Agenda 01/08/2013 Item #16A 4 1/8/2013 Item 16.A.4.
EXECUTIVE SUMMARY
Recommendation to approve the 2013 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 (BCC) approve the 2013 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-
/34, every year the GMP amendment cycle will be set by the BCC. Staff intends to propose the
2014 GMP amendment schedule in October of 2013 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 Critical Economic Concern (RACEC), and Small Scale amendments.
Staff is requesting the BCC maintain the exemption from the cycle limitations for the above
described GMP amendments.
)FISCAL IMPACT: 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 2013
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, is legally
sufficient, and requires majority vote for approval. -HFAC
RECOMMENDATION: Recommendation for the Board to approve: (1) the schedule for the
tri-annual GMP amendment cycle application submittal deadlines as the last Friday in February,
June and October; and, (2) the exemption from the cycle limitations for the following types of
GMP amendments: DRI-related, located within a designated Rural Area of Critical Economic
Concern(RACEC), and Small Scale amendments.
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1/8/2013 Item 16.A.4.
Prepared by: Mike Bosi,AICP, Comprehensive Planning Manager and Interim Director,
Department of Planning and Zoning Services
Attachment: Exhibit"A" -Resolution#12-234
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1/8/2013 Item 16.A.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4.
Item Summary: Recommendation to adopt the 2013 schedule for submittals to amend
the Collier County Growth Management Plan (GMP), as aligned with the Florida Statutes.
Meeting Date: 1/8/2013
Prepared By
Name: BosiMichael
Title: Manager-Planning,Comprehensive Planning
11/29/2012 4:18:15 PM
Submitted by
Title: Manager-Planning,Comprehensive Planning
Name: BosiMichael
11/29/2012 4:18:17 PM
Approved By
Name:PuigJudy
Title: Operations Analyst,GMD P&R
Date: 12/18/2012 11:57:09 AM
Name: WeeksDavid
Title: Manager-Planning,Comprehensive Planning
Date: 12/20/2012 10:47:12 AM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 12/20/2012 4:46:28 PM
Name:AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 12/27/2012 11:23:20 AM
Name: KlatzkowJeff
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1/8/2013 Item 16.A.4.
Title: County Attorney
Date: 12/27/2012 2:36:42 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 12/28/2012 9:30:39 AM
Name: OchsLeo
Title: County Manager
Date: 12/31/2012 11:07:03 AM
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1/8/2013 Item 16.A.4.
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
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1/8/2013 Item 16.A.4.
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 staff's 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.
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1/8/2013 Item 16.A.4.
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.
A•FIEST:. - '. BOARD OF COUNTY COMMISSIONERS
DWIGHT'E:-BRO , CLERK COLLIER COUNTY, FLORIDA
•By: I-*i / B
Dopu er FRED W. COYLE, CHAI' •
k';tfit .as t0 {7i4thme
ilpttur! m
Ap ;ove, to form and legal sufficiency:
.NLV4,
Jeffr ,; • K7'• ow
Coun', • orney
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