Agenda 11/14/2023 Item #16A 1 (Resolution - Amending Ord. 04-66 of the Administrative Code to establish the Rules of Decorum for Neighborhood Information Meetings)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
November 14, 2023
Move Item 17E to 9A: This item requires ex-parte disclosure be provided by the Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an ordinance
rezoning property from a Rural Agricultural (A) Zoning District with an Airport Zoning Overlay to a Residential
Planned Unit Development (RPUD) Zoning District with an Airport Zoning Overlay for a project known as Rock
Creek Estates RPUD to allow development of up to 15 unit single-family dwelling units, a private recreational
amenity, and a boat ramp with up to 12 private boat slips on property located west of Airport-Pulling Road, on the
south side of North Road, across the street from Terminal Drive to the Naples Airport, in Section 2, Township 50
South, Range 25 East; consisting of 11.36+/- acres. [PL20220001779] (Commissioner Hall’s request) (26488)
Move Item 17A to 9B: Recommendation to approve an Ordinance amending the Collier County Land
Development Code, to establish Rules of Decorum related to Neighborhood Information Meetings.
[PL20220008172] (This is a companion to Item 11D formerly 16.A.1) (Commissioner LoCastro’s request) (26488)
Move Item 16A1 to 11D: Recommendation to approve a resolution amending Ordinance No. 2004-66, as
amended, which created an Administrative Code to establish the Rules of Decorum for Neighborhood Information
Meetings and provide an effective date. (This is a companion to Item 9B formerly 17.A) (Commissioner LoCastro’s
request) (26488)
Move Item 16K2 to 12A: Recommendation pursuant to Collier County Resolution No. 95-632, that the Board of
County Commissioners authorize the County Attorney to help select and retain outside counsel at County expense
to represent Commissioner McDaniel, who is being sued by Naples Golf Development, LLC in a public records
dispute, and in addition to exempt the selection of outside counsel from the competitive process as permitted under
section four, subsection seven of Collier County Purchasing Ordinance No. 2020-28, as amended. (Commissioner
Saunders’ request) (26988)
Add-on Item 15B2: Staff update on the Legend Concert series at the Paradise Coast Sports Complex.
(Commissioner Saunders’ request)
Notes: .
TIME CERTAIN ITEMS:
Item 13A to be heard at 10AM: US Department of Justice and Treasury combined Equitable Sharing Agreement
and Certification County endorsement.
Item 11A to be heard at 11AM: Water, Wastewater, Irrigation Quality Water, and Wholesale Potable Water User
Rate and Fee Study.
11/29/2023 9:45 AM
11/14/2023
EXECUTIVE SUMMARY
Recommendation to approve a resolution amending Ordinance No. 2004-66, as amended, which
created an Administrative Code to establish the Rules of Decorum for Neighborhood Information
Meetings and provide an effective date. (This is a companion to Item 17.A)
____________________________________________________________________________
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 September 13, 2022, the Board directed staff to bring back an amendment to the Administrative Code to address
an expressed concern for public safety, meeting decorum, and virtual Neighborhood Information Meeting (NIM)
options. The County Attorney’s Office later determined that an ordinance amending the LDC would also be
required because some of the proposed provisions are substantive in nature and/or set policy. The Administrative
Code is only to be used in a procedural context.
On September 26, 2023, the Board discussed the staff request (then Agenda Item 16.A.1.), asking for the Board’s
direction to advertise a draft ordinance establishing the NIM Rules of Decorum at a future hearing. The central
point of the discussion centered upon the prospect of amending the LDC to make it mandatory for applicants to
provide a virtual option at NIM so that the public can attend remotely. The points from that discussion included but
were not limited to the following:
• Requiring that all NIMs provide a virtual opportunity for the public to attend remotely.
• Virtual attendance can be easily recorded.
• Concerns over civil disobedience and that attendees can potentially disrupt NIMs without
accountability.
• Concerns about special interest groups and those who reside outside the area of overwhelming
the virtual method.
• The public has a right to speak, and the virtual method helps increase public attendance,
particularly for zoning and use changes that can potentially affect a larger group of people.
The Board has the authority to request the applicant hold a second NIM if the Board determines the first is
unsuccessful, too short, incomplete, or does not otherwise meet the purpose and intent of having the NIM.
