Agenda 07/22/2008 Item #16A16Agenda Item No. 16A16
July 22, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Request approval by the Board of County Commissioners to extend the Site Development
Plan (SDP) approval time limit from 2 years to 3 years when construction has not begun
and to extend the time limit from 18 months to 30 months when construction has begun for
projects currently approved but outside the timeframe as being proposed by the
amendment to the Collier County Land Development Code, Section 10.02.03, Submittal
Requirements for Site Development Plans.
OBJECTIVE:
To request that the Board of County Commissioners (Board) extend the SDP approval time limit
from 2 years to 3 years when construction has not begun and to extend the time limit from 18
months to 30 months when construction has begun for projects currently approved but outside
the timeframe as being proposed by the amendment to the Collier County Land Development
Code, Section 10.02.03, Submittal Requirements for Site Development Plans.
CONSIDERATIONS:
The downturn in the housing market has caused many projects that have already received SDP
approval to be put on hold by the developer. Under existing LDC provisions, the SDP approval
for these projects will expire in 2 years. The attached LDC amendment being proposed as part of
the current LDC cycle proposes that the base term of approval be extended to 3 years to allow
the developer to work under the same approval if economic circumstances permit. This
amendment is proposed to prevent any undue hardship that may be placed upon a permittee by
having to go through the time and expense of another project submittal once it becomes
economically feasible to proceed with the approved project.
The LDC currently identifies SDP approval time limits within which construction must begin,
and also limits within which construction of infrastructure improvements, once begun, must be
completed. The following projects have exceeded their respective time limits or will exceed
them prior to the scheduled LDC hearings before The Board of County Commissioners and the
Collier County Planning Commission and as such could not be deemed extended under a zoning
in progress ruling. Two projects have begun construction but did not complete infrastructure
improvements prior to expiration. Four projects have expired, or will expire, without beginning
construction, between March 1, 2008 and October 30, 2008. These are identified below.
Projects which have begun but not completed infrastructure improvements prior to
expiration:
Palazzo Village (SDP AR 9126)
Final Approval Letter sent on August 21, 2006
Pre - construction conference held on January 3, 2007
Expiration based on 18 -month time frame (from pre - construction conference) June 3,
2008; however, approved for an administrative extension to October 3, 2008
Agenda Item No. 16A16
July 22, 2008
Page 2 of 7
Proposed extension of one year to October 3, 2009
Trafford Isles (SDP AR 9664)
Final Approval Letter sent on January 3, 2007
Pre - construction conference held on January 7, 2007
Expiration based on 18 -month time frame (from pre - construction conference) July 12.,
2008
Proposed extension of one year to July 12, 2009
Projects which have expired or will expire before October 30, 2008:
Thomasson Village (SDP AR 8414)
Final approval letter sent on July 19, 2006
Expiration date, July 19, 2008
Proposed extension of one year to July 19, 2009
Meridian Market Place (SDP AR 8415)
Final approval letter sent on August 14, 2006
Expiration date, August 14, 2008
Proposed extension of one year to August 14, 2009
Rollsecure Shutters (SDP AR 9741)
Pre - approval letter sent on July 20, 2006
Expiration date, July 20, 2008
Proposed extension of one year to July 20, 2009
Canopy Place (SDP AR 7927)
Pre - approval letter sent on July 31, 2006
Expiration date, July 31, 2008
Proposed extension of one year to July 31, 2009
The developers for each of these projects is requesting that the Board extend the timeframes of
the SDPs and in doing so, recognize the special economic circumstances and due to significant
impact of the economic downturn being experienced by the development and construction
industry throughout the county, that the granting of the extension of the construction timeframes
are warranted and justified.
In addition, staff request that the Board grant the Administrator, CDES, the authority to approve
the extension of any other plans or plats identified by an applicant as needing an extension
between now and the later of (1) approval of the proposed LDC amendment, or (2) October 30,
2008.
FISCAL IMPACT:
E
Agenda Item No. 16A16
July 22, 2008
Page 3 of 7
Extending the timeframe for these projects will allow these projects to remain active and in
doing so save the applicants any re- application and review fees and will avoid any requirement
by the Community Development and Environmental Services Division to refund any fees paid
but not yet expended for the conduct of required inspections.
GROWTH MANAGEMENT IMPACT:
This request has no Growth Management Impact.
LEGAL CONSIDERATIONS: This item has been reviewed for legal sufficiency and is
legally sufficient for Board action. JW
STAFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the request to extend the
timeframe of the Site Development Plans as noted, and that the Board grant the Administrator,
ODES, the authority to administratively extend any other requests that fall within the conditions
of the proposed LDC amendment between now and the approval of the proposed LDC
amendment.
