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Agenda 02/27/2018 Item #16A1302/27/2018 EXECUTIVE SUMMARY Recommendation to repeal previous Board direction requiring affirmation of Collier County Planning Commission (CCPC) or Hearing Examiner (HEX) approval of insubstantial changes to Planned Unit Developments (PUD) and resume the current PDI process specified by the Land Development and Administrative Codes. OBJECTIVE: To repeal previous Board direction to staff to make a minor procedural change to the Land Development Code (LDC) and the Administrative Code, affecting the approval process for insubstantial changes (PDI) to Planned Unit Developments. CONSIDERATIONS: At the June 13, 2017 County Commission meeting, the Board, in response to issues raised by the Clerk of the Circuit Court as to whether an approval of an insubstantial change constitutes an amendment to a previous ordinance of the BCC, directed 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 Decision (Attachment A). In a February 15, 2018 e-mail from the Clerk of the Circuit Court to the County Attorney, the Clerk wrote as follows: Jeff: As you and I discussed the other day, what you and the Board of County Commissioners are doing with having Marc Strain make the “so-called” insignificant changes to land use documents, is an issue in which I do not have an interest. I was under the impression that my staff was making changes to the PUD documents in my office, because of these administrative changes and that we were then forwarding them to the Secretary of State. Some of this confusion was created by my staff and some by others. Now that I have determined that my staff does not do either of those acts, we do not have an issue with how you want to make the “so called” changes. You may deal with this issue any way you want and it does not affect my agency or me. (Attachment “B”). Based upon this email, staff is recommending that the Board repeal its previous direction to amend the LDC and Administrative Code and leave intact the current process outlined in the LDC which requires one hearing before the CCPC or HEX. This single hearing process is aligned with the limited scope of changes authorized by the PDI process in Section 10.02.13.E.1 of the LDC. 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. 16.A.13 Packet Pg. 695 02/27/2018 RECOMMENDATION: To repeal previous Board direction requiring affirmation of Collier County Planning Commission (CCPC) or Hearing Examiner (HEX) approval of insubstantial changes to Planned Unit Developments (PUD) and resume the current PDI process specified by the Land Development and Administrative Codes. Prepared by: Mike Bosi, AICP, Director Zoning Director ATTACHMENT(S) 1. Attachment-A-PDI (PDF) 2. Attachment-B-PDI (PDF) 16.A.13 Packet Pg. 696 02/27/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.13 Doc ID: 4923 Item Summary: Recommendation to repeal previous Board direction requiring affirmation of Collier County Planning Commission (CCPC) or Hearing Examiner (HEX) approval of insubstantial changes to Planned Unit Developments (PUD) and resume the current PDI process specified by the Land Development and Administrative Codes. Meeting Date: 02/27/2018 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 02/21/2018 12:41 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 02/21/2018 12:41 PM Approved By: Review: Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 02/21/2018 12:38 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/21/2018 3:04 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/21/2018 3:38 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/27/2018 9:00 AM 16.A.13 Packet Pg. 697 06/13/2017 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 Clerk 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 Packet Pg. 547 16.A.13.a Packet Pg. 698 Attachment: Attachment-A-PDI (4923 : PDI Process) 16.A.13.b Packet Pg. 699 Attachment: Attachment-B-PDI (4923 : PDI Process)