Agenda 07/24/2012 Item #16A197/24/2012 Item 16.A.19.
EXECUTIVE SUMMARY
Recommendation to provide direction to the County Manager or his designee to amend
Resolution 97431, as amended, which established the general requirements and
procedures for amending the Collier County Growth Management Plan (GMP).
OBJECTIVE:
To have the Board of County Commissioners (BCC) direct the County Manager or his designee
to draft amendment options to Resolution 97 -431, as amended, to reflect the changes within
Florida State Statute initiated by House Bill 7207, effective July 1, 2011, and present those
options at a future Board hearing.
CONSIDERATIONS:
During the legislative session of 2011, House Bill 7207 was passed to initiate substantial changes
to the Florida statutory requirements regarding a wide variety of growth management and
planning regulations. The Bill was signed by the Governor and became effective on July 1,
2011. The Bill removed restrictions upon the number of amendment cycles allowed for a local
government's Growth Management Plan (state law previously contained limitation of two
amendment cycles per year, with some exceptions), as well as altering the specifics of the
process of amending the GMP. As noted, Resolution 97 -431, as amended, details the manner in
which GMP amendments are processed within the County, as well as the process those petitions
are to follow. With the passage of HB 7207, the County's procedures have become more
restrictive than the State statutes. As such, staff is seeking direction from the BCC to develop
options regarding the number of GMP amendment cycles to be processed on an annual basis
(Resolution 97 -431, as amended, includes limitation of one amendment cycle per year), as well
as aligning the procedural requirements to mirror the newly revised State Statutes. If directed to
do so, staff would present those options to the various stake - holders and the Planning
Commission for input and recommendations, before bringing the item to the BCC at a later
advertised public hearing.
It should be noted that staff originally intended to seek direction regarding the GMP amendment
process from the BCC during their Transmittal review of the EAR -based amendments (April 24,
2012), but due to the number of issues surrounding those amendments, as well as project work
load, staff deferred to a stand -alone agenda item during a separate BCC public hearing to prevent
any confusion of the individual issues.
FISCAL IMPACT:
The fiscal impact of the proposed action is limited to cost associated with staff time to develop
the options to amend Resolution 97 -431, as amended, requested within this Executive Summary.
GROWTH MANAGEMENT PLAN (GMP) IMPACT•
The currently adopted resolution specifying the restrictions on the number of GMP amendment
cycles and the process GMP amendments must follow are no longer reflective of State statutes.
Amending Resolution 97 -431, as amended, to reflect the governing statutory allowances will
provide for alignment of our local regulations with HB 7207.
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7/24/2012 Item 16.A.19.
LEGAL CONSIDERATIONS:
This item has been reviewed by the County Attorney. HB 7207 eliminated the legislative
restriction of limiting the number of plan amendment cycles to twice a year. With no conflict
with State law, this amendment cycle restriction survives in Resolution 97 -431. Staff has advised
the County Attorney that the at least portions of the Development Community have expressed
the desire that this restriction be eliminated, and that at the very least small -scale comprehensive
plan amendments be allowed to proceed much in the same manner as regular zoning
applications. This is not a simple issue, as comprehensive plan amendments must be consistent
with both the existing GMP and the LDC, and the potential of frequent amendments to the GMP
and LDC may not be in the public's best interest. Accordingly, Staff would like to thoroughly
review the issue before bringing a recommendation to the Board, and is seeking this approval
before committing substantial staff and advisory board time to the issue. With that said, this item
is legally sufficient, requiring majority support for approval. -JAK
STAFF RECOMMENDATION:
Staff recommends the BCC direct the County Manager or his designee to develop amendment
options to Resolution 97 -431, as amended, regarding the number of GMP amendment cycles to
be processed on an annual basis, as well as aligning the procedural requirements to mirror the
newly revised State Statutes, and to bring those modifications back at a future Public Hearing,
after proper vetting with stake - holders and the Planning Commission.
