Agenda 07/09/2013 Item #16A21 7/9/2013 16.A.21.
EXECUTIVE SUMMARY
Recommendation to direct the County Manager to prepare an amendment to Ordinance
Number 2009-22 to extend the state of local economic emergency; tolling to May 12, 2014
the PUD time limits and time limit extension requirements as found in Section 10.02.13.D
of the Collier County Land Development Code (LDC).
OBJECTIVE: To have the Board of County Commissioners (BCC) approve an amendment to
Ordinance Number 2012-28 in order to extend the tolling on existing zoned projects for one
additional year so that staff can evaluate sunset provisions in the LDC.
CONSIDERATIONS: On June 26, 2012, the BCC approved Agenda Item 16A7 which
provided for an additional year of tolling due to the local economic emergency. This adjusted the
time limits in Section 10.02.13.D of the Collier County LDC for PUD time limits and time limit
extension requirements to May 12, 2013. While the economy is improving, staff believes that
extending the tolling one more year would allow existing projects the opportunity to move into
the development phase at the same time as we review the tolling section of the LDC. It should be
noted, that the local economy has seen a year over year increase in the permitting activity for
residential development however, commercial projects are still waiting for additional residential
projects to be occupied before moving forward.
When considering the benefits versus the impacts from prior Board extension approvals, staff
believes that the tolling section of the LDC should be reviewed for relevancy within the next
year.
FISCAL IMPACT: Eliminating or delaying the need to apply for an extension or for a PUD
amendment will benefit to the property owner as it defers the applicable fees for either a PUD
Extension or a PUD Amendment and decreases the time to market if they wish to move forward.
GROWTH MANAGEMENT IMPACT: Delaying the requirement for a PUD extension or
amendment to a PUD may delay the need to update the respective PUD documents to comply
with recent changes to the Growth Management Plan(GMP)and/or LDC.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a
majority vote for approval. -HFAC
RECOMMENDATION: That the Board direct the County Manager to prepare an amendment
to Ordinance Number 2009-22 to extend the state of local economic emergency; tolling to May
12, 2014 the PUD time limits and time limit extension requirements as found in Section
10.02.13.D of the Collier County LDC. Additionally, for the BCC to direct the County Manger
or his designee to evaluate the current PUD sunset requirements within the LDC and bring back
their findings and recommendations.
PREPARED BY: Mike Bosi, AICP, Director, Planning and Zoning Department, Growth
Management Division
Attachments: A) Ordinance Number: 09-22; B) Ordinance Number: 11-21; C) Ordinance
Number: 12-28; D)Proposed Ordinance Amendment
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.21.
Item Summary: Recommendation that the BCC direct staff to bring back an amendment
to Ordinance Number 2009-22 to extend the state of local economic emergency, which will toll
to May 12, 2014 the Planned Unit Development (PUD) time limits and time limit extension
requirements as found in Section 10.02.13.D of the Collier County Land Development Code.
Meeting Date: 7/9/2013
Prepared By
Name: BosiMichael
Title: Manager-Planning,Comprehensive Planning
6/25/2013 9:00:29 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 6/25/2013 9:41:37 AM
Name: AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 6/28/2013 1:21:29 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 7/1/2013 10:03:12 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/1/2013 11:21:22 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 7/1/2013 11:35:22 AM
Name: OchsLeo
Title: County Manager
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7/9/2013 16.A.21.
