Agenda 09/27/2022 Item #16A12 (Ordinance - Amending the Land Development Code)09/27/2022
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise and bring back for a public hearing at the October 25,
2022, Board Meeting, an Ordinance amending the Land Development Code, to change the mailed
notification area for variance applications for properties located in both the Rural and Urban
Golden Gate Estates Sub-Elements of the Golden Gate Area Master Plan.
OBJECTIVE: To direct staff to advertise and bring back for a public hearing at the October 25, 2022,
Board Meeting, an Ordinance amending the Land Development Code (LDC), to change the mailed
notification area for variance applications for properties located in both the Rural and Urban Golden Gate
Estates Sub-Elements of the Golden Gate Area Master Plan.
CONSIDERATIONS: For land use petitions, the County’s LDC and Administrative Code for Land
Development (Administrative Code) prescribe the requirements for providing public notice. One of the
requirements is the mailed notice (LDC section 10.03.05 B.).
Prior to 2021, the distance for mailed public notice requirement was 500 feet for properties located in the
urban designated area of the Future Land Use Element of the Growth Management Plan (GMP). For all
other areas, mailed notices were sent to property owners within 1,000 feet of a subject property.
However, on July 13, 2021, the mailed notice requirements for all other areas changed when Ordinance
2021-25 was adopted. This new ordinance increased the distance requirement, from 1,000 feet to 1 mile,
for all properties located in areas designated within the Rural and Urban Golden Gate Estates Sub-
Element of the GGAMP.
On June 14, 2022, the Board directed staff to change the distance of the mailed notice, from 1 mile to
1,000 feet, but only for variance applications on lands located in the Rural and Urban Golden Gate Estates
Sub-Elements of the GGAMP. It was reasoned that variance applications are typically minor and
localized in nature (e.g., encroachments into a side or rear yard that may affect only an adjoining property
or a few others) and are not anticipated to have major impacts to public infrastructure, such as to the
transportation system or stormwater management, as potentially would a rezoning application, conditional
use request, or GMP amendment.
This LDC amendment will have a companion amendment to the Administrative Code.
DSAC RECOMMENDATION: The Development Services Advisory Committee (DSAC) reviewed the
amendment on August 3, 2022, and recommended approval of the amendments as presented.
CCPC RECOMMENDATION: The Collier County Planning Commission unanimously recommended
approval of the proposed LDC amendment on September 15, 2022. Staff’s presentation included slides
illustrating/indicating the applicable areas of the LDC amendment, including the designations, districts,
and subdistricts of the Rural & Urban Sub-Elements of the Golden Gate Area Master Plan.
FISCAL IMPACT: There are no anticipated fiscal impacts to Collier County.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. -DDP
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
RECOMMENDATION: To direct staff to advertise and bring back for a public hearing on October 25,
2022, an Ordinance amending the LDC.
Prepared by: Eric L. Johnson, AICP, LDC Planning Manager, Zoning Division
ATTACHMENT(S)
1. Ordinance - 091622(4) (PDF)
16.A.12
Packet Pg. 749
09/27/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 22671
Item Summary: Recommendation to direct staff to advertise and bring back for a public hearing
at the October 25, 2022, Board Meeting, an Ordinance amending the Land Development Code, to change
the mailed notification area for variance applications for properties located in both the Rural and Urban
Golden Gate Estates Sub-Elements of the Golden Gate Area Master Plan.
Meeting Date: 09/27/2022
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
07/29/2022 12:05 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
07/29/2022 12:05 PM
Approved By:
Review:
Zoning Mike Bosi Zoning Director Review Completed 08/08/2022 2:51 PM
Growth Management Department James C French Growth Management Department Completed 08/09/2022 2:09 PM
Growth Management Department James C French Growth Management Completed 08/09/2022 2:09 PM
Planning Commission Diane Lynch Additional Reviewer Completed 08/15/2022 5:06 PM
County Attorney's Office Derek D. Perry Additional Reviewer Completed 08/18/2022 2:55 PM
Office of Management and Budget Laura Zautcke Level 3 OMB Gatekeeper Review Completed 08/18/2022 5:27 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/18/2022 5:27 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2022 11:14 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/21/2022 4:47 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/27/2022 9:00 AM
16.A.12
Packet Pg. 750
16.A.12.a
Packet Pg. 751 Attachment: Ordinance - 091622(4) (22671 : Direction to Advertise LDC Amendment)
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Packet Pg. 752 Attachment: Ordinance - 091622(4) (22671 : Direction to Advertise LDC Amendment)
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Packet Pg. 753 Attachment: Ordinance - 091622(4) (22671 : Direction to Advertise LDC Amendment)
16.A.12.a
Packet Pg. 754 Attachment: Ordinance - 091622(4) (22671 : Direction to Advertise LDC Amendment)
16.A.12.a
Packet Pg. 755 Attachment: Ordinance - 091622(4) (22671 : Direction to Advertise LDC Amendment)