Prepared by: Mike Bosi, AICP, Comprehensive Planning Manager and Interim Director,
Department of Planning and Zoning Services
Attachment: 1) Exhibit "A" Resolution 97 -431
2) Exhibit `B" Resolution 98 -18 (corrective amendment)
N
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7/24/2012 Item 16.A.19.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.19.
Item Summary: Recommendation to provide direction to the County Manager or his
designee to amend Resolution 97 -431, as amended, which established the general
requirements and procedures for amending the Collier County Growth Management Plan
(GMP).
Meeting Date: 7/24/2012
Prepared By
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
6/20/2012 8:55:41 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 6/20/2012 11:43:05 AM
Name: WeeksDavid
Title: Manager - Planning,Comprehensive Planning
Date: 6/20/2012 3:01:02 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/21/2012 4:38:44 PM
Name: AshtonHeidi
Title: Section Chief /Land Use- Transportation,County Attor
Date: 7/5/2012 3:51:04 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/9/2012 10:42:52 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
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Date: 7/9/2012 2:20:53 PM
Name: OchsLeo
Title: County Manager
Date: 7/10/2012 4:29:59 PM
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7/24/2012 Item 16.A.19.
7/24/2012 Item 16.A.19.
EXHIBIT "A"
RESOLUTION 97- 43'
A RESOLUTION ESTABLISHING GENERAL
REQUIREMENTS AND PROCEDURES FOR
AMENDING THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN.
WHEREAS, Chapter 163, Florida Statutes, requires local govenCnents to
prepare and adopt a Comprehensive Plan; and
WHEREAS, the Board of County Commissioners adopted the Co.lier County
Growth Management Plan on January 10, 1989; and
WHEREAS, the Local Government Comprehensive Planning at; 9 Land
Development Regulation Act of 1985 (Section 163.3161, at seq., Florida Statutes
(1895)) mandates certain procedures to amend edopted Growth Management Plaits
(Section 163.3184 and Section 163.3187, Florida Statutes); and Rule 9.r -11; and
WHEREAS, the Board of County Commissioners has established a policy to
utilize an annual cycle for Growth Management Man Amendments (Collier County
Resolution 91.521, adopted August 13, 1991); and
WHEREAS, the Department of Community .Affairs has informed Collier County
that the addition of future fiscal years projects to tl- s Capital Improvements Element of
the Growth Management Plan must be aacomplinhod through the Plan amendment
process as defined by Sections 163.3164 and 163.3187, Florida Statutes; and
6 A i'
WHEREAS, certain capital improvement projects from the Grmnh Management
Plan are included in the County's Tentative Annual Budget on a yearly b Isis; and
WHEREAS, for purposes of convenience and expediency it is necessary to
amend the Capital improvements Element and the schedule of projects in the Element
in conjunction with the adoption of the County's Tentative Annual Budge[ for each new
Fiscal year; 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 8Y THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORij3A, that
The following requirements and procedures shall be followed before an
amendment to the Coiner County Growth Management Plan shall occur.
Y
Resolution Amending Growth Management Plan Procedures
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7/24/2012 item 16.A.19.
A, The general requirements to initiate an amendment to the Collier County
Growth Management Plan or one of its elements are as follows.
An amendment may be proposed by the Board of County
Commissioners (BCC), the Cohinr County Planning Conmmfssion
(CCPC) designated as the Local Planning Agency Pia-want to
Section 183.3174, e)orda Rtat ,les, any department +' agency of the
County, or any person other than those fisted above provided,
however, that no such person stall propose an amenament for a
land use designation change far property which he or she does not
own, except as an agent or attorney for the owner.
The procedures provided herein shall apply to all Grorti=h
Management Flan amendments. Amendments beyc, the yearly
Plan amendment cyGe may be established by the Bo-ard of County
Commissioners and shall comply with the procedures established
herein. In addition, the use of a second yearly plan t•rrendment as
prescribed in Subsection 183.3187(1), Florida Slatutr; shall follow
this procedure except for filing dates and public hea ng dates for
final adoption. Growth Management Plan amendment. directly
related to proposed small scale development activities or
Developments of Regional Impact (DRIB) may be approved without
regard to statutory limits on the frequency of procedu is for the
consitderaGon of amendments to the Growth Managoment Plan
provided all of the conditions are met as set forth in Subsection
163.3187 (1)(c), Florida Statutes, (1995).