Date: 7/2/2013 10:48:43 AM
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1$ It" ,
ORDINANCE NO. 2009- 22
• RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
t N C c LIER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL
0
< r 'ONOMIC EMERGENCY; TOLLING TO MAY 12, 2011 THE
g8[9 3'x£2 'LANNED UNIT DEVELOPMENT TIME LIMIT AND TIME LIMIT
EXTENSION REQUIREMENTS AS FOUND IN SECTION 10.02.13.D OF
THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the United States of America, the State of Florida and Collier County are
presently experiencing an economic downturn not experienced in the last 30-40 years; and
WHEREAS, individual citizens and families living in the United States, Florida and
Collier County are experiencing negative effects from this economic downturn; and
WHEREAS, because of significant revenue decreases at the State and local levels, jobs
are being lost, homes are being foreclosed, and services are being cut; and
WHEREAS, Collier County is currently experiencing a dramatic and devastating decline
in the residential and commercial development markets that adversely impact the entire local
economy; and
WHEREAS, Section 10.02.13.D of the Collier County Land Development Code provides
for Planned Unit Development time limit and time limit extension requirements. The local
economic emergency has created a situation that is making it impractical, if not impossible, for
developers of Planned Unit Developments to complete their projects within the time limits
established prior to this period of local emergency. Collier County currently has a very large
number of homes that have been approved for development but have not been built and are not
anticipated to be built during the period of the local economic emergency; and
WHEREAS, tolling of the Planned Unit Development time limit and time limit extension
is necessary to relieve conditions resulting from the local economic emergency; and
Pace 1 of 3
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WHEREAS, because of this emergency, the Board wishes to toll the Planned Unit , ,
Development time limit and time limit extension provisions without going through the process of
amending the Land Development Code as set forth in Sections 10.02.08.0 and 10.02.09 of the
Land Development Code.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Short Title and Recitals.
This Ordinance shall be known as the Collier County Local Economic Emergency
Ordinance, and the above findings and recitals are hereby adopted by reference into this
Ordinance.
SECTION TWO: Declaration of Local Economic Emergency.
The Collier County Board of County Commissioners, convened in regular session,
hereby declares and ordains that a local economic emergency exists within Collier County,
Florida, requiring immediate measures to address the emergency before irreversible harm is done
to the economic well being of the citizens of the County. This Ordinance is adopted after public
hearing pursuant to, and in accordance with, Section 125.66(2), Florida Statutes.
SECTION THREE: Tolling of Land Development Code Section 10.02.13.D.
Section 10.02.13.D of the Collier County Land Development Code provides for Planned
Unit Development time limit and time limit extension requirements. These time limit and time
limit extension requirements are hereby tolled to May 12, 2011 for Planned Unit Developments
which have not sunsetted prior to the effective date of this Ordinance. Prior to May 12, 2011, the
Board of County Commissioners will determine if the declaration of Local Economic Emergency
should be ended.
PS UP of
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SECTION FOUR: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION SIX: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 1,34'1 day of (1/a / , 2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
$ N ' By: £ I. ... — --- -
M it ut Clerk DO A FIALA, Chairman
Zvi c 1ridn s
01110
Ap.■rbtcbd fas to form •
an• le: ffi
TfipiCe �t1ea w1
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t► ; •ry of State's C' ^'" f
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�6 1 and acknowledgeme rl •
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lU4,11, �.
Jeffr... Klatzkow of :I „�, �.� •
Cou yA.orney pup,
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2009-22
Which was adopted by the Board of County Commissioners
on the 12th day of May, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of May, 2009 .
DWIGHT E. BROCK
Clerk of Courts and"Cle.rk
Ex-officio to Board of
County CommissioRd—rs
41Ia' J
By: Teresa Polaski',
Deputy Clerk
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Nti,l(-2?.2°
, 29,?o, 7/9/2013 16.A.21 .
e iot,)
c ,�N ORDINANCE NO. 2011-21
8/1 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS`VV
,9,.
