Agenda 06/28/2016 Item #17A 6/28/2016 17.A.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance 2009-29, as amended, the Planning
Commission Ordinance,specifically Section One(1) "Establishment; Powers and Duties;"in order
to delete an obsolete provision regarding the review of preliminary subdivision plats; providing for
conflict and severability, providing for inclusion into the Code of Laws and Ordinances, and
providing for an effective date.
OBJECTIVE: To obtain the Board of County Commissioners (Board) approval of the proposed
amendment to the Code of Laws and Ordinances in order to serve the best interest of the public.
CONSIDERATIONS: In 2009 the Board adopted Ordinance No. 2009-29 which relocated and
readopted the Planning Commission Ordinance from the Land Development Code in its entirety as a
stand-alone ordinance in the Collier County Code of Laws and Ordinances. Section One contains the
powers and duties of the Planning Commission and currently includes the consideration of preliminary
subdivision plats. However, Ordinance 1990-95 directs staff to review and approve preliminary
subdivision plats and is established in Land Development Code (LDC) section 10.02.04 A.3. The
proposed amendment seeks to provide consistency between the Code of Laws and Ordinances and the
LDC by deleting consideration of preliminary subdivision plats from the Planning Commission
Ordinance.
This amendment was included on the list of proposed amendments for the 2015 LDC Amendments Cycle
2 that was approved by the Board on July 7,2015,Item 9E.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
t"-1
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -SAS
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with
this Executive Summary.
DSAC-LDR RECOMMENDATION: This amendment was unanimously approved by the DSAC-LDR
subcommittee on February 1,2016.
DSAC RECOMMENDATION: This amendment was unanimously approved by DSAC on April 6,
2016.
RECOMMENDATION: To approve the proposed amendment to the Code of Laws and Ordinances
regarding Planning Commission's powers and duties and direct staff as to any changes.
Prepared by: Caroline Cilek, AICP, Land Development Code Manager, Development Review Division,
Growth Management Department
Attachments:
1. Staff Analysis
2.Proposed Ordinance
3.Legal Advertisement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.A.
Item Summary: Recommendation to adopt an Ordinance amending Ordinance 2009-29,
as amended,the Planning Commission Ordinance, specifically Section One (1) "Establishment;
Powers and Duties;" in order to delete an obsolete provision regarding the review of
preliminary subdivision plats; providing for conflict and severability, providing for inclusion into
the Code of Laws and Ordinances, and providing for an effective date.
Meeting Date: 6/28/2016
Prepared By
Name: CilekCaroline
Title: Manager-LDC,Development Review
5/26/2016 1:51:38 PM
n Submitted by
Title:Manager-LDC,Development Review
Name: CilekCaroline
5/26/2016 1:51:39 PM
Approved By
Name: McLeanMatthew
Title:Project Manager,Principal,Development Review
Date: 5/31/2016 6:12:55 PM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 6/1/2016 2:13:14 PM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 6/3/2016 12:16:33 PM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
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Date: 6/3/2016 12:18:15 PM
Name: StoneScott
Title: Assistant County Attorney,CAO Land Use/Transportation
Date: 6/6/2016 9:30:07 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 6/6/2016 12:44:33 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 6/15/2016 10:51:39 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/20/2016 10:31:29 AM
Name: CasalanguidaNick
Title:Deputy County Manager,County Managers Office
Date: 6/20/2016 11:14:14 AM
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Text underlined is new text to be added.
Text strikethrough is current text to be deleted.
Bold text indicates a defined term.
Code of Laws and Ordinances Amendment Request
ORIGIN: County Attorney's Office
AUTHOR: Growth Management Department Staff
DEPARTMENT: Growth Management Department
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2
SECTIONS: Chapter 2 —Administration, Article VII—Boards, Commissions, Committees and
Authorities, Division 20 — Planning Commission, Section 2-1156 —
Establishment; Powers and Duties
CHANGE: To update the powers and duties of the Planning Commission listed in the Collier
County Code of Laws and Ordinances for consistency with Ordinance No. 99-95 regarding
Preliminary Subdivision Plats.
REASON: Prior to the adoption of Ordinance Number 99-95, Preliminary Subdivision Plats
(PSP) were approved by the Planning Commission. At the recommendation of the Planning
Commission, the responsibility to review and approve PSPs was transferred to County staff as an
administrative process with the ability to appeal to the Board of County Commissioners (BCC).
As a result, LDC section 10.02.04 A.3 currently states:
"Review by County Manager or designee. County Manager or designee shall
approve, approve with conditions, or deny the preliminary subdivision plat
utilizing the standards established in LDC chapters 3, 4, 6, and other provisions
of the LDC. The decision to approve with conditions, or deny the preliminary
subdivision plat may be appealed to the Board of County Commissioners
pursuant to Code of Laws and Ordinances section 250-58. If the County Manager
or designee should deny the preliminary subdivision plat, he shall state in writing
reasons for such denial and shall cite the applicable code or regulatory basis for
the conditions or denial."
However, the Code of Laws and Ordinances does not reflect the change to the Planning
Commission's duties. This amendment corrects the Planning Commission's powers and duties
listed in the Code of Laws and Ordinances section 2-1156(J)to be consistent with Ordinance No.
99-95.
DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the
proposed amendment with no changes.
FISCAL AND OPERATIONAL IMPACTS: There are no anticipated fiscal or operational
impacts associated with the proposed amendment.
RELATED CODES OR REGULATIONS: None.
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GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management
Plan impacts associated with the proposed amendment.
