DSAC Agenda 06/18/2019 (DSAC/LDR Sub)News Release Posted TBD
For more information please contact Jeremy Frantz at (239) 252
Land Development Code
Amendments
Public Meeting
Development Services Advisory Committee
Land Development Review Subcommittee
Tuesday, June 18, 2019
2:00 p.m. –4:00 p.m.
2800 N. Horseshoe Dr., Naples, FL 34104 –GMD Building
Conference Room 609/610
Meeting Purpose:
1) To obtain a
recommendation on
several LDC
amendments, and
2) To complete the
review and obtain a
final recommendation
regarding
Administrative Code
amendments.
Agenda:
1. Call to order
2. Changes to agenda
3. Previously Reviewed LDC Amendments:
a. Comparable Use Determination
4. New LDC Amendments:
a. Communication Tower Inspections
b. Commercial Building Illumination
5. Conclude Review of Administrative Code Amendments
a. Changes to Previously Reviewed Chapters 24
b. Changes to Chapters 614
c. LDC Amendments related to Administrative Code Changes
i. SRA Applications
ii. Nominal Application Process
iii. Public Notice
6. Public comments
7. Adjourn
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OF AMENDMENT
2.03.00
10.02.06
10.03.06
LDR
TBD
TBD
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TBD TBD TBD
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Attachment A –Amendment History and PUD Language
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Amendment History
x 102 states within each commercial zoning district’s list of permitted uses:
o 1/T “Any other commercial use of professional services which is comparable in
nature with the foregoing uses”
o 2 “Any other convenience commercial use which is com
the foregoing uses.”
o 3 “Any other general commercial use which is comparable in nature with the
foregoing uses”
o 4 “Any other general commercial use which is comparable in nature with the
foregoing uses.”
o 5 “Any other heavy
”
x
o 1/T “Any other commercial use or professional services which is comparable in
o 2 “Any other convenience commercial use which is comparable in nature with
consistent with the permitted uses and purpose and intent statement of the district.”
o 3 “Any other general commercial use which is comparable in nature with the
tement of the district.”
o 4 “Any other general commercial use which is comparable in nature with the
tement of the district.”
o 5 “Any other heavy commercial use which is comparable in nature with the
with the permitted uses and intent and purpose statement of the district.”
x 03
x 31
o
x 01 1 district: “Any other commercial use or
Attachment A –Amendment History and PUD Language
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business and are purely associated with activities conducted in an office.”
o
Existing Standards
Attachment B –Administrative Code
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G.6L .Zoning Verification Letter –PUD Comparable Use Determination
Reference LDC subsections 2.03.00 A, 10.02.06 JK, LDC Public Notice subsection 10.03.06 O,LDC
section 8.10.00 and F.S. §125.66.
Applicability A Zoning Verification LetterComparable Use Determination may be used to make a
determination that a new use is comparable, compatible, and consistent with the list of
identified permitted and conditional uses in a standard zoning district, overlay, or a
PUD ordinance. Depending on PUD ordinance language, one of the following methods
of consent by the Hearing Examiner will occur:
1.If the PUD ordinance language identifies the BZA as the authority to determine a
use is comparable, compatible, and consistent, the Zoning Verification Letter will be
brought to Hearing Examiner for approval of the determination.
2.If the PUD ordinance language identifies the Planning Director (or other similar
County staff) as the authority to determine a use is comparable, compatible, and
consistent, the Zoning Verification Letter will be brought to Hearing Examiner for
affirmation of the determination.
PreApplication A preapplication meeting is not required.
Initiation The applicant files a “Zoning Verification LetterComparable Use Determination
Application” with the Planning &Zoning Division.
Application
Contents
The application must include the following:
1. Applicant contact information.
2.Property information, including:
x Site folio number;
x Site Address;
x Property owner’s name; and
x Verification being requested.
3.A narrative statement that describes tThe determination request,and the
justification for the use by a certified land use planner or a land use attorney, and
addresses the standards within LDC section 10.02.06 K.2.
4.Additional materials may be requested by staff depending on the use and
justification provided.
5. PUD Ordinance and Development Commitment information, if applicable.
6. Electronic copies of all documents.
7. Addressing checklist.
Completeness
and Processing
of Application
The Planning &Zoning Division will review the application for completeness. After
submission of the completed application packet accompanied with the required fee,
the applicant will receive a mailed or electronic response notifying the applicant that
the petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XXPL201200000) assigned to the petition. This
Attachment B –Administrative Code
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petition tracking number should be noted on all future correspondence regarding the
petition.
Notice Notification requirements are as follows. Ù See Chapter 8 of the Administrative Code
for additional notice information.
1. Newspaper Advertisement:At least 15 days before the hearing in a newspaper of
general circulation. The legal advertisement shall include:
x Date, time, and location of the hearing;
x Application number and project name;
x PUD name and ordinance number;
x Proposed permitted use;and
x Whether the use will be approved or affirmed by the Hearing Examiner;
and
x Description of location.
Public Hearing 1.The Hearing Examiner,the BCC shall hold at least 1 advertised public hearing. See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner County Manager or Designee. To be effective, the Comparable
Use Determination shall be heard by the BCC.
Review Process The Planning & Zoning Division will review the application and identify whether
additional materials are needed. Staff will prepare a Staff Report to present to the
Office of the Hearing Examiner for a decision.
The Zoning Division will review the application and identify whether additional
materials are needed. Staff will prepare the Determination and bring to the BCC as an
item on the consent agenda.
Updated
Attachment B –Administrative Code
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Chapter 9. Office of the Hearing Examiner –Procedures
Reference LDC section 8.10.00, Code of Laws and Ordinances section 283 through 290, and
Ordinance No. 201325.
Applicability The Hearing Examiner hears and makes final decisions pursuant to the Code of
Laws and Ordinances section 283 through 290 and Ordinance No. 201325.
A minor conditional use is one which does not require environmental review
under Section 21191 et seq. of the Code of Laws and Ordinances and which is not
a case of great public interest or concern as determined in the discretion of the
Hearing Examiner or as requested by a member of the Board of County
Commissioners.
If the Hearing Examiner recuses, disqualifies himself or herself, or does not
otherwise hear a particular case where the Hearing Examiner makes the final
decision, these cases shall be heard by the Planning Commission in an advisory
capacity and then forwarded to the Board of County Commissioners for the final
decision.
Assignment Once the application is submitted to the County and deemed complete pursuant
to Chapters 1 through 7 of the Administrative Code, as applicable, the following
petitions shall be assigned to the Hearing Examiner:
1.Administrative Type III Appeal.
2.Alcohol Distance Waiver.
3.Appeal of an Official Interpretation of the LDC.
4.Automobile Service Station Waiver.
5.Boat Dock Facility Extension, including Boat Lift Canopy Deviations.
6.Minor Conditional Use.
7.Minor Conditional Use ReReview.
8.Minor Conditional Use Extension.
9.NonConforming Use Change and NonConforming Use Alteration.
10.Parking Exemption with a Public Hearing.
11.Post Take Plan, if applicable.
12.PUD Extension.
13.PUD Insubstantial Changes, including Minor Text Changes.
14.PUD Minor Change to Remove an Affordable Housing Contribution.
15.Sign Variance.
16.Site Plan with Deviations for Redevelopment Projects.
Attachment B –Administrative Code
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17.Stewardship Receiving Area (SRA) Insubstantial Changes, including Minor Text
Changes.
18.Variance.
19.Zoning Verification Letter –PUD Comparable Use Determination.
Hearing Examiner
Review
Upon completion of the staff report by the assigned planner pursuant to Chapters
1 through 7 of the Administrative Code, as applicable, five copies of the staff
report and application materials shall be forwarded to the Hearing Examiner for all
matters assigned to the Hearing Examiner.
PreHearing
Conference
The Hearing Examiner may have ex parte communications with any party or
person.
Motions for
Disqualification
Unless good cause is shown, all motions for disqualification of the Hearing
Examiner shall be filed no later than ten (10) working days prior to the scheduled
public hearing before the Hearing Examiner. The motion shall be accompanied by
an affidavit stating particular grounds, which shall be limited to those for which a
judge may be disqualified. The affidavit must state facts sufficient to show that the
movant has a wellfounded fear that the movant will not receive a fair and
impartial hearing. Unless denied as untimely, the motion shall be ruled on by the
Hearing Examiner before whom the case is pending. If the motion and affidavit are
found legally sufficient, the Hearing Examiner shall disqualify himself or herself,
after which the matter will be set for hearing as provided for in the Land
Development Code for such particular action. The Hearing Examiner may also
recuse or disqualify himself or herself at any time in accordance with Ord. 2013
25.
Notice Public notice is required for all Hearing Examiner hearings.
Ù See the specific Administrative Code section for the public notice requirements
necessary for the petition.
Ù See Chapter 8 of the Administrative Code for additional notice information.
Public Hearing –
Participants
The participants before the Hearing Examiner shall be the applicant, County staff,
County agencies, proponents and opponents, inclusive of the public, and
witnesses with relevant testimony. The proponent shall be defined as a participant
in favor of the application, exclusive of the applicant; whereas, the opponent shall
be defined as a participant against the application. Both definitions are inclusive of
the public and any other parties of record. All participants will testify under oath.
Public Hearing –
Rules of Procedure
1.Due Process. For hearings, basic due process requires that the parties have
notice of the hearing and an opportunity to be heard. Parties must be able to
present evidence and be informed of all the facts upon which the County acts.
Attachment B –Administrative Code
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The term “parties” to any proceeding are the Applicant and the County (or
their representatives) and does not include public participants or their
representatives.
2.Evidence. Irrelevant, immaterial, or unduly repetitious evidence shall be
excluded. Any part of the evidence may be received in written form, and all
testimony shall be under oath. Hearsay evidence may be used for the purpose
of supplementing or explaining other evidence but it shall not be sufficient, in
itself, to support a finding by the Hearing Examiner unless it would be
admissible over objections in a civil action.
3.Application of rules. The Hearing Examiner is responsible for ensuring these
rules are applied equally and consistently to all evidence and testimony
presented by the parties and public participants.
4.Burden of Proof. The applicant has the burden of proof to show by competent
and substantial evidence that the proposed request conforms to the LDC and
the GMP.
5.Expert Witness. A witness may be qualified by the Hearing Examiner as an
expert through specialized knowledge, training, experience or education,
which is not limited to academic, scientific or technical knowledge.
Public Hearing –
Order of
Proceedings
1.Hearings will be conducted in an informal but courteous and professional
manner. To the extent possible and at the Hearing Examiner’s discretion, the
order of proceedings will be as follows:
x a.Hearing Examiner’s explanation of rights and responsibilities of
all interested persons as well as an explanation of future proceedings
that may occur in relation to the matter to be heard.
x b.The announcement of the matter to be heard and if applicable,
Hearing Examiner discloses all ex parte communications.
x c.Presentation of request or appeal by applicant, appellant, or
representative.
x d.Presentation of County’s position.
x e.Public participation and comment.
x f.Rebuttal and closing statement by applicant, appellant or
representative. Rebuttal testimony may not be used to provide new
information.
2.Questioning shall be confined as closely as possible to the scope of direct
testimony. The Hearing Examiner may call and question witnesses as he or
she deems necessary and appropriate. The Hearing Examiner shall decide all
questions of procedure and will raise questions and provide comments at any
time during the hearing.
Public Hearing –
Matters to be
considered by the
Hearing Examiner
The Hearing Examiner shall not be limited to the evidence presented by Applicant
or County at the hearing. The Hearing Examiner may consider any additional
relevant evidence including, but not limited to, any of the following:
1.The history of the subject parcel.
Attachment B –Administrative Code
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2.Applicable regulations and development standards promulgated.
3.Applicable goals, objectives, and policies contained in the Comprehensive
Plan.
4.Reports and recommendations filed by reviewing agencies.
5.Physical characteristics of the subject parcel and surrounding lands.
6.Impact on the surrounding transportation network.
7.Availability and capacity of public services.
8.Nature of and impacts on surrounding land use.
9.Environmental impact of the proposed development activity.
10.Application of criteria in LDC relating to the requested petition.
11.Site visit.
12.All such additional relevant evidence shall be made part of the record at the
hearing.
Public Hearing –
Findings and
Decision of the
Hearing Examiner
1.The decision of the Hearing Examiner shall be in writing and include:
x a.Summary of proposed development activity and the evidence
presented.
x b.Findings of fact and conclusions of law, including compliance or
noncompliance of the proposed development activity with applicable
provisions of the Growth Management Plan (GMP) and the Land
Development Code (LDC).
x c.A decision to grant, grant with conditions or deny the application
with reasons therefore specified, including any recommended
conditions.
2.Persons wishing to receive a copy of the decision by mail may supply County
staff with their name, address and a stamped, selfaddressed envelope for
that purpose.
Public Hearing –
Record of hearing
before the Hearing
Examiner
1.A verbatim transcript of all public hearings before the Hearing Examiner shall
be recorded by the Clerk of the Board and also transcribed by an official court
reporter. Any person may request and obtain a transcript of the record from
the court reporter at their own expense.
2.The record of the hearing before the Hearing Examiner shall consist of:
x a.The application and accompanying documents.
x b.Staff reports and recommendations.
x c.All exhibits and documentary evidence.
x d.The decision of the Hearing Examiner.
x e.Verbatim transcript of the proceedings.
Public Hearing –
Decisions to be
Filed
Decisions shall be filed with the Clerk to the Board of County Commissioners.
Attachment B –Administrative Code
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Public Hearing –
Decision of the
Hearing Examiner
A copy of the decision of the Hearing Examiner is required to be filed with the
Clerk of the Board within 30 working days after the conclusion of the public
hearing before the Hearing Examiner. The Hearing Examiner will deliver all
decisions by electronic mail or regular mail.
Public Hearing –
Decisions to
Notated on Zoning
Map
Decisions of the Hearing Examiner shall be noted for information purposes on the
zoning map for variances, conditional uses, and boat dock extensions.
Public Hearing –
Reconsideration of
matter by the
Hearing Examiner
1.On motion by a party, the Hearing Examiner may grant a rehearing on an
application for the following reasons:
x a.Mistake, inadvertence or excusable neglect;
x b.Newly discovered evidence which by due diligence could not
have been discovered in time for the original hearing; or
x c.Fraud, misrepresentation or other misconduct of an adverse
party.
2.The motion for reconsideration by a party shall be made prior to the deadline
for filing an appeal. The filing of such a motion tolls the time for filing an
appeal. The time for filing an appeal shall begin anew in full upon the Hearing
Examiner’s denial of such a motion.
Public Hearing –
Continuance(s)
Continuance(s) of the public hearing shall be permitted for good cause as
determined by the Hearing Examiner. If the continuance of the public hearing is to
a specific date and time, then readvertisement of the hearing shall not be
required.
Public Hearing –
Appeal of the
Decision by the
Hearing Examiner
1.Within 30 days after the Hearing Examiner’s written determination has been
rendered, either the County or the landowner may appeal the determination
to the Board of County Commissioners. Any additional fee for a landowner
initiated appeal must accompany the appeal. At the public hearing, the Board
of County Commissioners will review the record created by the Hearing
Examiner’s proceedings, but the Board may by majority vote accept evidence
not presented to the Hearing Examiner.
2.The Board of County Commissioners may:
x a.Affirm the Hearing Examiner’s determination, with or without
modifications or conditions; or
x b.Reject the Hearing Examiner’s determination, except that the
Board may not modify the determination or impose conditions, or
reject the Hearing Examiner’s determination unless the Board
expressly finds that one or more of the Hearing Examiner’s findings
of fact or conclusions of law is not supported by competent
substantial evidence in the official record, or that the Hearing
Examiner’s determination otherwise specifically failed to properly
apply one or more of the criterion in the LDC or GMP.
Updated
Attachment B –Administrative Code
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LDR
TBD
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5.05.09
TBD TBD TBD
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—
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In 1991, 84,
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.
“that there are presently towers that are overloaded not only
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,
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.
–84 –21 –09 1991
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LDR
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Collier County’s definition of accent lighting is limited to “str
structure.”
prohibition was intended to be limited to “exposed” strands or tubes of lighting.
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i.45
is 46
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DRAFT
1
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Rear yard setback: forty (40) feet.21
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C.23
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D.26
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H.40
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is 47
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Exhibit A –Architectural Lighting Examples
Exhibit B –Accent Lighting Examples
Accent lighting using “tubes or strands”
4
Exhibit C –Collier County Architectural Color Chart
Exhibit D –Architectural & Accent Lighting in Other
Communities
Sunrise
16
.
62 2257
up
Exhibit D –Architectural & Accent Lighting in Other
Communities
34 2
78 751
34
Exhibit D –Architectural & Accent Lighting in Other
Communities
3.
*****
1
2.
3.
34 332
b.
Exhibit D –Architectural & Accent Lighting in Other
Communities
3
20
1.
5 10
5 10.
2.
3.
4.
5.
1
2019 Administrative Code Update
x
x ‘Affidavit of Authorization’, and ‘Electronic Copies of All
Documents’ have been added to all application types
x
.
4
4 . –
4 –
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A. Architectural Plans
Reference LDC sections 5.05.08 and 10.02.03.
Applicability Architectural review is required for buildings, structures, and projects as described in
LDC subsection 5.05.08 B.
Ù See Chapter 6 F. of the Administrative Code to request an Alternative Architectural
Design.
PreApplication A preapplication meeting may be required as a component of the submittal of the Site
Development Plan, Site Development Plan Amendment, Site Improvement Plan,
Alternative Architectural Design Standards Plan, or Building Permit application, as
applicable.
Initiation The applicant submits architectural plans to the Development Review Division in
conjunction with the Site Development Plan, Site Development Plan Amendment, Site
Improvement Plan, Alternative Architectural Design Standards Plan, or Building Permit
application, as applicable.
Application
Contents
The application must include the following:
Submittal Credentials: Pursuant to LDC section 5.05.08, architectural drawings shall be
signed and sealed by a licensed architect registered in the State of Florida.
The architectural drawings must include the following, as applicable:
1.Scaled elevations for all sides of the building at a minimum of 1/8 in. scale.
2.Floor plans of each proposed building with dimensions.
3.If rooftopmounted equipment is proposed,a roof plan showing equipment screens
or parapets scaled wall section from top of roof to grade.
4.Renderings to show materials, color scheme and/or paint chips, and roof color
samples, in particular for elevations with multiple colors and/or for colors restricted
by the LDC.
5.For projects subject to LDC subsection 5.05.08 CD.3 Façade/wall height transition
elements must include site sections showing the relationship to adjacent structures.
6.A scaled wall section from top of roof to grade.
Completeness and
Processing of
Application
The Architectural Plans are processed in conjunction with the Site Development Plan,
Site Development Plan Amendment, Site Improvement Plan, Alternative Architectural
Design Standards Plan, or Building Permit application, as applicable.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Architectural Plans will be reviewed by the Development Review Division as part of
the Site Development Plan, Site Improvement Plan, Alternative Architectural Design
Standards Plan, or Building Permit application.
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H. Sign Permit
Reference LDC section 5.06.00.
Applicability This procedure applies to any construction, installation, rebuilding, reconstruction,
relocation, alteration, or change in the sign, including a change in the graphics or
message of any sign.
Preapplication A preapplication meeting is not required.
Initiation The applicant files a Sign Permit application with the Operations & Regulatory
Division.
The application must include the following:
1. Applicant contact information.
2.Notarized approval letter from property owner or management company.
3.The legal description and the street address of the property upon which the sign is
to be erected.
4.The dimensions of the sign including height.
5.The graphics/message to be placed on the sign face.
6.If the sign or sign graphics/message is illuminated or electronically operated, the
technical means by which this is to be accomplished.
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Additional
Requirements for
Wall Signs
In addition to the application contents mentioned above, applications for a Wall Sign
must also include the following, pursuant to LDC section 5.06.11:
1.Two copies of the Construction Drawings, including:
x a.Method of attachment or Engineering;
x b.Color rending; and
x c.Dimensions of signage.
2.Two copies of the Elevation Drawings, including:
x a.Identifying the height and width of the unit or building;
x b.Placement of sign on elevation;
x c.10 percent clear area; and
x d.If more than 1 wall sign is applied for, a sSite plan showing location if
more than 1 wall sign is applied for, including the following:Ù See
Freestanding Sign site plan requirements below.
x i.Showing placement of sign;
x ii.Showing setbacks from sign to property lines;
x iii.Showing road frontage dimensions; and
x iv.Showing location.
Additional
Requirements for
Freestanding Signs
In addition to the application contents mentioned above, applications for a Freestanding
Sign must also include the following, pursuant to LDC section 5.06.11:
1.Two copies of the Construction Drawings, including:
x a.Method of attachment or Engineering;
x b.Color rending; and
x c.Dimensions of signage.
2.Two copies of the Site Plans, including:
x a.Showing placement of sign;
x b.Showing setbacks from sign to property lines;
x c.Showing road frontage dimensions; and
x d.Showing location.
Completeness and
Processing of
Application
The Operations and Regulatory Management Department will review the application for
completeness. After submission of the completed application packet accompanied with
the required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the permit is being processed. Accompanying that response will be a
receipt for the payment and the tracking number assigned to the permit. This permit
tracking number should be noted on all future correspondence regarding the petition.
ÙSee Chapter 1 D. for information regarding the completeness and processing steps of
the application.
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Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Operations and Regulatory Management DepartmentDivision will review the
application utilizing the criteria identified in LDC section 5.06.00.
Permit Number
Displayed
Following approval, only the current permit number shall be displayed or affixed at the
base of the sign structure, and
x a.Shall have the same life expectancy as the sign;
x b.Shall be clearly legible to a person standing five feet in fron t of the
base of the sign; and
x c.Shall be at least onehalf inch (½”) in height.
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I.2. Site Development Plans (SDP)
Reference LDC section 10.02.03 and other provisions of the LDC.
Applicability All development is subject to this subchapter, unless it is exempt pursuant to LDC
subsection 10.02.03 A.3.
Pre-Application A preapplication meeting is required unless waived by the County Manager or designee
at the request of the applicant, pursuant to LDC subsection 10.02.03 D.
Initiation The applicant files an “Application for Site Development Plan”with the Development
Review Division.
ÙSee Chapter 1 D. for additional information regarding the procedural steps for
initiating an application.
Application
Contents
*Please note: Provided the only item that has proposed to change since last review*
15. Lighting plans signed and sealed by a professional engineer licensed to practice in
the State of Florida, or by the utility provider.
2019 Administrative Code Updates
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x
x
x
x
x ‘Property Ownership Disclosure Form’ has been added to
x ‘Affidavit of Authorization’, and ‘Electronic Copies of All
Documents’ have been added to all application types where
6 –
6 . –
.
6 .–Added ‘copy of
approved SDP or SIP’, and ‘copy of approved Zoning Certificate’ to
6 –
6 –
6 –
‘Automobile Service Station
Waiver’)
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6 . –
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staff’s role as observers for NIMs.
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11 –
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Chapter 6. Waivers, Exemptions, and Reductions
The following applications and approvals listed in this Chapter provide waivers, exemptions, and reductions from
the standards identified in the LDC. Some petitions require a public hearing for approval.
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A. Administrative Fence/Wall Waiver (AFW)
Reference LDC subsection 5.03.02 FD.2 and LDC section 5.03.02 H.4.a.
Applicability This procedure applies to a request to administratively approve the following:an
alternative to the fence or wall design requirements, where there is a non
residential development on the adjoining parcel or abutting rightofway.
1.A variance from the height limitations of fences and walls in commercial and
industrial zoning districts; or
2.An alternative to the fence or wall design requirements between residential and
nonresidential development, where there is a local street that lies contiguous to
the rear of a residence or some other physical separation exists between the
residential development and the nonresidential development.
PreApplication A preapplication meeting is not required.
Initiation The applicant files an “Administrative Fence Waiver/Variance” application with the
Planning & Zoning DepartmentDivision
ÙSee Chapter 1 D. for additional information regarding the procedural steps for
initiating an application.
Application
Contents
The application must include the following:
1. Applicant contact information.
2.Property information, including;
a.Section, township and range;
b.Subdivision, unit, lot and block; and
c.Address of subject site.
3.A narrative description of the site and a detailed explanation of the alternative
proposal to meet the intent of the LDC.
4.Illustrations, landscape plans, photos, and other illustrative materials that
support the applicant’s proposal.
5.Affidavit of Authorization.
6. Electronic copies of all documents.
Completeness and
Processing of
Application
The Planning & Zoning Department will review the application for completeness.
After submission of the completed application packet accompanied with the
required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.ÙSee Chapter 1 D. for information
regarding the completeness and processing steps of the application.
Notice No notice is required.
Public Hearing No public hearing is required.
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Decision maker The County Manager or designee.
Review Process The Planning & Zoning DepartmentDivision will review the application, identify
whether additional materials are needed and approve, approve with conditions or
deny the Administrative Fence/Wall Waiver.
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B. Administrative Parking Reduction (APR)
Reference LDC subsection 4.05.04 F.24.
Applicability This procedure applies to the process where the County Manager or designee may
determine the minimum parking requirements for a use which is not specifically
identified in the LDC or for which an applicant has provided evidence that a
specific use is of such a unique nature that the applicable minimum parking ratio
listed in the LDC should not be applied.
PreApplication A preapplication meeting is not required.
Initiation The applicant files an “Administrative Parking Reduction” application with the
Planning &Zoning DepartmentDivision.
ÙSee Chapter 1 D. for additional information regarding the procedural steps for
initiating an application.
Application
Contents
The application must include the following:
1. Applicant contact information.
2.Property information, including:
a.Section, township and range;
b.Subdivision, lot and block; and
c.Address of subject site.
3.Type of business.
4.Hours of operation.
5.Signed and sealed survey.
6. Addressing checklist.
7. To determine the minimum parking requirements for a use which is not
specifically identified in the LDC or for which an applicant has provided
evidence that a specific use is of such a unique nature that the applicable
minimum parking ratio listed in the LDC should not be applied, then the
applicant may be required to submit the following:
a.Parking generation studies;
b.Evidence of parking ratios applied by other counties and
municipalities for the specific use;
c.Reserved parking pursuant to LDC section 4.04.05; and
d.Other conditions and safeguards deemed to be appropriate to
protect the public health, safety and welfare.
8.Affidavit of Authorization.
9.Copy of most current approved SDP or SIP, if applicable.
10.Copy of approved Zoning Certificate, if applicable.
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Completeness and
Processing of
Application
The Planning & Zoning Department will review the application for completeness.
After submission of the completed application packet accompanied with the
required fee, the applicant will receive a mailed or electronic response notifying
the applicant that the petition is being processed. Accompanying that response
will be a receipt for the payment and the tracking number (i.e., XX201200000)
assigned to the petition. This petition tracking number should be noted on all
future correspondence regarding the petition.ÙSee Chapter 1 D. for information
regarding the completeness and processing steps of the application.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning &Zoning DepartmentDivision will review the application, identify
whether additional materials are needed and prepare a letter of approval or denial
utilizing the criteria identified in the LDC subsection 4.05.04 F.24.
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C. Administrative Parking Exemption
Reference LDC subsections 4.05.02 K.12.
Applicability This procedure applies to a request for relief from various requirements of the
minimum parking requirements established by the LDC, including:
1.Allowing offsite parking on noncontiguous lots under the same ownership,
and/or
2.Allowing offsite parking on contiguous lots under different ownership (shared
parking).
PreApplication A preapplication meeting is not required but may be requested to determine if the
exemption request may be fulfilled administratively.
Initiation The applicant files an “Application for Public Hearing for Parking Exemption ” with
the Planning &Zoning DepartmentDivision.
ÙSee Chapter 1 D. for additional information regarding the procedural steps for
initiating an application.
Application
Contents
The application must include the following:
1. Applicant contact information.
2.Property information, including:
a.Legal description; and
b.Principal site property information and offsite parking area
information, with the following included:
i.Property identification number;
ii.Section, township and range;
iii.Subdivision, unit, lot and block, or metes and bounds
description;
iv.Address of subject site and general location; and
v.Size of property in feet and acres.
3.The name and mailing address of all registered Home Owners Association’s that
could be affected by the application.
4.Disclosure of ownershipProperty Ownership Disclosure Form.
5.Project information, including:
a.Zoning classification of proposed offsite parking lot;
b.Zoning and type of land use of the property that the Parking
Exemption is proposed to serve;
c.Total number of parking spaces required for the project;
d.Number of parking spaces proposed to be located offsite;
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e.Whether the proposed parking lot is separated from the
permitted use by a collector or arterial roadway, and the roadway
name; and
f.Whether the permitted use is proposed to share required parking
with another permitted use.
6.A narrative statement describing the request with specific reference to the
criteria noted in LDC subsection 4.05.02 K.1.2., and any backup materials or
documentation.
7.Preapplication meeting notes, if applicable.
8. Addressing checklist.
9.If required, a Boundary Survey (completed within the last six months, maximum
1 in. to 400 ft. scale) that is abstracted, signed, sealed and prepared by a Florida
registered land surveyor. The boundary survey must include the following:
a.The location and dimensions of all property lines, existing streets
or roads, easements, rightsofway, and areas dedicated to the public;
and
b.An Attorney’s Opinion of Title or by a sworn statement from the
property owners stating that they have provided sufficient
information to the surveyor to allow the accurate depiction of the
information on the survey.
