Agenda 01/14/2014 Item # 16D15 Proposed Agenda Changes
Board of County Commissioners Meeting
January 14,2014
Move Item 16D14 to Item 11E: Recommendation to adopt a Resolution amending
Resolution No. 2013-227,the Collier County Domestic Animal Services Fee Policy,to provide
for the limited waiver of fees where necessary and no alternative exists. (Commissioner
Henning's request)
Move Item 16D15 to Item 11F: Recommendation to direct
the County Attorney to advertise an amendment to Section
5.04.05.D of the Land Development Code, which currently
provides that, after public hearing, the County Manager may
issue a 16-week, temporary use permit for the keeping of up to
two hogs on Estates zoned property of 1.25 acres or greater, in
preparation for showing and sale at the annual County Fair
and/or the annual Immokalee Livestock Show, which
amendment would convert this process from a public hearing
to a permit issued by the County Manager, and to further allow
one hog per each child enrolled in the 4-H Program, up to a
maximum of two hogs per acre, and that the Board stay the
enforcement of the current Ordinance until the public hearing.
(Commissioner Henning's request)
Note:
Item 16F1: Paragraph 3 under the Considerations section of the Executive Summary is
amended to read as follows: During the building permit process,a structure within the District
boundary will not be charged water and/or sewer impact fees unless a connection is available made.
(Commissioner Coyle's request)
Time Certain Items:
Item 11A to be heard at 10:00 a.m.
Item 13A to be heard at 1:00 p.m.
Item 9A to be heard at 1:30 p.m.
1/14/2014 16.D.15.
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise an amendment to Section 5.04.05.D of
the Land Development Code, which currently provides that, after public hearing, the County
Manager may issue a 16-week, temporary use permit for the keeping of up to two hogs on Estates
zoned property of 1.25 acres or greater, in preparation for showing and sale at the annual County
Fair and/or the annual Immokalee Livestock Show, which amendment would convert this process
from a public hearing to a permit issued by the County Manager, and to further allow one hog per
each child enrolled in the 4-H Program, up to a maximum of two hogs per acre, and that the Board
stay the enforcement of the current Ordinance until the public hearing.
OBJECTIVE: To allow greater participation in this 4-H Youth Development Program.
CONSIDERATIONS: In 2010, the Board adopted revisions to Section 5.04.05 of the Land
Development Code relating to raising hogs on Estates zoned land. Prior to the revisions, raising
hogs on Estates zoned land was strictly prohibited. The 2010 revisions provided a limited
exemption to this prohibition intended for participants in bona fide 4-H youth development
programs. More specifically, the revisions provide that, after public hearing, the County
Manager or designee may issue a non-renewable, 16-week, temporary use permit for:
...the keeping of up to two hogs, on Estates zoned property of 1.25 acres or
greater, in preparation for showing and sale at the annual County Fair. (See LDC
Section 5.04.05.D).
Since this provision was adopted, no permits have been issued. Recently, questions have arisen
over the exemption itself, as well as the 2 hog limit, permitting requirements, and the cost of this
$250 permit fee.
The proposed amendment would revise and remove language currently in Section 5.04.05.D
and create a subsection E, which would read as follows:
5.04.05 Temporary Events
D. Temporary Uses, not elsewhere classified. At the direction of the BCC, the
County may, from time to time, be called upon to allow certain uses for specific periods
of time. After public hearing, the County Manager or designee may issue a Temporary
Use Permit upon receipt of satisfactory evidence that all stipulations and/or requirements
have been satisfied.
47
E. Bona fide 4-H Youth Development Programs. A non-renewable 16 week
permit may be issued by the County Manager to allow for the keeping of up to 2 hogs one
hog per child enrolled in a 4-H Youth Development Programs, on Estates zoned property
of 1.25 acres or greater, in preparation for showing and sale at the annual Collier County
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1/14/2014 16.D.15.
Fair and/or the Immokalee Livestock Show. In no event,however, may there be more
than 2 hogs per acre.
1.a, Pastures shall be fenced and maintained. Any roofed structure used
for the sheltering, feeding, or confinement of such animals shall be
setback a minimum of 30 feet from lot lines and a minimum of 100 feet
from any residence on an adjacent parcel of land.
2.b- Structures, as described above, shall be maintained in a clean,
healthful, and sanitary condition.
3.E Once removed for showing and/or sale, the hog(s) shall not be
returned to the property.
4.4:This permit may be revoked with cause.
This approach (1) converts the permit process from a public hearing to one issued by the
County Manager, and (2) allows one hog per each child enrolled in the 4-H Program, up to a
maximum of two hogs per acre. By converting this to a permit issued by the County Manager,
the cost of the permit can be significantly reduced. The process need be no more complicated or
expensive than people getting a permit to hold a garage sale.
Should the Board approve this item, then staff would ask that any enforcement of the
current ordinance be stayed pending the Public Hearing.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority support for approval. Super-majority
support will be needed to amend this provision. -JAK
RECOMMENDATION: That the Board directs the County Attorney to advertise the above
proposed amendment to Section 5.04.05.D of the Land Development Code, and to bring back the
proposed amendment for a public hearing, and that the Board stay the enforcement of the current
ordinance until the public hearing.
Prepared by: Bryan Fluech, Collier County Extension Director
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1/14/2014 16.D.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.15.
Item Summary: Recommendation to direct the County Attorney to advertise an
amendment to Section 5.04.05.D of the Land Development Code, which currently provides that,
after public hearing, the County Manager may issue a 16-week, temporary use permit for the
keeping of up to two hogs on Estates zoned property of 1.25 acres or greater, in preparation for
showing and sale at the annual County Fair and/or the annual Immokalee Livestock Show,
which amendment would convert this process from a public hearing to a permit issued by the
County Manager, and to further allow one hog per each child enrolled in the 4-H Program, up to
a maximum of two hogs per acre, and that the Board stay the enforcement of the current
Ordinance until the public hearing.
Meeting Date: 1/14/2014
Prepared By
Name: Paula Springs
Title: Executive Aide to the BCC,
12/26/2013 11:07:59 AM
Approved By
Name: FluechBryan
Title: Director,University Extension
Date: 12/26/2013 12:35:04 PM
Name: BetancurNatali
Title: Operations Analys, Parks &Rec-NCRP Admin
Date: 12/26/2013 3:23:16 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 12/27/2013 2:09:09 PM
Name: CameliSteve
Title:Administrator-Public Services
Date: 1/2/2014 8:26:45 AM
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1/14/2014 16.D.15.
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 1/3/2014 9:22:19 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 1/3/2014 3:07:25 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/6/2014 8:16:58 AM
Name: OchsLeo
Title: County Manager
Date: 1/6/2014 10:36:52 AM
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