Prepared bv:
Joseph K. Schmitt, Administrator, CDES
3
Agenda Item No. 16A16
July 22, 2008
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4:914 $tFk8lhF8W@h IS MWFFSAtte-W i9- be d-8-18-led
Bold text indicates a defined term
LDC Amendment Reouest
ORIGIN: CDES
AUTHOR: Stan Chrzanowski, PE
DEPARTMENT: Engineering and Environmental Services
AMENDMENT CYCLE: 2008 Cycle 1
LDC PAGE: LDC10:46
LDC SECTION(S): 10.02.03 Submittal Requirements for Site Development Plans
CHANGE: To extend SDP approval time limit from 2 years to 3 years when
construction has not begun and to extend time limit from 18 months to 30 months when
construction has begun. Addition of a possible one -year extension of original approval to
be granted by the County Manager or designee.
REASON: The downturn in the housing market has caused many projects that have
already received SDP approval to be put on hold by the developer. Under existing LDC
provisions, the SDP approval for these projects will expire in 2 years. This LDC
amendment proposes that the base term of approval be extended to 3 years to allow the
developer to work under the same approval if economic circumstances permit. This
amendment is proposed to prevent any undue hardship that may be placed upon a
permittee by having to go through the time and expense of another project submittal once
it becomes economically feasible to proceed with the approved project.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: 9.03.00 Nonconformities and 9.03.01
Generally.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTESNERSION DATE: Created November 30, 2007. Revised March
11, 2008.
Amend the LDC as follows:
9.03.00 Nonconformities
9.03.01 Generally
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Agenda Item No. 16A16
July 22, 2008
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Bold text indicates a defined term
C. Vested projects. To avoid undue hardship, nothing in the LDC shall be deemed
to require a change in the plans, construction, or designated use of a building or
property on which a building permit had been applied for prior to the effective
date of adoption of relevant amendment of the LDC. In addition, nothing in the
LDC shall be deemed to require a change in the plans, construction, or
designated use of any property for which a development plan was lawfully
required and approved prior to the effective date of adoption of relevant
amendment of the LDC, provided that such plan shall expire twe (2) 3 years from
the date of said approval,
nd
thereafter, all development shall be in accordance with the zoning regulations
then in effect. Any such approved plat or plan may be amended by approval of
the BCC, pursuant to section 10.02.03 of the LDC, provided the degree of
nonconformity with the LDC shall not be increased.
10.02.03 Submittal Requirements For Site Development Plans
} } } } } }
B. Final site development plan procedure and requirements
4. Site development plan time limits for review, approval and construction.
a. Site development plans (SDPs), once accepted for review, will
remain under review so long as a re- submittal in response to a
county reviewer's comments is received within 270 days of the
date on which the comments were sent to the applicant. If a
response is not received within this time, the for site development
plan review will be considered withdrawn and cancelled. Further
review of the project will require a new application subject to the
then current code.
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- - -�.
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n. b.
Agenda Item No. 16A16
July 22, 2008
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Bold text indicates a defined term
date of the SDP amendment approval letter.
A one time 1 -year extension of the 3 -Year limit of the
approved SDP or the approved SDP amendment may be
granted Applications for
an extension must be made to the planning manager with
the appropriate processing /administrative fee.
C. Once construction has commenced the approval term shall be
determined as follows. The construction of infrastructure
improvements approved by under an SDP shall be completed,
and the rp oiect engineer's completion certificate provided to the
Eengineering and Environmental Sservices Ddirector, within a$ 30
months of the pre- construction conference, i.e., commencement of
construction. A single, G* 12-month extension to complete
construction may be granted for good cause shown—,4f. A written
request shall be submitted to, and approved by the Eengineering
and Environmental Sservices Ddirector prior to expiration of the
SDP or SDP amendment approval term. Thereafter, the SDP or
SDP amendment approval term expires and is of no force or
effect.
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Agenda Item No. 16A16
July 22, 2008
Page 7 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A16
Item Summary: Request approval by the Board of County Commissioners to extend the Site Development
Plan (SDP) approval time limit from 2 years to 3 years when construction has not begun and
to extend the time limit from 18 months to 30 months when construction has begun for
projects currently approved but outside the timeframe as being proposed by the amendment
to the Collier County Land Development Code.. Section 10.02.03. Submittal Requirements for
Site Development Plans.
Meeting Date: 7/22/2008 9.00.00 AM
Prepared By
Community Development &
Joseph K. Schmitt
Environmental Services Adminstrator
Date
Community Development &
Community Development 8
719!2008 8:26:50 AM
Environmental Services
Environmental Services Admin.
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
Environmental Services
Environmental Services Admin.
7/912006 12:09 PM
Approved By
Community Development &
Joseph K. Schmitt
Environmental Services Adminstrator
Date
Community Development &
Community Development &
7/9/2006 2:49 PM
Environmental Services
Environmental Services Admin.
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney Office
719/2008 4:10 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/9/2008 4:28 PM
Approved By
Mark lsackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
71912008 5:53 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
7/9/2008 6:06 PM
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