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CCPC Backup 07/02/2009 R CCPC REGULAR MEETING BACKUP DOCUMENTS JULY 2, 2009 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JULY 2, 2009, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRJOR TO TilE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERJALS INTENDED TO BE CONSIDERED BY THE CCPC SIIALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MIN1MUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - JUNE 2,2009, SIGN CODE ORDINANCE AND JUNE 4,2009 6. BCC REPORT- RECAPS - JUNE 23, 2009 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. Petition: Petition: CU-2009-AR-14137, St. Monica's Episcopal Church, Inc., represented by Heidi K. Williams, AICP, of Q. Grady Minor, Inc., is requesting two new Conditional Uses pursuant to the Land Development Code Section 2.03.0 I.B.I.C., in the Estates Zoning District. The conditional uses being requested are as follows: LDC 2.03.0 I.B.I.C.3, to allow a child care center; and 2.03.01.B.l.CA, to allow a private school related to the existing religious facility. The subject property is located at 7070 Immokalee Road, on the south side of Immokalee Road, west of the Logan Boulevard Extension, in Section 29, Township 48 South, Range 26 East, Collier County, Florida. (Coordinator: Melissa Zone) 1 9. ADVERTISED PUBLIC HEARINGS A. Petition: BD-2009-AR-14192, Monte Carlo Club Condominium Association, Inc., represented by Miles L. "Rocky" Scofield of Turrell, Hall and Associates, Inc., requests a IO-foot boat dock extension over the maximum 20-foot protrusion limit as provided in Section 5.03.06 of the Land Development Code to allow a 30-foot boat dock facility that will accommodate 20 additional boat slips for property described as Lots I and 2, Block B of Baker-Carroll Point Unit 2 Snbdivision in Section 29, Township 48 South, Range 25 East, Collier County, Florida (part of the Monte Carlo Condominium). (Coordinator: Ashley Caserta) 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. 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It, G) 0 - CIl G) ...-~ 0 m w.,_ ~ JJ l> WmZ -i Z C O::IJGl C C ~::::z ~ 0 l> JJ -i ::j m m::j;,. ::b :r 00 ~IZ m m 00 .,.,-< 00 s: 0 -IIr C Z Z ;,.mo III c: .... S:OCD <- s: -rCD m -< ;"m-< (") III -i ~::IJZ -i m :r -I^Gl III JJ m ::IJ";" m (") ;,.00 Z :r r-l:::! G) l> - I < :r ..JI ;D 2m={ ;,. OJ m m "OCll l> -~ r;,. JJ [JJ::IJ P - 0 TJ;,. ,., .~ ~4b6; t RECEIVED i :.~ JUri d'! " AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF \ \f~ COLLIER COUNTY, FLORIDA. RELOCATING THE PLANNING ' \ ~6..._. COMMISSION ORDINANCE FROM THE LAND DEVELOPMENT ~O'Z:~:' CODE INTO THE COLLIER COUNTY CODE OF LAWS AND .- ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A STAND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING SECTION 8.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. ~~l '\ ORDINANCE NO. 2009-~ . . WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the establishment, powers and duties of a number of decision-making and administrative bodies, including the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/Archaeologic Preservation Board; and WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the establishment, powers and duties of a number of decision-making and administrative bodies, including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the Tourist Development Council, the Development Services Advisory Committee, the Animal Services Advisory Board, as well as others, and also contains Standards for the Creation and Review of County Boards; and WHEREAS, there are a limited number of annual amendment cycles for the Land Development Code, whereas amending general ordinances has no such constraint; and WHEREAS, the Board finds that it is in the public interest to relocate this portion of the Land Development Code into the Collier County Code of Laws and Ordinances and to create separate ordinances for each of these Boards, thereby making it easier to amend these rules and regulations as the need arises, as well as to have the ordinances concerning all of the County's decision-making and administrative bodies located within the same administrative section of the Collier County Code of Laws and Ordinances. Page I 0.f2._...._.. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.03.00 (Planning Commission) of the Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as follows: (I) Establishment; Powers and Duties There is hereby established a Planning Commission, which shall have the following powers and duties: A. To serve as the local planning agency (LPA), and land development regulation commission as required by ~ 163.3174 and 163.3194, F.S.; B. To prepare, or cause to be prepared, the Collier County GMP, or element or portion thereof, and to submit to the BCC an annual report recommending amendments to such plan, element, or portion thereof; C. To prepare, or cause to be prepared, the LDC to implement the Collier County GMP, and to submit to the BCC an annual report recommending amendments to the LDC; D. To initiate, hear, consider, and make recommendations to the BCC on applications for amendment to the text of the Collier County GMP and the LDC; E. To initiate, review, hear, and make recommendations to the BCC on applications for amendment to the future land use map of the Collier County GMP or the official zoning atlas of the LDC; F. To hear, consider, and make recommendations to the BCC on applications for conditional use penn its; G. To make its special knowledge and expertise available upon reasonable written request and authorization of the BCC to any official, department, board, commission, or agency of the County, state, or federal governments; H. To recommend to the BCC additional or amended rules of procedure not inconsistent with this section to govern the Planning Commission's proceedings; I. To perfonn those functions, powers and duties of the Planning Commission as set forth in chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may be amended; and Page 2 on J. To consider and take final action regarding preliminary subdivision plats processed pursuant to the provisions of section 4.03,00. (2) Membership A. Qualifications. I. Members of the Planning Commission shall be permanent residents and qualified electors of Collier County. 2. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration shall be given to applicants who have experience or who have shown interest in the area of planning, zoning, and related fields. Further consideration in the appointment of Planning Commission members shall be made so as to provide the Planning Commission with the needed technical, professional, business, and/or administrative expertise to accomplish the duties and functions of the Planning Commission, as set forth in lIlis LDC. 3. The appointment of all members to the Planning Commission shall be by resolution of the BCC. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the BCC shall terminate the appointment of such person as a member of the Planning Commission. 4. A representative of the school district, appointed by the school board, shall serve as a non-voting member of the Planning Commission unless the BCC grants voting status to the school district representative. The school district member of the Planning Commission shall attend those Planning Commission meetings at which GMP amendments and rezoning that would, if approved, increase residential density of the property that IS the subject of the application being considered. B. Appointment. The Planning Commission shall be composed of 9 members to be appointed by the BCC. All reappointments to the Planning Commission shall be made so as to achieve the following geographical distribution of membership: I. One member: County Commission District No.4. 2. Two members: County Commission District No. I. 3. Two members: County Commission District No.2. Page 3 on 4. Two members: County Commission District No, 3. 5. Two members: County Commission District No.5 (one from Irnmokalee). 6. One member: Appointed by the school district. C. Term, Each appointment or reappointment shall be for a term of 4 years. Each appointment and reappointment shall be made so that the terms of any 2 members from a single commission district shall not expire in the same year. D. Reappointment. A member may be reappointed by the BCC for only 1 successive term, unless there are no other qualified applicants for the member's position. Appointments to fill any vacancy on the Planning Commission shall be for the remainder of the unexpired term of office. E. Removal from office. I. Any member of the Planning Commission may be removed from office by a four- fifths vote of the BCC, but such member shall be entitled to a public hearing and reconsideration of the vote if he so requests in writing within 30 days of the date on which the vote is taken. 2. If any member of the Planning Commission fails to attend 2 consecutive Planning Commission meetings without cause, the Planning Commission shall declare the member's office vacant and the vacancy shall be filled by the BCC. F. Officers. The membership of the Planning Commission shall elect a chairman and vice- chairman from among the members. Officers' terms shall be for 1 year, with eligibility for reelection. (3) Quorum and Voting The presence of 5 or more members shall constitute a quorum of the Planning Commission necessary to take action and transact business. In addition, a simple majority vote of at least 5 members present and voting shall be necessary in order to forward a formal recommendation of approval, approval with conditions, denial, or other recommendation to the BCC. (4) Rules of Procedure A. The Planning Commission shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business, and shall keep a record of meetings, resolutions, Page 4 of? findings, and determinations. The Planning Commission may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary. B. The Planning Commission may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations. SHeil IlrBjlBSea miss of proeealH'e sllall Be 6sBsiaerea as if the)' were amBBamBBts Ie this LOC. (5) Compensation The members of the Planning Commission shall serve without compensation, but may be reimbursed for such travel, mileage, and/or per diem expenses as may be authorized by the BCe. (6) Meetings A. In order to provide convemence and promote public partIcIpation, meetings of the Planning Commission shall be held in the Immokalee area when matters pending before the Planning Commission are of sufficient concern to the Immokalee area to warrant such a meeting. The Planning Commission shall, by majority vote, make such determination at I of its regularly scheduled meetings well enough in advance to allow sufficient time to advertise such Immokalee meeting. All other meetings shall be held at the Collier County Government Center, Naples, Florida, unless otherwise specified by the Planning Commission or the BCC. B. All meetings and hearings of the Planning Commission shall be open to the public. (7) Staff The community development services division shall be the professional staff of the Planning Commission. (8) Appeals As to any land development petition or application upon which the Planning Commission takes final action, an aggrieved petitioner, applicant, or aggrieved party may appeal such final action to the Board of County Commissioners. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse affect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community Pa.!l.e5 0[7_... good shared by all persons. The Board of County Commissioners may affirm, affirm with conditions, reverse or reverse with conditions the action of the Planning Commission. Such appeal shall be filed with the Development Services Director within 30 days of the date of final action by the Planning Commission and shall be noticed for hearing with the Board of COWlty Commissioners, as applicable, in the same manner as the petition or application was noticed for hearing with the Planning Commission. The cost of notice shall be borne by the petitioner, applicant or aggrieved party. SECTION TWO: Repeal of Ordinance. Concurrent with the effective date of this ordinance, Section 8.03.00 (Planning Commission) of the Collier County Land Development Code is hereby repealed in its entirety. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply, If any phrase or portion of the 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 FOUR: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws and Ordinances of Collier County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. Page 6 of7 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ZI.~day of ~.......... ,2009. - r ATTEST: DWIqHT'1i.'~OCK, CLERK , . , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA d .... .'Ii? " Itiiiiii;:.r By: DO ~ ey this ordinance filed wi'" "'e Sec:l9lary of State's Office "'e --1! day of JufIL ,:uvq and ocknowledllement of that flli received this day of - Page 7 of? STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-29 Which was adopted by the Board of County Commissioners on the 26th day of May, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of May, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board ~f County Commissioners By: Martha Ver~ara, Deputy Clerk, ORDINANCE NO. 2009-..l.2... INANCE OF THE BOARD OF COUNTY COMMISSIONEI(S OF R COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY / ING COMMISSION ORDINANCE BY REQUIRING TIlAT IDATES FOR THE PLANNING COMMISSION MUST I,JE NA TED BY THE COMMISSIONER OF THE DISTRICT IN WHICH HE CANDIDATE RESIDES FOR BOTH lNlTIAL AND SUBSEQUENT TERMS AND DELETING THE PROVISION REGARDING TERM LIMITS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier COlmty Ordinance No. 2009-29 sets forth the establishment, powers and duties of the Collier County Planning Commission; and WHEREAS, the Board finds that it is in the public interest to require that candidates for the Planning Commission must be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent tenns. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION (2) OF ORDINANCE NO. 2009-29. Section (2) is hereby wnended to read as follows: (2) Membership ..... B. Appointment. The Planning Commission shall be composed of 9 members to be appointed by the BCC. CandirlRt..~ for the PIRnninlZ Commission must be nominated bv the Commissioner of the District in which the candidate resides for both initial and subseauent tenns. All reappointments to the Planning Commission shall be made so as to achieve the following geographical distribution of membership: I. One member: County Commission District No.4. 2. Two members: County Commission District No. I. 3. Two members: County Commission District No.2. 4. Two members: County Commission District No.3. 5. Two members: County Commission District No.5 (one from Immokalee). 6. One member: Appointed by the school district. Words Underlined are added; Words ElFuel, Threugk are deleted. Page 1 of3 C. Term. Each appointment or reappointment shall be for a term of 4 years. Each appointment and reappointment shall be made so that the terms of any 2 members from a single commission district shall not expire in the same year. Appointments to fill any vacancy on the Planning Commission shall be for the remainder of the unexpired term of office. D. Rea"sjlflMetft. fa memher 1B8.)' he Fe6l'peinted hi' the Bee fer amy 1 9Ueeesei~le teflll, anless1Bere are ae ether EftIaIitied 813"Hs8iH8 fer the memBer's fJ8Sia9B. .:"4lpeimmeR~ te fill my V8elHley en the PllHIBiftg CeRllftissien shall ge KIf tlle .anlillntler eftlle llBeltJlired (em. ef etliee. B D. Removalfrom office. I. Any member of the Planning Commission may be removed from office by a four- fifths vote of the BCC, but such member shall be entitled to a public hearing and reconsideration of the vote if he so requests in writing within 30 days of the date on which the yote is taken. 2. If any member of the Planning Commission fails to attend 2 consecutive Planning Commission meetings without cause, the Planning Commission shall declare the member's office vacant and the vacancy shall be filled by the BCC. 11 f.. Officers. The membership of the Planning Commission shall elect a chairman and vice- chairman from among the members. Officers' terms shall be for I year, with eligibility for reelection. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the 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. SEmON THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Words Underlined are added; Words SinisI, Threugk are deleted. Page? of} __ SECTION FOUR: EFFECTIVE DATE. 'This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this'3:!hday of :Tv\';<.../ ,2009. . t,..... ""~ ". .' BOARD OF COUNTY COMMISSIONERS COLLIERffr~HY, FLORIDA By: t...f~ d -t~ DONNA FIALA, CHAIRMAN ArrEST: \)'/,;' Jt~~... DWlGHl'E~ BROCK;~ERK By: ThIs ordinance flied w11t1 \tie ~ry of sm.~\oP~ !D: liay of ..JU!L., ~I and oeknowled~:".,),t1t, that filj'lll\J.~e~ved ~ day of .UUl'X.L'tJ.ll ~ By._ ..- f"IoI!ov"""C.___ Words Underlined are added; Words 8"".1, Tkr..g11 are deleted. .._I'.g~~~_.... _. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-35 Which was adopted by the Board of County Commissioners on the 9th day of June, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this lOth day of June, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk .' Ex-officio to Board of County Commissioners Ltuu ~Q( .~- By: Ann Jennejohn, . Deputy Clerk , . / ".' .,"