Ordinance 91-041 AL ORDINANCE AMENDING ORDINANCE NUMBER 90-23,
T~E COLLIER COUNTY ZONING REEVALUATION
ORDII~ANCE AS AMENDED, BY AMEMDING SECTION
10.4, REVIE%~ AND DETERMINATION BY GROWTH
PI~NNING DIRECTOR, TO REQUIRE THE POSTING OF
PROPOSED COMPATIBILITY EXCEPTION DECISIONS
FOR A PERIOD OF TEN DAYS PRIOR TO THEIR
RELEASE; AMENDING SECTION 10.5, APPEAL TO THE
BOARD OF COUNTY COMMISSIONERS, TO PERMIT ANY
COLLI ER COUNTY 'RESIDENT OR REAL PROPERTY
OWNER TO APPEAL OR INTERVENE IN THE APPEAL OF
AME~DING SECTION 11.8, APPEAL TO BOARD OF
COUNTY COM/~ISSIONERS, TO PERMIT ANY PARTY TO
RIGHTS APPLICATIONS TO APPEAL THE HEARING
OFFICER' S DECISION TO THE BOARD; AMENDING
SECTION 13, APPEALS, TO ALLOW ANY PARTY TO AN ~. ~.~%~/
APPEAL OF A COMPATIBILITY EXCEPTION OR VESTED
RIGHTS DETERMINATION TO APPLY TO THE CIRCUIT
COURT HAVING JURISDICTION IN COLLIER COUNTY
FOR JUDICIAL RELIEF; BY PROVIDING FOR
CONFLICT AND SEVERABILITY; AND BY PROVIDING
AN EFFECTIVE DATE.
WHi~REAS. in July, 1990 a petition was filed by James K.
Kessler and the Citizens Political Committee with the
DiviSion of Administrative Hearings challenging the Growth
Management Plan remedial amendments, specifically Policies
3.1 K, 5.1., 5.9 and 5.10 of the Future Land Use Element,
prepared pursuant to the Stipulated. Settlement Agreement
between Collier County and the Department of Community
Affairs;
WHEREAS, a challenge to Ordinance 90-23, the Zoning
Reevaluation ordinance was filed by James K. Kessler and the
Citizen's Political Committee with the Florida Department of
Community Affairs in September, 1990;
WHEREAS, the above challenges were resolved by a
Settlement Agreement approved by the Board of County
Com~issioners of Collier County on March 28, 1991; and,
WHEREAS, as a result of the Settlement Agreement,
Sections 10.4, 10.5, 11.8 and 13 of Ordinance 90-23, the
Zoning Reevaluation Ordinance, must be amended to provide
greater opportunity for public participation in the
~ords underlined are added; words ~r~ek-~h~u~h are deleted.
Compatibility Exception and Vested Rights determination
processes required by said Ordinance, and
W~EREAS, the Collier County Planning Commission
pursuant to Sec. 163.3174, Fla. Stat. has found that these
amendments- to the-' Zoning Reevaluation- Ordinance are
consistent with the Coliier County Growth Management Plan.
NOW iTHEREFOREtBE'IT.:ORDA/NED by the Board of County
Commissioners'of Collier County;'Florida that:
SE~ON o~: ':~'ENb~%s~?o SEC~ION 10.4 oF THE ZONING
7 ...... REEVALUATION'ORDINANCE-ORDIN~d~CE NO. 90-23:
SectiOn- 10~4:;TR~vi~w aha Determination by Growth Plan-
ning Director, of O~/~ance 90-23.~.' the Zoning Reevaluation
.~Tz-.: :-- '..'_,~'?'.'::-:':'.::"' :::
Ordinance~iis'here~Tir-ii~m~nded. to'read-as follows: '
10.4--Review' -a~d Determination by- ~rowth PXanning
D~rector." "After ' receipt of ' a completed
Application for Compatibility Exception, the
Growth Planning Director shall review and
evaluate the application in light of ail of the
'-' _ criteria set forth in Sec. 10.6, and shall deny,
grant or grant with conditions the application.
