Loading...
Agenda 06/22/2010 Item #10D Agenda Item No, 10D June 22, 2010 Page 1 of 22 EXECUTIVE SUMMARY Recommendation to the Board of County Commissioners to authorize the proposed schedule for the adoption of the Collier County Administrative Code while concurrently limiting amendments to the Land Development Code until the adoption of the Administrative Code is completed consistent with Option 3 listed below. OBJECTIVE: To receive the Board of County Commissioner's (Board) endorsement to continue work on the Administrative Code under the proposed format pursuant to a contract awarded to White & Smith, LLC Planning and Law Group and to present several options with respect to adoption and future amendment of the Administrative Code and Land Development Code. CONSIDERATION: The staff held LDC workshops with the Board of County Commissioners during 2002-2004 which resulted in the identi1ication of key areas of the Land Development Code in need of substantial re-write. Specifically areas such as non-conformities, mobile home replacements, landscape buffering requirements, official interpretations and accessory structure development standards were discussed with the Board. Over time, as the community has changed and largely due to "piece-meal" amendments, these specific areas of the Land Development Code, and others, have proven difficult and confusing to apply both to staff and the public. It was planned that following the re-organization of the structure of the Land Development Code which was completed in the Fall of2004, sections of the Land Development Code would be evaluated and re-written, and the Administrative Code would be established. Due to lack of staffing and a significant nwnber of Land Development Code Amendment Cycles in 2005-2006, this project was not pursued until the Fall of2006. A contract was awarded in late 2007 to the White & Smith Law Group from the Kansas City area of Missouri. Work on the project has been continuous since 2007 however shifting priorities and lack of adequate staffing has dictated that staff slows the pro!,'1'ession of work on the items specified in the contract. To date, the focus of thc consultant's work has been the establishment of the Administrative Code which is largely a transfer of Chapter 10 of the LDC, into a user friendly fonnat, along with the transfer of other minor sections to the Administrative Code and the Code of Laws and Ordinances. The intent was to produce a document that culled the processes and procedures from the development standards in thc LDC into a single document of that was both user friendly and could be amended quickly (versus the current 8-12 month process to amend the LDC). The consultant has produccd the initial draft and staff has been assigned to review this draft for accuracy. Staff has provided an example of the fonnat as backup to this executive summary. The format selected resulted in a documcnt that is 400 pages (single-sided) in volume, largely due to the user-friendly style which rcsulted in large amounts of "white space" between sections. Staff is proposing a phased adoption process whereby the first phase will consist of the transfer of the material from the LDC to the Administrative Code. Second and subsequent phases would include review of the actual text of the then established Administrative Code along with a review Aqenda Item No, 10D ~ June 22, 2010 Page 2 of 22 of provisions of the LDC and Code of Laws and Ordinances for possible amendment. The second and subsequent phases would likely involve a "focus" group of interested stakeholders and members of the public, but that decision can be made after the transfer of the material (first phase). Staff will present an overview of a conceptual timeline of events when they present this item to the Board. The staffs recommendation below endorses this phased approach however the Board could consider the following options: I. Complete the staff review and adopt the Administrative Code by the end of 2010. A minimum 1.5 FTE's (from the Growth Management Division) which are solely dedicated to this project along with immediate assistancc from the County Attorney's office would be needed to adopt the Administrative Code within the projected time frame. 2. Form a task force to conduct a limited LDC review concurrently with the staff review of the Administrative Code and make amendments to both once the reviews were completed. Assuming a 10-12 month process, any LDC amendmcnts and the Administrative Code would likely be made in the summer of 2011 if at lcast one additional FTE (for a total of 2.5 from Growth Management) was made available, otherwise the time frame would likely be extended to the end of2011. 3. Fonn a task force to conduct a limited LDC review sequentially (after the adoption of the Administrative Code). The Administrative Code would be adopted by year's end and then the task force would be established to review the LDC. Assuming a 10-12 month process, amendments to the LDC would occur in late 2011. At a minimum 1.5 FTE's from Growth Management would be requircd to complete these tasks within the projected time frame. The time frames associated with these options are all predicated on the availability of Growth Management and County Attorney staff to complete the review and conduct the hearings. Any shifting of priorities or loss of staff for this project will make the timefi'ames impossible to meet. At a minimum 1.5 FTE's from Growth Management working full time on this project (any option) will have to be sustained in order to meet the time frames suggested. FISCAL IMPACT: The original contract was for $147,972. The contract and the funding have been rolled over each year as work has continued. The current balance is approximately $64,595.85 representing a cost to date for the consultant of $83,376.15. The remainder of the work to check the document and bring it through the adoption phase is largely now the responsibility of staff so further contract costs for this phase of the project should be minimal assuming the consultant is not required to attend additional meetings for adoption or other purposes. 