Agenda 02/12/2013 Item #16A192/12/2013 16.A.19.
EXECUTIVE SUMMARY
Recommendation to approve a Rezone petition fee reduction request for the proposed Ohlis Rezone
and provide direction to the County Manager or his designee to evaluate down zoning applications
as part of the Hearing Officer analysis.
OBJECTIVE: To have the Board of County Commissioners (BCC) authorize a fee adjustment
for a review of a Rezone petition and add down zoning applications to staff's analysis for a
Hearing Officer.
CONSIDERATIONS: The applicant for the Ohlis Rezone petition is planning to submit an
application to rezone the existing sunsetted VFW Planned Unit Development (PUD) from PUD
to the Estates (E) zoning district. The VFW PUD was approved by the BCC in Ordinance 75 -29
on January 25, 1975 and subsequently sunsetted with Resolution 2003 -53 on January 28, 2003.
The applicant for the rezone purchased the property in 2012 and wishes to rezone the
development back to the Estate zoning district. The surrounding parcels have remained Estates
zoned and are developed with residential dwellings consistent with this district. In effect this
petition will constitute a down zoning action from the more intense VFW use to the less
intensive residential use consistent with the surrounding neighborhood. The reduction in fee
requested for this Rezone petition is consistent with reduced staff review and processing efforts
required for this down zoning request. Staff has conducted the required pre - application meeting
with the applicant and no issues were raised during the meeting and staff agreed that review-
processing efforts would be reduced due to the relative simplicity of the request.
The current fee code, adopted on October 11, 2011 requires petitioners to pay a base review fee
of $6,000.00 plus $25.00 per acre to cover, staff reviews and processing, plus public advertising
fees. The applicant is seeking a reduction in the base review fee in recognition of the reduced
staff efforts noted above. Staff is proposing that the applicant pay for advertising and the actual
staff time (not to exceed $1,500.00) required to review and process the rezone.
FEE COMPARISON
Rezone Petition application fee per fee Code
Plus $25.00 /acre
$ 6,000.00
Amount of relief sought by applicant: Actual staff time not to exceed $ 1,500.00
The Collier County Growth Management Division / Planning and Regulation Fee Schedule states
that only the BCC can reduce or waive fees, therefore staff advised the applicant that BCC
approval would be required for this request. Due to the atypical amount of time and effort that
will be needed to complete the Rezone process staff supports a fee reduction for the Ohlis
Rezone petition. If approved, the applicant will pay for all other applicable fees including
advertising fees, etc. according to the adopted fee schedule. The BCC has approved other fee
reductions in the past where the average fee for service in the fee schedule is significantly
inconsistent with the effort required to provide the service.
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2/12/2013 16.A.19.
n
Additionally, the Board approved item 16Al2 on January 22, 2013 which included the following
language in the executive summary:
2. The establishment of a Hearing Officer. This position would be appointed and report
directly to the Board. It may also qual fy for funding through the General Fund. Staff
requests direction to explore the financial commitment of a Hearing Officer. In addition,
to identify ifother land use petitions could be reviewed by the Headng Officer in order to
maximize the financial investment of the County as well as utilize their expertise and the
quasi -iudicial function they wouldpeerform.
The language underlined for emphasis above notes that the role of the Hearing Officer could be
expanded to consider other petitions in an expedient, transparent, and cost efficient manner. The
Ohlis Rezone is another example where the process could be handled through a Hearing Officer.
FISCAL IMPACT: The proposed reduced fee is commensurate with the reduced staff effort
required to review and process the Rezone petition.
GROWTH MANAGEMENT PLAN IMPACT: The Growth Management Plan (GMP) does
not address fees thus no impact to the GMP is anticipated.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The
purpose of regulatory fees is to pay the cost of the regulatory activity for which they are
imposed; such fees cannot exceed the cost of the regulatory activity. Accordingly, this item is
legally sufficient, and requires majority support for approval. -JAK
RECOMMENDATION: That the BCC approve the requested fee reduction and directs the
County Manager or his designee to consider down zoning applications as part of the Hearing
Officer evaluation.
Prepared By: Nick Casalanguida, Administrator, Growth Management Division
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2/12/2013 16.A.19.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.19.
Item Summary: Recommendation to approve a Rezone petition fee reduction request for
the proposed Ohlis Rezone and provide direction to the County Manager or his designee to
evaluate down zoning applications as part of the Hearing Officer analysis.
Meeting Date: 2/12/2013
Prepared By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
2/4/2013 9:06:40 AM
Submitted by
Title: Deputy Administrator - GMD,Business Management & B
Name: CasalanguidaNick
2/4/2013 9:06:41 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 2 /4/2013 9:19:57 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/4/2013 10:08:15 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 2/4/2013 3:19:14 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/4/2013 4:28:34 PM
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Name: OchsLeo
Title: County Manager
Date: 2/5/2013 9:31:08 AM
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2/12/2013 16.A.19.