10.A conceptual site plan drawn to a maximum 1 in. to 400 ft. scale. The plan must
measure 24 in. x 36 in. along with a reduced 8½ in. x 11 in. copy. The site plan
shall show the following information:
x a.All existing and proposed structures and their dimensions;
x b.Provisions for existing and/or proposed ingress and egress
(including pedestrian ingress and egress to the site and the structure(s)
on site);
x c.All existing and/or proposed parking and loading areas (including a
matrix that indicates required and provided parking and loading,
including required parking for the disabled);
x d.Required yards, open space and preserve areas; and
x e.Proposed and/or existing landscaping and buffering as may be
required by the County.
11.Owner/agent affidavit as to the correctness of the application.
12.A copy of the last recorded deed, contract for sale or agreement for sale, or a
notarized statement of ownership clearly
13.Map of Property Location.
14.10Year Lease Agreement, if required by the approval criteria.
15. Electronic copies of all documents.
16.Affidavit of Authorization.
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Completeness and
Processing of
Application
The Planning & Zoning Department will review the application for completeness.
After submission of the completed application packet accompanied with the
required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.ÙSee Chapter 1 D. for information
regarding the completeness and processing steps of the application.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning &Zoning DepartmentDivision will review the application and approve,
approve with conditions, or deny the applications utilizing the criteria identified in
LDC subsection 4.05.02 K.1 or K.2.
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D. Administrative Variance (AVA)
Reference LDC section 9.04.04.
Applicability This procedure applies to a request for an administrative approval for minor after
thefact yard encroachments for principal and accessory structures, pursuant to the
specific classifications outlined in LDC section 9.04.04.
PreApplication A preapplication meeting is not required.
Initiation The applicant files an “Administrative Variance for Minor AfterTheFact Yard
Encroachments Submittal Instructions And Application Form”application with the
Planning &Zoning DepartmentDivision.
ÙSee Chapter 1 D. for additional information regarding the procedural steps for
initiating an application.
Application
Contents
The application must include the following:
1. Applicant contact information.
2.Disclosure of ownership.
3.Property information, including:
x a.Legal description;
x b.Section, township and range;
x c.Subdivision, unit, lot and block; and
x d.Address of subject site and general location.
4.Details of variance request, including the following information:
x a.Statement of what is requested and where on the site;
x b.Location and extent of encroachment, measured in tenths of feet;
x c.When the encroachment was discovered;
x d.How the encroachment was discovered; and
x e.Building permit numbers of encroaching structures.
5.A signed and sealed copy of the survey identifying the encroachment.
6.Affidavit of Authorization.
Completeness and
Processing of
Application
The Planning & Zoning Department will review the application for completeness.
After submission of the completed application packet accompanied with the
required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.ÙSee Chapter 1 D. for information
regarding the completeness and processing steps of the application.
Notice No notice is required.
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Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning &Zoning DepartmentDivision will review the application, identify
whether additional materials are needed and approve, approve with conditions or
deny the application based on the criteria in LDC section 9.04.04.
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E. Alcohol Distance Waiver
Reference LDC subsection 5.05.01 A.6, LDC section 8.10.00, and LDC Public Notice subsection
10.03.06 U.
Applicability This procedure provides for waiver of part or all of the minimum separation
distance required between establishments whose primary function is the sale of
alcoholic beverages for onsite consumption.
PreApplication A preapplication meeting is required.
Initiation The applicant files a “Petition for Waiver from Separation Requirements for
EstablishmentsBusinesses Selling Alcoholic Beverages for OnPremise Consumption”
with the Planning &Zoning DepartmentDivision.
ÙSee Chapter 1 D. for additional information regarding the procedural steps for
initiating an application.
Application
Contents
The application must include the following:
1. Applicant contact information.
2.Property information, including:
a.Legal description;
b.Property identification number;
c.Section, township and range;
d.Subdivision, unit, lot and block, or metes and bounds description;
and
e.Address of subject site.
3.Zoning information, including:
a.Current zoning of subject property; and
b.Adjacent zoning and land use.
4.A statement describing the extent of the waiver requested, in linear feet, from
the required 500foot separation.
5.A description of all proposed uses for the subject site/structure, including the
following:
x a.Total square footage of subject structure.
x b.Square footage dedicated to each proposed use.
x c.Proposed hours of operation.
x d.Indication of entertainment and type.
x e.A description addressing each of the criteria identified in LDC
subsection 5.05.01 A.6.a.dc.
6.A signed and sealed survey or boundary sketch to scale, including reduced 8½
in. x 11 in. copies.
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7. Addressing checklist.
8.Owner/agent affidavit as to the correctness of the application.
9.Affidavit of Authorization.
10.Agent Letter Review. Following the initial staff review comments and prior to
the second submittal, the following Agent Letter materials shall be submitted to
the assigned Planner for review and approval:
a.A list of the names and addresses of property owners to receive the
Agent Letter; and
b.Draft of the Agent Letter.
Completeness and
Processing of
Application
The Planning & Zoning Department will review the application for completeness.
After submission of the completed application packet accompanied with the
required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.ÙSee Chapter 1 D. for information
regarding the completeness and processing steps of the application.
Notice Notification requirements are as follows. Ù See Chapter 8 of the Administrative
Code for additional notice information.
1.Agent Letter: An Agent Letter shall be sent to property owners within 150 feet
of the subject property following the initial staff review comments and prior to
the second submittal. See Application Contents for review and approval of letter
materials.
2.Newspaper Advertisements: The legal advertisement shall be published at least
15 days before the advertised Hearing Examiner hearing in a newspaper of
general circulation. The advertisement shall include at a minimum:
x a.Date, time, and location of the hearing; and
x b.Description of the proposed land uses.
Public Hearing 1.The Hearing Examiner shall hold at least 1 advertised public hearing. See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner may grant a waiver of part or the entire minimum distance
requirement.
Review Process The Planning &Zoning DepartmentDivision will review the application and identify
whether additional materials are needed. Staff will prepare Staff Report, utilizing
the criteria established in LDC section 5.05.01 A.6, to present to the Office of the
Hearing Examiner for a decision.
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F. Alternative Architectural Design
Reference LDC subsection 5.05.08 FG.
Applicability This section establishes a process to request deviations from the architectural and site
design standards in LDC section 5.05.08.Any modification to an approved design
requires rereview and approval by the County Manager or designee.
The buildings and uses which qualify for an administrative deviation are identified in LDC
subsection 5.05.08 FG.4
PreApplication A preapplication meeting may be required as a component of the submittal of the Site
Development Plan, Site Development Plan Amendment, Site Improvement Plan, or
Building Permit application, as applicable.
Initiation The applicant files an “Alternative Architectural Design” application with the Planning &
Zoning DepartmentDevelopment Review Division in conjunction with the associated site
plan.
Application
Contents
In addition to the submittal requirements for Architectural Plans ÙSee Chapter 4 A. of
the Administrative Code, the application must include the following:
1. Applicant contact information.
2.The project name, zoning, building type, square footage and number of stories of the
buildings to which the Alternative Architectural Design requirements would apply.
3.The plans shall be clearly labeled as “Alternative Architectural Standards Design.”
4.The plans must identify the section numbers from the LDC section 5.05.08 from
which the deviation is being requested.
5.A narrative statement that specifically identifies all standards of LDC section 5.05.08
from which the deviations are requested, and the justification for the request. This
statement must also include a description of how the alternative plan accomplishes
the purpose and intent of LDC section 5.05.08, without specifically complying with
those standards identified.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker 1.The County Manger or designee may administratively may approve, approve with
conditions, or deny the request for the Alternative Architectural Design plan(s) and
corresponding site plan, in whole or in part, for a plan meeting the standards of LDC
section 5.05.08.
2.Approved deviations are allowed only as to the specific design and plan reviewed.
Any modification to an approved design shall necessitate rereview and approval by
the County Manager or designee.
3.The County Manager or designee may seek the assistance of the Architectural
Arbitration Board in rendering a decision.
Review Process The County Manager or designee shall review the Alternative Architectural Design plan(s)
and corresponding site plan in accordance with the review criteria identified in LDC
subsection 5.05.08 FG.
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Appeals Pursuant to LDC subsection 5.05.08 FG., the applicant may appeal the administrative
decision to the Architectural Arbitration Board by making a written request to the
Planning & Zoning DepartmentDevelopment Review Division.
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G.Automobile Service Station WaiverFacilities with Fuel Pumps Waiver
Reference LDC subsection 5.05.05 B, LDC section 8.10.00, and LDC Public Notice subsection
10.03.06 U.
Applicability This establishes a process to waive part or all of the minimum separation
requirements for automobile service station sitesfacilities with fuel pumps from
other automobile service station sites facilities with fuel pumps.
PreApplication A preapplication meeting is required.
Initiation The applicant files a “Petition for Waiver from Separation Requirements for
Automobile Service StationsFacilities with Fuel Pumps” with the Planning & Zoning
DepartmentDivision.
ÙSee Chapter 1 D. for additional information regarding the procedural steps for
initiating an application.
Application
Contents
The application must include the following:
1. Applicant contact information.
2.Property information, including:
a.Legal description;
b.Property identification number;
c.Section, township and range;
d.Subdivision, unit, lot and block, or metes and bounds description;
and
e.Address of subject site.
3.Zoning information, including:
a.Current zoning of subject property; and
b.Adjacent zoning and land use.
4.The extent of the waiver being requested (in linear feet) from the required
separation.
5.A narrative that describes why the waiver complies with the waiver criteria,
pursuant to LDC section 5.05.05 B.1, and that addresses the factors to be
considered by the Hearing Examiner.
6.A site plan (measuring no larger than 24 in. x 36 in.) along with a conceptual site
plan measuring 8½ in. x 11 in., that indicates the following:
a.The dimensions of the subject property;
b.All vehicular points of ingress and egress and their relationship to
the parking area and site circulation;
c.Demonstration of compliance with all requirements of the LDC
including the location of the structures on site, landscaping, offstreet
parking, site circulation, architectural design guidelines, and signage;
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d.The location of all proposed buffer areas and their dimensions;
and
e.The layout of road(s) on which the proposed station fronts or to
which access is provided, including the type of road(s), the number of
lanes, and the location of intersections and turn lanes, median
locations and median widths, for a 500 foot distance from the subject
parcel.
7.A written market study analysis which justifies a need for the additional
Automobile Service Station in the desired location.
8. Environmental Data Requirements. ÙSee LDC subsection 3.08.00 A.
9.An Aerial photograph (taken within the previous 12 months at a minimum scale
of 1 in. = 200 ft.), showing FLUFCS Codes, legend, and project boundary.
10. Addressing checklist.
11.Preapplication meeting notes.
12.Warranty Deed.
13.Letter of no objection from the United States Postal Service.
14.Owner/agent affidavit as to the correctness of the application.
15. Electronic copy of all documents.
16.Affidavit of Authorization.
17.Agent Letter Review. Following the initial staff review comments and prior to
the second submittal, the following Agent Letter materials shall be submitted to
the assigned Planner for review and approval:
a.A list of the names and addresses of property owners to receive the
Agent Letter; and
b.Draft of the Agent Letter.
Completeness and
Processing of
Application
The Planning & Zoning Department will review the application for completeness.
After submission of the completed application packet accompanied with the
required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., ASWPL20120000000)
assigned to the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.ÙSee Chapter 1 D. for information
regarding the completeness and processing steps of the application.
Notice Notification requirements are as follows. Ù See Chapter 8 of the Administrative
Code for additional notice information.
1.Agent Letter: An Agent Letter shall be sent to property owners within 150 feet
of the subject property following the initial staff review comments and prior to
the second submittal. See Application Contents for review and approval of letter
materials.
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2.Newspaper Advertisements: The legal advertisement shall be published at least
15 days before the advertised Hearing Examiner hearing in a newspaper of
general circulation. The advertisement shall include at a minimum:
Date, time, and location of the hearing; and
Description of the proposed land uses.
Public Hearing 1.The Hearing Examiner shall hold at least 1 advertised public hearing. See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner.
Review Process The Planning &Zoning DepartmentDivision will review the application and identify
whether additional materials are needed. Staff will prepare Staff Report, utilizing
the criteria established in LDC section 5.05.05, to present to the Office of the
Hearing Examiner for a decision.
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H. Nonconforming Use Change (NUC)
Reference LDC subsection 9.03.02 D, LDC section 8.10.00 and LDC Public Notice subsection
10.03.06 UV.
Applicability This process applies to a request to change a nonconforming use to another
nonconforming use of the same character or a more restricted nonconforming use.
New structures or additions to existing structures shall only be allowed for
permitted or accessory uses on the site.
PreApplication A preapplication meeting is required.
Initiation The applicant files a “NonConforming Use Change (NUC) Petition” with the
Planning &Zoning DepartmentDivision.
ÙSee Chapter 1 D. for additional information regarding the procedural steps for
initiating an application.
Application
Contents
The application must include the following:
1. Applicant contact information.
2.Property information, including:
a.Legal description;
b.Property identification number;
c.Address of subject property;
d.Section, township and range;
e.Subdivision name, unit, block and lot number; and
f.Size of subject property, in acres.
3.Zoning information, including:
a.Current zoning and land use of subject property; and
b.Adjacent zoning and land uses.
4.Total number of parking spaces that exist on the site.
5. Proof of ownership or interest in the property, such as a deed or contract to
purchase.
6.If the request proposes a number of possible nonconforming uses, list all of the
proposed nonconforming uses and identify the following for each use:
a.Total number of parking required for the proposed nonconforming
use;
b.Hours of operation for proposed nonconforming use; and
c.Total square footage for the proposed nonconforming use
building(s) and structure(s).
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7.If the request proposes a number of possible permitted and/or accessory uses,
list all of the proposed uses and identify the following for each use:
a.Total square footage of the new or existing structures for the
permitted and/or accessory uses;
b.Total number of parking required for the permitted and/or
accessory uses; and
c.Hours of operation for proposed for the permitted and/or
accessory uses.
8.A narrative statement identifying how the nonconforming use change complies
with the standards in LDC subsection 9.03.02 D., including:
a.How the proposed nonconforming use is equally or more
appropriate to the zoning district than the existing nonconform ing use;
b.The relation of the structure to surrounding properties, showing
that adverse effect(s) on occupants and neighboring properties will not
be greater than if the existing nonconforming use is continued; and
c.Any additional information supporting the proposed
nonconforming use change.
9.A copy of the preapplication meeting notes.
10.Aerial photograph(s), taken within the previous 12 months at a minimum scale
of 1 in. = 200 ft., showing FLUCCS codes, legend and project boundaries.