3. All Growth Management Plan amendments win be rt riawed in one
cycle starting on the fourth Friday in April, annually. Proposed
amendments submitted after that date will not be considered until the
following review cycle. The Amendment Process including staff
review, State and Regional review and local public hearings will take
approximately 10 months to ccmolete.
All required copies of the application to amend the Collier County
Growth Management Plan and supporting documerr scion along with
the required filing fee for each requested change and/or amendment
must be submitted to the Community 0evefopment and
Environmental Services Division prior to 5 :00 p,m. of the fourth
Friday in Marct For each application to amend the Collier County
Growth Manag ment Plan or Future land Use Map, a minimum
filing fee of $3.000 for each requested change plus -i ree of $30 per
acre for each affected acre in the application must be submitted. For
Small Scale Development Activities, a filing fee of $1,500 shall be
submitted. The term 'staff" shall refer to the staff of tha Community
Development and Environmental Services Division and any other
pertinent County staff from other Divisions.
The procedure to amend the Collier County Growth Management Plan or one of
its elements is as follows:
1 rr jon conference shall =cur between the petitioner, the
,:ommunity Development and Environmental Scrvicas Division and
other appropriate County staff to ensure that the procedure set out
herein is understood and adhered to.
2. 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 roily the petitioner
in writing, that:
(a) the staff has determined that the petition is adequate for formal
review. or
Resolution Amending Growth Management Plan Proce lures
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low
7/24/2012 Item 16.A.19.
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(b) the petition is inadequate for formal review and the notice shall
set forth in detail the adcr6XIal information deemed necessary I
for fonnal review of the petit-on. I
3. if the application is deemed lnstiffiaent, the petitionet shall have 30
calendar days from the date of racelpt of staffs lotto. -r insuffraency 1
to supplement the application in espouse to the iniar.: review. A
second 30 daytime period, to espond to insufficieryy, may be f
requested by the petitioner. j
4. County staff shall review the apolica &on and may consuft with other
County Departments or agences as it deems neceslz ti y to evaluate
the proposed amendment and shall prepare a report with a
preliminary recommendation.
5. The Collier County Planning Commission (CCPC), dasVnmed as the
Local Planning Agency, shall hold an sovertised pubac hearing with
due public notice as defined by Section 183.3174, Fioiida Statutes,
during which staff will present their reviewand make a preliminary
recommendation to the CCPC. All interested parties may appear
and be heard, Written comments of the general public filed with the
Community Development and Environmental Services Division will be
considered at the public hearing Following the CCPC public
hearing, the proposed amendment shall be forwarded to the BCC
with the recommendation of the ,CPC.
6. After the CCPC public hearing on such amendments have been held,
the BCC shall hold an advertised public hearing on the proposed
amendment during whirh the staff review and preliminary
recommendation and any recommendation made by the CCPC shall
be presented, The public heafinq shall be held on a weekday
approximately 7 days after the first advertisement is published. The
intention of the BCC to hold and advertise a second public hearing to
consider the adoption of the proposed amendment !.hail be
announced. All interested parties may appear and to heard, Written
comments filed with the Community Development and Environmental
Services Division will be considered at the public hearing. Following
the BCC public hearing, the BCC will transmit the appropriate
number of copizs of the proposed amendment to the Department of
Community Affrars within ten (10? working days,
7. Upo6 receipt of the proposed Growth Management Plan amendment,
the Department of Community Affairs, the Regional Planning Council
and other government agencies will review the amend rent pursuant
to Section 163.3184, Florida Statutes. The Department of
Community Affairs shall transmit in writing its comments to the local
government along with any objections and any recommendations for
modifications,
8. Within 60 days of receipt of the review comments fmrn the
Department of Community Affairs, the CCPC shall t old a public
hearing to make recommendations to the BCC regarding the
adoption of the amendment. The BCC shall hold its second public
hearing regarding the proposed amendments during which the final
staff review and recvmrnendation. CCPC recommendation, State and
Regional review comments and public comment will be presented.