Conversely, the Board can also decide to accept a disrupted NIM, particularly if done so by a special interest group
or an unruly crowd. Staff is always available to provide input to the Board when the Board is faced with such a
decision.
The approval of this Administrative Code amendment is contingent upon the adoption of the companion
amendment to the LDC, which is on the Summary Agenda (Item 17. # 26832.).
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:
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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 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 websi te 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: 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
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11/14/2023
adoption. This item will be withdrawn if the companion Land Development Code is not adopted. (HFAC)
GROWTH MANAGEMENT IMPACT: No growth management impact is 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. PL20220008172 - NIM Draft Resolution (10-10-2023) (PDF)
2. PL20220008172 - NIM ADA (09-29-2023) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doc ID: 26867
Item Summary: Recommendation to approve a resolution amending Ordinance No. 2004-66, as amended, which
created an Administrative Code to establish the Rules of Decorum for Neighborhood Information Meetings and
provide an effective date. (This is a companion to Item 17.A)
Meeting Date: 11/14/2023
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
10/06/2023 3:21 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/06/2023 3:21 PM
Approved By:
Review:
Zoning Eric Johnson Additional Reviewer Skipped 10/06/2023 1:27 PM
Zoning Mike Bosi Division Director Completed 10/06/2023 3:32 PM
Growth Management Community Development Department Evelyn Trimino Growth Management DepartmentCompleted
10/10/2023 2:42 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
10/10/2023 2:56 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 10/10/2023 5:15 PM
Growth Management Community Development Department James C French Growth Management Completed
11/01/2023 12:28 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/01/2023 9:47 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/01/2023 10:18 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2023 10:59 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/02/2023 8:57 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/02/2023 3:52 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM
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[22-LDS-00236/1820803/1]125 1 of 2
10-10-23
RESOLUTION NO. 2023 - _____
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 EIGHT, PUBLIC NOTICE, MORE SPECIFICALLY TO
AMEND SECTION B, NEIGHBORHOOD INFORMATION MEETING
AND CHAPTER 12, ACRONYMS; 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 address decorum at neighborhood information meetings.
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: AMENDMENTS TO ADMINISTRATIVE CODE FOR LAND
DEVELOPMENT
The Administrative Code for Land Development attached as Exhibit “B” to Ordinance
No. 2013-57, is hereby amended as set forth in Exhibit A, attached hereto and incorporated
herein by reference.
SECTION TWO: EFFECTIVE DATE
This Resolution shall become effective on the date of adoption by the Board.
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10-10-23
THIS RESOLUTION ADOPTED by majority vote this ____ day of ___________, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: _______________________ By: ________________________________
Deputy Clerk Rick LoCastro, Chairman
Approved as to form and legality:
_________________________________
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A – Chapter 8, Public Notice and Chapter 12, Acronyms,
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2022
3/8/2022
Administrative Code
for Land Development
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 8 | Public Notice – Generally, Contents, Categories of Notice, and Notice Recipients
Chapter 8. Public Notice
A. Generally
Many land use decisions in the County require public notice to the general community and/or the surrounding
neighborhoods regarding an applicant’s development plans. Each Administrative Code section describes the types
of notice required, if any, for a petition or a permit. This section identifies the different types of public notice
procedures and specific information necessary to fulfill the notice requirement .
The following are the types of public notice that may be required:
• Neighborhood Information Meeting (NIM)
• Mailed Written Notice
• Newspaper Advertisement
• Posting of a Sign
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 8 | Public Notice – Generally, Contents, Categories of Notice, and Notice Recipients
B. Neighborhood Information Meeting
Purpose and
Intent
1. The purpose and intent of a Neighborhood Information Meeting (“NIM”) is to provide
the public with notice of an impending zoning application and to foster communication
between the petitioner and the public.
Applicability 1. A Neighborhood Informational Meeting ("NIM") shall be conducted when:
• a. The initial staff review and comment period on the application have has
been completed; and
• b. At least 1 5 days before t he first public hearing is held, whether it is the
Planning Commission, Hearing Examiner, the BCC, or the BZA.
2. In addition to the above, the following shall also apply for small-scale amendments
and other site-specific comprehensive plan amendments :
• a. The NIM is required before the Planning Commission transmittal hearing.