1.5 FTE's range in cost from approximately $90,000 to $120,000 annually. GROWTH MANAGEMENT PLAN IMPACT: Approval of these options will not affect the Growth Management Plan. It is anticipated that any re-write of the Land Development Code which results in a document that is more easily understood and applied will have a substantial positive impact on the Growth Management Division's ability to effectively and expeditiously process and manage land use and building pennit applications and business functions and will result in fewer errors by the statT and the users of the Land Development Code. 2 Agenda Item No, 10D June 22, 2010 Page 3 of 22 LEGAL CONSIDERATIONS: The County Attorney will work with staff to implement Board direction. This request is legally sufficient for the Board of County Commissioners consideration. JK DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC): The staff brought forward a portion of the draft document for discussion purposes with DSAC. The DSAC is supportive of the format as presented and is supportive of a phased approach to the adoption of the Administrative Code, specifically they would like to h'ansfer the information from the LDC into the Administrative Code as the first phase and then in second and subsequent phases evaluate and possibly amend the content of the then established Administrative Code along with various provisions of the LDC COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATIONS: The staff will be making a presentation similar to the one given at DSAC at the CCPC's June 17, 2010 meeting. Staff will verbally present the Planning Commission's recommendations to the Board of County Commissioners. RECOMMENDATION: Staff recommends option number 3 which is to adopt the Administrative Code first, then subsequently form a task force and examine the regulations in the Administrative Code and/or the LDC StafT recommcnds that during the review and adoption of the Administrative Code, no concurrent amendments to the LDC amendments are permitted until the Administrative Code is adopted. Staff also recommends the f0TI11at that is shown on the attached exhibits and as endorsed by DSAC PREPARED BY: Susan M. lstenes, AICP, Manager, Special Projects Attachments: I) Time line to date 2) Copy of Executive Sunullary recommending award of contract to White & Smith 3) Before scenario ofLDC language Conditional Use procedures 4) After scenario conversion of Conditional Cse to Administrative Code " Item Number: Item Summary: Meeting Date: Agenda Item No, 100 June 22, 2010 Page 4 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10D Recommendation to the Board of County Commissioners to authorize the proposed schedule for the adoption of the Collier County Administrative Code while concurrenfly limiting amendments to the Land Development Code until the adoption of the Administrative Code is completed, (Susan M, Istenes, AICP, Special Projects, County Manager's Office) 6/22/20109:00:00 AM Prepared By Susan Istenes, AICP Community Development & Environmental Services Director ~ Zoning & Land Development Date Zoning & Land Development Review 6/3/20102:46:14 PM Approved By Norm E. Feder. AICP Transportation Division Administrator - Transportation Date Transportation Administration 6/9/20103:13 PM Approved By Nick Casalanguida Transportation Division Director. Transportation Planning Date Transportation Planning 6/9/20104:01 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Date 6/10/20101:51 PM Approved By Heidi F. Ashton County Attorney Section Chief/Land Use. Transportation Date County Attorney 6/10/20104:42 PM Approved By OMS Coordinator County Manager's Office Date Office of Management & Budget 6/11/20109:35 AM Approved By Jeff Klatzkow County Attorney Date Approved By 6114/20109:11 AM Leo E. Ochs, Jr. County Managers Office County Manager Date County Managers Office 6/16/20101 :35 PM Agenda Item No, 100 June 22, 2010 Page 5 of 22 Review of Land Development Code Project Timeline, White & Smith, LLC Date Event / Deliverable September 14, 2007 Agreement executed November 14, 2007 Initial County Project Manager (PM) initiates contact and introduces project November 29,2007 Notice to proceed transmitted by PM February 12-1S, 2008 Initiai meetings with County staff & officials March - April, 2008 Nonconformity outline and draft ordinances prepared for adoption July 7-8, 2008 Meetings with County staff, Planning Commission chair, DSAC chair, DSAC, Planning Commission July 28, 2008 Review and comment on take plan ordinance September S, 2008 PM directs consultant to proceed with Administrative Code and hold off meetings until November-December October 18, 2008 Consultant transmits Administrative Code outline to PM November 10 & 28, PM transmits initial comments to Administrative Code outiine 2008 March 11, 2009 Initiai conference call on Administrative Code outline March 2009 Consultant transmits draft (work in progress) Administrative Code to PM May 1, 2009 Consultant transmits legal memo re Administrative Code May 12, 2009 Consultant executes Renewal of Contract March - December, Consultant reviews and revises draft Administrative