~_~- -_' The decision~, of the Growth--Planning Director
shall include findings of fact for each of the
criteria.' -'The Growth Plannin~ Director shall
Dainta%~ at ~h~ Grow%h Planning.DePartment durin~
~o.%r~-: ' reqular~busines~-hours a written list of DroDosed
deter]~Dations on AoDlications for ComPatibilitY
Exceutions. Such lis~ ~hall be available to the
public at ~east ten ~10) calendar days before
'-~.~r~ 'i~suaD~e of the determination..-
SECTION TWO: AMENDMENTS TO SECTION-' 10.5- OF THE ZONING
REEVALUATION ORDINANCE ORDINANCE NO. 90-23:
Section 10.5, Appeal to the Board of County Commis-
~sioners, of Ordinance 90-23, the Zoning Reevaluation
Ordinance, ~s hereby amended to read as follows:
10.5 Appeal to the Board of County Commis~ioners.
.. Within thirty (30) days after issuance of the
determination of the Growth Planning Director on
the Application for Compatibility Exception, the
applicant, any resident of. or owner of real
property in. the incorporated or unincorpor~te4
· ~rea o~ the CountY, may appeal, or may thereafter
. interveDe in an appeal of, the determination of
the Growth Planning Director on the Application
for Compatibility Exception to the Board of
County Commissioners. A fee for the application
and processing of an appeal, not to excee~
$100.__0~, shall be established at a rate set by
the Board of County Commissioners fr°m time to
time and shall be charged to and paid by either
the applicant, or aDDealin~ party, as
~ppropriate. The Board of County Commissioners
2
Words underlined are added; words s%r~e~-ehre~gh are deleted.
shall hold an advertised public hearing on the
appeal and shall consider the determination of
the Growth Planning Director and public testimony
in light of all the criteria set forth in Sec.
10.6. The Board of County Commissioners shall
adopt the Growth Planning Director's determina-
tion on the Application for Compatibility
Exception with or without modifications or
-: conditions, or reject the Growth Planning
Director's determination. The Board of County
~' :.: Commissioners shall not be authorized to modify
or reject the Growth Planning Director's
· ~ determination unless, the Board of County
Commissioners finds that the determination is not
-~:~r:~sz-~r.~.~upported. _by s~bstantial competent evidence or
that the Growth Planning Director's determination
........ is cO~tr'ary to the Criteria established in Sec.
10.-6-~id~'Fthis Q~dinance. The decision of the
Board of County Commissioners shall include
. ~i' '. findings of fact for each of the criteria.
SECTION2 ~HREE: ~MENDMENTS TO SECTION 11.8 OF THE ZONING
REEVALUATION ORDINANCE ORDINANCE NO. 90-23:
Section 11.8 Appeal to the Board of County Commis-
sioners, of? Ordinance.-90-23, the Zoning Reevaluation
Ordinance, is'hereby amended to read as follows:
11.8 Appeal to'Board"of County Commissioners. Within
thirty °'(3~)~days 'after' 'issuance of the Hearing
Officer!s~written determination of vested rights,
the County. Attorney, . the Growth' Planning
Director, or~_th~_ew~gr_~r__i~L~_auth~r/zed attorney
Q~_. ~e~t~' or an~'other party to the hearing, may
~p~.l' .tb~D~93cmina~kon of~_¥~_s~_~ights of. the
~ommi~ers, _A__lee f fQr_~h~__application and
e~b~i~h_~.a~__a3.ra~..se~, by the Board of County
Commissioners from time to time and shall be
charge~".·tO and paid by the owner or its
authorized 'agent.? The Board of County
Commissioners shall adopt the Hearing Officer's
determination of vested rights, with or without
modifications or conditions, or reject the
: Hearing Officer's determination of vested rights.
The Board of County Commissioners shall not be
authorized to modify or reject the Hearing
Officer's determination of vested rights unless
the Board of County Commissioners finds that the
Hearing Officer's determination is not supported
by substantial competent evidence in the record
of the Hearing Officer's public hearing or that
the Hearing_Officer's determination of vested
rights .is contrary to the criteria established in
Sec._.ll..9
SECTION FOUR: AMENDMENTS .'~O SECTION 13 OF ORDINANCE 90-23
OF THE ZONING REEVALUATION ORDINANCE.
Section 13, Appeals, of Ordinance 90-23, the Zoning
Re-evaluation Ordinance, is hereby amended to read as
follows:
043 , 478
3
· Words 9nderlined are added; words s~r~e~-~h~o~qh are deleted.
13. A_ppe~ls. Within thirty (30) days after the
rendition of a decision by the Board of County
Commissioners pursuant to an appeal to the Board
of County Commissioners under Sec. 10 or Sec. 11,
and only after such an appeal and all other County
remedies have been fully exhausted, the Growth
Planning Director, the County Attorney, or the
aggrieved owner or applicant of an affected
property, or its authorized attorney, Or a~y other
ap~t_~{ to such appeal to the Board. may apply to
the circuit court having jurisdiction in Collier
County for Judicial relief. The proceedings in
the. circuit .court_.shall be by petition for writ of
certiorari, which shall be governed by the Florida
: Rules of. Appellate' Procedure.
