Agenda 02/28/2023 Item #16A10 (Resolution - Amending Ordinance 2004-66 as amended, that created an Administrative Code to revise the procedures for COmpatable Use Determinations)16.A.10
02/28/2023
EXECUTIVE SUMMARY
Recommendation to approve a resolution amending Ordinance No. 2004-66, as amended, that
created an Administrative Code, to revise the procedures for Comparable Use Determinations, and
providing an effective date. This is a companion item to the LDC amendment, Accela #24529
[PL20220000207]
OBJECTIVE: To obtain Board of County Commissioners (Board) approval of the proposed amendment
to the Collier County Administrative Code for Land Development (Administrative Code).
CONSIDERATIONS: The Administrative Code provides the processes and procedures for the review of
various land use petitions or applications identified within the Land Development Code (LDC). On
October 12, 2021, the Board directed staff to bring back an LDC amendment emphasizing the need for
having the conditional use process be applied to Comparable Use Determinations ("CUDs"). It was the
Board's concern that comparable uses should be examined for comparability on a site -specific basis only
and not applied uniformly to all areas within the County sharing the same zoning district or to other
zoning classifications having higher intensities. On January 24, 2023, the Board directed staff to omit the
conditional use component of the amendment and to continue with the CUD being site specific and
compatible with the neighborhood. As such, this Administrative Code amendment shall clear any
confusion or the misapplication of the scope of a CUD, so that each request is restricted to a site -specific
location (e.g., lot, parcel, etc.) and correct any unintended consequence of expanding the CUD process
beyond for which the Board intends.
On October 11, 2022, the Board waived the nighttime hearing for the companion LDC amendment
(LDCA-PL20220000207). Prior to the Board's review, this LDC amendment was reviewed by the
Collier County Planning Commission (CCPC) on Thursday, August 18, 2022, at 5:05 p.m. There were no
public comments for this item.
The approval of this Administrative Code amendment is contingent upon the adoption of the companion
amendment to the LDC, which is also scheduled for final reading on February 28, 2023.
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC heard the
companion LDC amendment at their August 18, 2022, meeting. The Planning Commission voted
unanimously to forward the LDC amendment to the Board with a recommendation of approval.
When the LDC amendment was scheduled for the CPCC, it contained text changes that were proposed in
numerous zoning districts. However, due to internal concerns, the LDC amendment has since been
revised, in part, by eliminating those text changes. This change was made to ensure that the CUD process
is not inadvertently expanded to all zoning districts.
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAQ RECOMMENDATIONS:
The DSAC recommended approval of the companion LDC amendment on May 4, 2022. The DSAC
Land Development Review Subcommittee recommended approval on March 9, 2022, with two caveats:
that staff will look at all the overlay districts and see if any others need to be changed in accordance with
these measures and to clarify the narrative's background section in terms of how the system of allowed
comparable uses in zoning districts is described. The narrative had been revised and all overlay zoning
districts are included in the amendment.
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02/28/2023
FISCAL IMPACT: There are no anticipated fiscal impacts to Collier County, as there is no advertising
requirement for amendments to the Administrative Code.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority
vote for Board approval. If the companion LDC amendment does not pass, this change to the
Administrative Code will be withdrawn. (HFAC)
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
RECOMMENDATION: To approve the proposed Resolution amending Ordinance No. 2004-66, as
amended, the Collier County Administrative Code for Land Development and direct staff as to any
changes.
Prepared by: Eric Johnson, AICP, LDC Planning Manager, Zoning Division
ATTACHMENT(S)
1. PL20220000207 - CUD Draft Resolution (02-08-2023R) (PDF)
2. PL20220000207 - CUD ACA (02-09-2023) (PDF)
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16.A.10
02/28/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doe ID: 23269
Item Summary: Recommendation to approve a resolution amending Ordinance No. 2004-66, as amended, that
created an Administrative Code, to revise the procedures for Comparable Use Determinations, and providing an
effective date. (This is a companion to Item 17A) [PL20220000207]
Meeting Date: 02/28/2023
Prepared by:
Title: Senior Planner — Zoning
Name: Sean Kingston
10/18/2022 11:42 AM
Submitted by:
Title: Zoning Director — Zoning
Name: Mike Bost
10/18/2022 11:42 AM
Approved By:
Review:
Zoning
Eric Johnson
Additional Reviewer
Zoning
Mike Bosi
Division Director
Growth Management Department
Diane Lynch
Growth Management Department
Growth Management Department
Trinity Scott
Transportation
Growth Management Department
James C French
Growth Management
County Attorney's Office
Heidi Ashton-Cicko Level 2 Attorney of Record Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Office of Management and Budget
Laura Zautcke
Additional Reviewer
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Skipped
12/05/2022 3:46 PM
Completed
12/06/2022 7:52 AM
Completed
12/08/2022 4:57 PM
Skipped
10/24/2022 9:04 AM
Completed
12/09/2022 7:23 PM
Completed
02/08/2023 8:50 AM
Completed
02/08/2023 1:15 PM
Completed
02/09/2023 9:04 AM
Completed
02/16/2023 9:00 AM
Completed
02/22/2023 11:26 AM
02/28/2023 9:00 AM
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16.A.10.a
RESOLUTION NO.2023-
A RESOLUTION AMENDING ORDINANCE NO. 2004-66, AS
AMENDED, THAT CREATED AN ADMINISTRATIVE CODE, TO
REVISE THE PROCEDURES FOR COMPARABLE USE
DETERMINATIONS, AND PROVIDING AN EFFECTIVE DATE.
(PL20220000207]
WHEREAS, the Board of County Commissioners 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 for Land Development shall be made by resolution adopted by the Board;
and
WHEREAS, the Board desires to revise the Administrative Code for Land Development,
to revise the procedures for comparable use determinations, as detailed in Exhibit "A" attached
hereto and incorporated herein.
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 reflected in
Exhibit "A" attached hereto and incorporated herein.
This Resolution shall become effective on the date of adoption by the Board.
[22-LDS-00160/1755583/11171 1 of 2
2-8-23
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16.A.10.a
THIS RESOLUTION ADOPTED by majority vote this day of
2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
an
By:
Deputy Clerk Rick LoCastro, Chairman
Approved as to form and legality:
It � 2� �-
Heidi Ashton-Cicko 2�
Managing Assistant County Attorney
Attachments: Exhibit A: Chapter 3, Section L — Comparable Use Determination
[22-LDS-00160/1755583/11171 2 of 2
2-8-23
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16.A.10.a
Attachment A - Administrative Code
DRAFT Text underlined is new text to be added
Text strikethrough 06 GUFFent text to be deleted
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 J Quasi -Judicial Procedures with a Public Hearing
L. 0111ra 1 Use Determinatimi
Reference LDC sections 2,03,00 A, 10.02.06 K, LDC Public Notice section 10.03.06 0, LDC section
8.10.00 and F.S. §125.66.
Applicability A Comparable Use Determination may shall be used to
determine if a new use at a site -specific location is comparable in nature with the list of
permitted uses and the purpose and intent of a; e�ible; aid c
44dentified permitted uses in a standard zoning district, overlay, or PUD ordinance, and
the surrounding neighborhood.
Pre -Application A pre -application meeting is not required.
Initiation The applicant files a "Comparable Use Determination Application" with the Zoning
Division.
pSee Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Property information, including:
A. Legal description; or if the comparable use involves only part of a PUD, only
a legal description for the subject portion is required;
b. Property identification number;
c. Section, township and range;
d. Subdivision unit lot and block parcel or metes and bounds description;
e. Address of subject site and general location;
f. Size of property in feet and acres;
— S; t ef 9 4owAber
• -S+t£'-ALldress-
• g. Property owner's name; and
• h. Verification being requested.
3. A narrative statement that describes the determination request, the justification for
the use by a certified land use planner or a land use attorney and addresses the
standards within LDC section 1.0.02.06 K,2.
4. Additional materials may be requested by staff depending on the use and
justification provided.
Page 1 of 3
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16.A.10.a
Attachment A - Administrative Code
DRAFT Text underlined is new text to be added
Text WikethFough 'S GUrFent text to be deleted
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 / Quasi -Judicial Procedures with a Public Hearing
5. PUD Ordinance and Development Commitment i-Information, if applicable.
6. Electronic copies of all documents.
7. Addressing checklist.
8. Affidavit of Authorization.
9. Property Owner Disclosure Form.
Completeness The Zoning Division will review the application for completeness. After
and-RrOGes6k; cemplete4-4ppk-ation packet
of Application receive a rAa;led or electronic response notifying the applieant that the petition is being
processed. Accompanying that response will be a receipt for the payment and the
tracking number (i.e., XXPI.201200000) assigned to the petition. This
number should be noted on all future ceFrespendence regarding the petiti
Notice Notification requirements are as follows. q 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:
a. Date, time, and location of the hearing;
Y b. Description of the proposed land uses;
• c. Application number and project name;
d. PUD name and ordinance number;
e. Proposed permitted use; a -Rd
f. Description of location; and
g. 2 inch x 3 inch map of the project location.
