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Resolution 2023-211 RESOLUTION NO. 2023 - 211 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. [22-LDS-00236/1820803/11125 1 of 2 10-10-23 THIS RESOLUTION ADOPTED by majority vote this I'day of No VFalkI, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS cwicgTAL,K. KINZEL, CLERK COLLIER COUNTY, FLORIDA w By.• � By. l eAeAric fe Lint as to Chairman's Rick LoCastro, hairman .... e.r' signature only. Apprt velc'as to form and legality: kol, V He_di Ashton-Cicko 10-10-23 Managing Assistant County Attorney Attachments: Exhibit A—Chapter 8, Public Notice and Chapter 12, Acronyms, [22-LDS-00236/1820803/1]125 2 of 2 10-10-23 EXHIBIT A 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 Page 1 of 5 B. Neighborhood Information Meeting Purpose and 1. The purpose and intent of a Neighborhood Information Meeting("NIM") is to provide Intent the public with notice of an impending zoning application and to foster communication between the petitioner and the public. Applicability 1. A "NIML)shall be conducted when: • a. The initial staff review and comment period on the application have#1as been completed;and • b. At least 15 days before the 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 The NIM shall be noticed as follows: Requirements 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 Information 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 will 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. Page 2 of 5 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 to the property owners who receive the required notice. The facilities must be of sufficient size to accommodate the expected attendance. Conduct of 1. Conduct of Meeting: The A Collier County staff planner assigned to attend the pre Meeting and application meeting,or designee,must also shall attend the NIM and will serve as the Decorum 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, i•iowever, 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-## * * * * * * * * * * * * * Page 3of5 FIHS—Florida Interstate Highway System FLUCFCS-Land Use Cover and Forms Classification Chapter 12. Acronyms System FLUE—Future Land Use Element A—Rural Agricultural Zoning District FP—F—Future Land Use Map FP—Final Plat ACOE—Army Corps of Engineers FS—Florida Statutes ACP—Agricultural Clearing Permit FSA—Flow way Stewardship Area ACSC—Area of Critical State Concern GC—Golf Course ADT—Average Daily Trips GGAMP—Golden Gate Area Master Plan ASI—Area of Significant Influence GGPPOCO—Golden Gate Pkwy Professional Office BCC—Board of Collier County Commissioners Commercial Overlay District BD—Boat Dock Petition GMP—Growth Management Plan BZO—Bayshore Zoning Overlay District GPCD—Gallons Per Capita per Day BP—Business Park District GT—Gopher Tortoise BZA—Board of Zoning Appeals GTZO—Gateway Triangle Zoning Overlay District C-1—Commercial Professional General Office District GWP—Ground Water Protection Zone C-2—Commercial Convenience District GZO—Goodland Zoning Overlay C-3—Commercial Intermediate District HSA—Habitat Stewardship Area C-4—General Commercial District I—Industrial Zoning District C-5—Heavy Commercial District ICBSD—Immokalee Central Business Subdistrict CCME—Conservation and Coastal Management LDC—Land Development Code Element LOS—Level of Service CCPC—Collier County Planning Commission CCSL(P)—Coastal Construction Setback Line(Permit) LPA—Local Planning Agency CDD—Community Development District LSPA—Littoral Shelf Planting Area CEB—Code Enforcement Board M/F—Multi family Use or Zoning CF—Community Facility MH—Mobile Home CIE—Capital Improvement Element MHO—Mobile Home Overlay CIP—Capital Improvement Program MLW—Mean Low Water CMO—Corridor Management Overlay MPP—Manatee Protection Plan C.O.—Certificate of Occupancy NBMO—North Belle Meade Overlay CON—Conservation Zoning District NC—Neighborhood Commercial District CRD—Compact Rural Development NIM—Neighborhood Information Meeting CSP—Conceptual Site Plan NRPA—Natural Resource Protection Area CU—Conditional Use O.C.—On Center DBH—Diameter at Breast Height P—Public Use District DEO—Department of Economic Opportunity PPL—Plans and Plat D.O.—Development Order PSI—Pounds Per Square Inch DRI—Development of Regional Impact PSP—Preliminary Subdivision Plat DSWT—Dry Season Water Table PUD—Planned Unit Development E—Estates Zoning District RSF—Residential Single-Family Districts EAC—Environmental Advisory Council RCW—Red Cockaded Woodpecker EIS—Environmental Impact Statement RFMU—Rural Fringe Mixed Use District EPA—Environmental Protection Agency RLS—Request for Legal Service EXP—Excavation Permit RLSA(0)—Rural Lands Stewardship Area (Overlay) FAC—Florida Administrative Code RMF—Residential Multi-Family Districts FDEP—Florida Department of Environmental RNC—Residential Neighborhood Commercial Protection Subdistrict FDOT—Florida Department of Transportation R.O.W.—Right of Way FFWCC—Florida Fish&Wildlife Conservation RSF—Residential Single Family Commission SBCO—Santa Barbara Commercial Overlay District FIAM—Financial Impact Analysis Module SBR—School Board Review Page 4 of 5 SDP—Site Development Plan TCMA—Transportation Concurrency Management S/F—Single Family Use/Zoning Areas SFWMD—South Florida Water Management District TDR—Transfer of Development Rights SIP—Site Improvement Plan TP—Turtle Permit SLR—Sound Level Reduction TTRVC—Travel Trailer Recreational Vehicle SRA—Stewardship Receiving Area Campground SSA—Stewardship Sending Area USFWS—United States Fish&Wildlife Service ST—Special Treatment Zoning Overlay VOB—Vehicle on the Beach Permit ST-NAR—Special Treatment-Natural Aquifer VR—Village Residential Zoning District Recharge VRP—Vegetation Removal Permit SWFRPC—Southwest Florida Regional Planning VRSFP—Vegetation Removal&Site Fill Permit Council W—Waterfront District TCEA—Transportation Concurrency Exception Areas WRA—Water Retention Area (within RLSA) * * * * * * * * * * * * * # # # # # # # # # # # # # Page 5 of 5