Code per periodic 2009 conference cails with County staff January 7,2010 County informs Consultant that PM was laid off, new County PM appointed to oversee Administrative Code (Susan Istenes) January - February, Consultant transmits revised Administrative Code drafts and discusses with 2010 PM (iatest complete draft transmitted Feb. 12) March 5, 2010 Consuitant executes change order Agenda Item NO.1 OD June 22, 2010 Page 6 of 22 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners award Contract # 07-4105 to White & Smith, LLC, Planning and Law Group in the amount of $147,972 in order to update and re-write portions ofthe Collier County Land Development Code (LDC). OBJECTIVE: To receive the Board of County Commissioner's approval to award a contract to White & Smith, LLC Planning and Law Group to work with staff to update and re-write identified sections of the Land Development Code. The contract amount of $147,972 would be funded from previously Board approved and budgeted capital funding within CDES, specifically the Zoning Department. CONSIDERA nON: The staff held LDC workshops with the Board of County Commissioners during 2002-2004 which resulted in the identification of key areas of the Land Development Code in need of substantial re-write. Specifically areas such as non-conformities, mobile home replacement, landscape buffering requirements, official interpretations and accessory structure development standards were discussed with the BCe. Over time, as the community has changed and largely due to "piece-meal" amendments, these specific areas of the Land Development Code, and others, have proven difficult and confusing to apply both to staff and the public. It was planned that following the re-organization of the structure of the Land Development Code which was completed in the Fall of 2004, sections of the Land Development Code would be evaluated and re-written, and the Administrative Code would be established. Due to lack of staffing and a significant number of Land Development Code Amendment Cycles in 2005-2006, this project was not pursued until Fall, 2006. In accordance with Purchasing Policy, a Request for Proposal (RFP) was issued and publicly advertised on January 26, 2007. Notices were sent to 180 firms and responses were received from five firms by the due date of February 20, 2007. A Selection Committee meeting was held on March 28, 2007, and after review, scoring and discussion of each firm's qualifications, the selection committee determined that the White & Smith team was most qualified and offered the best combination of experience and cost effectiveness for the comprehensive update of the Collier County Land Development Code. Negotiations with the firm were successful, and a contract has been accepted by the firm. Full funding for this project remains in place from the FY 06/07 budget year. It is expected that the existing funding may not cover the entire scope of the project however the plan is to complete as much of the project as we can using the allocated funds. We would like to then evaluate the success of the project and the working relationship with the consultant with plans to request additional funding in the future depending on staffing levels and the initial successes with this project. Initially, the consultant will meet with assigned working group to discuss and prioritize the sections of the LDC which have been identitIed as needing revisions/amendments and/or are otherwise problematic as was discussed with the BCC. The consultant will also conduct a technical review of the LDC to identify weaknesses; fragmented and inconsistent language; irrelevant and incorrect cross-references; and redundant and contradictory policies and practices. The consultant will take the information provided by staff and along with his/her evaluation will Agenda Item NO.1 OD June 22, 2010 Page 7 of 22 prepare proposed amendments to the section(s) referenced above along with any additional changes the consultant recommends. These proposed changes will come forward during a Land Development Code cycle for review by the Development Services Advisory Committee, the Environmental Advisory Committee, the Collier County Planning Commission and then for review and approval by the Board of County Commissioners at a duly advertised public hearing. The consultant will also research the following with respect to any proposed changes: 1. Whether or not the proposed changes cause an internal conflict with other existing provisions of the LDC or Code of Laws and Ordinances or the Growth Management Plan. 2. Whether or not the proposcd changes conflict with any Federal, State or local laws. FISCAL IMPACT: Sufficient funds are contained within the FY 08 tentative Zoning Fund (131) budget to award this contract. GROWTH MANAGEMENT IMPACT: Approval of this contract will not affect the Growth Management Plan. It is anticipated that any re-write of the Land Development Code which results in a document that is more easily understood and applied will have a substantial positive impact on CDES's ability to effectively and expeditiously process and manage land use and building permit applications and business functions and will result in fewer errors by the staff and the users of the Land Development Code. LEGAL CONSIDERATIONS: This request 1S legally sufficient for the Board of County Commissioners consideration and approvaL RECOMMENDATION: That the Collier County Board of County Commissioner's approve the award of a contract to White & Smith, LLC, Planning and Law Group and authorize the Chairman to sign the contract following review by the Office of the County