11.A site plan drawn to scale depicting:
a.North arrow, date, and scale of drawing;
b.Property boundaries and dimensions;
c.Current and proposed uses for each structure;
d.If permitted or accessory uses are proposed for the site, all
setbacks and building heights shall be identified for any existing
structures, proposed new structures, or proposed additions;
e.Parking areas and driveways; and
f.Location Map that includes the project location and major
roadways in project vicinity.
12.Notarized owner/agent affidavit as to the correctness of the application.
13.Affidavit of Authorization.
14.Property Ownership Disclosure Form.
Completeness and
Processing of
Application
The Planning & Zoning Department will review the application for completeness.
After submission of the completed application packet accompanied with the
required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
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correspondence regarding the petition.ÙSee Chapter 1 D. for information
regarding the completeness and processing steps of the application.
Notice Notification requirements are as follows. Ù See Chapter 8 of the Administrative
Code for additional notice information.
1.Mailed Notice: Written notice shall be sent to property owners in the
notification area at least 15 days before the advertised Hearing Examiner
hearing.
2.Newspaper Advertisements: The legal advertisement shall be published at least
15 days before the advertised Hearing Examiner hearing in a newspaper of
general circulation. The advertisement shall include at a minimum:
Date, time, and location of the hearing; and
Clear explanation of the nonconforming use change.
3. Sign:Posted at least 15 days before the advertised Hearing Examiner hearing
date.See Chapter 8 of the Administrative Code for sign template.
Public Hearing 1.The Hearing Examiner shall hold at least 1 advertised public hearing. See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner.
Review Process The Planning &Zoning DepartmentDivision will review the application and identify
whether additional materials are needed. Staff will prepare Staff Report, utilizing
the criteria established in LDC section 9.03.02 D, to present to the Office of the
Hearing Examiner for a decision.
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I. Site Plan with Deviations for Redevelopment Projects (DR)
Reference LDC section 10.02.03 F and LDC Public Notice subsection 10.03.06 R.
Applicability A site plan with deviations for redevelopment shall provide a means for a redevelopment
project to seek dimensional deviations, excluding height, architectural deviations, and
deviations from site features, such as but not limited to, landscaping, parking, and buffers,
from the standards established in the LDC when the passing of time has rendered certain
existing buildings, structures or site features nonconforming.
A site plan with deviations may be requested for the redevelopment of a site which meets
the criteria for a site development plan, site development plan amendment or a site
improvement plan as established in LDC section 10.02.03. Except for the requested
deviations, the site plan shall comply with LDC section 10.02.03.
In accordance with LDC section 10.02.03 F, “Redevelopment” shall mean the renovation,
restoration, or remodeling of a building or structure, or required infrastructure, in whole or
in part, where the existing buildings, structures or infrastructure were legally built and
installed.
Initiation The applicant files a “Site Plan with Deviations for Redevelopment Application” application
with the Planning &Zoning DepartmentDivision.
ÙSee Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
PreApplication A preapplication meeting is required.
Application
Contents
A site plan with deviations application must include the following, in addition to the
Application Contents and Requirements for a site development plan, site development plan
amendment or a site improvement plan. Ù See Chapter 4 I.2 –I.4 of the Administrative
Code.
Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering plans shall be
signed and sealed by the applicant’s professional engineer licensed to practice in
the State of Florida. For projects subject to LDC section 5.05.08, architectural
drawings, shall be signed and sealed by a licensed architect, registered in the State
of Florida. Landscape plans shall be signed and sealed by licensed landscape
architect, registered in State of Florida.
Sheet size: The site improvement plan and the coversheet shall be prepared on a maximum
size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas
affected by the amendment. The sheet must clearly show the change “clouded”
and clearly delineate the area and scope of the work to be done.
The application must include the following:
1.A narrative of the redevelopment project and how it is consistent with the standards
for approval, LDC section 10.02.03 F.8.
2.Description of each requested deviation and justification for each request. Requested
deviations shall be clearly delineated in the petition. The LDC section for which the
deviation seeks relief from shall be identified.
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3.Project enhancements to offset or minimize the deviations shall be clearly identified.
Completeness and
Processing of
Application
The Planning & Zoning Department will review the application for completeness. After
submission of the completed application packet accompanied with the required fee, the
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding t he petition.ÙSee
Chapter 1 D. for information regarding the completeness and processing steps of the
application.
Notice Notification requirements are as follows. Ù See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice:Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Hearing Examiner hearing.
2. Newspaper Advertisement:At least 15 days before the advertised Hearing Examiner
hearing in a newspaper of general circulation. The legal advertisement shall include:
a.Date, time, and location of the hearing;
b.Application number and project name;
c.2 in. x 3 in. map of project location;
d.Requested deviations and proposed project enhancements; and
e.Description of location.
Public Hearing 1.The Hearing Examiner shall hold at least 1 advertised public hearing. Ù See Chapter 9
of the Administrative Code for the Office of the Hearing Examiner procedures.
Decision maker The Hearing Examiner.
Review Process The Planning &Zoning DepartmentDivision will review the application and identify whether
additional materials are needed. Staff will prepare Staff Report, utilizing the criteria
established in LDC section 10.02.03 F, to present to the Office of the Hearing Examiner for a
decision.
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J. Post Take Plan
Reference LDC subsection 9.03.07 D, LDC section 8.10.00, and LDC Public Notice subsection
10.03.06 S.
Applicability An applicant may request a Post Take Plan in order to mitigate and/or eliminate the
impacts, such as loss of parking, nonconforming setbacks and buffers which exceed the
allowance under LDC sections 9.03.07 and 9.03.07 D.2, resulting from the public
acquisition of a personal property for public purposes.
The Post Take Plan is not a SDP. However, changes requested by the applicant that do
not result from the public acquisition will require an SDPA or SIP. For example, a building
expansion unrelated to public acquisition would result in a SDPA or SIP.
Initiation The applicant files a “Post Take Site Plan Application” with the Planning &Zoning
DepartmentDivision.
ÙSee Chapter 1 D. for additional information regarding the procedural steps for
initiating an application.
PreApplication A preapplication meeting is required.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Electronic copy of all documents.
4.The project name.
5.Preapplication meeting notes.
6.Property information, including:
a.Legal description;
b.Property identification number;
c.Project name;
d.Section, township and range;
e.Subdivision, unit, lot and block, or metes and bounds description; and
f.Address of subject site and general location.
7.Zoning Information, including:
Ccurrent zoning and land use of subject property.
8.The name of the existing circuit court case and number, if applicable.
9.Scaled drawing 24 in. x 36 in. in size, with one 8 ½ in. x 11 in. drawing depicting the
following:
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a.The name, address and phone number of the consulting firm(s)
preparing the plans;
b.The total site acreage for both pre and postacquisition condition;
c.Legal description;
d.Zoning designation;
e.All existing improvements, clearly depicting those affected by the
acquisition;
f.All proposed mitigating improvements and remedies;
g.The exact nature and dimension of any requested deviations;
h.The pre and postacquisition configuration of the lot or lots; and
i.The dimensions from the pre and postacquisition property line to all
affected improvements.
10.A narrative description of the pre and postacquisition site conditions, noting
impacts and all nonconformities created or exacerbated as a result of the
acquisition, and any proposed mitigation and remedies.
11.A signed and sealed boundary or special purpose survey to ascertain or verify
existing conditions. Pursuant to LDC subsection 9.03.07 D.1, the boundary or special
purpose survey shall be prepared by a surveyor licensed to practice in the State of
Florida.
12.The most recent available aerial of the site.
13.Owner/agent affidavit as to the correctness of the application.
14.Once the first set of review comments are posted, the following mailed notice
documents shall be submitted to the assigned planner:
A list of the names and addresses of property owners to receive the
mailed notice; and
Draft of the mailed notice letter.
14.Affidavit of Authorization.
15.Property Ownership Disclosure form.
Completeness and
Processing of
Application
The Planning & Zoning Department will review the application for completeness. After
submission of the completed application packet accompanied with the required fee, the
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.ÙSee Chapter 1 D. for information regarding the completeness and processing
steps of the application.
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Notice Notification requirements are as follows. Ù See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice:Written notice shall be sent to property owners in the notification
area within 60 days of the date of the submittal of the application. The mailed notice
shall include the following information:
a.List of requested deviations;
b.A brief narrative with justification for the deviations; and
c.A copy of the Post Take Plan, in either an 11 in. x 17 in. or 8 ½ in. x 11
in. format.
Additional Notice
If Written
Objection is
Received
If a written objection is received from an abutting property owner within 30 days from
the date in which the first mailed notice was sent, then the Post Take plan shall go
before the Hearing Examiner.
The notice requirements for the public hearing are as follows: Ù See Chapter 8 of the
Administrative Code for additional notice information.
1. Mailed Notice:Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Hearing Examiner hearing.
a.List of requested deviations;
b.A brief narrative with justification for the deviations; and
c.A copy of the Post Take Plan, in either an 11 in. x 17 in. or 8 ½ in x 11 in.
format.
2. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised Hearing Examiner hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
a.Date, time and location of the hearing;
b.Description of the proposed land uses; and
c.2 in. x 3 in. map of the project location.
3. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
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Public Hearing If a written objection has been received from an abutting property owner, then the
Hearing Examiner shall hold at least 1 advertised public hearing.
Decision Maker The County Manager or designee or the Hearing Examiner.
Review Process 1.If a written objection has not been received from a notified property owner within
30 days from the date of the public notice, then the Planning &Zoning
DepartmentDivision may approve the Post Take Plan.
2.If a written objection has been received from a notified property owner, then the
Planning & Zoning DepartmentDivision will prepare a Staff Report to present to the
Office of the Hearing Examiner for a decision.
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K. Vested Rights Determination
Reference Ù See LDC section 9.02.00.
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L.
Chapter 62.
Pre
2522942
f Work, all repair work,
and other improvements to the structure.
2.OwnerBuilder Affidavit, if applicable.
3.Construction plans of the structure (hand drawn is sufficient), with notes identifying
the areas to be repaired, and the materials to be used.
4.Removal, Replacement and Repair of Mobile/Manufactured Homes Post Event
form.
5.Substantial Improvement or Repair of Substantial Damage Packet and Cost Estimate
Worksheet found on the Growth Management Building website, noted above.
a.The Affidavits must be signed by the property owner and notarized.
b.The Cost Estimate worksheet must include all repair work, other
improvements, and any open building permit applications or issued building
permits.
c.Please note: The property owner is responsible for collecting all
subcontractor bids and quotes and compiling them for one cost estimate
worksheet. Incremental repair work is not permitted; all repairs must be
permitted and calculated under one permit.
Completeness and
Processing of
Application
The building permit is to be submitted for review and will be provided a building permit
number (i.e. PRBD201200000). The completed application packet must be accompanied
with the required fee. The permit number should be noted on all future correspondence
regarding the permit.ÙSee Chapter 1 D. for information regarding the completeness
and processing steps of the application.
Notice No notice is required.
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Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Building Plan Review and Inspection Division will review the application, identify
whether additional materials are needed, and review the application for compliance with
the Florida Building Code and Code of Laws and Ordinances Chapter 62.
Updated Resolution 201901
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Chapter 7. Supplementary Submittal Requirements for Land Use
Applications
The following are supplemental submittal requirements which may be requested for the submission of a land use
application.
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A. Environmental Data Requirements for PUD Zoning and Conditional Uses
Reference LDC section 3.08.00.
Code of Laws Chapter 2, Article VIII, Division 23 (Environmental Advisory Council)
Conservation and Coastal Management Element (CCME) GMP Policy 6.1.8.
Applicability The Environmental Impact Statement (EIS) shall consist of the Environmental Data
Requirements identified in LDC section 3.08.00 and shall be submitted for PUD
Zoning and Conditional Use petitions.
Pursuant to LDC subsection 3.08.00, the environmental data shall be prepared by
an individual with academic credentials and experience in the area of
environmental sciences or natural resource management. Academic credentials
and experience shall be a bachelor's or higher degree in one of the biological
sciences with at least two years of ecological or biological professional experience
in the State of Florida.
Application
Contents
Applicants shall collate and package applicable Environmental Data into a single EIS
packet, prior to the public hearings and after all applicable staff reviews are
complete. Copies of the Environmental Impact Statement shall be provided to the
County Manager or designee prior to public hearings.
Completeness and
Processing
The completeness and processing review of the environmental data shall be
conducted at the time of the land use petition review.
Notice N/A
Public Hearing N/A
Decision maker N/A
Review Process The EIS shall consist of previously reviewed environmental data materials. The
County Manager or designee may require additional data or information necessary
to evaluate the project’s compliance with LDC and GMP requirements.
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B. Traffic Impact Study (TIS)
Program Management Division may waive the TIS requirement at the pre
application meeting if it determines that the proposed development’s traffic
impacts are not significant.
Application
Contents
ÙSee the TIS Guidelines, referenced above.
Completeness and
Processing
The completeness and processing review of the TIS shall be conducted at the time
of the land use petition review.
Notice N/A
Public Hearing N/A
Decision maker The County Manager or designee.
Review Process The Transportation Planning Section Capital Project Planning, Impact Fees, and
Program Management Division shall review the TIS as part of the land use petition
application based on the criteria in the TIS Guidelines and Resolution 2006299.
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C. PUD Annual Monitoring Report
Reference LDC subsection 10.02.13 F.
Applicability This procedure applies to PUDs to ensure that the approved project densities,
intensities, and commitments are consistent with the development’s approved
Ordinance and Traffic Impact Study.
PreApplication A preapplication meeting is not required.
Initiation If the PUD is active, the applicant files a PUD Monitoring report with the Engineering
Department Capital Project Planning, Impact Fees, and Program Management
Division on an annual basis, on or before each anniversary date of the PUD approval
by the BCC.
Ù See LDC subsection 10.02.13 F.1.a for PUD tracts or parcels that are built out.
Ù See LDC subsection 10.02.13 F.7 for Traffic Count Monitoring requirements.
Application
Contents
The monitoring report must include the following:
1. Applicant contact information.
2.Number of units, by residential type; square footage commercial and other
permitted uses which are approved and complete and any onsite or offsite
commitments completed and approved as of the due date of the monitoring
report.
3.Current PUD master plan showing infrastructure, projects/developments, plats,
parcels, and other pertinent information, including onsite or offsite
commitments.
4.Copies of all required monitoring reports completed in past year (i.e., traffic,
wellfield, etc.).
5.Status of commitments in PUD document, including projected completion dates if
then established.
6.Other information as may be required by County Manager or designee.
7.Owner/agent affidavit as to the correctness of the application.
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D. Soil Erosion and Sediment Control Plan
Reference LDC section 6.01.05
Applicability A Soil Erosion and Sediment Control Plan is required, for new and existing
development and construction, such as Site Development Plans and Final
Subdivision Plats.
Plan Contents Each plan shall be prepared in accordance with the following standards:
1.The most recent edition of the State of Florida Erosion and Sediment Control
Designer and Reviewer Manual, June 2007.
