Agenda 01/08/2019 Item #16A 101/08/2019
EXECUTIVE SUMMARY
Recommendation to adopt 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 Four, Administrative Procedures, more specifically
to amend Section L.2, Zoning Verification Letter - Non-residential Farm Building; and Chapter
Six, Waivers, Exemptions and Reductions, more specifically to add Section L. Administrative
Appeal of Preliminary Substantial Damage Determination; and providing an effective date. (This is
a companion to Agenda Item 9.A)
OBJECTIVE: To amend the Collier County Administrative Code for Land Development to include a
new section titled “Administrative Appeal of Preliminary Substantial Damage Determination” in Chapter
6 and update the “Zoning Verification Letter - Non-Residential Farm Buildings on Farms” section in
Chapter 4. These changes are in coordination with the adoption of the Floodplain Management
Ordinance, Agenda Item 9.A.
CONSIDERATIONS: The Administrative Code for Land Development was developed in 2013 to assist
applicants in submitting applications to the Growth Management Department by providing application
procedures and requirements.
The Administrative Appeal of a Preliminary Substantial Damage Determination section will be a new
section in the Administrative Code. This is a current process that was established after Hurricane Irma;
however, the application procedures for the appeal have not yet been added to the Administrative Code.
Substantial damage determinations, whereby the level of damage to a structure in the special flood hazard
area is evaluated, are a required activity by the Federal Emergency Management Agency (FEMA)
following a disaster event. These site assessments were done post Hurricane Irma; however, some
assessments were inaccurate. Pursuant to the National Flood Insurance Program (NFIP) guidance,
property owners should have the right to appeal the determination. This process continues to be utilized
post Hurricane Irma and will ensure consistency for future events.
The Zoning Verification Letter (ZVL) - Non-residential Farm Building section is an existing section in
the Administrative Code. This section informs applicants seeking to construct a non-residential farm
building on a farm what documents are required by the County in order to review the project. The
objective of the ZVL is to confirm that the Property Appraiser has provided an agricultural classification
for the property, which then allows the applicant to construct the structure without a building permit. As
required by Florida Statues Section 604.50, non-residential farm buildings on lands used for bona fide
agricultural purposes must meet “code provisions implementing local, state, or feder al floodplain
management regulations.” The proposed changes to this Administrative Code section clarify application
requirements and procedures resulting from updates to the County’s floodplain management regulations,
as well as miscellaneous cleanup changes.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact associated with
this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval - SAS
RECOMMENDATION: To adopt a Resolution of the Board of County Commissioners of Collier
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County, Florida amending the Administrative Code for Land Development, which was created by
Ordinance No. 2013-57, by amending Chapter Four, Administrative Procedures, more specifically to
amend Section L.2, Zoning Verification Letter - Non-residential Farm Building; and Chapter Six,
Waivers, Exemptions and Reductions, more specifically to add Section L. Administrative Appeal of
Preliminary Substantial Damage Determination; and providing an effective date.
Prepared by: Caroline Cilek, Manager, Building Division
ATTACHMENT(S)
1. Resolution for Administrative Code with Exhibits 112718 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doc ID: 7157
Item Summary: Recommendation to adopt 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 Four, Administrative Procedures, more specifically to
amend Section L.2, Zoning Verification Letter – Non-residential Farm Building; and Chapter Six,
Waivers, Exemptions and Reductions, more specifically to add Section L. Administrative Appeal of
Preliminary Substantial Damage Determination; and providing an effective date. (This is a companion to
Agenda Item 9.A)
Meeting Date: 01/08/2019
Prepared by:
Title: Manager - LDC – Building Plan Review & Inspections
Name: Caroline Cilek
11/29/2018 3:52 PM
Submitted by:
Title: Director - Building Plans Review & Inspections – Building Plan Review & Inspections
Name: Richard Long
11/29/2018 3:52 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/07/2018 2:25 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/07/2018 3:10 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 12/10/2018 12:56 PM
Growth Management Department James C French Deputy Department Head Review Completed 12/11/2018 9:45 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/12/2018 3:02 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/12/2018 4:30 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/13/2018 1:06 PM
County Attorney's Office Emily Pepin CAO Preview Completed 12/20/2018 8:26 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2018 9:39 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM
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Packet Pg. 473 Attachment: Resolution for Administrative Code with Exhibits 112718 (7157 : Administrative Code)