Public Hearing -1, The Hearing Examiner or the CCPC shall hold at least 1 advertised public hearing. If
heard by CCPC, 1 BZA hearing. gSee Chapter 9 of the Administrative Code for the
Office of the Hearing Examiner procedures.
Decision Maker The Hearing Examiner or the C-CRC BZA, applying the standards in LDC section 10.02.06
K.
If the PUD ordinance language identifies the CCPC or the Planning Director (or other
similar County staff) as the authority to determine a use is comparable, compatible, and
consistent, a Staff Report will be presented to the Hearing Examiner eF the CCPC_ Decision
Maker for approval of the Comparable Use Determination.
Review Process The Zoning Division will review the application, ancl, identify whether additional materials
are needed and prepare a Staff Report to the Hearing Examiner or CCPC/BZA . Staff will
dedsion.
Page 2 of 3
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16.A.10.a
Attachment A - Administrative Code
DRAFT Text underlined is new text to be added
Text t 'L th h ' GUFFeRt text to be deleted
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 / Quasi -Judicial Procedures with a Public Hearing
Updated Resolution 'n`'�o20-203 2022-##
Page 3 of 3
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Attachment A - Administrative Code
16.A.10.b
DRAFT Text underlined is new text to be added
Text strikethrowgh is Gwrrept tex. to be deleted
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 / Quasi -Judicial Procedures with a Public Hearing
L. Comparable Use Determination
Reference LDC sections 2.03.00 A, 10.02.06 K, LDC Public Notice section 10.03.06 O, LDC section
8.10.00 and F.S. §125.66.
Applicability A Comparable Use Determination 4�ay shall be used to m ke—a dete�atiAA ;at
determine if a new use at a site -specific location is comparable in nature with the list of
permitted uses and the purpose and intent of a, G^ patibl^, and ^^risteRt .dth the 144
of i.dent4med permitted- uses Standard zoning district, overlay, or PUD ordinance
the surrounding neighborhood.
Pre -Application A pre -application meeting is fGt required.
Initiation The applicant files a "Comparable Use Determination Application" with the Zoning
Division.
<*See Chapterl D. for additional information regarding the procedural steps for initiating
an application.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Property information, including:
A. Legal description; or if the comparable use involves only part of a PUD, only
a legal description for thesubiect portion is required;
b. Property identification number;
L. Section, township and range;
d. Subdivision, unit, lot and block, parcel, or metes and bounds description;
e. Address of subject site and general location;
f. Size of property in feet and acres;
Cetp fnl*e mber•
^ c'rnd r _ c;
• g_ Property owner's name; and
• h. Verification being requested.
3. A narrative statement that describes the determination request, 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.
Packet Pg. 533
Attachment A - Administrative Code
16.A.10.b
DRAFT Text underlined is new text to be added
Text strikathi:owgh is Gwrrept tex. to be deleted
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 / Quasi -Judicial Procedures with a Public Hearing
5. PUD Ordinance and Development Commitmenti-Information, if applicable.
6. Electronic copies of all documents.
7. Addressing checklist.
8. Affidavit of Authorization.
9. Property Owner Disclosure Form.
Notice Notification requirements are as follows. c* See Chapter8of 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:
• a. Date, time, and location of the hearing;
• b. Description of the proposed land uses;
• L. Application number and project name;
• d. PUD name and ordinance number;
• e. Proposed permitted use; a4:44
• f. Description of location, and
g. 2 inch x 3 inch map of the project location.
Public Hearing The Hearing Examiner or the CCPC shall hold at least 1 advertised public hearing. If
heard by CCPC, 1 BZA hearing. <*See Chapter9 of the Administrative Code for the
Office of the Hearing Examiner procedures.
Decision Maker The Hearing Examiner or the GCPC BZA, applying the standards in LDC section 10.02.06
K.
If the PUD ordinance language identifies the CCPC or the Planning Director (or other
similar County staff) as the authority to determine a use is comparable, compatible, and
consistent, a Staff Reportwillbepresented totheHeaFi gExamine-r rthorrorDecision
Maker for approval of the Comparable Use Determination.
Review Process The Zoning Division wil I review the application,a444 identify whether additional materials
are needed, and prepare a Staff Report to the Hearing Examiner or CCPC/BZA . mill
Staff Reperr ten res e.n.t_ r., +ho nff r__e .,f rho uoaFiRg C..a., aRer er rho COP fee
dprarinn
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Attachment A - Administrative Code
16.A.10.b
DRAFT
Text underlined is new text to be added
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 / Quasi -Judicial Procedures with a Public Hearing
Updated Resolution 2020 203 2022-##
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