a paper submittal to an electronic submittal, it
can advertise and hold a public hearing before the BCC and approve a resolution.
Upon approval of the Administrative Code. the "processes" in the LDC will be removed
simultaneously so there is no duplication.
An update and overview of the Administrative Code was presented to the Planning Commission
on May 5, 201 I (Staff Report attached).
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6/28/2011 Item 10.0.
FISCAL IMP ACT: There is an existing contract for the County's consultant, White and Smith.
Staff review time and public hearings will have additional fiscal impacts; however, they have
been budgeted.
GROWTH MANAGEMENT IMP ACT: The GMP does not address an Administrative Code.
LEGAL CONSIDERATIONS: This item is legally sufficient. No Board action is requested.
HFAC
RECOMMENDATION: This Executive Summary and presentation are informational. No
action by the BCC is required; therefore, County Staff has no recommendation.
PREPARED BY: Fred Reischl, AICP, Senior Planner, Growth Management Division -
Planning & Regulation
Attachment: I) Staff Report
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6/28/2011 Item 10.0.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.D.
Item Summary: To provide the Board of County Commissioners (BCC) with an update of
the draft Administrative Code. (Fred Reischl, Senior Planner, Growth Management
Division/Planning & Regulation)
Meeting Date: 6/28/2011
Prepared By
Name: ReischlFred
Title: VALUE MISSING
6/2/2011 3:35:50 PM
Approved By
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 6/2/2011 6:46:21 PM
Name: Puig.1udy
Title: Operations Analyst, CDES
Date: 6/3/2011 12: 16:09 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services. Comprehensive
Date: 6/4/2011 ] 2:22:20 PM
Name: FederNonnan
Title: Administrator - Growth Management Div,TranspOltati
Date: 6/6/2011 10:55:44 AM
Name: AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 6/6/20 II 11:4 J :09 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/6/20 11 3:07:28 PM
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6/28/2011 Item 10.0.
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/7/201] 1 :33:] 3 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/20/2011 ] 0:00:02 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/20/2011 10:23:24 AM
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6/28/2011 Item 10.0.
Co~r County
~"""",.-- -
STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
OPERATIONS & REGULATORY MANAGEMENT DEPAR1MENT
GROWTII MANAGEMENT DIVISION--PLANNING & REGULATION
HEARING DATE: MAY 5, 201 I
FROM:
SUBJECT:
DRAFT ADMINISTRATIVE CODE
PROPERTY OWNER & APPLICANT/AGENT:
Board directed.
REOUESTED ACTION:
County Staff was given direction by the Board of County Commissioners at their June 22,2010
regular meeting, to continue work on an Administrative Code.
This presentation is an overview, intended to familiarize the Planning Commission with the
purpose and intent of the proposed Administrative Code. A workshop and a public hearing will
be scheduled for future CCPC meetings.
GEOGRAPHIC LOCATION:
The Administrative Code is intended to apply to all unincorporated areas of Co1Iier County.
PURPOSEfDESCRIPTION OF PROJECT:
The Collier County Land Development Code (LDC) combines the County's zoning, subdivision
and related land development regulations into a single document. The LDC is the principal
regulatory tool for implementing the County's Growth Management Plan.
Currently, the LDC includes both the processes for obtaining land development-related
approvals as well as the regulations governing land development.
The proposed Administrative Code will describe the processes for obtaining land development
approval. It is being written in a user-friendly format, with an organizational style and writing
Administrative Code Informational Meeting
May 5, 2011 CCPC
Revised: 03f30t11
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6/28/2011 Item 10.0.
format that should be easily understandable by readers including the general public, applicants
and County permitting staff.
SURROlTh'DING LAND USE AND ZONING:
Not Applicable.
GROWTH MANAGEMENT PLAN !GMP) CONSISTENCY:
The Collier County GMP is silent on an Administrative Code.