2.Turbidity values surrounding discharge from projects shall not violate water
quality criteria contained in 62302.530(69) Florida Administrative Code.
Completeness and
Processing
The Soil Erosion and Sediment Control Plan shall be submitted in conjunction with
all applicable land use applications.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or designee.
Review Process The Engineering Services Department Development Review Division shall review
the Soil Erosion and Sediment Control Plan concurrent with all applicable land use
applications.
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Chapter 8. Public Notice
A. Generally
Many land use decisions in the County require public notice to the general community and/or the surrounding
neighborhoods regarding an applicant’s development plans. Each Administrative Code section describes the types
of notice required, if any, for a petition or a permit. This section identifies the different types of public notice
procedures and specific information necessary to fulfill the notice requirement.
The following are the types of public notice that may be required:
x Neighborhood Information Meeting (NIM)
x Mailed Written Notice
x Newspaper Advertisement
x Posting of a Sign
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B. Neighborhood Information Meeting
Applicability 1.A Neighborhood Informational Meeting ("NIM") shall be conducted when:
x a.The initial staff review and comment on the application has been
completed; and
x b.At least 15 days before the first public hearing is held, whether it is the
Planning Commission, Hearing Examiner, the BCC, or the BZA.
2.In addition to the above, the following shall also apply for smallscale amendments
and other sitespecific comprehensive plan amendments:
x a.The NIM is required before the Planning Commission transmittal
hearing.
x b.A second NIM is required if the County Manager or designee
determines that a substantial change has occurred to a proposed site
specific comprehensive plan amendment following the BCC’s transmittal
hearing. The applicant must hold the second NIM before the Planning
Commission adoption hearing.
3.If the applicant’s petition activity extends beyond 1 year from the date of the first
NIM, a second NIM will be required and shall be noticed in accordance with this
chapter.
Notice
Requirements
The NIM shall be noticed as follows:
1. Mailed Notice:Written notice shall be sent to property owners in notification area
at least 15 days before the NIM meeting.
x The applicant shall also provide written notice of the NIM to property
owners, condominium, and civic associations whose members may be
affected by the proposed land use change and who have formally requested
the County to be notified.
2. Newspaper Advertisement: The legal advertisement shall be published at least 15
days before the NIM meeting in a newspaper of general circulation. The
advertisement shall include at a minimum:
x a.Date, time, and location of the NIM meeting;
x b.Petition name, number and applicant contact info;
x c.Purpose of the NIM meeting;
x d.Description of the proposed land uses; and
x e.2 in. x 3 in. map of the project location.
Location The applicant must arrange the location of the meeting. The location must be reasonably
convenient to the property owners who receive the required notice. The facilities must
be of sufficient size to accommodate the expected attendance.
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Conduct of
Meeting
The Collier County staff planner assigned to attend the preapplication meeting, or
designee, must also attend the NIM for observational purposesand will serve as the
facilitator of the meeting. However, tThe applicant is expected to make a presentation of
how they intend to develop the subject property. The applicant is required to audio or
video tape the proceedings of the meeting and to provide a copy to the Planning &Zoning
DepartmentDivision.
The applicant must provide the following at the NIM meeting for review and comment:
x a.The proposed uses and density of the project;
x b.The proposed Master Plan; and
x c.The current LDC zoning district uses and development regulations.
Meeting FollowUp 1.After a NIM is completed, the applicant will submit a written summary of the NIM
and any commitments that have been made to the assigned planner. The written
summary must be submitted prior to scheduling a public hearing.These
commitments will:
x a.Become part of the record of the proceedings;
x b.Be included in the staff report for any subsequent review and approval
bodies; and
x c.Be considered for inclusion in the conditions of approval of any
applicable development order.
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C. Mailed Notice
Applicability For applicable land use petitions, a mailed notice shall be as follows.
Notice
Requirements
Mailed written notices shall be sent by regular mail to property owners in the
notification area listed below. Names and addresses of property owners shall be those
listed on the latest ad valorem tax rolls of the County. The County must send mailed
notice must be sent out at least 15 days before the hearing for all applications, except as
identified otherwise in the Administrative Code.
The applicant must provide a copy of the list of all parties noticed by the required
notification deadline to the Planning &Zoning Department Division staff.
The written notice must include:
x a.Date, time, and location of the NIM meeting or public hearing;
x b.Description of the proposed land uses; and
x c.2 in. x 3 in. map of the project location.
For a conditional use, rezoning, PUD, PUD extension, or variance, the notice must also
include:
x a.A clear description of the proposed land uses;
x b.A clear description of the applicable development standards;
x c.Intensity or density in terms of total floor area of commercial or
industrial space and dwelling units per acre for residential projects;
x d.A clear description of the institutional or recreational uses when part of
the development strategy; and
x e.The substance of the proposed ordinance or resolution (rezoning only).
For a site plan with deviations for redevelopment projects, the notice must also include:
x Tthe type of deviation sought.
The cClerk to the BCC will make a copy of all notices available for public inspection during
the regular business hours.
Recipients of
Mailed Written
Notice
Property owners in the notification area are described below and shall be based on the
latest tax rolls of Collier County and any other persons or entities who have formally
requested notification from the County:
Urban
designated area
of the future land
The notification area includes:
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use element of
the growth
management
plan
1.All property owners within 500 feet of the property lines of the
subject property.
2.If any of the land in the area listed in paragraph 1 is owned by
the same person or entity who owns the subject property, the
500foot distance is measured from the boundaries of the
entire ownership or PUD.
3.The maximum notification area is ½ mile (2,640 feet) from the
subject property.
All other areas The notification area includes:
1.All property owners within 1,000 feet of the property lines of
the subject property.
2.If any of the land in the area listed in paragraph 1 is owned by
the same person or entity who owns the subject property, the
1,000foot distance is measured from the boundaries of the
entire ownership or PUD.
3.The maximum notification area is ½ mile (2,640 feet) from the
subject property.
Associations Notification shall also be sent to property owners and condominium
and civic associations whose members are impacted by the
proposed land use changes and who have formally requested the
County to be notified. A list of such organizations shall be provided
and maintained by the County, but the applicant must bear the
responsibility of insuring all parties are notified.
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D. Newspaper Advertisement
Applicability For applicable land use petitions, the legal newspaper advertisement shall be as follows.
A copy of the newspaper advertisement shall be kept available for public inspection
during regular business hours of the Office of Clerk to the Board of County
Commissioners. The notice of proposed enactment shall include where the proposed
ordinance or resolution may be inspected by the public. The notice shall also advise that
interested parties may appear at the meeting and be heard with respect to the proposed
ordinance or resolution.
Placement and
Content
The legal newspaper advertisement shall be published at least 15 days before each
advertised public hearing in a newspaper of general circulation. The advertisement shall
include at a minimum:
x a.Date, time, and location of the hearing;
x b.Petition name, number and applicant contact info;
x c.Description of the proposed land uses; and
x d.2 in. x 3 in. map of the project location, as applicable.
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E. Posting of a Sign
Applicability For applicable land use petitions, the posting of a sign shall be as follows.
Timing The sign shall be posted at least 15 days before the Hearing Examiner, Planning
Commission, or the BCC acting as the BZA hearing.
Sign Requirements The sign copy must occupy the total area of the sign. The requirements for the size,
location, and proof of posting and removal of the sign are as follows:
1.Properties < less than or equal to 1 acre: The sign shall measure at least 1 and ½
square feet in area. The sign is erected by the Planning &Zoning
DepartmentDivision on behalf of the applicant.
2.Properties > greater than 1 acre: The sign shall measure at least 32 square feet in
area. The sign is erected by the applicant. At least 1 sign is placed on each
external boundary that fronts a street. If the external boundaries along a street
exceed 1,320 linear feet, signs are placed equidistant from one another with a
maximum spacing of 1,000 linear feet. However, the number of signs along an
exterior boundary fronting a street cannot exceed 4 signs.
3.All properties:
x a.The sign must be located in full view of the public on each street side of
the subject property.
x b.Where the subject property is landlocked or for some other reason the
signs cannot be posted directly on the subject property, then the sign or
signs are erected along the nearest street rightofway, with an attached
notation indicating generally the distance and direction to the subject
property.
x c.The applicant must provide evidence to the Planning &Zoning
DepartmentDivision that the sign(s) were erected by furnishing photographs
of the sign(s) that show the date of their erection at least 10 days before the
scheduled public hearing.
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Sign Template Unless otherwise specified, the sign must adhere to the following templates:
1. Properties less than or equal to 1 acre:
2.Properties greater than 1 acre:
3.For Dock Facility Extensions:
a.Properties less than or equal to 1 acre:
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b.Properties greater than 1 acre:
Removal of Sign The signs shall remain in place until any of the following occur:
1.Final action is taken on the application,;or
2.The Planning &Zoning DepartmentDivision receives written notification that the
applicant is withdrawing or indefinitely continuing the application.
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F. Stakeholder Outreach Meeting for Golf Course Conversions (SOM)
Reference LDC sections 5.05.15 and LDC Public Notice section 10.03.06.
Ù See Chapter 4.N for Intent to Convert Applications for the Application Contents
Required for Presentations at SOMs.
Purpose Stakeholder Outreach Meetings (SOMs) are intended to engage stakeholders early in the
design of a golf course conversion project and to encourage collaboration and consensus
between the applicant and the stakeholders on the proposed conversion.
Applicability This process applies to applicants seeking to convert a constructed golf course to a non
golf course use. A minimum of two inperson meetings and one webbased visual survey
are required. This section shall be used in connection with LDC section 5.05.15.
Initiation The SOMs may be held after the “Intent to Convert”application has been received by the
County and deemed sufficient by staff to proceed. It is encouraged that SOMs take place
in a timely manner so as to support stakeholder involvement.
SOM Notice
Requirements
Each SOM shall be noticed as follows:
1. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the SOM in a newspaper of general circulation. The advertisement shall
include at a minimum:
x a.Date, time, and location of the SOM;
x b.Petition name, number and applicant contact info;
x c.Notice of the intention to convert the golf course to a nongolf course
use;
x d.Brief description of the proposed uses; and
x e.2 in. x 3 in. map of the project location.
2. Mailed Notice: For the purposes of this mailed notice requirement, written notice
shall be sent to property owners located within 1,000 feet from the property line of
the golf course at least 15 days before the first SOM. The mailed notice shall include
the following:
x a.Date, time, and location of each SOM included in the mailed notice;
x b.Petition name, number and applicant contact info;
x c.Notice of the intention to convert the golf course to another use;
x d.A brief description of the proposed uses;
x e.A statement describing that the applicant is seeking input through a
stakeholder outreach process;
x f.The userfriendly web address where the meeting materials, such as the
Developers Alternatives Statement, can be accessed;
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x g.A brief description of the visual survey and the userfriendly web
address where the survey can be accessed; and
x h.The dates that the webbased visual survey will be available online.
Location The applicant must arrange the location of the meeting. The location must be reasonably
convenient to the property owners who receive the required notice. The facilities must
be of sufficient size to accommodate expected attendance.
Timeframe SOMs must be held between November 1
st and April 1st.
Conduct of SOMs A minimum of two SOMs shall be conducted in accordance with the following:
x a.An assigned County planner shall attend the SOMs and observe the
process. The planner shall note any commitment made by the applicant
during the meetings.
x b.Meeting Conduct: The applicant shall conduct the meetings as follows:
o i.Use at least one public outreach method during the inperson
meetings as described below; and
o ii.The applicant shall facilitate dialogue and encourage input on
the conceptual development plan from the stakeholders regarding
the types of development the stakeholders consider compatible
with the neighborhood, and the types of land uses they would
support to be added to the neighborhood.
x c.Presentation: The applicant must provide the following at the SOM for
review and comment:
o i.The current LDC zoning district uses and development
regulations;
o ii.Information about the purpose of the meeting, including the
goals and objectives of the conversion project;
o iii.A copy of the Developer’s Alternatives Statement shall be
made available at the SOM, as described in LDC section 5.05.15 C.2;
o iv.Visuals depicting the conceptual development plan(s) and the
greenway; and
o v.The list of deviations requested, as described in LDC section
5.05.15 C.4.ab.
x d.Public Outreach Methods: The applicant shall use one or more of the
following at the Stakeholder Outreach Meetings to engage stakeholders:
o i.Charrette. This public outreach method is a collaborative
design and planning workshop that occurs over multiple days.
Through a charrette, the applicant designs the conceptual
development plan and greenway with stakeholders’ input. During a
charrette, stakeholders are given the opportunity to identify values,
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needs, and desired outcomes regarding the project. Through a
series of engagement activities the conceptual development plan
and greenway are designed and refined. Throughout the sessions,
stakeholders have an opportunity to analyze the project, address
and resolve issues, and comment on multiple iterations of the
project.
o ii.Participatory Mapping. This public outreach method produces
maps using stakeholder knowledge and input. To start, the
applicant hosts a workshop and shares information about the
project through exhibits such as poster boards, written or
electronic materials, etc. Participants are then given sticky dots,
markers, or other tactile/visualization tools in conjunction with
maps of the conceptual development plan and greenway to identify
options to address compatibility, adverse impacts, or types of
desirable usable open space for the project. For example:
stakeholders are asked to place red dots on the map where there is
a perceived pedestrian hazard and place a green dot where they
support additional tree plantings in the greenway.
o iii.Group Polling. This public outreach method polls participants
at the meeting and provides instant results. The poll can include a
wide range of topics about the project, such as density, greenway
uses, vehicle/pedestrian transportation networks, etc. The
applicant provides sticky dots or uses electronic devices to conduct
the polling.
o iv.Visioning Exercise. This public outreach method invites
stakeholders to describe their core values and vision for their
community. In a workshop setting, the applicant presents a wide
variety of reports, maps, photos, and other information about the
project. The applicant then poses questions to the participants,
such as, but not limited to the following:
1)“What do people want to preserve in the
community?”
2)“What do people want to create in the community?”
3)“What do people want to change in the community?”
The applicant collects the responses and works with the
participants to create a vision statement for the project that
incorporates the goals, concerns, and values of the community.
Webbased Visual
Survey
Requirements
The webbased visual survey is intended to increase engagement with stakeholders. The
survey should engage the stakeholders in the design of the project and assist in
determining what stakeholders find important to the neighborhood, what is considered
compatible with the neighborhood, and what types of land uses they support adding to
the neighborhood.
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x a.The survey shall provide visual representations of the proposed
development, in particular the types of land uses proposed, streetscapes,
public spaces, design characteristics, and depictions of the greenway design;
x b.The survey questions shall be worded so as to elicit responses to the
stakeholders’ preferences or support for the visual representations.
x c.The survey shall allow for additional comment(s) to be made by the
stakeholders.