OTHER NOTES/VERSION DATE: Prepared by Jeremy Frantz, Senior Planner, 1/26/16
Amend the Code of Laws and Ordinances as Follows:
1 Sec. 2-1156. Establishment; Powers and Duties.
2
3 There is hereby established a Planning Commission, which shall have the following powers and
4 duties:
5 A. To serve as the local planning agency(LPA), and land development regulation
6 commission as required by F.S. §§ 163.3174 and 163.3194;
7 B. To prepare, or cause to be prepared, the Collier County GMP, or element or portion
8 thereof, and to submit to the BCC an annual report recommending amendments to such
9 plan, element, or portion thereof;
10 C. To prepare, or cause to be prepared, the LDC to implement the Collier County GMP,
11 and to submit to the BCC an annual report recommending amendments to the LDC;
12 D. To initiate, hear, consider, and make recommendations to the BCC on applications for
13 amendment to the text of the Collier County GMP and the LDC;
14 E. To initiate, review, hear, and make recommendations to the BCC on applications for
15 amendment to the future land use map of the Collier County GMP or the official zoning
16 atlas of the LDC;
17 F. To hear, consider, and make recommendations to the BCC on applications for
18 conditional use permits;
19 G. To make its special knowledge and expertise available upon reasonable written request
20 and authorization of the BCC to any official, department, board, commission, or agency
21 of the County, state, or federal governments;
22 H. To recommend to the BCC additional or amended rules of procedure not inconsistent
23 with this section to govern the Planning Commission's proceedings;
24 I. To perform those functions, powers and duties of the Planning Commission as set forth
25 in chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part
26 hereof, as said chapter has been or may be amended; and
27 J. To consider and take final action regarding preliminary subdivision plats processed
28 pursuant to the provisions of LDC section 1.03.00; and
29 14J. To sit as the County's Environmental Advisory Council and exercise all powers and
30 duties under Ordinance 2009-32, as amended from time to time.
31 # # # # # # # # # # # # #
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ORDINANCE NO. 2016-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 2009-29, AS
AMENDED, THE PLANNING COMMISSION ORDINANCE,
SPECIFICALLY SECTION ONE (1) "ESTABLISHMENT; POWERS AND
DUTIES," IN ORDER TO DELETE AN OBSOLETE PROVISION
REGARDING THE REVIEW OF PRELIMINARY SUBDIVISION PLATS;
PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 26, 2009, the Board of County Commissioners (BCC) adopted
Ordinance No. 2009-29, which relocated and readopted the Planning Commission Ordinance in
its entirety as a stand-alone ordinance in the Collier County Code of Laws and Ordinances; and
WHEREAS, Section One (1) of Ordinance No. 2009-29, as amended, sets forth the
powers and duties of the Planning Commission which includes the consideration of preliminary
subdivision plats; and
WHEREAS, through a Land Development Code (LDC) amendment, Ordinance No. 99-
95, the responsibility to review and approve preliminary subdivision plats was transferred to
County staff and is currently outlined in LDC Section 10.02.04 A.3; and
WHEREAS, the BCC wishes to amend Ordinance No. 2009-29, as amended, so it is
consistent with the LDC.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: AMENDMENT TO SECTION ONE (1) OF ORDINANCE NO. 2009-
29,AS AMENDED.
Section One(1)of Ordinance No. 2009-29,as amended, is hereby amended as follows:
* * * * *
(1) 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;
Words Underlined are added;Words StRisk—Threugh are deleted.
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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 permits;
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 perform 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
K J. To sit as the County's Environmental Advisory Council and exercise all powers and
duties under Ordinance 2009-32,as amended from time to time.
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 shall not affect the validity of the
remaining portion.
Words Underlined are added;Words eek Through are deleted.
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SECTION 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 Ordinance of Collier County, Florida. The sections of the 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 FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this day of , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk COLLIER COUNTY,FLORIDA
By: By:
, Deputy Clerk DONNA FIALA,CHAIRMAN
Appro' • ` , r .: * egality:
Jeffrey s .1 :',. kow
County `tbs t ey
3
Words Underlined are added;Words S4rtiek-Tlifetigh are deleted.
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garcx SA
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tues�ne 28 2016, in the
Boardroom,Third Floor,Administration Bui ding,Gier County
Government Center,3299 Tamiami Trail East,Naples,Florida,the
Board of County Commissioners,will consider the enactment of
a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE 2009-29, AS AMENDED, THE
PLANNING COMMISSION ORDINANCE, SPECIFICALLY
SECTION ONE (1) "ESTABLISHMENT; POWERS AND
D DUTIES," IN ORDER TO DELETE AN OBSOLETE PROVISION
REGARDING THE REVIEW OF PRELIMINARY SUBDIVISION
r- PLATS; PROVIDING FOR CONFLICT AND SEVERABILITY,
vmi PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES,AND PROVIDING FOR AN EFFECTIVE DATE.
A Copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
A NOTE: All persons wishing to speak on any agenda item must
register with the County administrator jirror to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged.
If recognized by the Chairman, a spokesperson for a group or
a organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
z written materials intended to be considered bythe Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. Ail material used in
N, presentations before the Board will become a permanent part
a of the record.
Any person who decides to appeal a decision of the.Board
will need a record of the proceedings pertaining thereto and
w 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 based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding;you are entitled,at no
cost to you,to the provision of certain assistance.Please contact
the Collier County Facilities Management Division, located at
3335 Tamiami Trail.East,Suite#101,Building W,Naples, Florida
34112,(239)252-8380.Assisted listening devices for the hearing
impaired are available in the County Commissioners'Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
DONNA FIALA,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Ann Jennejohn,Deputy Clerk
(SEAL)
June 15,2016 No.1121058
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