ANALYSIS:
The proposed Administrative Code will describe the processes for obtaining land development
approval. It is being written in a user-friendly format, with an organizational style and writing
format that is easily understandable by readers including the general public, applicants and
County permitting staff.
Each section of the Administrative Code will address the following elements of the permitting
process:
When is the procedure required?
Who is eligible to file an application?
How do I file an application?
What information is included v..ith the application?
Are fees required?
How does the County determine whether the application is sufficient?
Do I need to meet with County staff?
What kind of notice is required?
Is a public hearing required?
How are public hearings nm?
Who makes the decision?
How is the application reviewed?
What are the criteria for approval?
How soon is the decision made?
What happens after the application is approved?
What rights does the permitJdevelopment order give me?
What happens if the permit is denied?
If the permit is denied, may I reapply?
How is the permitJdevelopment order recorded?
How is the permitJdevelopment order monitored?
As you can see from the questions above, the Administrative Code will not address substantive
questions such as: "what are the setbacks for a single-family house?" or "what is the maximwn
slope for the bank of a stormwater pond?" These non-process regulations will remain in the
LOC.
Administrative Code Informational Meeting
May 5. 2011 CCPC
Revised: 03/30/11
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6/28/2011 Item 10.0.
Upon approval of the Administrative Code, the "processes" in the LDC will be removed
simultaneously so there is no duplication.
What are the advantages of having an Administrative Code and an LDC versus an LDC alone?
The principal advantages of a stand-alone "user's manual" is that it will be written in plain-
English and that it will be able to be amended more easily. The LDC and all LDC Amendments
are enacted by ordinance. Besides advertising, the ordinance approval process includes public
hearings before the Architectural and Historic Review Board (if applicable), the Environmental
Advisory Council CEAC) [if applicable], the Planning Commission (CCPC) and the Board of
County Commissioners (BCC). This is an appropriate vetting process for substantive regulations
such as building setbacks and lake side-slopes.
The Administrative Code is proposed to be adopted by resolution; therefore, an amendment to
one of the Administrative Code's processes would also be advertised but would have only one
public hearing: before the Board of County Commissioners. This may be a more appropriate
vetting process for a procedural, non-substantive change.
An example of an amendment to the LDC (Ordinance 04-41) is as follows:
A citizen proposes the following change to Section 3.06.1 O.A of the LDC "Domestic
wastewater treatment plant outfall, as regulated under the Florida Administrative Code,
shall discharge not less than g)G 450 feet from an approved, but not yet constructed,
potable water intake." This proposed change would be discussed at public hearings with
public input before the EAC, CCPC, and BCC.
An example of an amendment to the Administrative Code would be as follows:
A citizen proposes the following change to the Administrative Code in Chapter 4, Site
Development Plans, Application Contents, "a site development plan shall also be
digitally created on I or more CDROM disks. flash drive. or other generallv accessible
form of electronic media." This proposed change - which affects only the type of
electronic media on which the plans are delivered to the County - would be advertised
and could be approved, with public input, at one meeting of the BCC.
NEIGHBORHOOD INFORMATION MEETING (NIM):
Since the proposed Administrative Code would apply County-wide, a meeting in a specific
neighborhood is not anticipated. However, public input will be welcome at any phase of the
project, including workshops and public hearings.
COUNTY ATTOAA"EY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for this petition.
RECOMMENDATION:
Tills presentation is informational only. No action by the Planning Commission is required at this
time; therefore, County Staffhas no recommendation.
Administrative Code Informational Meeting
May 5. 2011 eepe
Revised: 03/30/11
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6/28/2011 Item 10.0.
PREPARED BY:
t- ( :3 - / (
FRED , AICP, SENIOR PLANNER DATE
DEPART ENT OF OPERATIONS & REGULATORY MANAGEMENT
APPROVED BY:
~-iJ-11
DATE
Administrative Code Informational Meeting
May 5, 2011 eepe
Revised: 03130111
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