Agenda 11/13/2012 Item #11L11/13/2012 Item 111.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to establish the general requirements and
procedures for amending the Collier County Growth Management Plan (GMP), as aligned
with the Florida Statutes.
OBJECTIVE:
To have the Board of County Commissioners (BCC) approve the attached Resolution to modify
the County's current procedures on amending the Growth Management Plan to reflect the
changes within Florida State Statute provided for by the "Community Planning Act ", effective
July 1, 2011 and provide direction on the options presented for the number of cycles per year.
CONSIDERATIONS:
During the legislative session of 2011, House Bill 7207, now known as the Community Planning
Act, was passed to initiate substantial changes to the Florida statutory requirements regarding a
wide variety of growth management and planning regulations. 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. The current
procedure for amending the GMP is dictated by Resolution 97 -431, as amended, which limits the
amendment process to one amendment cycle per year, with the option for a second cycle at BCC
direction. At the October 9, 2012 BCC Public Hearing, the BCC provided direction to staff to
revise the County's GMP amendment process to mirror the Florida Statutes, as well as provide
the option for a tri- annual GMP amendment cycle. The attached Resolution would fulfill the
BCC's direction by repelling Resolution 97 -431, as amended, and replacing with a Resolution,
which reiterates current Florida Statutes, and provides for a tri- annual amendment process.
Additionally, Staff is requesting the BCC to establish the deadline of submittals for the tri- annual
cycle of GMP amendments. Staff is recommending that 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 and /or amendment must be submitted to the
County Manager or his designee per the current adopted fee schedule prior to 5:00 p.m. of the
last Friday in January, May or September.
Finally, staff is recommending the BCC maintains the current practice of processing the various
types of GMP amendments in relation to the tri- annual cycles. The past practice, following
Florida Statutes, exempted GMP amendments for DRI's, areas designated Rural Area of Critical
Economic Concern (RACEC) and Small Scale amendments. Based upon the removal of the
cycle restrictions, staff is requesting the BCC to maintain the exemption from the cycle
limitations for the above described GMP amendments.
It should be noted that Florida Statutes only requires that a simple majority vote of the Board of
County Commissioners present at the hearing is required to adopt a Growth Management Plan.
The proposed Resolution maintains the County's current practice of requiring a super majority of
the BCC for approval of a GMP amendment.
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11/13/2012 Item 111.
FISCAL IMPACT:
The fiscal impact of the proposed action will potentially increase the advertising cost associated
with the GMP amendment process due to the past practice shared the advertising cost with all
amendment requests within a cycle. The revised procedure would allocate the full cost upon
each individual amendment request.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Adoption of the attached Resolution will allow for the County's procedures to align with those
provided for with Florida Statute and decrease the potential time frame associated with an
applicant's (private or public) ability to request a public hearing to amend the Growth
Management Plan. It should be noted that the voting requirement for the adoption of a Growth
Management Plan, per 162.3184, Florida Statutes, is a simple majority vote of the of the Board
of County Commissioners present at the hearing, the proposed Resolution following the
previous Resolution requires a super majority vote. There is also the potential for a negative
impact in that a jurisdiction's Growth Management Plan is designed to be the long range vision
for the community and the ability to amend that vision in a tri- yearly manner could bring
uncertainty to the accountability within that long range vision.
LEGAL CONSIDERATIONS:
This item has been reviewed by the County Attorney, is legally sufficient, and requires majority
vote for approval. -JAK
STAFF RECOMMENDATION:
Staff recommends the BCC adopts the attached Resolution to modify the County's procedures
for GMP adoption with Florida statues; establish the deadlines for the tri- annual GMP
amendment cycle, to 5:00 p.m. of the last Friday in January, May and September; and continue
the exemption from the cycle limitations for DRI's, areas designated Rural Area of Critical
Economic Concern (RACEC) and Small Scale amendments.
Prepared by: Mike Bosi, AICP, Comprehensive Planning Manager and Interim Director,
Department of Planning and Zoning Services
Attachment: 1) Exhibit "A" Resolution to amend the Growth Management Plan amendment
process.
2
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11/13/2012 Item 111.
COLLIER COUNTY
Board of County Commissioners
Item Number: 111.
Item Summary: Recommendation to adopt a Resolution to establish the general
requirements and procedures for amending the Collier County Growth Management Plan
(GMP), as provided for with the Florida Statutes. (Mike Bosi, Planning & Zoning Services
Growth Management Division Interim Director)
Meeting Date: 11/13/2012
Prepared By
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
10/18/2012 8:55:12 AM
Submitted by
Title: Manager - Planning,Comprehensive Planning
Name: BosiMichael
10/18/2012 8:55:14 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 10/22/2012 1:59:11 PM
Name: WeeksDavid
Title: Manager - Planning,Comprehensive Planning
Date: 10/22/2012 2:49:48 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/29/2012 10:04:51 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/30/2012 7:26:02 AM
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Name: KlatzkowJeff
Title: County Attorney
Date: 10/30/2012 8:22:01 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/30/2012 8:28:04 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/ 1 /2012 4:02:07 PM
Name: OchsLeo
Title: County Manager
Date: 11/4/2012 11:32:01 AM
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11/13/2012 Item 11.L.
11/13/2012 Item 111.
RESOLUTION 12-
A RESOLUTION ESTABLISHING GENERAL REQUIREMENTS AND
PROCEDURES FOR AMENDING THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN.
WHEREAS, Chapter 163, Florida Statutes, requires local governments to prepare
and adopt a Comprehensive Plan; and
WHEREAS, the Board of County Commissioners adopted the Collier County
Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 (Section 163.3161, et seq.,
Florida Statutes) mandates certain procedures to amend adopted Growth Management
Plans (Section 163.3184 and Section 163.3187, Florida Statutes); 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 BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Subject to prior Board approval, staff will implement three amendment cycles
during which applications for amendments to the Collier County Growth Management
Plan or one of its elements ( "GMP ") will be processed. Additional GMP amendment
cycles can only be implemented by approval of the Board. Such approval shall be by
majority vote.
2. All amendments must strictly conform with the Florida Growth Management
Act, including, but not limited to, Section 163.3184, Florida Statutes, for amendments in
general, and Section 163.3187, Florida Statutes, for adoption of a small -scale
comprehensive plan amendments.
3. An amendment may be proposed by the Board of County Commissioners, the
Collier County Planning Commission (CCPC), any department or agency of the County,
or any private person, provided, however, that no such person shall propose an
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11/13/2012 Item 111.
amendment for a land use designation change for property which he or she does not own,
except as an agent or attorney for the owner.
4. All required copies of the application to amend the Collier County Growth
Management Plan and supporting documentation along with the required filing fee must
be submitted to the County Manager or his designee prior to the deadline established by
the Board for each adoption cycle. Following the requisite submission:
A. Prior to submittal, a pre- application conference shall occur between the
petitioner and appropriate County staff to ensure that the amendment procedure is
understood and adhered to.
B. 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 notify the petitioner in writing, that:
(i) staff has determined that the petition is adequate for formal review; or
(ii) the application is inadequate for formal review and the notice shall set forth in
detail the additional information deemed necessary for formal review of the petition.
C. If the application is deemed insufficient, the petitioner shall have 30 calendar
days from the date of receipt of staff s letter of insufficiency to supplement the
application in response to the initial review. A second 30 day time period to respond to
the insufficiency may be requested by the petitioner.
D. County staff shall review the application and may consult with other County
Departments or agencies as it deems necessary to evaluate the proposed amendment and
shall prepare a report with a recommendation.
E. The Public Hearings schedule and State Agency review time frames will be
those as established by Section 163.3184, Florida Statutes, "Process for adoption of
comprehensive plan or plan amendment. ", or Section 163.3187, Florida Statute, "Process
for adoption of small -scale comprehensive plan amendment," as amended from time -to-
time. 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.
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11/13/2012 Item 111.
5. This Resolution supersedes and repeals Resolution 97 -431, as amended by
Resolution 98 -18, relating to prior Growth Management Plan Amendment procedures.
THIS RESOLUTION ADOPTED after motion, second and majority vote
favoring same, this 13th day of November, 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
LI-M
, Deputy Clerlc
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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