Attorney. PREPARED BY: Susan M. Istenes, AICP, Director, Zoning and Land Development Review Agenda item NO.1 OD June 22, 2010 Page 8 of 22 BEFORE Section 10.08.00 CONDITIONAL USES PROCEDURES CURRENT LCD TEXT Agenda Item No, 10D June 22, 2010 Page 9 of 22 COLLIER COUNTY LAND DEVELOPMENT CODE 10.07.02 10.08.00 CONDITIONAL USES PROCEDURES A. General. A conditional use Is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the generai welfare. Such uses may be permissible in zoning district as a conditional use if specific provision for such conditional use is made in this zoning code. All petitions for conditional uses shall be considered first by the planning commission in the manner herein set out. Decisions regarding conditional uses shall be quasijudicial in nature. B. Written petition. A written petition for conditional use shall be submitted to the County Manager or his designee indicating the basis in this zoning code under which the conditional use is sought and stating the grounds upon which it is requested, with particular reference to the types of findings which the board of zoning appeals must make under section 10.08.00 D. beiow. The petition should include material necessary to demonstrate that the grant of conditional use wili be in harmony with the general intent and purpose of this zoning code, will be consistent with the growth management plan, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material shall include, but Is not limited to, the following, where applicabie: 1. Conceptual site development plans at an appropriate scale showing the proposed place- ment of structures on the property, provisions for ingress and egress, off-street parking and off-street ioading areas, refuse and service areas, and required yards and other open spaces. The conceptuai site development plan shall not be in lieu of, nor eliminate the need for, a site development plan under section 10.02.03, as applicable. 2. Plans showing proposed locations for utilities. 3. Plans for screening and buffering with reference as to type, dimensions, and character. 4. Proposed landscaping and provisions for trees protected by county regulations. 5. Proposed signs and lighting, including type, dimensions, and character. 6. Developments shall identify, protect, conserve, and appropriately use native vegetative communities and wildlife habitat Habitats and their boundaries shali be identified on a current aerial photograph of the property at a scale of at least one inch equals 400 feet. Habitat identification shall be consistent with the Fiorlda Department of Transportation Land Use Cover and Forms Classification System and shall be depicted on the aerial photograph. Information obtained by ground-truthing surveys shall take precedence over photographic evidence. 7. Where this zoning code places additional requirements on specific conditional uses, the petitioner shall demonstrate that such requirements are met Where the rezoning of land, as well as grant of conditional use, is requested simultaneously for the same parcel of land, both said petitions may be processed concurrentiy in accordance with the procedures set forth in section 10.02.08 and this section. C. Notice and public hearing. Notice and public hearing by the planning commission and the board of zoning appeais shall be as provided for under section 10.03.05 B., such that the provisions applicable LDC10:172 Agenda Item No, 10D June 22, 2010 Page 10 of 22 10.07.02 to the board of county commissioners shall apply to the board of zoning appeals All testimony given shall be under oath and the action by the planning commission and the board of zoning appeals shall be quasi-judicial in nature. Additionally, the requirements of section 10.02.05 E. must be met. APPliCATION, REVIEW, AND DECISION-MAKING PROCEDURES D. , Findings. Before any conditional use shall be recommended for approval to the board of zoning appeals, the planning commission shall make a finding that the granting of the conditional use will not adversely affect the pubiic Interest and that the specific requirements governing the Individual conditional use, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made conceming the following matters, where applicable: 1. Consistency with this Code and growth management plan. 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. 3. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. 4. Compatibility with adjacent properties and other property in the district. E. Conditions and safeguards. In recommending approval of any conditional use, the planning commission may also recommend appropriate conditions and safeguards in conformity with this zoning code. Violation of such conditions and safeguards, which are made a part of the terms under which the conditional use is granted, shall be deemed a violation of this zoning code. 1. Any conditional use shall expIre three years from the date of grant, if by that date the use for which the conditional use was granted has not been commenced. 2. Any conditional use shall expire one year following the discontinuance of the use for which the conditional use was granted unless the site was improved and/or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underiying zoning designation of the site. The board of zoning appeais may grant a maximum of one one-year extension of an approved conditional use upon written request of the petitioner. \' 4. Public facility dedication. The board of county commissioners may, as a condition of approval __ of the conditional use, require that suitable areas for streets, publiC rights-of-way, schools, , parks, and other public facilities be set aside, improved, and/or dedicated for public use. impact fees are levied for certain publiC facilities, the market value of the land set aside the public purpose shall be credited towards impact fees. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the approval of the conditional use, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the county attorney's office and the real property office within 90 days of the date of approval of the conditional use, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits ,resuitlng from said dedication. Failure to provide said appraisal within this time frame shall ',: authorize the county to determine the market value of the property. Impact fee credits shall \.;: ,only be effective after recordation of the document conveying the dedicated property to Coilier LDC10:173 ,lIgenda Item No, 10D June 22, 2010 Page 11 of 22 COLLIER COUNTY LAND DEVELOPMENT CODE 10.07.02 County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Govemment. Land set aside and/or to be Improved as committed as part of the conditional use approvai shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the board of county commissioners during the conditional use process. In any case, however, the county shali take title to set aside property, at the iatest, by a date certain established during, and conditioned on, the approval of the conditional use. The land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and Improvements, at the developer's sole expense, except as otherwise approved by the board. Failure to complete the dedication within the appropriate time frame noted above may resuit in a recommendation to the board of reconsideration of approved conditional use and may result in a vioiation of this code pursuant to section 8.08.00. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the resolution approving the conditional use. F. Denial. If the planning commission shall recommend denial of a conditional use, It shall state fuliy in Its record its reason for doing so. Such reasons shall take into account the factors stated in section 10.08.00 D. above or such of them as may be applicabie to the action of denial and the particular regulations relating to the specific conditional use requested, If any. G. Status of planning commission report and recommendations. The report and recommendations of the planning commission required above shall be advisory only and shall not be binding upon the board of zoning appeals. H. Board of zoning appeals action on planning commission report. Upon receipt of the planning commission's report and recommendations, the board of zoning appeals shall approve, by resolution, or deny a petition for a conditional use. The approval of a conditional use petition shall require four affirmative votes of said board, I. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat (formerly subdivision master plan) or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of division 3.3, site development plan approval, as applicable, and all other zoning requirements. J. Changes and amendments. The County Manager or his designee may approve minor changes in the location, siting, or height of buildings, structures. and improvements authorized by the conditional use. Additional uses or expansion of permitted uses not shown on the conceptual site development plan or otherwise specifically provided for In the conditional use application shall require submission, review and approval of a new conditional use application. LDC10:174 ~I Agenda Item No, 10D 'June 22, 2010 10.02.00 K. APPLICATION. REVIEW, AND DECISION-MAKING PROCEDURES 16.~~~6 2 Of 22 K. Conditional use application processing time. An application for a conditional use will be considered "open", when the determination of "sufficiency' has been made and the application is assigned a petition processing number. An application for a conditional use will be considered 'closed' when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the conditional use, for a period of six months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application 'closed" through inactivity shall be deemed withdrawn. The planning services department will notify the'applicant of closure by certified mail, return receipt requested; however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the request will be subject to the then current code. 1. Applicability. All applications for conditional use whether submitted before or after June 26, 2003, shall comply with the processing time procedures set forth in section 10.08.00 K. above. L. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat (formerly subdivision master plan) or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of section 10.02.03, site development plan approval, as applicable, and all other zoning requirements. (Ord. No. 05-27, ~ 3.CCC; Ord. No. 06-07, ~ 3.Y) .