SECTION FIVE: CONFLICT AND SEVERABILITY.
In the event th'is.i Ordinance conflicts with any~other
Ordinance of -Collier County and other applicable law, the
more restrictiv'e-~h~II"'apply If any phrase or portion of
the Ordinance is held- invalid by any court of competent
Jurisdiction, such '-'portion shall be . deemed a separate,
distinct and independent, provision and such holding shall
not effect .the validity'of the remaining-portion.
SECTION SIX~ - EFF£CTi~'DATE.
This Ordinance shall'tak~ effect upon'receipt of notice
from the Secretaryc..'..~)fa= State' that this'' Ord£~-e- has been
filed with the Secretary of State.
PASSED~ -- A34D. ~ DULY ' ADOPTED by the Board of County
Commiss.~oners of Collier County, Florida, this ~]~ day of
MaY ____,. 1991
ATTkST: J/ ~' ' BOARD OF COUNTY COM~I$SIONERS
"~JAMES .Q~ .G/LES~, Clerk COLLIER COUNTY, FLORIDA
· .~. .~ · By:
PATRICIA ANNE GOODNIGHT, Ch%irman
., App.~oved as to form and
legal sufficiency:
.,~ory
Marjo~ie ~. Student .and acknowledger~n.~, of that
Assistant County Attorney ~~day
4
Words ~in_derlined are added; words s~=~ek-~h~h are deleted.
RESOLUTION NO. 91- 388
A RESOLUTION AMENDING THE FEE SCHEDULE FOR
APPEALS OF THE GROWTH PL~uNNING DIRECTOR'S
DETERMINA?ION ON APPLICATIONS FOR COMPATIBILITY
EXCEPTIONS AS ORIGINALLY ESTABLISHED BY
RESOLUTION NO. 90-428 PURSUANT TO THE ZONING
.REEVALU~TI0~ ORDINANCE.
W~EREAS, the C~l~ier County zoning Reevaluation Ordinance,
Ordinance No. 90-23, as amended, sets forth the criteria and
procedures for appeals of compatibility exceptions; and
.. Wq{EREAS, Section 10.5 of the Zoning Reevaluation Ordinance,
. as · amended, provides for appeals to the Board of County
-.Commis~oners .of~.the Growth Planning Director's deter~minations on
applications for compatibility exceptions; and
. . W"HEREAS, Resolution No. 90-478, .adopted October 2, 1990 by
.~he:-Board of County: Commissioners established a fee schedule for
the_Nested rights and compatibility exception processes; and
--?/i.-WT{EREAS',--amendments to Section 10.5 of the Zoning
Reevaluation.. .ordinance provide that an application fee for
-compatibility -exception -appeals be determined by the Board of
CoDnty Commissioners with said fee not to exceed One Hundred
Dollars3 (SlO0.O0);?and
.-~ .... ¥~ERF~S, this Zoning Reevaluation Ordinance amendment
_r~..q~_ir~.s the amendment of Resolution No. 90-478; and
WHEREAS, Collier County will incur costs in processing
applications and appeals.relating to the compatibility exception
process.
.__ N~W., THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CO~ISSIONERS OF COLLIER COLrNTY, FL~DRIDA, that:
1. The Compatibility Exception Appeal Paragraph of Section
i of Resolution No. 90-478 is hereby amended as follows:
Compatibility Exception Appeal: $~$8=88 $%00.00.
2. All other fees established by Resolution No. 90-478 are
hereby reccnfirmed.
Words Ut'~erlined are added; Words S~.~R-?h~.~h are deleted.
This Resolution adopted after motion, second and majority
vote favoring same.
~jATTEST: ~ BOARD OF COUNTY COMMISSIONERS
"JAMES C. G12I~ES Clerk COLLIER COUNTY, FLORIDA
.. ,..
~'~ ' ~. . PATRICIA ~NE GOODNIGHT, .Ch~an
legal .s~f f ic iencx:~_
M~Jo~ M. Student"-' ~:' - ....
Assistant. County A[~orney
......... 7. . "' 33".
-%1 . -
.~" ~ ~"; , ~._. 3 ·
Words ~n~_Lline~ are added; Words S~uek-Th~ug~ are deleted.
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Or'dlnance No. 91-41
which was adopted by the Board of County Commissioners on
the 22nd da%' of May, I991, during Special Sesslon~
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2Srd
day of May, 1991.
Clerk of Courts and Clerk'- ~ ']' ' : '
Ex-officio to Board of
County Commissioners ~; " .,-,
~By: /s/Maureen Kenyon
~ Deputy Clerk · .,~,.;, , ..'
'. J i .".".\