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Agenda 09/23/2025 Item #16A 2 (Resolution - to allow the legal noticing of neighborhood information meetings by publication on the County Clerk’s website or a printed newspaper.)9/23/2025 Item # 16.A.2 ID# 2025-2337 Executive Summary Recommendation to adopt 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 the administrative procedures to allow the legal noticing of neighborhood information meetings by publication on the County Clerk’s website or a printed newspaper. OBJECTIVE: To obtain Board of County Commissioners (Board) approval of the proposed amendment to the Collier County Administrative Code for Land Development (Administrative Code), which is a companion to a Land Development Code (LDC) amendment (PL20250000524). CONSIDERATIONS: The Administrative Code provides the processes and procedures for reviewing various land use petitions or applications identified with the LDC. On June 24, 2025, the Board approved the request staff brought forward as a consent agenda item, requesting direction to advertise and bring back an Ordinance amending the Land Development Code to allow an applicant of a land use petition that requires a Neighborhood Information Meeting (NIM), the option of advertising the NIM on the County Clerk's website, PL20250000524. This Administrative Code amendment will amend Chapter 8 (Public Notice) to allow petitioners the option of advertising their Neighborhood Information Meetings on the County's website, in lieu of or in combination with a newspaper advertisement. Approval of this Administrative Code amendment is contingent upon the adoption of the companion amendment to the LDC (see Item 17A on the Summary Agenda). If this LDC amendment is not adopted or if it is revised, this resolution will be updated accordingly. DSAC-LDR Subcommittee Recommendation: On March 18, 2025, the DSAC-LDR Subcommittee recommended approval of the companion LDC amendment, contingent upon: 1) removing "on the website" from the proposed administrative code amendment as it relates to when the public notice is first published; and 2) staff verifying that the cited Florida Statutes are correct. The presentation material included proposed edits to the Collier County Administrative Code for Land Development. DSAC Recommendation: On April 2, 2025, the DSAC recommended approval of the companion LDC amendment, including the changes presented by staff. The presentation material included proposed edits to the Collier County Administrative Code for Land Development. CCPC Recommendation: On May 15, 2025, the CCPC recommended approval of the companion LDC amendment. The presentation material included proposed edits to the Collier County Administrative Code for Land Development. FISCAL IMPACT: There are no anticipated fiscal impacts to Collier County, as there is no advertising requirement for amendments to the Adminstrative Code. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. -HFAC RECOMMENDATIONS: To adopt the proposed Resolution amending Ordinance No. 2013-57, as amended, the Collier County Administrative Code for Land Development and direct staff as to any changes. PREPARED BY: Eric Johnson, AICP, CFM, Planning Manager, Zoning Division Page 967 of 3896 9/23/2025 Item # 16.A.2 ID# 2025-2337 ATTACHMENTS: 1. Draft Resolution Page 968 of 3896 [25-LDS-00345/1956831/1]52 7-9-25 RESOLUTION NO. 2025 - _____ 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; 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, as described in Exhibit “A,” attached hereto. 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: AMENDMENT OF ADMINISTRATIVE CODE FOR LAND DEVELOPMENT The Administrative Code for Land Development, 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. Page 969 of 3896 [25-LDS-00345/1956831/1]52 7-9-25 THIS RESOLUTION ADOPTED by majority vote this ____ day of ___________, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: _______________________ By: ______________________________ Deputy Clerk BURT L. SAUNDERS, CHAIRMAN Approved as to form and legality: _________________________________ Heidi F. Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A – Administrative Code for Land Development Chapter 8, Public Notice Page 970 of 3896 EXHIBIT A Page 1 of 3 [25-LDS-00345/1956832/1]53 Text underlined is new text to be added Text strikethrough is current text to be deleted 7-8-25 Collier County Land Development Code | Administrative Procedures Manual Chapter 8| Public Notice B. Neighborhood Information Meeting Purpose and Intent Applicability 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. 1. A NIM shall be conducted when: a. The initial staff review and comment period on the application have 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 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. a. 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.” Page 971 of 3896 EXHIBIT A Page 2 of 3 [25-LDS-00345/1956832/1]53 Text underlined is new text to be added Text strikethrough is current text to be deleted 7-8-25 2. Legal Advertisement: The legal advertisement shall be published at least 15 days before the NIM meeting. 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. 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 Meeting and Decorum 1. Conduct of Meeting: A Collier County staff planner or designee shall attend the NIM and 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. The applicant shall make a presentation of how they intend to develop the subject property. The applicant is required to record the NIM proceedings and provide an audible audio/video copy to the Zoning Division, including a written summary. When video conferencing 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 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 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. Page 972 of 3896 EXHIBIT A Page 3 of 3 [25-LDS-00345/1956832/1]53 Text underlined is new text to be added Text strikethrough is current text to be deleted 7-8-25 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 2023-211 D. Legal Advertisement Applicability For applicable land use petitions, the legal advertisement shall be as follows. A copy of the legal advertisement shall be kept available for public inspection during regular business hours of the Office of Clerk to the Board of County Commissioners. The notice of proposed enactment shall include where the proposed ordinance or resolution may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance or resolution. Placement and Content The legal advertisement shall be published at least 15 days before each advertised public hearing or on the official website of Collier County, as prescribed in F.S. section 50.011 . The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Petition name, number and applicant contact info; c. Description of the proposed land uses; and d. 2 in. x 3 in. map of the project location, as applicable. Updated 2025-### Page 973 of 3896