• b. A second NIM is required if the County Manager or designee determines
that a substantial change has occurred to a proposed site -specific
comprehensive plan amendment following the BCC’s transmittal hearing. The
applicant must hold the second NIM before the Planning Commission
adoption hearing.
3. If the applicant’s petition activity extends beyond 1 year from the date of the first
NIM, a second NIM will be required and shall be noticed in accordance with this
chapter.
Notice
Requirements
The NIM shall be noticed as follows:
1. Mailed Notice: Written notice shall be sent to property owners in notification area at
least 15 days before the NIM meeting.
• The applicant shall also provide written notice of the NIM to property
owners, condominium, and civic associations whose members may be
affected by the proposed land use change and who have formally requested
the county to be notified. Each mailed notice shall contain the following:
“The purpose and intent of this Neighborhood Inf ormation Meeting is to provide the
public with notice of an impending zoning application and to foster communication
between the applicant and the public. The expectation is that all attendees will conduct
themselves in such a manner that their presence w ill not interfere with the orderly
progress of the meeting.”
2. Newspaper Advertisement : The legal advertisement shall be published at least 15
days before the NIM meeting in a newspaper of general circulation. The advertisement
shall include at a minimum:
• a. Date, time, and location of the NIM meeting;
• b. Petition name, number and applicant contact info;
• c. Purpose of the NIM meeting;
• d. Description of the proposed land uses; and
• e. 2 in. x 3 in. map of the project location .
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 8 | Public Notice – Generally, Contents, Categories of Notice, and Notice Recipients
Location The applicant must arrange the location of the meeting. To promote increased participation
and convenience to the interested members of the public, all NIMs shall be conducted at a
physical location, to allow for in-person attendance, and virtually, utilizing
videoconferencing technology. The in-person location must be reasonably convenient t o the
property owners who receive the required notice. The facilities must be of sufficient size to
accommodate the expected attendance.
Conduct of
Meeting and
Decorum
1. Conduct of Meeting: The A Collier County staff planner assigned to attend the pre-
application meeting, or designee, must also shall attend the NIM and will serve as the
facilitator of record all commitments made by the applicant during the meeting while
remaining neutral and providing clarification regarding the next steps the petition must
follow in the review process , including the anticipated future public hearings that are
associated with the petition. However, the The applicant is expected to shall make a
presentation of how they intend to develop the subject property. The applicant is
required to record audio or video tape the NIM proceedings of the meeting and to
provide an audible audio/video copy to the Planning & Zoning Division Department,
including a written summary. When videoconferencing is used, it must have the
capability to capture the written comments from the attendees. These written
comments will be included in the written summary of the NIM.
The applicant must provide the following at the NIM meeting for review and
comment, including but not limited to:
• a. The proposed uses and density /intensity of the project;
• b. The proposed Master Plan, when applicable; and
• c. The current LDC zoning district uses and development regulations.
2. Decorum: The expectation is that all NIM attendees will conduct themselves in such a
manner that their presence will not interfere with the orderly progress of the meeting.
For in-person meetings, the applicant is encouraged to provide a licensed and qualified
security detail, which will be at the applicant’s expense. If the applicant or staff planner
determines the NIM cannot be completed due to the disorderly conduct of the
members of the public, the applicant shall have the right to adjourn the NIM but be
required to conduct another duly advertised NIM, either in person or via
videoconferencing technology, or both, at the applicant’s discretion.
Meeting Follow up 1. After a NIM is completed, the applicant will submit a written summary of the NIM and
any commitments that have been made to the assigned planner. These commitments
will:
• a. Become part of the record of the proceedings;
• b. Be included in the staff report for any subsequent review and approval
bodies; and
• c. Be considered for inclusion in the conditions of approval of any
applicable development order.
2. The County staff planner or designee shall promptly post the written summary and
audio/video recording of the NIM to the County’s website for public inspection.
