Resolution 2021-048 RESOLUTION NO. 2021 - 4 8
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING THE
ADMINISTRATIVE CODE FOR LAND DEVELOPMENT, WHICH
WAS CREATED BY ORDINANCE NO. 2013-57, BY AMENDING
CHAPTER SIX, WAIVERS, EXEMPTIONS AND REDUCTIONS,
MORE SPECIFICALLY TO ADD SECTION M, DEVIATION
REQUESTS FOR PROJECTS IN THE GOLDEN GATE PARKWAY
OVERLAY DISTRICT (DR-GGPOD); AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners ("Board") adopted Ordinance No.
2004-66 on October 12, 2004, which created an Administrative Code for Collier County; and
WHEREAS, the Board subsequently amended Ordinance No. 2004-66 through the
adoption of Ordinance No. 2013-57 on September 24, 2013; and
WHEREAS, Ordinance No. 2013-57 provides for the adoption of Exhibit `B," the
Administrative Code for Land Development, which shall be maintained by the County Manager
or designee; and
WHEREAS, Ordinance No. 2013-57 also provides that amendments required to maintain
the Administrative Code shall be made by resolution adopted by the Board; and
WHEREAS, the Board desires to revise the Administrative Code for Land Development,
to amend application requirements for Deviation Requests for Projects in the Golden Gate
Parkway Overlay District (DR-GGPOD), as described in Exhibit"A," attached hereto.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Administrative Code for
Land Development, which was created by Ordinance No. 2013-57, is hereby amended as
follows:
SECTION ONE: AMENDMENT OF CHAPTER SIX — WAIVERS, EXEMPTIONS, AND
REDUCTIONS
Chapter Six, entitled "Waivers, Exemptions, and Reductions", of Exhibit "B,"
Administrative Code for Land Development, is hereby amended as set forth in Exhibit A,
attached hereto and incorporated herein by reference.
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2/8/21
SECTION TWO: EFFECTIVE DATE
This Resolution shall become effective on the date of adoption by the Board.
THIS RESOLUTION ADOPTED by majority vote this9i day of /1' l(,urrk, 2021.
ATTEST: BOARD F COUNTY COMMISSIONERS
CRYSTK:'KINZEE;.CLERK COLLI TY, FLO
By: By:
Deputy Clem. Penny Ta or, Chairman
Attest as to-Cbv t4 'F.-,
sion tune only.
Approved as to form and legality:
a._
Heidi As ton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A—Chapter 6, Section M, "Deviation Requests for Projects in the Golden
Gate Parkway Overlay District (DR-GGPOD)"
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2/8/21
Exhibit A — Proposed Administrative Code Section
DRAFT Text underlined is new text to be added
Text strikethrough-is current-text-to be-deleted
Collier County Land Development Code I Administrative Procedures Manual
Chapter 6 / Waivers, Exemptions, and Reductions
Chapter 6. Waivers, Exemptions, and Reductions
* * * * * * * * * * * * *
M. Deviation Requests for Projects in the Golden Gate Parkway Overlay
District (DR-GGPOD)
Reference LDC sections 2.03.07 F.,4.02.26 E.,and LDC Public Notice section 10.03.06 R.
Applicability Property owners in the GGPOD may request deviations from certain standards, as
established in LDC section 4.02.26 E.2., to allow for flexibility in building and site designs
and to support and initiate incentives for new development on vacant property or
redevelopment on existing sites.
Deviations in the GGPOD may be requested for new development or redevelopment
projects requiring an SDP,SDPA,or SIP,as established in LDC section 10.02.03,or a building
permit in the case of a sign deviation,as established in LDC section 5.06.11. Deviations may
also be requested in connection with a PPL for townhouses developed on fee simple lots
under individual ownership,as established in LDC section 10.02.04.
Initiation The applicant files a "Deviations for Projects in Golden Gate Parkway Overlay District"
application with the Zoning Division.
See Chapter 1 0. for additional information regarding the procedural steps for initiating
an application.
Pre-Application A pre-application meeting is required.
Application A deviation request made in connection with an SDP, SDPA, or SIP must include the
Contents necessary information and drawing(s) required with the Application Contents and
Requirements for a site development plan, site development plan amendment, or a site
improvement plan. ' See Chapter 41.2—1.4 of the Administrative Code.
A deviation request in connection with a sign permit must include the necessary
information and drawing(s) required with the Application Contents and Requirements for
a sign permit. w See Chapter 4 H. 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:
Exhibit A — Proposed Administrative Code Section
D RAFT Text underlined is new text to be added
Text str4icethrough+s-our-rent text-to-be-deleted
Collier County Land Development Code I Administrative Procedures Manual
Chapter 6 J Waivers, Exemptions, and Reductions
1. A narrative of the project and how it is consistent with the evaluation criteria
identified in LDC section 4.02.26 E.4.
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.
3. Project enhancements to offset or minimize the deviations shall be clearly identified.
4. Exceptions to the required Application Contents. A deviation request made in
connection with townhouses developed on fee simple lots under individual ownership must
include all items listed under Application Contents for Construction Plans and Final
Subdivision Plats in Chapter 5.D.1.of the Administrative Code,except for the following:
a. Fire Flow Test.
b. Environmental Data Requirements.
c. Traffic Impact Analysis.
d. Engineer's Report.
e. Permits.
Notice Notification requirements are as follows. a 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 first advertised hearing.
2. Newspaper Advertisement:The legal advertisement shall be published at least 15
days before each advertised hearing in a newspaper of general circulation.The legal
advertisement shall include at a minimum:
a. Date,time, and location of the hearing
b. Application number and project name;
c. 2 in.x 3 in. map of project locations
d. Requested deviations and proposed project enhancements;and
e. Description of location.
Public Hearing The Hearing Examiner or Planning Commission shall hold at least 1 advertised public
hearing. w See Chapter 9 of the Administrative Code for the Office of the Hearing
Examiner procedures.
If the petition is heard by the Planning Commission,one BZA hearing is required.
Decision maker The Hearing Examiner or BZA.
Review Process The Zoning Division will review the application and identify whether additional materials
are needed.Staff will prepare Staff Report or Executive Summary, utilizing the criteria
established in LDC section 4.02.26 E.4,to present to the decision maker.