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Agenda 09/10/2013 Item #17E 9/10/2013 17.E. EXECUTIVE SUMMARY Recommendation to approve an amendment to Ordinance Number 2009-22,as amended, 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(LDC). OBJECTIVE: To have the Board of County Commissioners (BCC) amend Ordinance Number 2009-22, as noted above. CONSIDERATIONS: On July 9, 2013, the BCC approved Agenda Item 16A21 requesting a one year extension of Ordinance Number 2009-22, as amended, the state of local economic emergency tolling as provided in Section 10.02.13.D of the Collier County Land Development Code (LDC) the Planned Unit Development (PUD) time limits and time limit extension requirements to May 12, 2014. Based upon the Board's action, staff advertised the amended Ordinance for BCC adoption. FISCAL IMPACT: Eliminating or delaying the need to apply for an extension or for a PUD amendment will benefit to the property owner/developer as it defers the applicable fees for either a PUD Extension or a PUD Amendment. 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. A majority vote is needed for Board approval.—HFAC RECOMMENDATION: That the BCC approve an amendment to Ordinance Number 2009- 22, as amended, to extend the state of local economic emergency, tolling of PUDs to May 12, 2014. PREPARED BY: Mike Bosi, 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 Packet Page -3155- 9/10/2013 17.E. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.E. Item Summary: Recommendation to approve an amendment to Ordinance Number 2009-22, as amended,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 (LDC). Meeting Date: 9/10/2013 Prepared By Name: BosiMichael Title: Manager-Planning,Comprehensive Planning 7/23/2013 10:45:40 AM Approved By Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 8/13/2013 10:41:12 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/20/2013 11:24:50 AM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Date: 8/20/2013 4:50:21 PM Name: KlatzkowJeff Title: County Attorney Date: 8/23/2013 9:01:46 AM Name: FinnEd Title: Senior Budget Analyst,OMB Date: 8/23/2013 3:24:53 PM Name: OchsLeo Title: County Manager Packet Page-3156- 9/10/2013 17.E. Date: 8/29/2013 4:38:24 PM oak Packet Page-3157- 9/10/2013 17.E. f,3 ORDINANCE NO. 2009- 22 in ,',RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ete C ' LIER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL 'ONOMIC EMERGENCY; TOLLING TO MAY 12, 2011 THE ��s8C99b£'L '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 T—, WHEREAS, tolling of the Planned Unit Development time limit and time limit exterision.0 is necessary to relieve conditions resulting from the local economic emergency; and Paoe 1 of l Packet Page-3158- 9/10/2013 17.E. 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. PaaP 9 of l Packet Page-3159- 9/10/2013 17.E. 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 ;aoh day of M ay , 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA B fr. By: ,C ., A - 'ipu_ty Ms C�� DO A FIALA, Chairman - n OM Is Ap o rot ed 4i to form an. le: • ,ffi •-- -y: �► +ee itfe2t wti I ig ; •ry of Stoles Cyr , •• of. 4 and acknowiedgerne rl • oil �J,; fill rcei th's Jeffr ., Klatzkow of. Cou y A orney BY Dower cw 04-COA-0l0 , 1039/4-24-09 D.,..e2 „a2 Packet Page-3160- 9/10/2013 17.E. 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'.WCle,, k Ex-officio to Board of County Commissioire`rs'. By: Teresa Polaski', Deputy Clerk Packet Page-3161- �� V� 9/10/2013 17.E. ��CE1�E0 w .Ac. 04 ORDINANCE NO. 2011-21 's---/ ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERSF"pr `<} ' •LLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2009-`2(i `, •g ew �ti?!•��a XTENDING THE STATE OF LOCAL ECONOMIC EMERGENCY;o TOLLING TO MAY 12, 2012 THE PLANNED UNIT DEVELOPMENT p 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, 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 struck through are deleted; words underlined:,are added. Packet Page-3162- 9/10/2013 17.E. SECTION TWO: Conflict and Severability. AIN 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 itk County, Florida, this / y day of Tf , .. , 2011. ATTI✓ ..•••••.. �4.' ; > BOARD OF COUNTY COMMISSIONERS -D144- W CikT ERQC1- .,ERK COLLIER COUNTY, FLORIDA By �#ii a'.�.� By: `7� .0t•ac-•lifts • 1r1' FRED W. COYLE, Chai st-I i. Approved as to form and legal sufficiency: • . / This ordinance filed with the H' .1 As ton-Cicko Slcretary of State's Office the Assistant County Attorney �� day of�nG , Section Chief, Land Use/Transportation and acknowledgeme that filin- received this day CP•,04-con-01019�,i ioi pf / - o 1 By �£'► J.i—'� r; Deputy clerk, Words struck are deleted; words underlined are added. Packet Page-3163- 9/10/2013 17.E. 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 Boar `'• , County Commissi xs • yr;. ThAiuxk.., 'ly,; i • •r ws ,i ' • By: Martha VeY9. ,- .`� Deputy Clerk,,'�1r.A r ', Packet Page-3164- 9/10/2013 17.E. ORDINANCE NO. 12-28 Agsik ' ri INANCE OF THE BOARD OF COUNTY COMMISSIONE• ' ®F COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 200V-i2, ^' AS AMENDED, EXTENDING THE STATE OF LOCAL ECONOMIC n U EMERGENCY; TOLLING TO MAY 12, 2013 THE PLANNED JT , "= DEVELOPMENT TIME LIMIT AND TIME LIMIT EXTENSi REQUIREMENTS AS FOUND IN SECTION 10.02.13.D OF THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT 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 Fin 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, 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 stRiek-threugh are deleted; words underlined are added. Packet Page-3165- 9/10/2013 17.E. 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 ex fl day of tti C , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROOK, CLERK COLLIER COUNTY, FLORIDA By: I By: `- Deputyti •- FRED W. COYLE, Chain *ttNt `qt Or Coisinmivi Approved as to f6frn and legal sufficiency: /�t C40 k`ti ` �. This ordiricnce filed with the eidi Ashton-Cicko y5`..,, Secretory of State's Office the "day of Manning Assistant County Attorney and acknowlej emsnt of that 11-GPS-01101;9 filir received.ihisc day By p id�_`+„ . Cepvty ckbrk'.- - Words struck through are deleted; words underlined are added. Packet Page-3166- 9/10/2013 17.E. 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 ,arfd'`•Clerk Ex-officio to Board of*> County Commissi#ers - , t f By: Martha Verg*r , Deputy Clerk Packet Page-3167- 9/10/2013 17.E. 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. WI-IEREAS, 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, Packet Page-3168- -v 9/10/2013 17.E. May-4-21-2-04-3 Ma 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 legal sufficiency: ‘e° Heidi Ashton-Cicko Managing Assistant County Attorney I I-&1'S-U 1 101/15 +ems Words struck through are deleted; words underlined are added. Packet Page_3169- 9/10/2013 17.E. 26D I) Wednesday, August 21,2013 A NAPLES DAILY NEWS • NOTICE OF MEETING NOTICE OF MEETING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby:given that on Tuesday, September 10,2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: • AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 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 SEVERABWTY;AND PROVIDING AN EFFEC- TIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. • NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual,to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or'organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written material intended to be considered by the Board shall be submitted to.the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes testimony and evidence upon which the appeal is based. P If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA • GEORGIA A.HILLER,ESQ,CHAIRWOMAN - • DWIGHT E.BROCK,CLERK By:Ann Jennejohn,Deputy Clerk • (SEAL) • Auaust 21.2013 No.1997624 • Packet Page -3170- • •