Agenda 06/13/2017 Item #16A1406/13/2017
EXECUTIVE SUMMARY
Recommendation to direct staff to: (1) develop and bring forward amendments to the Land
Development and Administrative Codes, to provide for Board affirmation of the Collier County
Planning Commission (CCPC) or Hearing Examiner (HEX) approval of insubstantial changes to
Planned Unit Developments (PUD); and 2) process PDI applications following the PDI process
proposed in the interim.
OBJECTIVE: To make a minor additional procedural change to the Land Development Code (LDC) and
the Administrative Code to change the approval process for insubstantial changes (PDI) to Planned Unit
Developments.
CONSIDERATIONS: As dictated by the LDC, approval for a PDI requires one hearing before
the CCPC or HEX. In response to issues raised by the C lerk as to whether an approval of an
insubstantial change constitutes an amendment to a previous ordinance of the BCC, staff is
suggesting the Board directs staff to amend the Land Development Code and the Administrative
Code to require insubstantial changes to PUDs be brought to the Board of County
Commissioners for affirmation of the approving CCPC Resolution/HEX. The proposed change
would add a final step to the process, with one hearing before the CCPC or HEX for a decision
and then a hearing before the Board to affirm the decision and amend the ordinance to comport
with the change.
Additionally, staff is requesting the Board allow PDI applications to move forward under the revised
process until this change in the LDC can be brought to the Board.
The draft LDC amendments are provided for within Attachment “A” to this executive summary.
FISCAL IMPACT: There is no fiscal impact associated with this item.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires a majority vote for approval. JAK
GROWTH MANAGEMENT PLAN IMPACT: None.
RECOMMENDATION: That the Board direct staff to 1) develop and bring forward Land
Development and Administrative Code amendments to provide for Board affirmation of the
Planning Commission or Hearing Examiner approval of insubstantial or minor changes to PUDs;
and 2) process PDI applications following the PDI process proposed in the interim.
Prepared by: Mike Bosi, AICP, Planning & Zoning Interim Director, Growth Management Division
ATTACHMENT(S)
1. Attachment-A-PDI (DOCX)
16.A.14
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06/13/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 3331
Item Summary: Recommendation to direct staff to: (1) develop and bring forward amendments to
the Land Development and Administrative Codes, to provide for Board affirmation of the Collier County
Planning Commission (CCPC) or Hearing Examiner (HEX) approval of insubstantial changes to Planned
Unit Developments (PUD); and 2) process PDI applications following the PDI process proposed in the
interim.
Meeting Date: 06/13/2017
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
06/07/2017 11:12 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
06/07/2017 11:12 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/07/2017 12:04 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/07/2017 1:08 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/07/2017 1:12 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/07/2017 2:04 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/13/2017 9:00 AM
16.A.14
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Attachment “A” Text strikethrough is current text to be deleted.
Bold text indicates a defined term.
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Land Development Code Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Growth Management Department Staff
AMENDMENT CYCLE: Proposed for future amendment cycle
LDC SECTION(S): 10.02.13 Planned Unit Development (PUD) Procedures
10.03.06 Public Notice and Required Hearings for Land Use Petitions
CHANGE:
REASON:
FISCAL & OPERATIONAL IMPACTS:
GROWTH MANAGEMENT PLAN IMPACT:
RELATED CODES OR REGULATIONS:
OTHER NOTES/VERSION DATE:
Amend the LDC as follows:
1
10.02.13 Planned Unit Development (PUD) Procedures 2
* * * * * * * * * * * * * 3
E. Changes and amendments. There are three types of changes to a PUD Ordinance: 4
Substantial, Insubstantial, and Minor. 5
* * * * * * * * * * * * * 6
2. Insubstantial change determination. An insubstantial change includes any 7
change that is not considered a substantial or minor change. An insubstantial 8
change to an approved PUD Ordinance shall be based upon an evaluation of 9
LDC subsection 10.02.13 E.1 and shall require the review and approval of the 10
Planning Commission. The Planning Commission approval shall be based on the 11
findings and criteria used for the original application and be an action taken at a 12
regularly scheduled meeting. An insubstantial change shall be heard by the 13
Board of County Commissioners for affirmation of the Planning Commission 14
approval and ordinance amendment. 15