• ' •LLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2009- ).`•
XTENDING THE STATE OF LOCAL ECONOMIC EMERGENCY;o,
TOLLING TO MAY 12, 2012 THE PLANNED UNIT DEVELOPMENT
TIME LIMIT AND TIME LIMIT EXTENSION REQUIREMENTS AS Y'
FOUND IN SECTION 10.02.13.D OF THE LAND DEVELOPMENT
CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 12, 2009, the Board of County Commissioners adopted Ordinance
No. 2009-22, the Collier County Local Economic Emergency Ordinance which declared a local
economic emergency requiring immediate measures to be taken to address the emergency such
as the tolling of the Planned Unit Development time limit and time limit extension provisions in
Land Development Code Section 10.02.13.D.; and
WHEREAS, the Board of County Commissioners finds that the period of local economic
emergency continues and desires to extend the tolling of the Planned Unit Development time
limit and time limit extension provisions in Land Development Code Section 10.02.13.D.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendment to Section Three of Ordinance No. 2009-22, Tolling of
Land Development Code Section 10.02.13.D.
Section Three of Ordinance 2009-22 is hereby amended as follows:
Section 10.02.13.D of the Collier County Land Development Code provides for Planned
Unit Development time limit and time limit extension requirements. These time limit and time
limit extension requirements are hereby tolled to May 12, 2011 May 12, 2012 for Planned Unit
Developments which have not sunsetted prior to the effective date of this Ordinance. Prior to
May 12, 2011 May 12, 2012, the Board of County Commissioners will determine if the
declaration of Local Economic Emergency should be ended.
Words strucli-threugh are deleted; words underlined are added.
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SECTION TWO: Conflict and Severability.
Auk
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this i i day of 11,4 e, , 2011.
'ATTRaT‘0..•••••.., v^�•''k' BOARD OF COUNTY COMMISSIONERS
-ITV (10 ERK COLLIER COUNTY, FLORIDA
By:
'�-> t�f =C - �� FRED W. COYLE, Chai
1,1i 1
Approved as to form
and legal sufficiency:
l . A ��� •
- /, This ordinance filed with the
Fl As ton-Cicko S cretary of State's Office the
Assistant County Attorney � day of`�`)fl ' toil
Section Chief, Land Use/Transportation and acknowfedgemerlt that
thin• received this 4- Y
CP,04-COA-01019',1101 Pf - r _v im ..•
, By Ina largrAratti Words are deleted; words underlined are added.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit , Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2011-21
Which was adopted by the Board of County Commissioners
on the 14th day of June, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of June, 2011 .
DWIGHT E . BROCK
Clerk of Courts and Clerk
Ex-officio to BOAT" .t'a ,
County Commissxs • L, ;" "
-% :I. ,: ,' . — '
s lam;
By: Martha V e g. •••"0`
Deputy Clerk,,°0r.8 •'
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i
#J Liff) ORDINANCE NO. 12-28
1
.J INANCE OF THE BOARD OF COUNTY COMMISSIONE rF
r COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 200i2, ^'
mfr AS AMENDED, EXTENDING THE STATE OF LOCAL ECONO$ IC
EMERGENCY; TOLLING TO MAY 12, 2013 THE PLANNED U JT ,
DEVELOPMENT TIME LIMIT AND TIME LIMIT EXTENS W
REQUIREMENTS AS FOUND IN SECTION 10.02.13.D OF THE LA`-'-$D
DEVELOPMENT CODE; PROVIDING FOR CONFLICT .c-
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. •
WHEREAS, on May 12, 2009, the Board of County Commissioners adopted Ordinance
No. 2009-22, the Collier County Local Economic Emergency Ordinance, which declared a local
economic emergency requiring immediate measures to be taken to address the emergency such
as the tolling of the Planned Unit Development time limit and time limit extension provisions in
Land Development Code Section 10.02.13.D.; and
WHEREAS, on June 14, 2011, the Board of County Commissioners adopted Ordinance
No. 2011-21, which amended the Collier County Local Economic Emergency Ordinance by
extending the tolling date; and
WHEREAS, the Board of County Commissioners finds that the period of local economic
emergency continues and desires to further extend the tolling of the Planned Unit Development
time limit and time limit extension provisions in Land Development Code Section 10.02.13.D.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendment to Section Three of Ordinance No. 2009-22, as amended,
Tolling of Land Development Code Section 10.02.13.D.