Updated Resolution 2023-##
* * * * * * * * * * * * *
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Chapter 12. Acronyms
A – Rural Agricultural Zoning District
ACOE – Army Corps of Engineers
ACP – Agricultural Clearing Permit
ACSC – Area of Critical State Concern
ADT – Average Daily Trips
ASI – Area of Significant Influence
BCC – Board of Collier County Commissioners
BD – Boat Dock Petition
BZO – Bayshore Zoning Overlay District
BP – Business Park District
BZA – Board of Zoning Appeals
C-1 – Commercial Professional General Office District
C-2 – Commercial Convenience District
C-3 – Commercial Intermediate District
C-4 – General Commercial District
C-5 – Heavy Commercial District
CCME – Conservation and Coastal Management
Element
CCPC – Collier County Planning Commission
CCSL(P) – Coastal Construction Setback Line (Permit)
CDD – Community Development District
CEB – Code Enforcement Board
CF – Community Facility
CIE – Capital Improvement Element
CIP – Capital Improvement Program
CMO – Corridor Management Overlay
C.O. – Certificate of Occupancy
CON – Conservation Zoning District
CRD – Compact Rural Development
CSP – Conceptual Site Plan
CU – Conditional Use
DBH – Diameter at Breast Height
DEO – Department of Economic Opportunity
D.O. – Development Order
DRI – Development of Regional Impact
DSWT – Dry Season Water Table
E – Estates Zoning District
EAC – Environmental Advisory Council
EIS – Environmental Impact Statement
EPA – Environmental Protection Agency
EXP – Excavation Permit
FAC – Florida Administrative Code
FDEP – Florida Department of Environmental
Protection
FDOT – Florida Department of Transportation
FFWCC – Florida Fish & Wildlife Conservation
Commission
FIAM – Financial Impact Analysis Module
FIHS – Florida Interstate Highway System
FLUCFCS - Land Use Cover and Forms Classification
System
FLUE – Future Land Use Element
FLUM – Future Land Use Map
FP – Final Plat
FS – Florida Statutes
FSA – Flow way Stewardship Area
GC – Golf Course
GGAMP – Golden Gate Area Master Plan
GGPPOCO – Golden Gate Pkwy Professional Office
Commercial Overlay District
GMP – Growth Management Plan
GPCD – Gallons Per Capita per Day
GT – Gopher Tortoise
GTZO – Gateway Triangle Zoning Overlay District
GWP – Ground Water Protection Zone
GZO – Goodland Zoning Overlay
HSA – Habitat Stewardship Area
I – Industrial Zoning District
ICBSD – Immokalee Central Business Subdistrict
LDC – Land Development Code
LOS – Level of Service
LPA – Local Planning Agency
LSPA – Littoral Shelf Planting Area
M/F – Multi-family Use or Zoning
MH – Mobile Home
MHO – Mobile Home Overlay
MLW – Mean Low Water
MPP – Manatee Protection Plan
NBMO – North Belle Meade Overlay
NC – Neighborhood Commercial District
NIM – Neighborhood Information Meeting
NRPA – Natural Resource Protection Area
O.C. – On Center
P – Public Use District
PPL – Plans and Plat
PSI – Pounds Per Square Inch
PSP – Preliminary Subdivision Plat
PUD – Planned Unit Development
RSF – Residential Single-Family Districts
RCW – Red Cockaded Woodpecker
RFMU – Rural Fringe Mixed Use District
RLS – Request for Legal Service
RLSA(O) – Rural Lands Stewardship Area (Overlay)
RMF – Residential Multi-Family Districts
RNC – Residential Neighborhood Commercial
Subdistrict
R.O.W. – Right of Way
RSF – Residential Single-Family
SBCO – Santa Barbara Commercial Overlay District
SBR – School Board Review
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 12 | Acronyms
SDP – Site Development Plan
S/F – Single Family Use/Zoning
SFWMD – South Florida Water Management District
SIP – Site Improvement Plan
SLR – Sound Level Reduction
SRA – Stewardship Receiving Area
SSA – Stewardship Sending Area
ST – Special Treatment Zoning Overlay
ST-NAR – Special Treatment -Natural Aquifer
Recharge
SWFRPC – Southwest Florida Regional Planning
Council
TCEA – Transportation Concurrency Exception Areas
TCMA – Transportation Concurrency Management
Areas
TDR – Transfer of Development Rights
TP – Turtle Permit
TTRVC – Travel Trailer Recreational Vehicle
Campground
USFWS – United States Fish & Wildlife Service
VOB – Vehicle on the Beach Permit
VR – Village Residential Zoning District
VRP – Vegetation Removal Permit
VRSFP – Vegetation Removal & Site Fill Permit
W – Waterfront District
WRA – Water Retention Area (within RLSA)
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# # # # # # # # # # # # #
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