Agenda 05/24/2011 Item #16A135/24/2011 Item 16.A.13.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners direct the County Manager or his
designee to prepare an amendment to Ordinance Number 09 -22, 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) to extend the tolling timeframe from May 12, 2011
to May 12, 2012.
OBJECTIVE: To have the Board of County Commissioners (BCC) direct the County Manager
or his designee to amend Ordinance Number 09 -22 as noted above.
CONSIDERATIONS: In response to a severe downturn in the local and national economy, the
BCC approved an ordinance 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.D
of the LDC for all active PUDs in the unincorporated area of Collier County for a period of two
(2) years to May 12, 2011.
It should be noted that Ordinance Number 09 -22 contained a provision for the BCC to consider
an extension of the two year tolling time period if the economic conditions warranted an
extension. Since the development activity in Collier County is still being constrained by the
current economic conditions, staff is recommending that the BCC direct the County Manager or
his designee to prepare an amendment to Ordinance Number 09 -22 that extends the tolling
timeframe an additional year from May 12, 2011 to May 12, 2012. Although the initial
Ordinance provided a two -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 2012.
FISCAL IMPACT: Not applicable
GROWTH MANAGEMENT IMPACT: Not applicable
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. A majority
vote is needed for Board approval. —HFAC
RECOMMENDATION: That the BCC direct the County Manager or designee to prepare an
Ordnance for subsequent consideration by the BCC that would provide for an amendment to
Ordinance Number 09 -22 to extend the state of local economic emergency; tolling one year to
May 12, 2012 the Planned Unit Development (PUD) time limits and time limit extension
requirements as found in Section 10.02.13.1) of the Land Development Code (LDC).
PREPARED BY: Raymond V. Bellows, Planning Manager, Zoning Services Section
Department of Zoning & Land Development Review
Attachments:
Packet Page -863-
A. Ordinance Number: 09 -22
B. Draft Ordinance Amendment
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5/24/2011 Item 16.A.13.
5/24/2011 Item 16.A.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13.
Item Summary: Recommendation that the Board of County Commissioners direct the
County Manager or his designee to prepare an amendment to Ordinance Number 09 -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) to extend the tolling
timeframe from May 12, 2011 to May 12, 2012.
Meeting Date: 5/24/2011
Prepared By
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
5/12/2011 11:10:02 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 5/12/20112:33:34 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 5/12/2011 3:57:23 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/12/20114:25:26 PM
Name: AshtonHeidi
Title: Section Chief /Land Use- Transportation,County Attor
Date: 5/12/20114:38:06 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 5/13/2011 8:01:40 AM
Name: KlatzkowJeff
Packet Page -865-
Title: County Attorney,
Date: 5/13/2011 11:24:04 AM
Name: IsacksonMark
5/24/2011 Item 16.A.13.
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/17/2011 2:22:07 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/17/20112:36:01 PM
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5/24/2011 Item 16.A.13.
a R ��
ORDINANCE NO. 2009- 22
RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
C LIER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL
g9i►�ti
LAN UNIT DEVELOPMENT TO LTIME LIMIT AAND 2TIME THE
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 Ii�it extension. i.
is necessary to relieve conditions resulting from the local economic emergency; and -. -
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5/24/2011 Item 16.A.13.
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 125.56(2), Florida Statutes.
SECTION THREE: Tolling of Land Development Code Section 10.02.I3.D.
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.
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5/24/2011 Item 16.A.13.
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 IV4411 day of R 2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
of 1 By: zL2
pqty Clerk DO A FIALA, Chairman
PRO4
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and ocknowledgeme' tl
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04•COA-0 l0 1039/4.24 -09
Page 3 of 3
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5/24/2011 Item 16.A.13.
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' "C1q;7k
Ex- officio to Board of
County Commissio114Ts. .
By: Teresa Polaski`,
Deputy Clerk
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5/24/2011 Item 16.A.13.
ORDINANCE NO. 2011-
AN. ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2009 -229
EXTENDING THE STATE OF LOCAL ECONOMIC EMERGENCY;
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.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 !2, 291-1 May 12. 2012 for Planned Unit
Developments which have not sunsetted prior to the effective date of this Ordinance. Prior to
May- 1''2011 May 12, 2012, the Board of County Commissioners will determine if the
declaration of Local Economic Emergency should be ended.
Words stm& dwou are deleted; words underlined are added.
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5/24/2011 Item 16.A.13.
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 Taws 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.
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
Assistant County Attorney
Section Chief, Land Use/Transportation
CA04 -COA- 01019 1101
By:
FRED W. COYLE, Chairman
Words 9#uek -three are deleted; words underlined are added.
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