- ) 10.09.00 Variance Procedures A. Conditions and safeguards. In recommending approval of any variance, the planning commission may recommend appropriate conditions and safeguards in conformity with this zoning code including, but not limited to, reasonable time limits within which the action for which the variance is required shall be begun or completed, or both. In the case of after-the-fact variances, the planning commission may recommend, as a condition of approval, that in the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Code. B. Recommendation of denial. If the planning commission recommends denial of a variance, it shall state fully in its record Its reason for doing so. Such reasons shall take into account the factors stated in section 9.04.03 of this Code, or such of them as may be applicable to the action of denial and the particular regulations relating to the specific variance requested if any. C. Status of pianning commission report and recommendations. The report and recommendation of the planning commission required above shall be advisory only and shall not be binding upon the board of zoning appeais. ) D. Notice of board of zoning appeals public hearing. Upon completion of the public hearing before the planning commission, the petition shall be heard by the board of zoning appeals. Notice of public hearing shall be given at least 15 days in advance of the public hearing before the board of zoning Supp. No.3 LDC10:175 COLLIER COUNTY LAND DEVELOPMENT CODE Agenda Item NO.1 OD June 22, 2010 Page 13 of22 10.09.00 1.1. 10.09.00 D. appeals. The owner of the property for which the variance is sought, or his agent or attorney designated by him on his petition, shall be notified by mail. Notice of public hearing shall be advertised in a newspaper of general circulation in the county at least one time 15 days prior to the hearing. E. Board of zoning appeals public hearings. The public hearing shaU be held by the board of zoning appeals. Any party may appear in person by agent or attorney, or may submit written comments to the board of zoning appeais. F. Board of zoning appeals acllon. Upon consideration of the planning commission's report, findings and recommendations, and upon consideration of the standards and guidelines set forth in section 9.04.03 of this code, the board of zoning appeals shaU approve, by resolution, or deny a petition for a variance. G. Conditions and safeguards. In granting any variance, the board of zoning appeals may prescribe appropriate conditions and safeguards in conformity with this zoning code, including, but not limited to, reasonable time limits within which action for which the variance is required shaU be begun or compieted, or both. In the case of after-the-fact variances, the board may stipulate that in the case of destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shaU be deemed a vioiation of this zoning code. H. Limitations on power to grant variances. Under no circumstances shall the board of zoning appeals grant a variance to permit a use not permitted under the terms of this zoning code in the zoning district involved, or any use expressiy or by implication prohibited, by the terms of these regulations in the said zoning district. I. Variance application processing time. An application for a variance wiU be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a variance will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the variance, for a period of six months. An application deemed "closed" will not receive further processing and shaU be withdrawn and an application "closed" through inactivity shaU be deemed withdrawn. The planning services department will notify the applicant of closure, however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of aU application fees and granting of a determination of "sufficiency". Further review of the request wiil be subject to the then current code. 1. Applicability. Ail applications for a variance whether submitted before or after June 26, 2003, shall comply with the processing time procedures set forth in section I. above. (Ord. No. 05-27, S 3.DDD) Supp. No.3 LDC10:176 Agenda Item No, 100 June 22, 2010 Page 14 of 22 AFTER CONDITIONAL USES PROCEDURES DRAFT ADMINISTRATIVE CODE TEXT Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Administrative Procedures with Public Hearing-Conditional Use Agenda Item No, 10D June 22, 2010 Page 15 of 22 C. Conditional Use 14!& Purpose: a conditional use is a use that requires special conditians in order to ensure that it is compatible with other uses in the zoning district. Because they require special conditions, an administrative process is established to provide for public review and input, and the development of appropriate conditions. Reference LDC 10.08.00; F.S. I'j 163.3202 Conditional U$I'! Procedure Applicability Generally: A conditional use permit is required if the proposed use or development is designated as a conditional use in the applicable zoning district. Conditional uses for school or religious purposes. A use that was approved as part of a preliminary subdivision plat (formerly subdivision master plan) or a planned unit development for schools, religious or eleemosynary uses is exempt from this section. These uses must comply with LDC Division 3.3 (site development plan approval) as applicable, and all other zoning requirements. Eligible Applicants The Property Owner. Initiation The applicant files a written petition for conditional use approval files an "Application For Public Hearing For: Conditional Use" with the ZLDRZoning Department. The applicant has the burden of proof to establish that it complies with standards for approval. Therefore, the application must contain supporting materials and documentation that establishes the basis for approval, , I Inm'ition !.umdenc, Rw.;m\' PfC'"Applit~tion Mt:utine Notice Condition..l U~c Extension condltiomll Ust' Re-RellieVl Page I 52 Internal WI? Draft February 12, 2010 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Administrative Procedures with Public Hearing-Conditional Use Agenda Item No 100 June 22,2010 Page 16 of 22 with particular reference to the types of findings which the board of zoning appeals must make (see standards for approval, below). The petition must demonstrate that the proposed conditional use is harmonious with the general intent and purpose of the LDC, is consistent with the Growth Management Plan, is not injurious to the neighborhood or to adjoining properties, and is not otherwise detrimental to the public welfare. Application Contents The application must include, at a minimum, the following information: 1. Concept site development plans at an appropriate scale showing the proposed placement of structures on the property, provisions for ingress and egress, off-street parking and off-street loading areas, refuse and service areas, and required yards and other open spaces. The concept site development plan does not replace the site development plan (SOP) required by Chapter 7.1, below. The concept site development plan is a foundation for the SOP process that occurs after the conditional use is approved. 1.2. Plans showing proposed locations for utilities. 2.3. Plans for screening and buffering with reference as to type, dimensions, and character. 4. Proposed landscaping and provisions for trees protected by County regulations. 5. Proposed signs and lighting, including type, dimensions, and character. 3.6. Habitats and their boundaries identified on a current aerial photograph of the property at a scale of at least 1"=400'. Habitat identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System and shall be depicted on the aerial photograph. Information obtained by ground-truthing surveys shall take precedence over photographic evidence. 4.7. If the zoning district places additional requirements on the requested use, include documentary evidence that those requirements are met. ,.1 Page I 53 Internal WIP Draft February 12, 2010 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Administrative Procedures with Public Hearing-Canditianal Use Agenda Item No, 10D June 22, 2010 Page 17 of 22 CompletenessSufficiencV ZLDRZoning Department will review the application for Review completenesssufficiency. After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed response within ten (10) days notifying that the petition is being processed. Accompanying that response will be a receipt for your payment and the tracking number (e.g., CU-03-AR- 0001) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pre-Application The applicant must attend a pre-application meeting before submitting an application. Notice 1. Mailed notice to property owners in notification area and property owner. 15 days before the Planning Commission hearing Z. Publication - 15 days before each hearing 3. Sign (see format below) - 1S days before the Planning Commission hearing PUBLIC HEARING REQUESTING CONDITtONAL USE APPROVAL TO PERMiT: DATE: TIME: (Sufficiently clear to describe the project) THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FLORIDA, 34112 Public Hearing A public hearing is conducted by both the Planning Commission and the Board of Zoning Appeals. Decisionmaker The Board of Zoning Appeals, after a recommendation from the Planning Commission. Review Process 1. Application Status: a. An application for a conditional use is considered "open" when the determination of completenesssufficiency is been made and the application is assigned a petition processing number. b. An application for a conditional use is "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue Page I 54 internal WIP Draft February 12, 2010 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Administrative Procedures with Public Hearing-Conditional Use Agenda Item No, 10D June 22, 2010 Page 18 of 22 processing, or otherwise actively pursue the conditional use, for a period of 6 months. The County will not continue to process a "closed" application. The planning services department will notify the applicant of closure by certified mail, return receipt requested. However, failure to notify by the county shall not eliminate the "closed" status of a petition. c. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of completenesssufficiency. Further review of the request is subject to the then current code. 2. Scheduling. The ZLDRZoning Department will submit the application to the Planning Commission after it is deemed complete. The assigned planner will place the application on the Planning Commission's agenda. If the applicant also requests rezoning, the County may process both petitions concurrently. 3. Burden of Proof. The applicant has the burden of proof to establish that it complies with standards for approval. Therefore, the application must contain supporting materials and documentation that establishes the basis for approval, with particular reference to the types of findings that the Planning Commission and Board of Zoning Appeals must make (see Criteria, below). 3.4. Planning Commission Action. a. The Planning Commission will consider the application at a public hearing. b. The Planning Commission will recommend approval, conditional approval, or denial of the application. c. The Planning Commission will prepare a recommended decision that includes ifindfngsof fact and conclusions of JawJsMw91 for consideration by the Board of Zoning Appeals. The ZLDRZoning Deportment will submit these to the Board of Zoning Appeals as a recommendation. These findings are not binding on the Board of Zoning Appeals. J. 4.5. Board of Zoning Appeals Action on Planning Commission Page I 55 Internal WIP Draft February 12,2010 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Administrative Procedures with Public Hearing-Conditional Use .4qenda Item No 10D - June 22, 2010 Page 19 of 22 Report: a. After the Planning Commission submits its recommended decision, the Board of Zoning Appeals will consider the application at a public hearing. b. The Board of Zoning Appeals will approve, approve