SOM Report After the SOMs and the webbased survey are complete, the applicant will submit a
report of the SOM to the County, including the following information:
x a.A list of attendees, a description of the public outreach methods used,
photos from the meetings demonstrating the outreach process, results from
outreach methods described above;
x b.Copies of the materials used during the meeting, including any materials
created at the meeting, such as any participatory mapping or related
documents;
x c.A verbatim transcript of the meetings and an audio (mp3 or WAV
format) or video recording in a format accessible or viewable by the County;
x d.A pointcounterpoint list, identifying the input from the stakeholders
and how and why it was or was not incorporated into the application. Input
from stakeholders may be categorized by topic and the applicant may
provide a single response to each topic in narrative format; and
x e.The report shall be organized such that the issues and ideas provided by
the stakeholders that are incorporated in the application are clearly labeled
in the pointcounterpoint list and in the conversion application.
Meeting Followup After each SOM is completed and prior to the submittal of a conversion application, the
applicant will submit to the assigned planner a written summary of the SOM and any
commitment that has been made. Any commitment made during the meeting will:
x a.Become part of the record of the proceedings;
x b.Be included in the staff report for any subsequent conversion
application; and
x c.Be considered for inclusion into the conditions of approval of any
subsequent development order.
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Chapter 9. Office of the Hearing Examiner –Procedures
Reference LDC section 8.10.00, Code of Laws and Ordinances section 283 through 290, and
Ordinance No. 201325.
Applicability The Hearing Examiner hears and makes final decisions pursuant to the Code of
Laws and Ordinances section 283 through 290 and Ordinance No. 201325.
A minor conditional use is one which does not require environmental review
under Section 21191 et seq. of the Code of Laws and Ordinances and which is not
a case of great public interest or concern as determined in the discretion of the
Hearing Examiner or as requested by a member of the Board of County
Commissioners.
If the Hearing Examiner recuses, disqualifies himself or herself, or does not
otherwise hear a particular case where the Hearing Examiner makes the final
decision, these cases shall be heard by the Planning Commission in an advisory
capacity and then forwarded to the Board of County Commissioners for the final
decision.
Assignment Once the application is submitted to the County and deemed complete pursuant
to Chapters 1 through 7 of the Administrative Code, as applicable, the following
petitions shall be assigned to the Hearing Examiner:
1.Administrative Type III Appeal.
2.Alcohol Distance Waiver.
3.Appeal of an Official Interpretation of the LDC.
4.Automobile Service Station WaiverFacilities with Fuel Pumps Waiver.
5.Boat Dock Facility Extension, including Boat Lift Canopy Deviations.
6.Minor Conditional Use.
7.Minor Conditional Use ReReview.
8.Minor Conditional Use Extension.
9.NonConforming Use Change and NonConforming Use Alteration.
10.Parking Exemption with a Public Hearing.
11.Post Take Plan, if applicable.
12.PUD Extension.
123.PUD Insubstantial Changes, including Minor Text Changes.
134.PUD Minor Change to Remove an Affordable Housing Contribution.
145.Sign Variance.
156.Site Plan with Deviations for Redevelopment Projects.
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167.Stewardship Receiving Area (SRA) Insubstantial Changes, including Minor Text
Changes.
168.Variance.
179.Zoning Verification Letter –PUD Comparable Use Determination.
Hearing Examiner
Review
Upon completion of the staff report by the assigned planner pursuant to Chapters
1 through 7 of the Administrative Code, as applicable, five copies of the staff
report and application materials shall be forwarded to the Hearing Examiner for all
matters assigned to the Hearing Examiner.
PreHearing
Conference
The Hearing Examiner may have ex parte communications with any party or
person.
Motions for
Disqualification
Unless good cause is shown, all motions for disqualification of the Hearing
Examiner shall be filed no later than ten (10) working days prior to the scheduled
public hearing before the Hearing Examiner. The motion shall be accompanied by
an affidavit stating particular grounds, which shall be limited to those for which a
judge may be disqualified. The affidavit must state facts sufficient to show that the
movant has a wellfounded fear that the movant will not receive a fair and
impartial hearing. Unless denied as untimely, the motion shall be ruled on by the
Hearing Examiner before whom the case is pending. If the motion and affidavit are
found legally sufficient, the Hearing Examiner shall disqualify himself or herself,
after which the matter will be set for hearing as provided for in the Land
Development Code for such particular action. The Hearing Examiner may also
recuse or disqualify himself or herself at any time in accordance with Ord. 2013
25.
Notice Public notice is required for all Hearing Examiner hearings.
Ù See the specific Administrative Code section for the public notice requirements
necessary for the petition.
Ù See Chapter 8 of the Administrative Code for additional notice information.
Public Hearing –
Participants
The participants before the Hearing Examiner shall be the applicant, County staff,
County agencies, proponents and opponents, inclusive of the public, and
witnesses with relevant testimony. The proponent shall be defined as a participant
in favor of the application, exclusive of the applicant; whereas, the opponent shall
be defined as a participant against the application. Both definitions are inclusive of
the public and any other parties of record. All participants will testify under oath.
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Public Hearing –
Rules of Procedure
1.Due Process. For hearings, basic due process requires that the parties have
notice of the hearing and an opportunity to be heard. Parties must be able to
present evidence and be informed of all the facts upon which the County acts.
The term “parties” to any proceeding are the Applicant and the County (or
their representatives) and does not include public participants or their
representatives.
2.Evidence. Irrelevant, immaterial, or unduly repetitious evidence shall be
excluded. Any part of the evidence may be received in written form, and all
testimony shall be under oath. Hearsay evidence may be used for the purpose
of supplementing or explaining other evidence but it shall not be sufficient, in
itself, to support a finding by the Hearing Examiner unless it would be
admissible over objections in a civil action.
3.Application of rules. The Hearing Examiner is responsible for ensuring these
rules are applied equally and consistently to all evidence and testimony
presented by the parties and public participants.
4.Burden of Proof. The applicant has the burden of proof to show by competent
and substantial evidence that the proposed request conforms to the LDC and
the GMP.
5.Expert Witness. A witness may be qualified by the Hearing Examiner as an
expert through specialized knowledge, training, experience or education,
which is not limited to academic, scientific or technical knowledge.
Public Hearing –
Order of
Proceedings
1.Hearings will be conducted in an informal but courteous and professional
manner. To the extent possible and at the Hearing Examiner’s discretion, the
order of proceedings will be as follows:
x a.Hearing Examiner’s explanation of rights and responsibilities of
all interested persons as well as an explanation of future proceedings
that may occur in relation to the matter to be heard.
x b.The announcement of the matter to be heard and if applicable,
Hearing Examiner discloses all ex parte communications.
x c.Presentation of request or appeal by applicant, appellant, or
representative.
x d.Presentation of County’s position.
x e.Public participation and comment.
x f.Rebuttal and closing statement by applicant, appellant or
representative. Rebuttal testimony may not be used to provide new
information.
2.Questioning shall be confined as closely as possible to the scope of direct
testimony. The Hearing Examiner may call and question witnesses as he or
she deems necessary and appropriate. The Hearing Examiner shall decide all
questions of procedure and will raise questions and provide comments at any
time during the hearing.
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Public Hearing –
Matters to be
considered by the
Hearing Examiner
The Hearing Examiner shall not be limited to the evidence presented by Applicant
or County at the hearing. The Hearing Examiner may consider any additional
relevant evidence including, but not limited to, any of the following:
1.The history of the subject parcel.
2.Applicable regulations and development standards promulgated.
3.Applicable goals, objectives, and policies contained in the Comprehensive
Plan.
4.Reports and recommendations filed by reviewing agencies.
5.Physical characteristics of the subject parcel and surrounding lands.
6.Impact on the surrounding transportation network.
7.Availability and capacity of public services.
8.Nature of and impacts on surrounding land use.
9.Environmental impact of the proposed development activity.
10.Application of criteria in LDC relating to the requested petition.
11.Site visit.
12.All such additional relevant evidence shall be made part of the record at the
hearing.
Public Hearing –
Findings and
Decision of the
Hearing Examiner
1.The decision of the Hearing Examiner shall be in writing and include:
x a.Summary of proposed development activity and the evidence
presented.
x b.Findings of fact and conclusions of law, including compliance or
noncompliance of the proposed development activity with applicable
provisions of the Growth Management Plan (GMP) and the Land
Development Code (LDC).
x c.A decision to grant, grant with conditions or deny the application
with reasons therefore specified, including any recommended
conditions.
2.Persons wishing to receive a copy of the decision by mail may supply County
staff with their name, address and a stamped, selfaddressed envelope for
that purpose.
Public Hearing –
Record of hearing
before the Hearing
Examiner
1.A verbatim transcript of all public hearings before the Hearing Examiner shall
be recorded by the Clerk of the Board and also transcribed by an official court
reporter. Any person may request and obtain a transcript of the record from
the court reporter at their own expense.
2.The record of the hearing before the Hearing Examiner shall consist of:
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x a.The application and accompanying documents.
x b.Staff reports and recommendations.
x c.All exhibits and documentary evidence.
x d.The decision of the Hearing Examiner.
x e.Verbatim transcript of the proceedings.
Public Hearing –
Decisions to be
Filed
Decisions shall be filed with the Clerk to the Board of County Commissioners.
Public Hearing –
Decision of the
Hearing Examiner
A copy of the decision of the Hearing Examiner is required to be filed with the
Clerk of the Board within 30 working days after the conclusion of the public
hearing before the Hearing Examiner. The Hearing Examiner will deliver all
decisions by electronic mail or regular mail.
Public Hearing –
Decisions to
Notated on Zoning
Map
Decisions of the Hearing Examiner shall be noted for information purposes on the
zoning map for variances, conditional uses, and boat dock extensions.
Public Hearing –
Reconsideration of
matter by the
Hearing Examiner
1.On motion by a party, the Hearing Examiner may grant a rehearing on an
application for the following reasons:
x a.Mistake, inadvertence or excusable neglect;
x b.Newly discovered evidence which by due diligence could not
have been discovered in time for the original hearing; or
x c.Fraud, misrepresentation or other misconduct of an adverse
party.
2.The motion for reconsideration by a party shall be made prior to the deadline
for filing an appeal. The filing of such a motion tolls the time for filing an
appeal. The time for filing an appeal shall begin anew in full upon the Hearing
Examiner’s denial of such a motion.
Public Hearing –
Continuance(s)
Continuance(s) of the public hearing shall be permitted for good cause as
determined by the Hearing Examiner. If the continuance of the public hearing is to
a specific date and time, then readvertisement of the hearing shall not be
required.
Public Hearing –
Appeal of the
Decision by the
Hearing Examiner
1.Within 30 days after the Hearing Examiner’s written determination has been
rendered, either the County or the landowner may appeal the determination
to the Board of County Commissioners. Any additional fee for a landowner
initiated appeal must accompany the appeal. At the public hearing, the Board
of County Commissioners will review the record created by the Hearing
Examiner’s proceedings, but the Board may by majority vote accept evidence
not presented to the Hearing Examiner.
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2.The Board of County Commissioners may:
x a.Affirm the Hearing Examiner’s determination, with or without
modifications or conditions; or
x b.Reject the Hearing Examiner’s determination, except that the
Board may not modify the determination or impose conditions, or
reject the Hearing Examiner’s determination unless the Board
expressly finds that one or more of the Hearing Examiner’s findings
of fact or conclusions of law is not supported by competent
substantial evidence in the official record, or that the Hearing
Examiner’s determination otherwise specifically failed to properly
apply one or more of the criterion in the LDC or GMP.
Updated
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Chapter 10. Where to Find Current Information
This Administrative Code references a number of documents that are important to the development process. All
of these documents are available at the Planning & Zoning DepartmentDevelopment Services offices, or online at
the references listed below. These documents include:
Document Description Reference
Collier County Growth Management
Plan (“GMP”)
development regulation
be consistent with the GMP.
Collier County Land Development
Code (LDC)
The LDC
Zoning Map
the County’s zoning districts.
Code of Laws and Ordinances of
Collier County, Florida (“Code of
Laws”)
The Code of Laws
laws –
of Laws
the Administrative Code.
Florida Statutes
state laws. The Administrativ
statutes.
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Planning & Zoning
DepartmentGrowth Management
Department website
This includes individual division website
links, information on popular services,
organization charts,
information,
development in Collier County.
Online at
https://www.colliercountyf
Growth Management Department
(GMD) Fee Schedule (September 23,
2008)
These are the fees that an
cost of administering the LDC
required fee is paid.
nty,” and then click the
– click “Board Minutes and Records,” then “Accept,” and then click
an LDC provision they are interested in. A member of
staff can assist you with finding the most current ordinances that affect
development in your neighborhood or of your property.
Printed copies of the LDC, Growth Management Plan, and forms are available for purchase at the Growth
Management Department building, located at 2800 N. Horseshoe Drive, Naples, FL.
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Chapter 11. Contact Information
Contact information is available on the County website. When an application is filed with the Planning & Zoning
Departmentapplicable division,the appropriate staff member is assigned to the application. Staff will conduct a
Completeness and Processing and will contact the applicant about whether the filing is in order. The applicant can
contact the assigned staff member throughout the various steps of each process.
