Agenda 09/26/2023 Item #16A 1 (Amending the Land Development Code to establish the Rules of Decorum for Neighborhood Information Meetings for public hearing)09/26/2023
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise and bring back an Ordinance amending the Land Development
Code to establish the Rules of Decorum for Neighborhood Information Meetings for a public hearing.
OBJECTIVE: To direct staff to advertise and bring back an Ordinance amending the Land Development Code
(LDC) for a public hearing to establish the Rules of Decorum for Neighborhood Information Meetings.
CONSIDERATIONS: In 2001, Collier County first adopted Neighborhood Information Meeting (NIM)
provisions into the LDC for meetings, known then as public informational meetings. Under the current LDC, NIMs
are mandatory for many types of land use petitions (e.g., Rezones, Conditional Uses, Planned Unit Development
amendments, new Stewardship Receiving Areas, etc.) and are to be held at least 15 days prior to the first public
hearing.
On September 13, 2022, Agenda Item 16.A.1, the Board of County Commissioners (Board) directed staff to bring
back an amendment to the Administrative Code to address an expressed concern for public safety, meeting
decorum, and virtual NIM options. The executive summary for that item (see Exhibit B) contained details of a then-
recently held NIM that was forced to adjourn due to the disorderly conduct of some of t he attendees. Below is an
excerpt from the executive summary describing the circumstances:
“The Board discussion centered on a NIM for a current PUD Rezone petition at Collier
Boulevard and Vanderbilt Beach Road that was abruptly ended due to a minority pe rcentage of
attendees who were disruptive with abusive language, threatening statements and refused to
allow the rest of the attendees to hear the project’s details. This created a situation where the
crowd began to argue internally, and fearing further escalation into physical confrontation, the
meeting was terminated.”
The executive summary also contained five proposed “modification” ideas designed to address these expressed
concerns. Staff used these ideas as a general guide when developing the proposed LDC and Administrative Code
changes. When staff initially presented the five ideas to the Board, it was thought that only changes to the
Administrative Code would be necessary. However, after collaborating with the County Attorney’s Office, it has
been determined that an ordinance amending the LDC would also be required because some of the proposed
provisions are substantive in nature and/or sets policy, and the Administrative Code is only to be used in a
procedural context. As part of the proposed LDC and Administrative Code changes, staff has included purpose and
intent language for the NIM to help formalize and provide perspective on why NIMs are required.
A parallel effort to increase the level of decorum at the Board level had been undertaken by t he County Attorney’s
Office. On June 14, 2022, the Board requested that the County Attorney’s Office draft an ordinance to increase the
level of decorum at Board meetings, and on June 28, 2022, the Board directed the County Attorney to advertise and
bring back a proposed ordinance. On September 13, 2022, the Board adopted Ordinance 2022-34, which authorizes
the Chairman to better deal with disorderly persons.
DSAC RECOMMENDATION: On January 17, 2023, the Development Services Advisory Committee-Land
Development Review (DSAC-LDR) Subcommittee recommended approval of the LDC amendment and companion
amendment to the Administrative Code, contingent upon the following:
1. Reword LDC section 10.03.05 A.3., from “The purpose of the intent of a NIM is to provide the public with
notice of an impending land use petition and to foster communication and collaboration between the
petition and the public” by deleting “and collaboration” from the sentence (page 3, line 18).
2. Modify the first paragraph of Conduct of Meeting and Decorum in the Administrative Code to indicate the
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following: The applicant is required to record the NIM proceedings and provide an audio or audio/video
copy to the Zoning Division, including a written summary.
3. The Board should consider some punitive action to those who disrupt the NIM and cause it to be canceled.
On February 1, 2023, the DSAC recommended approval of the LDC amendment and companion amendment to the
Administrative Code, contingent upon the following:
1. Reword the Rules of Decorum by deleting “and collaboration” from the sentence: “The purpose and intent
of a NIM is to provide the public with notice of an impending land use petition and to foster
communication and collaboration between the petitioner and the public.”
2. Allowing NIMs to be held virtually, in person, or both virtually/in person.
3. Reword the Rules of Decorum by deleting “to ensure the safety of all attendees” in the sentence: “The
petitioner is encouraged to provide a security detail, which will be at the petitioner’s expense to ensure the
safety of all attendees.” In addition, delete the following sentence in the Rules of Decorum: “The petitioner
may request the security detail to remove a disorderly person.”
CCPC RECOMMENDATION: On June 1, 2023, the Collier County Planning Commission (CCPC) unanimously
recommended approval, contingent upon requiring the initial NIM to be held in person and requesting that staff
update both amendments to address their suggested changes, including but not limited to the following: allowing
the second NIM (when necessary) to be held virtual-only; eliminating the text that would require the applicant to
provide reasonable accommodations for disabled people; requiring an audible copy of the audio/video recording of
the NIM and that it (and/or a written summary) be promptly provided to staff to post onto the County’s website for
public inspection; capturing written comments when videoconferencing is used; defining “attendees” as members
of the public; assigning the applicant as the decision maker to determine if a NIM should be adjourned; and
ensuring that security detail personnel are licensed and qualified. The amendments are to return to the CCPC on the
consent agenda.
On August 17, 2023, the LDC amendment and companion amendment to the Administrative Code returned to the
CCPC on the consent agenda. The CCPC recommended approval of the non-substantive changes, including
additional edits, along with the changes requested by staff at the meeting, generally summarized as follows:
• Modify the portion of the staff report dedicated to the CCPC recommendation by
striking out “/or” to clarify and ensure that the County continues to require written
summaries of NIMs, which are to be provided by the applicants.
• In the Administrative Code, modify Meeting Follow-up by striking out “/or” to clarify
and require the applicant to provide an audio/video recording of each NIM.
