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Agenda 05/12/2009 Item #17B /\genda Item No. 178 May 12, 2009 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt an ordinance declaring a state of local economic emergency; tolling to May 12, 2011 the Planned Unit Development (PUD) time limits and time limit extension requirements as found in Section lO.02.13.D of the Collier County Land Development Code (LDC) OBJECTIVE: To have the Board of County Commissioners (BCC) adopt an ordinance to effectively toll the time limits related to the development's time frames and sunsetting criteria, as defined in Section 10.m.l3.D. of the Land Development Code for all active Planned Unit Developments in the unincorporated area of Collier County fi)r a period of 24 months or effectively to May 12,201 I. CONSIDERATION: At the April 14, BCC meeting, under Agenda Item lOA, County Manager's Report, staff presented four options f()r extending the sunsetting time limits for PUDs. The Board subsequently directed stafT to proceed with Option 4, an ordinance to toll all active PUDs. Attached is the ordinance that accompanied that option. This tolling to May 12, 201 I functionally extends the application of sun setting regulations for 2 additional years to all active PUDs which have not been extended through a board decision, Effectively, these active PUDs will be automatically extended tr0111 their current expiration date ~, for a period of 2 years, after whieh the PUO extension provisions of Section 10.02. 13.D. of the LDC will then apply, offering eligible PUOs an additional2-year period, For active PUDs that already have an approved extension, the time will be extended 2 years from their CUlTent expiration date. PUDs under this category are not eligible for a PUD extension uncleI' the provisions of Section 10.02. 1 3.0. of the LDC and will be sunsetted unless the owner/applicant applies for a PUD amendment or a complete revision of the PUD pursuant to the LDC. The tolling of PUDs for 2 years, to May 12,201 I, does not extend the time limits for those PUDs that have already sunsetted. In order to insure tllat a PUD is covered by this ordinance since this proposal was first discussed by the Board; statf is recommending that the eligibility date be retroactively applied to March I, 2009. FISCAL IMPACT: Eliminating or dciaying the need to apply for an extension or for a PUD amendment will be beneficial 10 the properly owner/developer as il defcrs tbe applicable fees for either a PUD Extension or a PUD Amendment. GROWTH MANAGEMENT IMPACT: Delaying the requirements f{)r a PUD extension or amendments to a PUD may delay the need 10 update the respective PUD documcnts to comply with recent changes to tbe Growth Managcment Plan (GMP) and/or Land Development Code (LDC). .~ Item No. '173 !/:ay 12, 2009 Pc1ge 2 of G LEGAL CONSIDERATION: The proposed ordinance was dratled by the County Attorney, was duly advertised, and is ready for Board action. This is a regular item requiring simple majority vote. -JAK RECOMMENDATION: That the Board adopt the ordinance as presented and that the eligibility date be established as March 1,2009. PREPARED BY: Joseph K. Schmitt, Administrator, CDES Item Number: Item Summary: Meeting Date: Page 1 of 1 AC18nda ltem f<Jo. 17B - May 12, 2009 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 178 Recommendation that the Board of County Commissioners adopt an ordinance declaring a state of local economic emergency; tolling to May 12, 2011 the Planned Unit Development (PUD) time limits and time limit extension requirements as found in Section 1 0.02.13.D of the Collier County Land Development Code (LDC) 5/12/200990000 AM Prepared By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4/20f2009 3:39:29 PM Approved By Judy ?uig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved Hy 4/21/200910:06 AM Jeff Klatzko-N County Attorney County P,Uomey Date Caunty !-\Uom,,-'!" Office 4/27i2009 3:52 PM Approved By \Niliiam D. Lorenz, Jr., P.E. Community Development & Environmental S,:!-I"vi::.<:'s EnvironmlO.r:tal Services Director Date Environmenta! S0r\'rC0S 4/27!20'J9 4:41 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Enviromnental Sefvic;';s Adrnir15tiator Date Community Developl1lunt & Environmental Senrices Admin. 4128/200911:18 AM '\pprove-d By Susan Istenes, AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 4/29/20091.11 PM Approved By ~../lark IsackS'Jn County h.4anager's Of;::;;,- Budget Analyst Date Office of Manag?rnent t~ Budg;-:t 4130;2'00910:24 Arv'l ApproYC'd My Leo E. Oehs, Jr. Bcard of COUn1'1 Conlmissiof;ers Deruty Ccunty rv1anager Date C'::H.nty r;~an3gH's Office 512/200912:29 PM Ii 1,;.." ( ,'\!..'::n'-:.b.j ~:':,l r'\:nn:I 1-:2':'..\.1;;, Pr,'(' po.'('[:'(;O'\ ;"7 (i'r,~'()\\ :\~r\;,\ I,: \,1 ,,:~(),\( 11 ""\)!"),\ )__ ..:;/()/~()()q it~rn ~~o. 178 [,1ey 12, 2009 Page 4 of 6 ORDINANCE NO. 2009-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL ECONOMIC EMERGENCY; TOLLING TO MAY 12, 2011 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 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 significant revenue decreases at the State and local levels, jobs are being lost, homes are being foreclosed, and services are being cut; and WHEREAS, Collier County is currently experiencing a dramatic and devastating decline in the residential and commercial development markets that adversely impact the entire local economy; and WHEREAS, Section IO.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 WHEREAS, tolling of the Planned Unit Development time limit and time limit extension is necessary to relieve conditions resultiug from the local economic emergency; and Pagclof3 Agenda Item No, 17B May 12, 2009 Page 5 of 6 WHEREAS, because of this emergency, the Board wishes to toll the Planned Unit Development time limit and time limit extension provisions without going through the process of amending the Land Development Code as set forth in Sections 10.02.08.C and 10.02.09 of the Land Development Code. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Short Title and Recitals. This Ordinance shall be known as the Collier County Local Economic Emergency Ordinance, and the above fmdings and recitals are hereby adopted by reference into this Ordinance, SECTION TWO: Declaration of Local Economic Emergency. The Collier County Board of County Commissioners, convened 10 regular seSSIOn, hereby declares and ordains that a local economic emergency exists within Collier County, Florida, requiring immediate measures to address the emergency before irreversible harm is done to the economic well being of the citizens of the County. This Ordinance is adopted after public hearing pursuant to, and in accordance with, Section 125.66(2), Florida Statutes. SECTION THREE: ToUing of Land Development Code Section 10.02.13.D. Section 10.02, I3.D of the Collier County 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 12,201 I for Planned Unit Developments which have not sunsetted prior to the effective date of this Ordinance. Prior to May 12, 2011, the Board of County Commissioners will detennine if the declaration of Local Economic Emergency should be ended. Page 2 of3 ACJ8nda Item No. 173 ~ May 12, 2009 Page 6 016 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 ofthis 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 in tbe Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier 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 ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, Chairman , Deputy Clerk Approved and le a s to form rfi . ulclency: ~- < II Jeffr 'f Cou y .- K~tzkow tomey 04-COA-010 1039/4-24-09 Page 3 of3 ~~ .....