Agenda 06/26/2012 Item #16A 76/26/2012 Item 16.A.7.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to Ordinance Number 2011 -21, the
Planned Unit Development (PUD) time limits and time limit extension requirements as
found in Section 10.02.13.1 of the Collier County Land Development Code (LDC).
OBJECTIVE: To have the Board of County Commissioners (BCC) amend Ordinance
Number 2011 -21, as noted above.
CONSIDERATIONS: In response to a severe downturn in the local and national economy,
the BCC approved Ordinance Number: 09 -22 during their April 12, 2009 meeting that tolled
the time limits related to the development time frames and sunsetting criteria, as defined in
Section 10.02.13.1) of the LDC for all active PUDs in the unincorporated area of Collier
County for a period of two years to May 12, 2011. The ordinance was amended by the BCC
on June 14, 2011 (Ordinance Number: 2011 -21) that extended the tolling timeframe from
May 12, 2011 to May 12, 2012.
It should be noted that Ordinance Number 2011 -21 contained a provision for the BCC to
consider an extension of the May 12, -2012 tolling time period if the economic conditions
warranted an extension. While the County is currently experiencing an increase in
construction activity resulting from the issuance of building permits for single family
dwellings that were approved pursuant to the existing zoning entitlements, new applications
for site development plans and platting continues to lag behind despite indications of an
improving economy. Therefore, staff is seeking Board direction on additional tolling
extension.
It should be noted that the tolling of PUDs for an additional year does not extend the time
limits for those PUDs that have already sunsetted. Although the initial Ordinance, as
amended, provided a three -year tolling period, the consensus of staff is that only one year is
necessary at this time. The BCC would still be able to re- evaluate this recommendation in
May of 2013.
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 legally sufficient for Board action. A majority
vote is needed for Board approval. —HFAC
Amendment to Ordinance Number: 2011 -21
Revised: 6 -13 -12
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6/26/2012 Item 16.A.7.
RECOMMENDATION: That the BCC consider an amendment to Ordinance Number
2011 -21 to extend the state of local economic emergency; tolling to May 12, 2013 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).
PREPARED BY: Raymond V. Bellows, Planning Manager, Zoning Services Section
Department of Zoning & Land Development Review
Attachments:
A. Ordinance Number: 09 -22
B. Ordinance Number: 11 -21
C. Draft Ordinance Amendment
Amendment to Ordinance Number: 2011 -21 2
Revised: 6 -13 -12
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6/26/2012 Item 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7.
Item Summary: Recommendation to approve an amendment to Ordinance Number 2011-
21, the Planned Unit Development (PUD) time limits and time limit extension requirements as
found in Section 10.02.13.1) of the Collier County Land Development Code (LDC).
Meeting Date: 6/26/2012
Prepared By
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
5/30/2012 3:22:28 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 5/31/2012 12:32:56 PM
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
Date: 6/5/2012 10:07:27 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 6/5/2012 12:17:26 PM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 6/7/2012 1:21:28 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/13/2012 10:00:59 AM
Name: AshtonHeidi
Title: Section Chief /Land Use- Transportation,County Attor
Date: 6/15/2012 2:59:26 PM
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Name: KlatzkowJeff
Title: County Attorney
Date: 6/15/2012 4:52:44 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/15/2012 4:58:41 PM
Name: OchsLeo
Title: County Manager
Date: 6/17/2012 9:07:55 AM
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6/26/2012 Item 16.A.7.
6/26/2012 Item 16.A.7.
qj v-
•�D ORDINANCE NO. 2009- 22
RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
`. C LEER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL TOLLING THE
ONOMIC EMERGENCY; to�g8t ogit£�' N D UNI DEVELOPMENT TIME LIMIMAY AND 12, TIME 1LIMIT
EXTENSION REQUIREMENTS AS FOUND IN SECTION 10.02.13.1) 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',, -`�
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6/26/2012 Item 16.A.7.
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 Tide 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 10.02.13.13.
Section 10.02.13.13 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.
Page 2 of 3
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6/26/2012 Item 16.A.7.
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 V1411 day of R 2009.
ATTEST:
DWIGHT E. BROCK, Clerk
u�ty Clerk
oP : GM h'aan % we
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By-
DO A FIALA, Chairman
Page 3 of 3
T Packet Page -847-
ry of State's
and otknowledgeme f+
filln, reef th
J.
6/26/2012 Item 16.A.7.
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' "Ce�k
Ex- officio to Board of f
County Commission#rs-.
By: Teresa Polaski',
Deputy Clerk
.__ Packet Page -848-
6/26/2012 Item 16.A.7.
� �ECE1�E0 W
ORDINANCE NO. 2011- 21
-�
" A ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS`O
LLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2009 -2,,. ?
XTENDING THE STATE OF LOCAL ECONOMIC EMERGENCY CJ ^
TOLLING TO MAY 12, 2012 THE PLANNED UNIT DEVELOPMENT
TIME LIMIT AND TIME LIMIT EXTENSION REQUIREMENTS AS
FOUND IN SECTION 10.02.13.1) 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 10.02.13.1) 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 stfuck-thr-ett are deleted; words underlined are added.
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6/26/2012 Item 16.A.7.
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 , 2011.
$RQC3CY -,ERK
B V:
Mil! W-W .0
Approved as to form
and legal sufficiency:
HE-di Ashton =Cicko
Assistant County Attorney
Section Chief, Land Use /Transportation
CP104- COA- 01019' 1 101
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: �.
FRED W. COYLE, Chai
This ordinance filed with the
1gcreL
tary of State's Office the
1st- day of sUn f- 2 o t l
and acknowledgeme tof that
film received this LL day
Of o f
;'. $Y n.putY c14rk
Words stftek thr-eugh are deleted; words underlined are added.
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6/26/2012 Item 16.A.7.
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
�,�JY
Ex- officio to Boaz•
" $ "
County Commiss Fs
r ,
By: Martha Vetg ,..... ��`
Deputy Clerk,,aUt •e �
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6/26/2012 Item 16.A.7.
ORDINANCE NO. 12-
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, 2013 THE PLANNED UNIT
DEVELOPMENT TIME LIMIT AND TIME LIMIT EXTENSION
REQUIREMENTS AS FOUND IN SECTION 10.02.13.1) 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, 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 10.02.13.13 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 1-2, -2 May 12, 2013 for Planned Unit
Developments which have not sunsetted prior to the effective date of this Ordinance. Prior to
May 12, May 12, 2013, the Board of County Commissioners will determine if the
declaration of Local Economic Emergency should be ended.
Words swask th,-,ettgh are deleted; words underlined are added.
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6/26/2012 Item 16.A.7.
SECTION TAVO: 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",
Z-1
or any other appropriate word,
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon Filing with the Departa.1CM of State.
I
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By,
Deputy Clerk
Approved as to form
and legal sufficiency:
Heidi Ashton-Cicko
Managing Assistant County Attorney
I i -CP S-() I M 1/9
By
FRED W. COYLE, Chairman
Words stf:oek !hf:eugk are deleted; words underlined are added,
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