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Agenda 12/08/2015 Item #16A 112/8/2015 16.A.1. /,-*N EXECUTIVE SUMMARY Recommendation to approve the 2016 schedule for submittals to amend the Collier County Growth Management Plan (GMP), as aligned with the Florida Statutes, and to approve exemptions from the schedule. OBJECTIVE: To have the Board of County Commissioners (Board) approve the 2016 schedule for submittals to amend the Collier County Growth Management Plan (GMP) and to approve exemptions from the schedule. CONSIDERATIONS: On November 13, 2012 (Agenda Item 11L), the Board adopted Resolution No. 12 -234 which established a process for annual reviews of GNP amendment applications. The resolution provided for up to three GMP amendments cycles annually. Due to the fact that the schedule is not embedded within Resolution #12 -234, every year the GMP amendment cycle will be set by the Board. The schedule proposed for calendar year 2016 would require copies of an application to amend the Collier County Growth Management Plan to be submitted no later than one of the following dates: February, 26, 2016; June 24, 2016; October 28, 2016 Additionally, as noted in the Executive Summary that accompanied Resolution No. 12 -234, staff is recommending the Board maintain the current practice of processing the various types of GMP amendments in relation to the amendment cycles. The past practice, following Florida Statutes, exempted from the cycle the following types of GNP amendments: DRI- related, those located within a designated Rural Area of Opportunity (RAO), and Small Scale amendments. Staff is requesting the Board maintain the exemption from the cycle limitations for the above described GMP amendments. FISCAL MWACT: There is no fiscal impact for approving the proposed schedule and the exemption from the cycles of certain types of GMP amendments. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Approval of the proposed 2016 schedule for GMP amendment applications will satisfy the direction provided for in Resolution No. 12 -234, which allocates a tri-annual cycle for GMP amendments. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires a majority vote for Board approval. - I-1FAC RECOMMENDATION: To approve the 2016 schedule for submittals for GMP amendments as February 26, June 24, and October 28 and the exemption from the cycle limitations for the following types of GMP amendments: DRI- related, located within a designated Rural Area of Opportunity (RAO), and Small Scale amendments. Prepared by: Mike Bosi, AICP, Director, Planning and Zoning Services Division, Growth Management Department Attachment: 1) Exhibit "A"- Resolution #12 -234 2) November 13, 2012 Agenda Item 11L Packet Page -418- 12/8/2015 16.A.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.1. Item Summary: Recommendation to approve the 2016 schedule for submittals to amend the Collier County Growth Management Plan (GMP), as aligned with the Florida Statutes, and to approve exemptions from the schedule. Meeting Date: 12/8/2015 Prepared By Name: BosiMichael Title: Division Director - Planning and Zoning, Zoning 10/28/2015 2:12:24 PM Approved By n Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 10/28/2015 4:28:35 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 10/29/2015 10:30:46 AM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 11/16/2015 11:22:30 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/16/2015 11:54:48 AM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 11/16/2015 12:06:29 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 11/16/2015 5:06:01 PM Packet Page -419- 12/8/2015 16.A.1. Packet Page -420- 12/8/2015 16.A.1. RESOLUTION 12 2 3 4 A RESOLUTION ESTABLISHING GENERAL REQUIREMENTS AND PROCEDURES FOR AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT PLAN. WHEREAS, Chapter 163, Florida Statutes, requires local governments to prepare and adopt a Comprehensive Plan; and WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 (Section 163.3161, et seq., Florida Statutes) mandates certain procedures to amend adopted Growth Management Plans (Section 163.3184 and Section 163.3187, Florida Statutes); and WHEREAS, in order to provide adequate notice, it is necessary to set forth the requirements and procedures to be followed by petitioners, the general public and Collier County in processing amendments to the Collier County Growth Management Plan consistent with the requirements of the Florida Statutes. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Subject to prior Board approval, staff will implement three amendment cycles during which applications for amendments to the Collier County Growth Management Plan or one of its elements ( "GMP ") will be processed. Additional GMP amendment cycles can only be implemented by approval of the Board. Such approval shall be by majority vote. 2. All amendments must strictly conform with the Florida Growth Management Act, including, but not limited to, Section 163.3184, Florida Statutes, for amendments in general, and Section 163.3187, Florida Statutes, for adoption of a small -scale comprehensive plan amendments. 3. An amendment may be proposed by the Board of County Commissioners, the Collier County Planning Commission (CCPC), any department or agency of the County, or any private person, provided, however, that no such person shall propose an Packet Page -421- 12/8/2015 16.A.1. amendment for a land use designation change for property which he or she does not own, except as an agent or attorney for the owner. 4. All required copies of the application to amend the Collier County Growth Management Plan and supporting documentation along with the required filing fee must be submitted to the County Manager or his designee prior to the deadline established by the Board for each adoption cycle. Following the requisite submission: A. Prior to submittal, a pre- application conference shall occur between the petitioner and appropriate County staff to ensure that the amendment procedure is understood and adhered to. B. Staff shall perform an initial review of the proposed amendment application to determine whether additional information is necessary to enable staff to conduct a formal review and whether other amendments of the Growth Management Plan will be necessary to preserve the internal consistency of the Plan. Within 30 calendar days following the filing deadline, the staff shall notify the petitioner in writing, that: (i) staff has determined that the petition is adequate for formal review, or (ii) the application is inadequate for formal review and the notice shall set forth in detail the additional information deemed necessary for formal review of the petition. C. If the application is deemed insufficient, the petitioner shall have 30 calendar days from the date of receipt of staffs letter of insufficiency to supplement the application in response to the initial review. A second 30 day time period to respond to the insufficiency may be requested by the petitioner. D. County staff shall review the application and may consult with other County Departments or agencies as it deems necessary to evaluate the proposed amendment and shall prepare a report with a recommendation. E. The Public Hearings schedule and State Agency review time frames will be those as established by Section 163.3184, Florida Statutes, "Process for adoption of comprehensive plan or plan amendment. ", or Section 163.3187, Florida Statute, "Process for adoption of small -scale comprehensive plan amendment," as amended from time -to- time. Adoption of an amendment to the Growth Management Plan must be by Ordinance n and shall require four affirmative votes of the Board of County Commissioners. Packet Page -422- 12/8/2015 16.A.1. 