• Include a hyphen between “in” and “person” so that it indicates “in-person.”
FISCAL IMPACT: The NIMs are conducted entirely at the petitioner’s expense, and as such, there are no
anticipated fiscal impacts to the County, except for the cost of advertising an ordinance amending the LDC. The
cost associated with advertising the Ordinance is estimated at $1,008.00. Funds are available within the
Unincorporated Area General Fund (111), Zoning & Land Development Cost Center (138319).
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
direction to advertise. (HFAC)
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
RECOMMENDATION: To direct staff to advertise and bring back an Ordinance amending the LDC for a public
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hearing.
Prepared by: Eric L. Johnson, AICP, LDC Planning Manager, Zoning Division
ATTACHMENT(S)
1. Ordinance - 082423 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doc ID: 24667
Item Summary: Recommendation to direct staff to advertise and bring back for a public hearing, an Ordinance
amending the Land Development Code, to establish Rules of Decorum for Neighborhood Information Meetings
Meeting Date: 09/26/2023
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
08/23/2023 2:48 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
08/23/2023 2:48 PM
Approved By:
Review:
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
08/23/2023 6:12 PM
Zoning Mike Bosi Division Director Completed 08/29/2023 8:01 AM
Growth Management Community Development Department James C French Growth Management Completed
08/29/2023 3:17 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/30/2023 8:22 AM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
09/01/2023 2:29 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/30/2023 10:39 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/01/2023 2:34 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/01/2023 3:29 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/18/2023 2:32 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/26/2023 9:00 AM
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE AND ZONING ATLAS, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO
ESTABLISH THE RULES OF DECORUM RELATED TO
NEIGHBORHOOD INFORMATION MEETINGS, BY PROVIDING FOR
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT;
SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWNG: CHAPTER TEN APPLICATION, REVIEW, AND
DECISION.MAKING PROCEDURES, INCLUDING SECTION 10.03.05
REQUIRED METHODS OF PROVIDING PUBLIC NOTICE; SECTION
FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION
IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
sEcTroN srx, EFFECTTVE DATE. apL202200081721
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 0441, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18,2004; and
WHEREAS, on March '18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97 -177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold an advertised public hearing on June 1, 2023, and reviewed the proposed
amendments for consistency with the Comprehensive Plan and did recommend approval; and
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ORDINANCE NO. 2023 -
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WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on 2023, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendmenls to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Managemenl Plan as required
by Subsections 163.3194(1) and 163.3202(1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. S 163.3161 ef seq.), and F.S. S 125.01(1Xt) and (1Xw); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. Vlll, $ 1 (g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE lT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1, Collier County, pursuant to $ 163.3161, et seg., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular
S 163.3202(1), F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201 , F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
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enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovalive land development regulations.
6. On January 1 0, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of $ 163.3161 ef seq., F.S.
7. Section 163.3194(1Xa), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan or element shall be consistent
with such comprehensive plan or element as adopted.
8. Pursuant to S 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3Xb), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densilies, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, '1991 , Collier County adopted the Collier County Land
Development Code, which became effectrve on November 13, 1991. The Land Development
Code adopted in Ordinance 91-1 02 was recodified and superseded by Ordinance 04-4'1 .
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
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facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economac resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. lt is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
A. Section 10.03.05, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
10.03.05 - Required Methods of Providing Public Notice
This section shall establish the required methods of providing public notice. Chapter 8 of the
Administrative Code shall establish the public notice procedures for land use petitions.
Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section
10.03.0s B.
2. Newspaper Advertisement prior to the NIM
intent of a NIM is to
notace of an impendinq land use oetition and to foster communication between
the petitioner and the oublic. All NlMs shall be conducted at a ohl/sical location
to allow for in-person attendance. To oromote increased particiDation and
convenience to the interested members of the oublic. it shall be at the petitioner's
discretion to also utilize communications media technoloqv, such as video
conferencinq. at the NlM. to suDplement the in-Derson meetinq method. The
expectalion is that all NIM attendees will conduct themselves in such a manner
rh at their o resen will not interfere with the orderlv orooress of the meetinq. ForCE
in-oerson meetinos. the oetitioner is encoura qed to Drovide a licensed and
qualified security detail. which will be at the oetitioner's exDense. lf the petitioner
rmt N I t\,'l nn m due th
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th
SUBSECTION 3.A. AMENDMENTS TO SECTION
Neighborhood lnformation Meetings (NlM). Neighborhood lnformation lvleetings, when
whe+e required, shall be held prior to the first public hearing, anC noticed as follows.gllL
subiect to the Rules of Decorum:
1
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members of the public. the petitioner shall have the rioht to adjourn the NIM and
be reouired to conduct another dulv advertised NlM. either in person or via
communications media technoloqv. or both. at the Detitioner's discretion.
B Mailed Notice
1 Where required, Mailed Notice shall be sent to property owners in the
notification area as follows:
d Notices shall also be sent to property owners and condominium
and civic associations whose members may be impacted by the
proposed land use changes and who have formally requested the
county to be notified. A list of such organizations must be provided
and maintained by the County, but the applicant must bear the
responsibility of ensurino insu+ing that all parties are notified.
SECTION FOUR: CONFLICT AND SEVERABILITY
ln the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. ln the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. lf any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day ot _,2023.
ATTEST:
CRYSTAL K, KINZEL, CLERK
By:
, Deputy Clerk
Approved as to form and legality.
Heidi Ashton-Cicko
Managing Assistant County Attorney
04{MD-0 r 077/_(_/_/_)
22 -LDS 4023 6 / U 108D3 t23)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Rick LoCastro, Chairman
n(13
6
))
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