a. The applicant shall provide the Planning and Zoning Department Director 16
documentation which adequately describes the proposed changes as 17
described in the Administrative Code. 18
3. Minor changes. The following are considered minor changes, and may be 19
approved by the County Manager or designee under the procedures established 20
in the Administrative Code. Minor changes shall be heard by the Board of County 21
Commissioners for affirmation of the administrative approval and ordinance 22
amendment. 23
16.A.14.a
Packet Pg. 549 Attachment: Attachment-A-PDI (3331 : PDI Applications)
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a. Educational and ancillary plants exception. When a PUD is amended 1
for the sole purpose of adding an Educational and/or ancillary plant , 2
that PUD will not be subject to the review process outlined in section 3
10.02.13 E.1. The review conducted will be limited to the impacts that the 4
Educational or ancillary plant will have on the surrounding uses. 5
b. The County Manager or designee shall also be authorized to allow minor 6
changes to the PUD master plan during its subdivision improvements 7
plan or site development plan process to accommodate topography, 8
vegetation and other site conditions not identified or accounted for during 9
its original submittal and review and when said changes have been 10
determined to be compatible with adjacent land uses, have no impacts 11
external to the site, existing or proposed, and is otherwise consistent with 12
the provisions of this code and the growth management plan. Such 13
changes shall include: 14
i. Internal realignment of rights-of-way , including a relocation of 15
access points to the PUD itself, where no water management 16
facility, conservation/preservation areas, or required easements 17
are affected or otherwise provided for. 18
ii. Relocation of building envelopes when there is no encroachment 19
upon required conservation or preservation areas. 20
iii. Relocation of swimming pools, clubhouses, or other recreation 21
facilities when such relocation will not affect adjacent properties 22
or land uses. 23
iv. Relocation or reconfiguration of lakes, ponds, or other water 24
facilities subject to the submittal of revised water management 25
plans, or approval of the EAC where applicable. 26
Minor changes of the type described above shall nevertheless be 27
reviewed by appropriate staff to ensure that said changes are otherwise 28
in compliance with all county ordinances and regulations prior to the 29
Planning and Zoning Department Director's consideration for approval. 30
c. Affordable housing commitments. Beginning October 3, 2012 the County 31
Manager or designee shall be authorized to make minor text changes to 32
remove affordable housing commitments to pay an affordable housing 33
contribution in PUDs, Development Agreements , and Settlement 34
Agreements if the following conditions are met: 35
i. The applicant notices property owners in writing in accordance 36
with LDC section 10.03.06 T. 37
ii. If no written objection is received, the request to remove 38
commitments is deemed approved. 39
iii. If a property owner who receives notice submits a written 40
objection within 30 days of mailing of the notice, the matter shall 41
be scheduled for public hearing before the Board of County 42
Commissioners. Public notice shall comply with LDC sections 43
10.03.05 and 10.03.06. 44
# # # # # # # # # # # # # 45
46
10.03.06 Public Notice and Required Hearings for Land Use Petitions 47
* * * * * * * * * * * * * 48
H. PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse 49
Establishment, or Boat Dock Canopy Deviation: 50
1. The following advertised public hearings are required: 51
16.A.14.a
Packet Pg. 550 Attachment: Attachment-A-PDI (3331 : PDI Applications)
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a. One Planning Commission or Hearing Examiner hearing. 1
b. For a PDI, one BCC hearing for affirmation and ordinance amendment. 2
2. The following notice procedures are required: 3
a. For a PDI, a NIM. See LDC section 10.03.05 A. However, upon written 4
request by the applicant, the Hearing Examiner has the discretion to 5
waive the NIM after the first set of staff review comments have been 6
issued. 7
b. Mailed Notice prior to the advertised public hearing. 8
c. Newspaper Advertisement prior to the advertised public hearing. 9
d. Posting of a sign prior to the advertised public hearing. 10
* * * * * * * * * * * * * 11
Z. Minor Changes: 12
1. The following advertised public hearings are required: 13
a. One BCC hearing for affirmation and ordinance amendment. 14
2. The following notice procedures are required: 15
a. Newspaper advertisement at least 15 days prior to the advertised public 16
hearing. 17
# # # # # # # # # # # # # 18
16.A.14.a
Packet Pg. 551 Attachment: Attachment-A-PDI (3331 : PDI Applications)