with conditions, or deny the application by resolution. c. The approval of a conditional use petition requires 4 affirmative votes. d. The Board of Zoning Appeals may choose to reopen the public hearing, to reopen the hearing to consider new evidence that was not available at the Planning Commission's hearing, or to make its decision solely on the Planning Commission's record. Criteria The Board of Zoning Appeals shall not approve a conditional use unless it finds that: 1. The use will not adversely affect the public interest; and 2. The application complies with all specific requirements that govern the requested use; and 3. application and that, further, satisfactory provision and arrangement has been made concerning the following matters, where applicable; and 4.3. The proposed use and development is consistent with this Code and growth management plan; and 5.4. The proposed development satisfactorily prOVides for ingress and egress to the property and proposed structures, with reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; and 6.5. The proposed use and development has adequately mitigated any effect it would have on neighboring properties in relation to noise, glare, economic or odor effects. 7.6. The proposed use and development is compatible with adjacent Page I 56 Internal WiP Draft February 12, 2010 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Administrative Procedures with Public Hearing-Conditional Use Agenda Item No 10D June 22, 2010 Page 20 of 22 properties and other property in the district. 8.7. The proposed use and development identifies, protects, conserves, and appropriately uses native vegetative communities and wildlife habitat. The Board of Zoning Appeals may attached conditions and safeguards, which may include the number, area, location, or relation to the neighborhood, or conditions that promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Timing There is no fixed time limit for rendering a conditional use permit decision. However, the Board of Zoning Appeals will render a decision within a reasonable period of time given the complexity of the evidence, its case load, and any other relevant considerations. Scope of Decision 1. Subsequent Approvals. A conditional use approval does not authori2e development. After the approval occurs, the applicant must prepare a final site development plan (SDP) as provided in Chapter 3.K. The SDP must be consistent with all conditions of the conditional use approval. 2. Expiration: a. A conditional use expires unless it is commenced within 3 years from the date it is approved. b. A conditional use expires 1 year after it is discontinued, unless the site is improved and/or structures are built for the approved conditional uses and improvements or structures cannot be converted to a use permitted by the underlying zoning designation of the site. c. The Board of Zoning Appeals may grant a maximum of one 1- year extension of an approved conditional use ifthe petitioner files a written request. 3. Changes and amendments. J. a. The ZLDRZoning Department may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Page I 57 Internai WIP Draft February 12, 2010 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Administrative Procedures with Public Hearing-Conditional Use Agenda item No, 10D June 22. 2010 Page 21 of 22 b. An additional use or any expansion of permitted uses not shown on the conceptual site development plan or otherwise specifically provided for In the resolution approving the conditional use requires the submission, review and approval of a new conditional use application. Improvement Plans. The Applicant must provide improvement plans as provided in the subdivision procedures (Chapter 9.C) (10.02.05 E). Reapplication There are no restrictions on reapplication for a conditional use approval. Recording The applicant must maintain a copy of the approved application on the premises. Monitoring 1. If the conditional use was approved with stipulations, the ~oard of Zoning ,Appeals will review the ConditionalUseto determine Whether the applicant ha~ met the conditions of approval or whether additional stipul&tionsare necessary. /sMw101The Board of Zoning Appeals will establish a date for reviewing the stipulations or conditions. The applicant must submit required documents addressing the stipulations no later than six (6) months prior to the date mandated by the Board of County Commissioners. ~f the Board of Zoning Appeals falls to set a date for review, the applicant must submit the documents within 1 year after the date of approVa_SMWl1!. 2. The applicant must submit the follOWing documents: . Review fee in accordance with current fee schedule . Addressing Checklist . Eight (8) copies of Letter describing request . Eight (8) copies of all documents necessary to address the conditions or stipulations 3. The ZLDRZoning Department will review the documents and submit a recommendation to the Board of Zoning Appeals. The Board of Zoning Appeals will review the recommendations at a public hearing, and will provide notice by publicationrSMW12J 15 days before the hearing. The Board of Zoning Appeals may approve the recommendations with or without additional conditions or stipulations. The applicant may attend the hearing Page I 58 Internal WIP Draft February 12,2010 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Administrative Procedures with Public Hearing-Conditional Use Agenda Item No, 10D June 22, 2010 Page 22 of 22 and provide evidence. ZLDRZoning Department will formally notify the applicant of the Board's decision. ,., Page I 59 Internal WIP Draft February 12, 2010