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Agenda 12/09/2014 Item #16A18 Proposed Agenda Changes Board of County Commissioners Meeting December 9,2014 Withdraw Item 8A: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve a Resolution relating to Petition Number ASW-PL20140000797,granting a waiver from the minimum required separation of 500 feet between automobile service stations pursuant to Section 5.05.05.B of the Land Development Code, for property located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida. (Petitioner's request) Withdraw Item 9A: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Standard Pacific of Florida GP, Inc. requests an appeal to the Board of County Commissioners of a final decision by the Collier County Planning Commission to deny Petition BDE-PL20130001765 for a 32-foot boat dock extension over the maximum 20-foot limit allowed by Section 5.03.06 of the Land Development Code for a total protrusion of 52 feet to accommodate a 42 slip multi-family docking facility for the benefit of a 19.06± acre project to be known as Ilaldeman's Landing in Sections 11 and 14,Township 50 South, Range 25 East,Collier County, Florida. (Petition ADA-PL20140001454] (Companion to Petition ST-PL20140000896). (Petitioner's request) Move Item 16A18 to Item 11G: Recommendation to approve the 2015 schedule for submittals to amend the Collier County Growth Management Plan (GMP), as aligned with the Florida Statutes, and to approve an exemption from the schedule to expedite an amendment related to the environmental review of oil wells, and allow for future exemptions, as determined by the Board. (Staffs request) Continue Item 16A28 to the January 13,2015 BCC Meeting: Recommendation to award 1TB No. 14- 6346, "Traffic Operations Signal Components", to the following vendors: Multicom Inc.,Transportation Control Systems, Peck"Traffic Corporation, Express Supply,'Temple Inc.,Traffic Signal Inc. (Staff's request) Continue Item 16F5 to the January 13,2015 BCC Meeting: Recommendation to approve the Clam Bay Natural Resource Protection Area (NRPA) Management Plan (Plan) and authorize Pelican Bay Services Division to administer the Plan and submit it with the 10 Year Permit Application to the required Federal and State Agencies. (Commissioner Taylor and Commissioner Fiala's separate requests) Time Certain Items: Item 11C to be heard at 10:45 a.m. 12/9/21)14%:14.a,AI 12/9/2014 16.A.18. EXECUTIVE SUMMARY Recommendation to approve the 2015 schedule for submittals to amend the Collier County Growth Management Plan (GMP), as aligned with the Florida Statutes, and to approve an exemption from the schedule to expedite an amendment related to the environmental review of oil wells, and allow for future exemptions, as determined by the Board . OBJECTIVE: To have the Board of County Commissioners (BCC) approve the 2015 schedule for amending the Collier Growth Management Plan to reflect the changes provided for within Resolution #12-234, adopted by the BCC at the November 13, 2012 public hearing, and to approve exemptions from the schedule. CONSIDERATIONS: Resolution #12-234 provides for a tri-annual GMP amendment cycle, but the resolution does not contain the specificity of when the tri-annual cycle of GMP amendments are to be initiated. The schedule proposed would require copies of an application to amend the Collier County Growth Management Plan to be submitted no later than the last Friday in February,June and October. It should be noted that 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 BCC. Staff is requesting the 2015 GMP amendment schedule to give the development community and the general public advanced certainty of the upcoming year's submittal dates for GMP amendments. Additionally, as noted in the Executive Summary that accompanied Resolution #12-234, staff is recommending the BCC 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 GMP amendments: DRI-related, located within a designated Rural Area of Opportunity (RAO), and Small Scale amendments. Staff is requesting the BCC maintain the exemption from the cycle limitations for the above described GMP amendments. Further staff is requesting that the Board approve an expedited GMP amendment cycle to allow for the potential environmental review of oil wells. Currently, within the Conservation and Coastal Element, Policy 1.1.6, provides for environmental review of oil wells through the state permitting process, "All applicable County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in the County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FA.C.. " At the November 18, 2014, the Board directed the County Attorney to work with staff to eliminate this restriction and the requested special expedited cycle is proposed to allow for the processing of this request. If approved the amendment would require transmittal and adoption hearings with the Planning Commission/Environmental Advisory Council (CCPC)/(EAC) and the Board, following the State's coordinated review process for amendments to the County's GMP. The tentative schedule would allocate a February transmittal hearing for the CCPC, and March hearing for the Packet Page -1123- 12/9/2014 16.A.18. Board. The adoption hearings would be anticipated to be held in July for the CCPC/EAC and September for the Board. FISCAL IMPACT: There is no fiscal impact for approving the proposed schedule, the special cycle for environmental review for oil wells and the exemption from the cycles of certain types of GMP amendments. The staffing and legal advertising for the special cycle will be absorbed within the Planning& Zoning Department's existing budget. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Approval of the proposed 2015 schedule for GMP amendment applications will satisfy the direction provided for in Resolution 12-234, which allocates a tri-annual cycle for GMP amendments. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues at this time, and requires majority vote for approval. -JAK RECOMMENDATION: Recommendation for the BCC to approve: (1)the schedule for the tri- annual GMP amendment cycle as the last Friday in February, June and October; (2) a special expedited cycle to allow for the potential of environmental review of oil wells; and, (3) 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, Department of Planning and Zoning Services Attachment: Exhibit"A"-Resolution #12-234 Packet Page -1124- 12/9/2014 16.A.18. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.18. Item Summary: Recommendation to approve the 2015 schedule for submittals to amend the Collier County Growth Management Plan (GMP), as aligned with the Florida Statutes, and to approve an exemption from the schedule to expedite an amendment related to the environmental review of oil wells, and allow for future exemptions, as determined by the Board Meeting Date: 12/9/2014 Prepared By Name: BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning 11/7/2014 2:06:48 PM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 11/12/2014 2:46:53 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 11/20/2014 4:40:59 PM Name: CasalanguidaNick Title: Administrator-Growth Management Div, Business Management&Budget Office Date: 11/23/2014 9:43:22 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/24/2014 8:51:37 AM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 11/24/2014 9:12:53 AM Name: FinnEd Packet Page -1125- 12/9/2014 16A18. Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 11/25/2014 10:38:54 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/25/2014 10:45:56 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 11/30/2014 8:01:59 PM Packet Page-1126- 12/9/2014 16.A.18. RESOLUTION 12-234 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 163.33 184, 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 -1127- 12/9/2014 16.A.18. 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 and shall require four affirmative votes of the Board of County Commissioners. Packet Page -1128- 12/9/2014 16.A.18. 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:, ' . BOARD OF COUNTY COMMISSIONERS DWIGHT E: lRO , CLERK COLLIER COUNTY, FLORIDA B9k/t1.12124_,,,y: . . SA a/ By: C Dopu er FRED W. COYLE, CHAI' • Attest It to C1it;r`soo it :.til.3=, Ap:;ove to form and legal sufficiency: 4 m4Jj` N, Jeffrq • `K-71.• ow Coun • trmey Packet Page -1129-