5. This Resolution supersedes and repeals Resolution 97 -431, as amended by Resolution 98 -18, relating to prior Growth Management Plan Amendment procedures. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this 13th day of November, 2012. ATTEST,. - DWIQRT•E:•1ROM QLERK By: D — er A';ttit .at. to Clitthba 0, slim '� ws. to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: �� A J c� n FRED W. COYLE, CHA Packet Page -423- .i .{ + 12/8/2015 16.A.1. I 1 /1J /LU iG 1LC(tl 1 E.L. /-- , EXECUTIVE SUMMARY Recommendation to adopt a Resolution to establish the general requirements and procedures for amending the Collier County Growth Management Plan (GMP), as aligned with the Florida Statutes. OBJECTIVE: To have the Board of County Commissioners (BCC) approve the attached Resolution to modify the County's current procedures on amending the Growth Management Plan to reflect the changes within Florida State Statute provided for by the "Community Planning Act ", effective July 1, 2011 and provide direction on the options presented for the number of cycles per year. CONSIDERATIONS: During the legislative session of 2011, House Bill 7207, now known as the Community Planning Act, was passed to initiate substantial changes to the Florida statutory requirements regarding a wide variety of growth, management and planning regulations. The Bill removed restrictions upon the number of amendment cycles allowed for a local government's Growth Management Plan (state law previously contained limitation of two amendment cycles per year, with some exceptions), as well as altering the specifies of the process of amending the GMP. The current procedure for amending the GMP is dictated by Resolution 97 -431, as amended, which limits the amendment process to one amendment cycle per year, with the option for a second cycle at BCC direction.. At the October 9, 2012 BCC Public Hearing, the BCC provided direction to staff to revise the County's GMP amendment process to mirror the Florida Statutes, as well as provide the option for a tri- annual GMP amendment cycle. The attached Resolution would fulfill the n BCC's direction by repelling Resolution 97 -431, as amended, and replacing with a Resolution, which reiterates current Florida Statutes, and provides for a tri- annual amendment process. Additionally, Staff is requesting the BCC to establish the deadline of submittals for the tri- annual cycle of GMP amendments. Staff is recommending that all required copies of the application to amend the Collier County Growth Management Plan and supporting documentation along with the required filing fee for each requested change and/or amendment must be submitted to the County Manager or his designee per the current adopted fee schedule prior to 5:00 p.m. of the last Friday in January, May or September. Finally, staff is recommending the BCC maintains the current practice of processing the various types of GMP amendments in relation to the tri- annual cycles. The past practice, following Florida Statutes, exempted GMP amendments for DRI's, areas designated Rural Area of Critical Economic Concern (RACEC) and Small Scale amendments. Based upon the removal of the cycle restrictions, staff is requesting the BCC to maintain the exemption from the cycle limitations for the above described GMP amendments. It should be noted that Florida Statutes only requires that a simple majority vote of the Board of County Commissioners present at the hearing is required to adopt a Growth Management Plan. The proposed Resolution maintains the County's current practice of requiring a super majority of the BCC for approval of a GMP amendment. I Park-at Pace -i nm- Packet Page -424- 12/8/2015 16.A.1. 11113«V lG 11,1U111 I I.L-. FISCAL IMPACT: The fiscal impact of the proposed action will potentially increase the advertising cost associated with the GMP amendment process due to the past practice shared the advertising cost with all amendment requests within a cycle. The revised procedure would allocate the full cost upon each individual amendment request. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Adoption of the attached Resolution will allow for the County's procedures to align with those provided for with Florida Statute and decrease the potential time frame associated with an applicant's (private or public) ability to request a ,public hearing to amend the Growth Management Plan. It should be noted that the voting requirement for the adoption of a Growth Management Plan, per 162.3184, Florida Statutes, is a simple majority vote of the of the Board of County Commissioners present at the hearing, the proposed Resolution following the previous Resolution requires a super majority vote. There is also the potential for a negative impact in that a jurisdiction's Growth Management Plan is designed to be the long range vision for the community and the ability to amend that vision in a tri- yearly manner could bring uncertainty to the accountability within that long range vision. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval. -JAK STAFF RECOMMENDATION: Staff recommends the BCC adopts the attached Resolution to modify the County's procedures for GMP adoption with Florida statues; establish the deadlines for the tri- annual GMP amendment cycle, to 5:00 p.m. of the last Friday in January, May and September; and continue the exemption from the cycle limitations for DRI's, areas designated Rural Area of Critical Economic Concern (RACEC) and Small Scale amendments. Prepared by: Mike Bosi, AICP, Comprehensive Planning Manager and Interim Director, Department of Planning and Zoning Services Attachment: 1) Exhibit "A" Resolution to amend the Growth Management Plan amendment process. 2 Packet Page -1004- Packet Page -425-