Section Three of Ordinance 2009-22 is hereby amended as follows:
Section I0.02.13.D of the Collier County Land Development Code provides for Planned
Unit Development time limit and time limit extension requirements. These time limit and time
limit extension requirements are hereby tolled to May 12, 2012 May 12, 2013 for Planned Unit
Developments which have not sunsetted prior to the effective date of this Ordinance. Prior to
May 12, 2012 May 12, 2013, the Board of County Commissioners will determine if the
declaration of Local Economic Emergency should be ended.
Words struck through are deleted; words underlined are added.
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SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 2l `day of l , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: Bk
- ,_Depu ty C1e FRED W. COYLE, Chairs an
Attest "es a CAt Creaks i
**start ... 7y` •
Approved as to form
and legal sufficiency:
III N� \.` This ordincnce filed with the
eidi Ashton-Cicko `'` Secretory of State's Off' e the
doy of , � °
Managing Assistant County Attorney and acknowledgemento that
filirr� received this _. � day
i-CPS-O l l 01,9 of 1L AI-
By y
Sy err
Oepaty Cl►rlcs,_%ter
Words are deleted; words underlined are added.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2012-28
which was adopted by the Board of County Commissioners
on the 24th day of July, 2012 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of July, 2012 .
DWIGHT E. BROCK
Clerk of Courts ,aric Cie_ rk
Ex-officio to Board ofY',',
County Commis.ei ierS ;
~
✓
•V f
By: Martha Verg x `'
Deputy Clerk
ft,
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ORDINANCE NO. 13-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-22,
AS AMENDED, EXTENDING THE STATE OF LOCAL ECONOMIC
EMERGENCY; TOLLING TO MAY 12, 2014 THE PLANNED UNIT
DEVELOPMENT TIME LIMIT AND TIME LIMIT EXTENSION
REQUIREMENTS AS FOUND IN SECTION 10.02.13.D OF THE LAND
DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 12, 2009, the Board of County Commissioners adopted Ordinance
No. 2009-22, the Collier County Local Economic Emergency Ordinance, which declared a local
economic emergency requiring immediate measures to be taken to address the emergency such
as the tolling of the Planned Unit Development time limit and time limit extension provisions in
Land Development Code Section 10.02.13.D.; and
WHEREAS, on June 14, 2011, the Board of County Commissioners adopted Ordinance
No. 2011-21, which amended the Collier County Local Economic Emergency Ordinance by
extending the tolling date; and
WHEREAS, on July 24, 2012, the Board of County Commissioners adopted Ordinance
No. 2012-28, which amended the Collier County Local Economic Emergency Ordinance by
extending the tolling date; and
WHEREAS, the Board of County Commissioners finds that the period of local economic
emergency continues and desires to further extend the tolling of the Planned Unit Development
time limit and time limit extension provisions in Land Development Code Section 10.02.13.D.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendment to Section Three of Ordinance No. 2009-22, as amended,
Tolling of Land Development Code Section 10.02.13.D.
Section Three of Ordinance 2009-22 is hereby amended as follows:
Section 10.02.13.D of the Collier County Land Development Code provides for Planned
Unit Development time limit and time limit extension requirements. These time limit and time
limit extension requirements are hereby tolled to May 12, 2013 May 12, 2014 for Planned Unit
Developments which have not sunsetted prior to the effective date of this Ordinance. Prior to
Words struck through are deleted; words underlined are added.
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May 12, 2013 May 12, 2014, the Board of County Commissioners will determine if the
declaration of Local Economic Emergency should be ended.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk GEORGIA A. HILLER, ESQ., Chair
Approved as to form
and legality:
E-tt���`'`,
Heidi Ashton-Cicko
Managing Assistant County Attorney
)1-CPS-01101/15
Words struck through are deleted; words underlined are added.
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