Ordinance 2005-37
. .
ORDINANCE NO. 05- ~
AN ORDINANCE AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC), TO CORRECT A
SCRIVENER'S ERROR IN ORDINANCE NO. 05-27 DUE
TO AN UNINTENDED REVISION TO LDC SECTION
10.03.05 - TO CORRECTLY PROVIDE NOTICE WITHIN
500' OF PROPERTY FOR CERTAIN PUBLIC HEARINGS
BEFORE THE BOARD OF COUNTY COMMISSIONERS,
THE COLLIER COUNTY PLANNING COMMISSION, THE
BOARD OF ZONING APPEALS, THE ENVIRONMENTAL
ADVISORY COUNCIL, AND THE HISTORIC &
ARCHEOLOGICAL PRESERVATION BOARD; AND BY
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 05-27,
on June 8, 2005, filed and effective on June 16, 2005, and;
WHEREAS, following adoption of that Ordinance staff determined a provision that was
otherwise not intended to change distances required for mailed notices for certain public
hearings was inadvertently made a part of those amendments, and therefore constitutes a
scrivener's error.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida:
~i
):þ
~..,
?--
,,~
c::::~
=
c:...r1
:;:;,.
c=
~1'
.
SECTION ONE: SCRIVENER'S ERROR AMENDMENT
~.; ,I
..~
rr, I
.. N
I'·
Section 10.03.05. B.8., of the Land Development Code of Collier Cºµnty, ~oriUi:1
r-' _ _ ir"-?f<!r'!"~
Ordinance 04-41, as amended, as further amended by Ordinance Number O~, is:~er~D/
ê3~: .:-
):> rn a
amended to correct a scrivener's error as follows:
*
*
*
*
*
*
*
*
*
B. Notice and public hearing where proposed amendment would change zoning classification
of land and for CONDITIONAL USES and variances, for planned unit development (PUD)
rezoning extensions. In the case of an application for extension of PUD zoning status or the
rezoning of land, to include rezonings, conditional uses and variances initiated by other
than the board of county commissioners or amendments to planned unit developments,
such provisions shall be enacted or amended pursuant to the following public notice and
hearing requirements by the planning commission and the board of county commissioners.
PUD extensions, Rezoning, conditional use and variance petitions initiated by the board of
county commissioners or its agencies for county owned land shall be subject to these
provisions.
*
...
...
...
...
...
...
...
...
...
8. For subject properties located within the urban designated area of the future land use
element of the growth management plan, notice of the time and place of the public
hearing by the planning commission shall be sent by the county at least 21 days in
advance of the hearing. This notice shall be sent by mail to all owners of property
within 4;QOO 500 feet of the property lines of the land for which an approval is sought;
provided, however, that where the land for which the approval is sought is part of, or
adjacent to, land owned by the same person, the 4;QOO 500 foot distance shall be
measured from the boundaries of the entire ownership or PUD, except that notices
need not be mailed to any property owner located more than one-half mile (2,640
feet) from the subject property. For the purposes of this requirement, the names and
Page 1 of 2
addresses of property owners shall be deemed those appearing on the latest tax rolls
of Collier County and any other persons or entities who have made a formal request
of the county to be notified.
SECTION TWO: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DUL ~-;?OPTED by the Board of County Commissioners of Collier County,
Florida, this ;¡ t. àayof ~ J ' 2005.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
·oe.
BY: ~ w r -.. ~(')
FRED W. COŸL~AN
Patrick G. i e
Assistant County Attorney
( .
Page 2 of 2
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2005-37
Which was adopted by the Board of County Commissioners
on the 26th day of July 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of July, 2005.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board:,ß~'
County Commissioo~ê~'s"""
() .. . ~' ".\i',,\
lJ.ÅÁ..Å-.l " ' , . 0, ( -
> >' --. . ,- " .
',.., ". \~. '" _.' r
- : -,-.. ",..... "1 :," ' "
" -:' .,",~. r - .
By: Ann Jennet~l1þ/,""
Deputy CleÍ?J;c.'j'"
....: