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Agenda 07/24/2012 Item #17I7/24/2012 Item 17.1. EXECUTIVE SUMMARY Recommendation to approve an amendment to Ordinance Number 2009 -22, 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: On June 26, 2012, the BCC approved Agenda Item 16A7 requesting a one year extension of Ordinance Number 2009 -22, 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, 2013. 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 legally sufficient for Board action. A majority vote is needed for Board approval. —HFAC RECOMMENDATION: That the BCC approve an amendment to Ordinance Number 2009 -22 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 10.02.13.13 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. Proposed Ordinance Amendment Amendment to Ordinance Number: 2011 -21 Revised: 6 -26 -12 Packet Page -3359- 7/24/2012 Item 17.1. COLLIER COUNTY Board of County Commissioners Item Number: 17.1. Item Summary: Recommendation to approve an amendment to Ordinance Number 2009- 22, 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: 7/24/2012 Prepared By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning 6/29/2012 3:59:11 PM Submitted by Title: Manager - Planning, Comprehensive Planning Name: BellowsRay 6/29/2012 3:59:13 PM Approved By Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 7/2/2012 5:15:16 PM Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 7/5/2012 10:12:44 AM Name: LynchDiane Title: Administrative Assistant Date: 7/5/2012 10:18:26 AM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 7/5/2012 3:53:55 PM Packet Page -3360- Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 7/9/2012 12:39:59 PM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 7/12/2012 4:31:42 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/12/2012 5:09:10 PM Name: KlatzkowJeff Title: County Attorney Date: 7/13/2012 9:45:25 AM Name: OchsLeo Title: County Manager Date: 7/13/2012 9:01:33 PM Packet Page -3361- 7/24/2012 Item 17.1. 7/24/2012 Item 17.1. ORDINANCE NO. 2009- 22 RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF C IER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL �,� ONOMIC EMERGENCY; TOLLING TO MAY 12, 2011 THE 49311 LANNED 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, 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, iff 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 lit ui extemion�' is necessary to relieve conditions resulting from the local economic emergency; and::-'. Page I of 3 Packet Page -3362- 7/24/2012 Item 17.1. 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. Page 2 of 3 _... _ ..� Packet Page - 3363 -� 7/24/2012 Item 17.1. 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 1,14h day of R 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA k44 By: uty :> Clerk DO A FIALA, Chairman 4 h'start s Ap �b0adtas to form an le a ' Y o!-�Of , and ada+owledgeme rt fill we A fh' Jef q Klatzkow o4 1 Yullu Co y1 orney �,,• 0y, 04- COA-010 103914.24 -09 Page 3 of 3 Packet Page -3364- C. 7/24/2012 Item 17.1. 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' "C,leyrk d Ex- officio to Boar of County Commissioners-.. By: Teresa Polaski', Deputy Clerk Packet Page -3365- ' 2 ?2 2,9 , 7/24/2012 Item 17.1. ,uN ZpA A ORDINANCE NO. 2011- 21 Cn c' o)�; a \t: ORDINANCE OF THE BOARD OF COUNTY COMMISSIONER�00'- s< LLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2009- 2�,,`- ,9 XTENDING THE STATE OF LOCAL ECONOMIC EMERGENCY; ' f TOLLING TO MAY 12, 2012 THE PLANNED UNIT DEVELOPMENT p 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, 2814- 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 stfuek tlr-eugh are deleted; words underlined are added. Packet Page -3366- 7/24/2012 Item 17.1. 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 J *day of , 2011. J'ATTF ? es�.. 0 IN ilk `C er Approved as to form and legal sufficiency: HE-di Ashton -Cicko Assistant County Attorney Section Chief, Land Use /Transportation CP104 -Con - 01019', 1 101 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: W. FRED W. COYLE, Chai This ordinance filed with the S cretory of State's Office the day of sLJne— , 2c11 find acknowledgeme t of that filin received this day of Do" Clark Words stfuelc thr-ettgh are deleted; words underlined are added. Packet Page -3367- 7/24/2012 Item 17.1. 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 Boaz' qR j County Commissi. • . y,= 1• � By: Martha Vetg w Deputy Cler1�,,� Packet Page -3368- 7/24/2012 Item 17.1. 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 DEVELV" MENT 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.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 1 ��� ---r�� May 12, 2013 for Planned Unit Developments which have not sunsetted prior to the effective date of this Ordinance. Prior to 11UY-42-,-24 May 12, 2013, the Board of County Commissioners will determine if the declaration of Local Economic Emergency should be ended. Words stslreu 03 are deleted; words underlined are added. Packet Page -3369- 7/24/2012 Item 17.1. 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.juri.sdiction, 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 he 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 , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERIC COLLIER COUNTY, FLORIDA �w - , Deputy Clerk Approved as to form and legal sufficiency:. Heidi Ashton -Cicko Managing Assistant County Attorney I I - CPS-01 101/9 By: FRED W. COYLE, Chairman Words StFiiek *�ugk are deleted; words underlined are added. Packet Page -3370- 7/24/2012 Item 17.1. 22D» Sunday, Juty 8, 2012 B NAPLES DAILY NEWS NOTICE OF INTENTTO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, JULY 24, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, 'the Board of County Commissioners 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 "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; PROVIDING` FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE 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 nem. 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 materials 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 the testimony and evidence upon which the appeal is based. 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 FRED W. COYLE, CHAIRMAN DWIGHT E.'BROCK, CLERK By: Ann Jennejohn, Deputy Clerk ISEAL} _duly 8. 2077 _ Nn 1954777 Packet Page -3371-