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Chapter 12. Acronyms
A –Rural Agricultural Zoning District
ACOE –Army Corps of Engineers
ACP –Agricultural Clearing Permit
ACSC –Area of Critical State Concern
ADT –Average Daily Trips
ASI –Area of Significant Influence
BCC –Board of Collier County Commissioners
BD –Boat Dock Petition
BMUD –Bayshore Drive Mixed Used District
BP –Business Park District
BZA –Board of Zoning Appeals
C1 –Commercial Professional General Office District
C2 –Commercial Convenience District
C3 –Commercial Intermediate District
C4 –General Commercial District
C5 –Heavy Commercial District
CCME –Conservation and Coastal Management
Element
CCPC –Collier County Planning Commission
CCSL(P) –Coastal Construction Setback Line (Permit)
CDD –Community Development District
CEB –Code Enforcement Board
CF –Community Facility
CIE –Capital Improvement Element
CIP –Capital Improvement Program
CMO –Corridor Management Overlay
C.O. –Certificate of Occupancy
CON –Conservation Zoning District
CRD –Compact Rural Development
CSP –Conceptual Site Plan
CU –Conditional Use
DBH –Diameter at Breast Height
DEO –Department of Economic Opportunity
D.O. –Development Order
DRI –Development of Regional Impact
DSWT –Dry Season Water Table
E –Estates Zoning District
EAC –Environmental Advisory Council
EIS –Environmental Impact Statement
EPA –Environmental Protection Agency
EXP –Excavation Permit
FAC –Florida Administrative Code
FDEP –Florida Department of Environmental
Protection
FDOT –Florida Department of Transportation
FFWCC –Florida Fish & Wildlife Conservation
Commission
FIAM –Financial Impact Analysis Module
FIHS –Florida Interstate Highway System
FLUCFCS Land Use Cover and Forms Classification
System
FLUE –Future Land Use Element
FLUM –Future Land Use Map
FP –Final Plat
FS –Florida Statutes
FSA –Flow way Stewardship Area
GC –Golf Course
GGAMP –Golden Gate Area Master Plan
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GGPPOCO –Golden Gate Pkwy Professional Office
Commercial Overlay District
GMP –Growth Management Plan
GPCD –Gallons Per Capita per Day
GT –Gopher Tortoise
GWP –Ground Water Protection Zone
GZO –Goodland Zoning Overlay
HSA –Habitat Stewardship Area
I –Industrial Zoning District
ICBSD –Immokalee Central Business Subdistrict
LDC –Land Development Code
LOS –Level of Service
LPA –Local Planning Agency
LSPA –Littoral Shelf Planting Area
M/F –Multifamily Use or Zoning
MH –Mobile Home
MHO –Mobile Home Overlay
MLW –Mean Low Water
MPP –Manatee Protection Plan
NBMO –North Belle Meade Overlay
NC –Neighborhood Commercial District
NRPA –Natural Resource Protection Area
O.C. –On Center
P –Public Use District
PPL –Plans and Plat
PSI –Pounds Per Square Inch
PSP –Preliminary Subdivision Plat
PUD –Planned Unit Development
RSF –Residential SingleFamily Districts
RCW –Red Cockaded Woodpecker
RFMU –Rural Fringe Mixed Use District
RLS –Request for Legal Service
RLSA(O) –Rural Lands Stewardship Area (Overlay)
RMF –Residential MultiFamily Districts
RNC –Residential Neighborhood Commercial
Subdistrict
R.O.W. –Right of Way
RSF –Residential SingleFamily
SBCO –Santa Barbara Commercial Overlay District
SBR –School Board Review
SDP –Site Development Plan
S/F –Single Family Use/Zoning
SFWMD –South Florida Water Management District
SIP –Site Improvement Plan
SLR –Sound Level Reduction
SRA –Stewardship Receiving Area
SSA –Stewardship Sending Area
ST –Special Treatment Zoning Overlay
STNAR –Special TreatmentNatural Aquifer
Recharge
SWFRPC –Southwest Florida Regional Planning
Council
TCEA –Transportation Concurrency Exception Areas
TCMA –Transportation Concurrency Management
Areas
TDR –Transfer of Development Rights
TP –Turtle Permit
TTRVC –Travel Trailer Recreational Vehicle
Campground
USFWS –United States Fish & Wildlife Service
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VOB –Vehicle on the Beach Permit
VR –Village Residential Zoning District
VRP –Vegetation Removal Permit
VRSFP –Vegetation Removal & Site Fill Permit
W –Waterfront District
WRA –Water Retention Area (within RLSA)
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Chapter 13. Glossary
Addressing
Checklist
An addressing checklist is a form that must be signed by a member of the Addressing Staff.
This form indicates the petition type, the legal description, f olio/property identification
number, the street address, location information, and a survey for unplatted properties.
The addressing checklist form can be found on the Collier County website, on the Zoning
and Land Use Application page.
Applicant A person or entity who files an application with the Growth Management Department,
including their representative or agent.
Applicant Contact
Information
The applicant contact information should include, but not limited to the following:
x Applicant/owner or agent’s:
o Name;
o Address;
o Phone number;
o Email address; and
o The name of the firm where the agent is employed, if applicable.
Architect A natural person who is licensed under F.S. Chapter 481, Part I to engage in the practice of
architecture.
Engineer A person who is licensed to engage
infrastructure.
Collier County
Code of Laws &
Ordinances
Florida. The Code of Laws and Ordinances
Electronic Copies
of all Documents part of the submittal package.
Landscape
Architect
A person who holds a license to practice landscape architecture in the State of Florida
under the authority of F.S. Chapter 481, Part II.
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Land
Code (LDC)
LDC is available online at
NIM
Official Zoning
Atlas
The map that shows the location and boundaries of the zoning districts established by the
LDC section 2.02.01.
Planner A person who is certified by the American Institute of Certified Planners (AICP).
Proof of
Ownership
A copy of the recorded deed, contract for sale or agreement for sale, or a notarized
statement of ownership clearly demonstrating ownership and control of the subject lot or
parcel of land. The application shall also present a notarized letter of authorization from
the property owner(s) designating the applicant as the agent acting on behalf of the
owner(s).
Property
Identification
Number
The folio number that identifies a property or the parcels that are assigned by the Collier
County Property Appraiser.
Property Owner The owner of the property that is subject to an application for development approval, or
the designated agent or attorney.
Property Owners
in the
Notification Area
Persons or entities who own property in the area that are subject to a mailed written
notice of a hearing, pursuant to LDC subsection 10.03.05 B., Ù See Chapter 8 of the
Administrative Code for additional information.
PUD Ordinance
and Development
Commitment
Information
The following list of documents and materials shall be provided for the following land use
applications, including, but not limited to: SDPs, SDPAs, PPLs, and PUDAs. The Planning &
Zoning DepartmentDivision shall review the PUD materials concurrent with all applicable
land use applications.
1.PUD ordinance and any amendments.
2.A copy of the latest approved agreements.
3.An itemized list of all commitments identified within the agreement/ordinance and a
corresponding detailed status report of the commitments.
4.Notarized affidavit from the owner/authorized agent that certifies all commitments
within the agreements or PUD are compliant or not applicable at this time, or that
work identified in the application being submitted fulfills the outstanding
commitments.
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5.An up to date site drawing illustrating (except for DRIs):
x a.All onsite and offsite infrastructure identified as a commitments which
have been completed or are pending such as turn lanes, entrance lighting
signalization, rightofway dedication, water management, well fields,
conservation easements, sidewalks, interconnections, etc.
x b.Other information as may be required by the County Manager or
designee that is consistent with the monitoring of agreements and PUD
ordinances.
Sign Ù See LDC section 10.03.05 D.
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Chapter 14. Appendices
Appendix A.
The following is a flow chart identifying the State, Regional and Local Review Procedure.
GMD
90001185
.
4.08.07TBD
TBD
TBD
LDR
TBD TBD TBD
,
.
.
DRAFT
GMD
1
–2
3
4
5
D.6
7
8
9
10
11
the landowner’s12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
DRAFT
GMD
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
. If deemed necessary by County staff or 26
27
28
29
39
40
41
42
43
44
45
46
47
48
49
50
DRAFT
GMD
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
DRAFT
GMD
1
2
3
4
5
6
7
8
H.9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Exhibit A –Proposed Administrative Code
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C. Stewardship receiving area (SRA)
C.1. SRA Designation
Reference LDC section 4.08.07, LDC Public Notice section 10.03.06 M and F.S. § 163.3202.
Ù See LDC subsection 4.08.07 B for Establishment and Transfer of Stewardship Credits
Applicability This procedure applies to a request for the designation of a SRA.
PreApplication A preapplication meeting is required. The preapplication meeting with the Zoning Division
may address, but is not limited to, the matters set forth in LDC section 4.08.07 E.1.
Initiation The applicant files a “Stewardship Receiving Area (SRA) Designation Application” with the
Zoning Division.
ÙSee Chapter 1 D. for additional information regarding the procedural steps for initiating an
application.
Application
Contents
The application must include the following information:
1. Applicant contact information.
2. Addressing checklist.
3.Name of project.
4.Property Ownership Disclosure form.
5.The date the subject property was acquired or leased (including the term of the lease). If
the applicant has an option to buy, indicate the date of the option, the date the option
terminates, and anticipated closing date.
6.Property information, including:
a.Section, township and range;
b.Zoning districts;
c.General location and cross streets;
d. Property identification numbers;
e.Total area of project in acres; and
f.Previously approved or pending petition numbers affecting the property.
7.Adjacent zoning and land use designations.
8.A list of consultants, including name, phone number, and mailing address.
9.Stewardship Credit Use and Reconciliation Application. Ù See Stewardship Credit Use
and Reconciliation Application Contents below.
10.A Stewardship Receiving Area Credit Agreement as described in LDC section 4.08.07
D.11.b.
Exhibit A –Proposed Administrative Code
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11.The SRA Development Document, with all required Exhibits. Ù See SRA Development
Document Contents below.
14.An SRA Public Facilities Impact Assessment Report as described in LDC section 4.08.07 K.
15.An SRA Economic Assessment Report as described in LDC section 4.08.07 L.
16. Electronic copy of all documents.
17.Affidavit of Authorization.
Stewardship Credit
Use and
Reconciliation
Application
Contents
The Stewardship Credit Use and Reconciliation Application shall contain the following,
pursuant to LDC section 4.08.07 D.9.:
1.The legal description of, or descriptive reference to, the SRA to which the Stewardship
Credits are being transferred.
2.Total number of acres within the proposed SRA and the total number of acres of the
proposed SRA within the ACSC (if any).
3.Number of acres within the SRA designated “public use” that do not require the
redemption of Stewardship Credits in order to be entitled (does not consume credits).
4.Number of acres of “excess” open spaces within the SRA that do not require the
consumption of credits.
5.Number of acres of WRAs inside the SRA boundary but not included in the SRA
designation.
6.Number of acres within the SRA that consume credits.
7.The number of Stewardship Credits being transferred to (consumed by) the SRA and
documentation that the applicant has acquired or has a contractual right to acquire
those Stewardship Credits.
8.The number of acres to which credits are to be transferred (consumed) multiplied by 8
Credits/ acre equals the number of Credits to be transferred (consumed).
9.A descriptive reference to one or more approved or pending SSA Designation
Applications from which the Stewardship Credits are being obtained. Submit copies of
SSA Stewardship Credit Agreement and related documentation, including:
a.SSA Application Number;
b.Pending companion SRA Application Number;
c.SSA Designation Resolution (or Resolution Number);
d.SSA Credit Agreement (Stewardship Agreement); and
e.Stewardship Credits Database Report.
10.A descriptive reference to any previously approved Stewardship Credit Use and
Reconciliation Applications that pertain to the referenced SSA(s) from which the
Stewardship Credits are being obtained.
11.A summary table in a form provided by Collier County that identifies the exchange of all
Stewardship Credits that involve the SRA and all of the associated SSAs from which the
Stewardship Credits are being obtained.
Exhibit A –Proposed Administrative Code
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SRA Development
Document
Contents
The SRA Development Document shall be prepared by a planner, together with at least one
of the following: a professional engineer (P.E.) with expertise in the area of civil engineering
licensed by the State of Florida, a qualified environmental consultant per LDC section 3.08.00
A.2., or a practicing landscape architect licensed by the State of Florida.
The Development Document shall include, as applicable, the following information pursuant
to LDC section 4.08.07 H.:
1.Title page to include name of project.
2.Index/table of contents.
3.Exhibit A. Identification of all proposed land uses within each tract or increment
describing: acreage; proposed number of dwelling units; proposed density and
percentage of the total development represented by each type of use; or in the case of
commercial, industrial, institutional or office, the acreage and maximum gross leasable
floor area within the individual tracts or increments.
4.Exhibit B. Design standards for each type of land use proposed within the SRA. Design
standards shall be consistent with the Design Criteria contained in LDC section 4.08.07 J.
5.Exhibit C. SRA Master Plan. Ù See SRA Master Plan Contents below.
6.Exhibit D. Legal description of the SRA boundary, and for any WRAs encompassed by
the SRA.
7.Exhibit E. The Development Document, including any amendments, may request
deviations from the LDC. The Development Document application shall identify all
proposed deviations including justification and any proposed alternatives. See LDC
section 4.08.07 J.8 for the deviation requirements and criteria.
8.Exhibit F. Planning and Commitment information, with the following included:
a.The proposed schedule of development, and the sequence of phasing or
incremental development within the SRA, if applicable;
b.The location and nature of all existing or proposed public facilities (or sites),
such as schools, parks, fire stations and the like;
c.A plan for the provision of all needed utilities to and within the SRA; including
(as appropriate) water supply, sanitary sewer collection and treatment system,
stormwater collection and management system, pursuant to related county
regulations and ordinances;
d.Agreements, provisions, or covenants, which govern the use, maintenance, and
continued protection of the SRA and any of its common areas or facilities; and
e.Development commitments for all infrastructure.
9.Exhibit G. A Natural Resource Index Assessment. Ù See Natural Resource Index
Assessment Contents below.
10.Exhibit H. Development Document amendment provisions.
11.Exhibit I. Property Information, with the following information included:
a.Statement of compliance with the RSLA Overlay and the RLSA District
Regulations.
Exhibit A –Proposed Administrative Code
Collier County Land Development Code | Administrative Procedures Manual
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b.General location map showing the location of the site within the boundaries of
the RLSA Overlay Map and in relation to other designated SRAs and such
external facilities as highways.
c.Property ownership and general description of site (including statement of
unified ownership).
d.Description of project development.
e.The overall acreage of the SRA that requires the consumption of Stewardship
Credits and proposed gross density for the SRA.
12.Typical cross sections for all arterial, collector, and local streets, public or private, within
the proposed SRA.
13.When determined necessary to adequately assess the compatibility of proposed uses
within the SRA to existing land uses, their relationship to agriculture uses, open space,
recreation facilities, or to assess requests for deviations from the Design Criteria
standards, the County Manager or designee may request schematic architectural
drawings (floor plans, elevations, perspectives) for all proposed structures and
improvements, as appropriate.
14.Development Document amendment provisions.
15.Documentation or attestation of professional credentials of individuals preparing the
development document.
SRA Master Plan
Contents
The SRA Master Plan shall be designed by a planner, together with at least one of the
following: A professional engineer (P.E.) with expertise in the area of civil engineering
licensed by the State of Florida, a qualified environmental consultant per LDC section 3.08.00
A.2., or a practicing architect licensed by the State of Florida.
At a minimum, the Master Plan shall include the following, pursuant to LDC section 4.08.07
G.:
1.The title of the project and name of the developer.
2.Scale, date, north arrows.
3.Location map that identifies the relationship of the SRA to the entire RLSA District,
including other designated SRAs.
4.Boundaries of the subject property. Indicating all existing roadways within and adjacent
to the site, watercourses, easements, section lines, and other important physical
features within and adjoining the proposed development.
5.Identification of all proposed tracts or increments within the SRA such as, but not
limited to: residential, commercial, industrial, institutional, conservation/ preservation,
lakes and/or other water management facilities, the location and function of all areas
proposed for dedication or to be reserved for community and/or public use, and areas
proposed for recreational uses including golf courses and related facilities.
6.Identification, location and quantification of all wetland preservation, buffer areas, and
open space areas.
7.The location and size (as appropriate) of all proposed drainage, water, sewer, and other
utility provisions.
8.The location of all proposed major internal rights of way and pedestrian access ways;
Exhibit A –Proposed Administrative Code
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9.Typical cross sections for all arterial, collector, and local streets, public or private, within
the proposed SRA.
10.Identification of any WRAs that are contiguous to or incorporated within the boundaries
of the SRA.
11.Documentation or attestation of professional credentials of individuals preparing the
master plan.
Natural Resource
Index Assessment
Contents
The Assessment shall include an analysis that quantifies the number of acres by Index
Values, pursuant to LDC section 4.08.07 D.3. The Assessment shall:
1.Identify all lands within the proposed SRA that have an Index Value greater than 1.2.
2.Verify that the Index Value scores assigned during the RLSA Study are still valid through
recent aerial photography or satellite imagery or agencyapproved mapping, or other
documentation, as verified by field inspections.
3.If the Index Value scores assigned during the RLSA Study are no longer valid, document
the current Index Value of the land.
4.Quantify the acreage of agricultural lands, by type, being converted.
5.Quantify the acreage of nonagricultural acreage, by type, being converted.
6.Quantify the acreage of all lands by type within the proposed SRA that have an Index
Value greater than 1.2.
7.Quantify the acreage of all lands, by type, being designated as SRA within the ACSC, if
any.
8.Demonstrate compliance with the Suitability Criteria contained in LDC section 4.08.07
A.1.
9.Natural Resource Index Assessment Support Documentation pursuant to LDC section
4.08.07 D.4, including:
a.Legal Description, including sketch or survey;
b.Acreage calculations of lands being put into the SRA, including acreage
calculations of WRAs (if any) within SRA boundary but not included in SRA
designation;
c.RLSA Overlay Map delineating the area of the RLSA District being designated as
an SRA;
d.Aerial photograph delineating the area being designated as an SRA;
e.Natural Resource Index Map of area being designated as an SRA;
f.FLUCFCS map(s) delineating the area being designated as an SRA;
g.Listed species map(s) delineating the area being designated as an SRA;
h.Soils map(s) delineating the area being designated as an SRA; and
i.Documentation to support a change in the related Natural Resource Index
Value(s), if appropriate.
Exhibit A –Proposed Administrative Code
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Completeness and
Processing of
Application
ÙSee Chapter 1 D. for information regarding the completeness and processing steps of the
application.
After the application is filed, prehearing conferences may be held between the applicant,
the applicant’s agents, county officials, and county staff prior to the public hearing.
Review Timeframe Within thirty (30) days of receipt of the SRA Application, the applicant will be notified in writing
that the application is complete and sufficient for review. If required, the applicant shall
submit additional information.
Within twenty (20) working days of receipt of the additional information the applicant will be
notified if the application is complete.
Staff review and written comments shall be submitted to the applicant sixty (60) days after
sufficiency has been determined.
Staff shall provide a written report containing their findings and recommendations of
approval, approval with conditions or denial within ninety (90) days after sufficiency is
determined.
Notice Notification requirements are as follows. Ù See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall be
given to property owners in the notification area at least 15 days prior to the NIM
meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised Planning Commission hearing.
3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days
before each advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
a.Date, time, and location of the hearing;
b.Title of the proposed resolution;
c.Location(s) within the County where the proposed resolution and agreement
may be inspected by the public;
d.General description of the proposed land uses;
e.2 in. x 3 in. map of the project location; and
f.Notification that interested parties may appear at the meeting and be heard
with respect to the proposed resolution.
Public Hearing 1.The EAC shall hold at least 1 advertised public hearing, if required.
2.The Planning Commission shall hold at least 1 advertised public hearing.
3.The BCC shall hold at least 1 advertised public hearing.
Exhibit A –Proposed Administrative Code
Collier County Land Development Code | Administrative Procedures Manual
Chapter 2 | Legislative Procedures
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Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning
Commission.
Review Process The Zoning Division will review the application and identify whether additional materials are
needed. Staff will prepare a report pursuant to LDC section 4.08.07 E.
Staff will schedule a hearing date before the Planning Commission to present the petition.
Following the Planning Commission’s review, Staff will prepare an Executive Summary and
will schedule a hearing date before the BCC to present the petition.
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Attachment A –Proposed Administrative Code Section
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I.6 Nominal Application Process (NAP)
Reference LDC section 10.02.03 G.3. and other provisions of the LDC.
Applicability This process provides for a nominal change to a site development plan (SDP), site
improvement plan (SIP), or to an existing site in which there is no site plan. A nominal
application process shall meet the criteria identified in LDC section 10.02.03 G.3.
PreApplication A preapplication meeting is not required, but the applicant must obtain presubmittal
authorization from the Development Review Division.
Initiation The applicant files an “Nominal Application Process” application with the Development
Review Division.
ÙSee Chapter 1 D. for additional information regarding the procedural steps for
initiating an application.
Application
Contents The application must include the following:
1. Applicant contact information.
2.Property information, including:
a.Project name;
b.Most recent approved Site Plan number;
c.Section, township, and range; and
d.Property identification number.
3. Addressing checklist.
4.Determination from the County Manager or designee that confirms the requested
revisions qualify for the Nominal Application Process.
5.Cover letter describing in detail the proposed changes, including any discussions with
the assigned planner that may be pertinent to the review of the application.
7. Affidavit of Authorization.
Plan Requirements Sheet size: The plan and the cover sheet shall be prepared on a maximum size sheet
measuring 24 inches by 36 inches, showing the areas affected by the change.
The sheet must clearly show the change “clouded” and clearly delineate the
area and scope of the work to be done.
1.For projects that have an existing SDP or SIP, the NAP Plan is only required to show
the plan sheets that have changed.
2.For projects that do not have an existing SDP, SIP, etc., a cover sheet with the
following information is required:
a.The project title;
Attachment A –Proposed Administrative Code Section
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b. Applicant contact information;
c.Name, address, and telephone number of property owner;
d.Zoning designation;
e.Vicinity map clearly identifying the location of the development and its
relationship to the surrounding community; and
f.Legal description; and
g. Property identification number(s)for the subject property.
Completeness and
Processing of
Application
ÙSee Chapter 1 D. for information regarding the completeness and processing steps of
the application.
Notice No notice is required.
Public Hearing No hearing is required.
Decision Maker The County Manager or designee may approve.
Review Process The Development Review Division will review the application, identify whether
additional materials are needed and approve, approve with conditions or deny the
application utilizing the criteria identified in the applicable LDC sections.
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Attachment A Administrative Code
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A. Comprehensive Plan Amendment
Reference F.S. § 163.3177 –163.3187, 125.66 and LDC Public Notice subsection 10.03.06 E
and the Collier County Growth Management Plan (GMP).
A comprehensive plan amendment does not authorize development.
There are several categories of plan amendments, including but not limited to:
x a.SmallScale Amendment: A plan amendment that involves 10
acres or less and other criteria set out in F.S. § 163.3187(1).
o i.Generally, smallscale amendments are for maps and
may include text changes.
o ii.Smallscale amendments that involve 10 acres or less
may be sitespecific amendments.
x b.Regular LargeScale Amendment: A plan amendment that
changes the goals, objectives and policies; a map change; or any
other material in the plan, and falls within one of the categories
described in F.S. § 163.3184(2) and 163.3184(3).
o i.Regular Largescale amendments may be sitespecific
amendments.
x c.DRI Companion Amendment: A plan amendment that is directly
related to a DRI. This is processed concurrent with the DRI
application. ÙSee Chapter 3 D.3 of the Administrative Code for more
information.
PreApplication A preapplication meeting is required.
Initiation The applicant files an “Application for a Request to Amend the Collier County
Growth Management Plan” with the Comprehensive Planning Section of the
Planning and Zoning Division.
Attachment A Administrative Code
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Application
Contents
The application shall include the draft amendment text and/or map amendment
and all data and supporting materials that justify the amendment.
*Note: Refer to F.S. § 163.3163 et. seq.for State requirements.
Completeness and
Processing of
Application
The Comprehensive Planning Department will review the application for
completeness. After submission of the completed application packet
accompanied with the required fee, the applicant will receive a mailed or
electronic response notifying the applicant that the petition is being processed.
Accompanying that response will be a receipt for the payment and the tracking
number (i.e., XXX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice –
SmallScale
Amendment for
Map and/or Text
Changes
Notification requirements are as follows. Ù See Chapter 8 of the Administrative
Code for additional notice information.
1.NIM:The NIM shall be completed at least 15 days before the advertised
Planning Commission hearing. The NIM shall be advertised and a mailed
written notice shall be given to property owners in the notification area at
least 15 days prior to the NIM meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the
notification area at least 15 days before the advertised Planning Commission
hearing.
3.Newspaper Advertisement: The legal advertisements shall be published at
least 15 days before the Planning Commission and BCC public hearings dates.
The advertisements shall include at a minimum:
x a.Clear explanation of the proposed ordinance or resolution as it
affects the subject property;
x b.Date, time, and location of one or more public hearings;
x c.2 in. x 3 in. map of the project location; and
x d.The required advertisements must be at least 2 columns wide by
10 inches long, in a standard size or a tabloid size newspaper, and
the headline in the advertisements must be in a type no smaller than
18 point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements
appear. The advertisements shall be placed in a newspaper of
general paid circulation.
Attachment A Administrative Code
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4. Sign:(see format below) Posted at least 15 days prior to the advertised
Planning Commission hearing.
Notice –
LargeScale
Amendment for
SiteSpecific
Amendment
Notification requirements are as follows. Ù See Chapter 8 of the Administrative
Code for additional notice information.
1. NIM:The NIM shall be completed at least 15 days before the first advertised
Planning Commission hearing. The NIM shall be advertised and a mailed
written notice shall be given to property owners in the notification area at
least 15 days prior to the NIM meeting. The NIM is only for sitespecific
amendments.
2. Mailed Notice: Written notice shall be sent to property owners in the
notification area at least 15 days before the advertised Planning Commission
hearing.
3. Newspaper Advertisements:The legal advertisements shall be published at
least 15 days before the Planning Commission and BCC transmittal and
adoption public hearings. The advertisement shall include at a minimum:
x a.Clear explanation of the proposed ordinance or resolution as it
affects the subject property;
x b.Date, time, and location of one or more public hearings;
x c.2 in. x 3 in.map of the project location, if sitespecific; and
x d.The required advertisements must be at least 2 columns wide by
10 inches long, in a standard size or a tabloid size newspaper, and
the headline in the advertisement must be in a type no smaller than
18 point. The advertisement shall not be placed in a portion of the
Attachment A Administrative Code
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newspaper where legal notices and classified advertisements
appear. The advertisements shall be placed in a newspaper of
general paid circulation.
4.Mailed Notice:The County shall send written notice by mail to each real
property owner within the area covered by the proposed plan amendment at
least 15 days before the advertised BCC public hearing date.
5. Sign:(see format below) Posted at least 15 days prior to the advertised public
hearings. Two distinct signs shall be posted for the transmittal hearings and
the adoption hearings. The first sign shall be posted before the first Planning
Commission hearing on the GMP transmittal to DEO. A second sign shall be
posted before the Planning Commission hearing on the GMP adoption.
Notice –
Regular Large
Scale Amendment
Notification requirements are as follows. Ù See Chapter 8 of the Administrative
Code for additional notice information.
1. Newspaper Advertisements:The legal advertisements shall be published at
least 15 days before the Planning Commission and BCC transmittal and
adoption public hearings. The advertisement shall include at a minimum:
x a.Clear explanation of the proposed ordinance or resolution as it
affects the subject property;
x b.Date, time, and location of one or more public hearings;
x c.2 in. x 3 in. map of the project location, if site specific; and
x d.The required advertisements must be at least 2 columns wide by
10 inches long,in a standard size or a tabloid size newspaper, and
Attachment A Administrative Code
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the headline in the advertisement must be in a type no smaller than
18 point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements
appear. The advertisements shall be placed in a newspaper of
general paid circulation.
Public Hearings
for SmallScale
Amendment
1.The EAC shall hold at least 1 advertised public hearing, if required.
2.The Planning Commission shall hold at least 1 advertised public hearing.
3.The BCC shall hold at least 1 advertised public hearing.
Public Hearing for
Regular Large
Scale Amendment
Regular LargeScale Amendments require two sets of public hearings, transmittal
hearings and adoption hearings.
1.Transmittal Public Hearings:
x a.The EAC shall hold at least 1 advertised public hearing, if
required.
x b.The Planning Commission shall hold at least 1 advertised public
hearing.
x c.The BCC shall hold at least 1 advertised transmittal public
hearing.
2.Adoption Public Hearings:
x a.The EAC shall hold at least 1 advertised public hearing, if
required.
x b.The Planning Commission shall hold at least 1 advertised public
hearing.
x c.The BCC shall hold at least 1 advertised adoption public hearing.
Decision maker The BCC, following recommendations from both the EAC, if required, and the
Planning Commission.
Review Process 1.Transmittal of Amendment to DEO:
x a.The Comprehensive Planning Section will review the application,
identify whether additional materials are needed, prepare a Staff
Report, and schedule a hearing date before the EAC, if required, and
the Planning Commission to present the petition for review.
x b.Following the recommendation by the Planning Commission, the
Comprehensive Planning Section will prepare an Executive Summary
Attachment A Administrative Code
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and schedule a hearing date before the BCC to present the petition
for review.
x c.SmallScale Amendments are not subject to a review by DEO and
may be adopted by the BCC at the first advertised public hearing. A
Regular Largescale Amendment is reviewed by the BCC at a
transmittal hearing and if approved, the amendment is sent to DEO
and other review agencies for review in accordance with F.S. §
163.3184(3) and (4).
2.Adoption of Amendment:
x a.Following review by DEO and other review agencies, the
Comprehensive Planning Section will prepare a Staff Report, and
schedule a hearing date before the EAC, if required, and the Planning
Commission to present the amendment and comments from DEO
and other review agencies for review. Following the
recommendation by the EAC, if required, and the Planning
Commission, the Comprehensive Planning Section will prepare an
Executive Summary and schedule an adoption hearing before the
BCC. If the amendment is adopted, the amendment is sent to DEO
and the review agencies in accordance with F.S. § 163.3184(3) and
(4).
Criteria The plan amendment must be consistent with the applicable portions of the
Collier County Growth Management Plan, F.S. § 163.3164, et seq., the State
Comprehensive Plan, and the Southwest Florida Strategic Regional Policy Plan
published by the Southwest Florida Regional Planning Council.
Effective Date See F.S. § 163.3184(3) and (4).
See F.S. § 163.3191 if the plan amendment is an update that results from an
evaluation and appraisal report.
Appeals Affected persons may file an administrative challenge as described in F.S. §
163.3184(5).
Smallscale amendments may be administratively challenged pursuant to F.S. §
163.3187(5) (a).
Updated