Ordinance 2016-20 ORDINANCE NO.2016- 2 0
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 Struck 'hfeugh are deleted.
Page 1 of 3
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 Struck ough are deleted.
Page 2 of 3
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,this224 k. day of n-61.-Le...) , 2016.
ATTE&1 c BOARD OF COUNTY COMMISSIONERS
DWI O 1T L�I ROCK., CYerk COLLIER COUNTY, FLORIDA
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By:"- A% By: 4111/49
,+uest°as t4 e4fivanC,,lpu i lerk , DONNA FIALA, CHAIRMAN
signaturet:
Appro -d . I • .. • egality:
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Jeffrey I 41 . ow
County tt, i ey
This ordinance filed with the
Secretory of State's Office the
3074'`day of June , 20l
and acknowledgement of that
filing recaived this ., ' day
of Jor\e_ tot ' -
Words Underlined are added;Words ask=Threngh are deleted.
Page 3 of 3
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 30, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Martha Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2016-20,which was filed in this office on June 30, 2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.tl.us