Ordinance 2013-58 111 1@1 - W. 1 -
OCT 7 e013
—) ORDINANCE NO. 2013 — 58
Ql(Abi4AL
JAN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIES : =-,
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING CHAPTER EIGHT — DECISION- , f-
MAKING AND ADMINISTRATIVE BODIES, BY ADDING SECTION _,-.
8.10.00 HEARING EXAMINER; CHAPTER TEN — APPLICATION-, `., - --:, 7 ;
REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING--, �°
SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE'. '•`-' '""'
DEVELOPMENT PLANS; SECTION TWO, CONFLICT AND",,:_-::: f-;:'
SEVERABILITY; SECTION THREE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION FOUR,
EFFECTIVE DATE.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar year
unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this amendment to the LDC is part of the first amendment cycle for the
calendar year 2013; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on the date noted herein, and did take action concerning this
amendment to the LDC; and
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6.)
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 1.A: AMENDMENTS TO CHAPTER EIGHT — DECISION-MAKING AND
ADMINISTRATIVE BODIES
Chapter Eight, Decision-Making and Administrative Bodies, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to add the following:
Section 8.10.00—Hearing Examiner
A. Establishment and Powers. The Board of County Commissioners established the office
of the Hearing Examiner by County Ord. No. 2013-25, as it may be amended from time to time,
with the powers and duties set forth therein.
B. Role on Planning Commission. The Hearing Examiner may sit as a member of the
Collier County Planning Commission as long as the Planning Commission serves solely in an
advisory body capacity to the Board of County Commissioners. While a Hearing Examiner is
employed by the County, all powers and duties expressly granted to the Hearing Examiner,
either through the Collier County Hearing Examiner Ordinance (No. 2013-25, as may be
amended) or through future resolutions, preempt the Collier County Planning Commission, or
the Board of Zoning Appeals, as the case may be, with respect to the established procedures
set forth in the Collier County Land Development Code.
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SUBSECTION 1.B: AMENDMENTS TO SECTION 10.02.03 SUBMITTAL REQUIREMENTS
FOR SITE DEVELOPMENT PLANS
Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to add the following:
Section 10.02.03 Submittal Requirements for Site Development Plans
F. Site plan with deviations for redevelopment projects.
1. Purpose. A site plan with deviations shall provide a means for a redevelopment
project to seek dimensional deviations, excluding height, architectural deviations,
and deviations from site features, such as but not limited to, landscaping,
parking, and buffers, from the standards established in the LDC when the
passing of time has rendered certain existing buildings, structures or site
features nonconforming.
2. Applicability. A site plan with deviations may be requested for the redevelopment
of a site which meets the criteria for a site development plan, site development
plan amendment or a site improvement plan as established in LDC section
10.02.03. Except for the requested deviations, the site development plan or site
improvement plan shall comply with LDC section 10.02.03. For purposes of this
section, "Redevelopment" shall mean the renovation. restoration, or remodeling
of a building or structure, or required infrastructure, in whole or in part, where
the existing buildings, structures or infrastructure were legally built and
installed.
3. Application. The Administrative Code shall establish the process and submittal
requirements for a site plan with deviations for redevelopment projects
application.
a. Requested deviations shall be clearly delineated and iustified in the
petition. Project enhancements to offset or minimize the deviations shall
also be clearly stated.
b. Projects subject to the provisions of LDC section 5.05.08 shall submit
architectural drawings that are signed and sealed by a licensed architect
registered in the State of Florida.
c. The site construction plans shall be signed and sealed by the applicant's
professional engineer, licensed to practice in the State of Florida.
d. The landscaping plans shall be signed and sealed by the applicant's
landscape architect, registered in the State of Florida.
e. The survey shall be signed and sealed by the applicant's professional
surveyor and mapper, registered in the State of Florida.
4. Staff review and recommendation. Based upon evaluation of the factors set forth
in LDC section 10.02.03.F.8, County Staff shall prepare a report containing their
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review findings and a recommendation of approval, approval with conditions, or
denial.
5. Public notice. Public notice of the hearing shall be as required by the LDC
section 10.03.06 Q and Chapter 6 of the Administrative Code.
6. Public hearing. The Hearing Examiner shall hold at least one public quasi-
iudicial hearing to review the proposed site plan with deviations.
a. Review. The Hearing Examiner shall hear the petition following receipt of
the staff report and application by the Office of the Hearing Examiner. At
the public hearing, the Hearing Examiner shall consider the applicant's
iustification for the requested deviations, the staff report, the standards of
approval and any other relevant testimony and evidence.
b. Decision. The Hearing Examiner shall render a decision to approve.
approve with conditions, or deny the requested deviations within 30 days
of the public hearing. If approved, or approved with conditions, the
decision shall specifically note the deviations and the basis for their
approval. A decision by the Hearing Examiner shall be rendered prior to
the issuance of the approval letter by the County Manager or designee for
the site plan.
7. Standards for approval. The petition shall be reviewed for consistency with the
following standards:
a. Land uses and densities within the development shall be consistent with
the permitted and approved conditional uses in the zoning district.
b. The proposed development is consistent with the Growth Management
Plan.
c. The development shall have a beneficial effect both upon the area in
which it is proposed to be established and upon the unincorporated area
as a whole.
d. The total land area within the development and the area devoted to each
functional portion of the development shall be adequate to serve its
intended purpose.
e. Streets, utilities, drainage facilities, recreation areas, sizes and yards.
architectural features, vehicular parking and loading facilities, sight
distances, landscaping and buffers shall be appropriate for the particular
use involved.
f. Visual character of the proiect shall be equal or better in quality than that
required by the development standards for the zoning district. The visual
character of the project shall be better in quality than the existing project
before redevelopment and after it was first permitted.
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p. Areas proposed for common ownership shall be subject to a reliable and
continuing maintenance guarantee.
h. Deviations shall be clearly delineated in the petition and shall be the
minimum required to achieve the goals of the project and comply with
these standards.
i. The petitioner has provided enhancements to the development.
j. Approval of the deviation will not have an adverse effect on adjacent
properties.
8. Timeframe. Time limits for site plans will be pursuant to LDC section 10.02.03 H.
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 this 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 Section not affect the validity of
the remaining portion.
SECTION THREE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State,
Tallahassee, Florida.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 24th day of September, 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIE COU TY, FLORIDA
I
'34..aj� ` I By � // r
Attest as t� hairttYan' D` p t •.t. k GEORGIA AJHICLER, ESQ., Chairwoman
•
Approved as to form and legality:
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Ceti
Heidi Ashton-Cicko, Esquire
Managing Assistant County Attorney
04-CMD-01077/1052(9/17/13)
This ordinance filed with the
5 cretory of State's Office the
nn_WW day of Q{t? ., 2
and acknow'edgemen of that
filirt• received his �h day
of ) • _a
By it 4a..a:
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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 2013-58
which was adopted by the Board of County Commissioners
on the 24th day of September, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of September, 2013 .
DWIGHT E. BROCK
Clerk of Courts ApprialFrk
Ex-officio to, Bfrd of • .
County Commiss o ers< .
By: Martha Verg. z-
Deputy Clerk