The public hearing shall be held on a weekday approximately 5 days
after the advertisement Is published. The BCC shall then adopt,
adopt with modfrcations or deny the proposed amendments.
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,
10. The adopted amendmems to the Growth Management Plan will be
transmitted to the Department of Community Affairs within ten (10)
Resolution Amending GYVMh Management Plan Proacdures
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7/24/2012 Item 16.A.19. '
8 A I
working days after adoption Adopted plan amendments, except for
Small Scale Amendments, shall not become effective until the
Department of Community Affairs issues a final order determining the
adopted amendment to be In t amprhw= or until the Administration
Commission issues a Final order determining the adop"
amendment to be In compliance in accordance with St,osecfion
163.3184{10 }, Florida Statutes. The Departments nn; r:e of intent to
find an amendment in compliance shah become an is+- -ed Final otder
determining the adopted amendmenl to be in compliince if no
petition challenging the amendment is filed with the Department
within 21 days of the date of Viblication of the notice r:f intent.
Small Scale Amendments shall net become effecive until 31 days
after adoption. It challenged within 30 days after adr o,ron, this Small
Scale Amendment shall not become effective until lice State Land
Planning Agency or the Administration Commission, respectively,
issues a final order determining the adopted Small kale
Development Amendment is in rompliance.
C. This Resolution supersedes and repeals Resolution 91 -521 relating to
poor G -owth Management Plan Amendment procedures.
D. This Resolution shall take affect April 1, 1998.
THIS RESOLUTION ADOPTED after motion, second and majority vote this
ly � day of 1997.
ATTEST:
DWIGHT E: BROCK, Cleric
Approved as to form and legal
sufficiency:
fi L_4t Vi rd.• i.
MAR. ORIE M. STUDENT,
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
MOTHY ,K,HANCOCK,
Chairman
Resolution Amending Growth Management Plan Procedures 97
7/10/97
Resniidirn Ampridinn GM-4h Manaoe -n-6 roan F•xedures
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7/24/2012 Item 16.A.19.
EXHIBIT "B"
8 A I
RESOLUTION 98. 18
A RESOLUTION AMENDING PARAGRAPH A.4
OF RESOLUTION 97- 431.ESTASUSHING GENERAL
REQUIREMENTS AND PROCEDURES FOR
AMENDING THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN BY CORRECTING A
SCRIVENOR'S ERROR IN THE DATE FOR SUBMISSION
OF APPLICATIONS,
WHEREAS, the Board or County Commissioners adopted Resolution
97-431 pertaining to ft Procedures for Amending the Collier County Growth
Management Plan on November A, 1997;
WHEREAS. following said action adopting Resolution 97 -431, staff was advised
that two different dates had been made for submission of the Plan Amendments and
constitutes a scriveners error.
NOW, THEREFORE BE IT RESOLVED by The Board Of County
Commissioners Of Collier County, Florida, that Paragraph AA of Resolution Number
97 -451 is hereby amended to read as follows:
C All required copies of the application to amend the Collier County
Growth Management Plan and supporting documentation along with
the required filing fee for each requested change andlor amendment
must be submitted to the Community Development and
Environmental Services Division prior to 5 :00 P.M. of the fourth
Friday in March April. For each application to amend the Collier
County Growth Management Plan or Future Land Use Map, a
minimum Iding fee of $3,000 for each requested change plus a fee of
$30 per acre IOf each affected acre In the application must be
submhled. For Small Scale Development Activities, a filing fee of
$1,500 shall be submitted. The term'stafr shall refer to the staff of
the Community Development and Environmental Services Division
and any other pertinent County staff from other Divisions.
THIS RESOLUTION ADOPTED after motion, second and majority vote this
day of , / 1������'�.,r._, 1998,
ATTEST: U BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
BAR RA B. BERRY,
Chairman
Approved as to form and legal
sufficiency:
MARJOHIE M, STUDENT.
Asslstanl County Attorney
Wnras siruck-Itxough are deleted; words Uagggino are added
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