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Agenda 06/14/2011 Item #17E . . . 6/14/2011 Item 17.E. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve an amendment to Ordinance Number 09~22, the Planned Unit Development (PUD) time limits and time limit e:liension requirements as found in Section lO.02.13.D ofthe Collier County Land Development Code (LDC). OBJECTIVE: To have the Board of County Commissioners (BCC) amend Ordinance Number 09~22 as noted above, CONSIDERA TIONS: 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 lirriits related to the development time frames and sunsetting criteria, as defined in Section 10.02.13.D of the Land Development Code (LDC) for all active PUDs in the unincorporated area of Collier County for a period of two 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 extend the tolling timeframe from May 12,2011 to May 12,2012. The tolling ofPUDs for an additional year does not extend the time limits for those PUDs that have already sunsetted. 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 of2012. This proposed amendment was approved by the Board for advertising during its May 24, 2011 regular meeting (Agenda Item 16A13). FISCAL IMP ACT: 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 anlendment 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.-HF AC RECOMMENDATION: That the BCC approve an amendment to Ordinance Number 09-22 to extend the state of local economic emergency; tolling to May 12, 2012 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 Amendment Packet Page -2347- . . . 6/14/2011 Item 17.E. COLLIER COUNTY Board of County Commissioners Item Number: 17.E. Item Summary: Recommendation that the Board of County Commissioners approve 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 (LOC). Meeting Date: 6/14/2011 Prepared By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning 5/20/2011 11 :43:03 AM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 5/20/20113:12:40 PM Name: LorenzWiIliam Title: Director - CDES Engineering Services,Comprehensive Date: 5/23/2011 9:52:11 AM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Date: 5/23/2011 3:11:03 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 5/24/2011 7:31:15 AM Name: MarcellaJealme Title: Executive Secretary,Transportation Planning Date: 5/24/2011 8:19:27 AM Name: KlatzkowJeff Title: County Attorney, Packet Page -2348- 6/14/2Q11 Item 17.E. . Date: 5/25/2011 2:17:38 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/6/2011 9:34:54 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/6/2011 9:54:25 AM . . Packet Page -2349- 6/14/2011 Item 17.E. ;2.1Z22.j , ~.~ " " ~~ f ~~~'::"-' ~ ORDINANCE NO. 2009__22 In \.~"'~ I ~ po> ~,~ ..., ~ '. 'to ~ ',~,' ,': " RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ~ "'~~:~~:', C LIER COUNTY, FLOlRID~ DECLARING A STATE OF LOCAL ~o, . ';~{:-,. ~', .,,~ ONOMIe EMERGENCY; TOLLING TO MAY 12, 2011 THE ,6el9S'V~ LANNED UNIT DEVELOPMENT TIME LIMIT AND TIME LIMIT EXTENSION REQUIREMENTS AS FOUND IN SECTION 10.02.13.D 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 sigmificant 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 ~e 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 r.:~ ~: l _ .. t';" - ". ' :-:: .....,.., WHEREAS, tolling of the Planned Unit Development time limit and time ~. ext~ion, ~ ..: ,,' ~ is necessary to relieve conditions resulting from the local economic emergency; and:"':, !-- .. , ) ,-:-: ; ; t "-"1 .,oi '-;:1 . -. #1 Page 1 of3 Packet Page -2350- 6/14/2011 Item 17.E. . . WHEREAS, because of this emergency, the Board wishes to toll the Planned Unit I OJvelopment time limit and time limit extension provisions without going through the process of ! ~ending the Land Development Code as set forth in Sections 10.02.08.C and 10.02.09 of the i Lapd Development Code. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CfMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Short Title and Recital5. i I I This Ordinance shall be known as the Collier County' Local Economic Emergency i O~dinance, and the i O~dinance. I I SECTION TWO: i ! above findings and recitals are hereby adopted by reference intq this Declaration of Local Economic Emergency. The Collier County Board of County Commissioners. convened in regular session, . , htteby declares and ordains that a local economic emergency exists within Collier County, , Flhrida, requiring immediate measures to address the emergency before irreversible harm is done I ! I to !the economic well being of the citizens of the County. This Ordinance is adopted after public hLng pursuant to, and in accordance with, Section 125.66(2), Florida Statutes. I ! SECTION THREE: Tolling orLand Development Code Section lO.02.13.D. i I I Section 10.02.13.D of the Collier County Land Development Code provides for Planned I U~t Development time limit and time limit extension requirements. These time limit and time i lupit extension requirements are hereby tolled to May 12, 2011 for Planned Unit Developments I I w~ch have not sunsetted prior ~o the effective date of this Ordinance. Prior to May 12, 2011, the i Board of County Commissioners will determine if the declaration of Local Economic Emergency I I ' shbuld be ended. i I I I I I I Page 2 on I ! I -- -----. --- , .-_. i Packet Page -2351- . '. . . . 6/14/2011 Item 17.E. 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 liD the Code or Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of CoUier 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 ~ day of Mat ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~k ~' i':':'f ~ , - ..: ,,_!Iin\1!ly Clerk ~ '. " , , : .;011 t'rw4" , -... C, ' Oft pI ~:t . . ,..;~~~~~~<>., Ap "~ovedtaii'to fonn an Ie :y: B>" ~J.v, d~. DO A FIALA, Chairman ~. Page 3 of3 Packet Page -2352- 6/14/2011 Item 17.E. i ! STATE OF FLORIDA) ! pOUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the iTwentieth Judicial Circuit, Collier County, Florid~, do !hereby certify that the foregoing is a true and correct i I icopy of: I : 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 ! i i day I ! of May, 2009. i' ! ! DWIGHT E. BROCK ' Clerk of Courts an~~Cle~k Ex-officio to Bo~~d of~0~ County co~~'sio~=S., , .....(;, .,' '..- .. . .~; : ~.,~' ._,~..-,: '-, , ,'.. o. . ",' \ . .... 't~ By, Teres' po:a';~,. ::.,: Deputy Clerk . Packet Page -2353- . . . 6/14/2011 Item 17.E. ORDINANCE NO. 2011-_ AN, ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2009-22, 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.D OF THE LAND' DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND' SEVERABILITY; AND PROvrpING 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 adpress the emergency such , . as the tolling of the Planned Unit Development time limit and time limit eA1:ension 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.b. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNIT 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 Colinty 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 struck through are deleted; words underlined are added. Packet Page -2354- 6/14/2011 Item 17.E. , I SECTION TWO: ,Conflict and Severability. i .~ '.. I ,,' Inithe ~ventthis Ordin~ce co~cts with'any other or~an~e of Callier County orother I . . - . app1icabl~ law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held I ' , , , invalid o~ unconstitutional by any court of~mpetentjurisdicti9n,' suchpomon shali be deemed-a I' ' separate, ~istinct, and independent provision and such holding shall not affect the validity of the., i ' ; . . remainin$ portion. SECTIO~ THREE: I Inclusion in the Code of Laws and Ordinances. i . ",.. . The provisions 'of this Ordinance shall bedome and be'made a part of the Code of Laws : . . . . . :....", .." '.'_ .' I and Ordi#ances of Collier County, Florida. The sections of the oidinance may be renumbered or !, relettere9 to accamplishsuc.h, and the'word "ordinance'~ may be ,changed to '''section'', "article", or any other appropriate word., ! .' . . , I . SECTld~ FptJR: Effective Dat~. ! ts ~dinance shall become effective upon filing with the Dep~ent.ofState. I I I ' ' " " P~SSED AND DULY ADC?PTEP b)' the Board of County Commissioners of Collier County,F1orida, this _ day of i 2011. , !' , ' ! ATTES1i: DWIGHt E. BROCK, CLERK . !. i BOARD OF COUNTY COMMISSIONERS' C.OLLIER ~OPNTY, FLORIDA By:, , Deputy Clerk By: ': .l"RED w,. COy!--E" C~an ' Approved,~ to form, and leg~ suffidency: i i ~C/ \0\\\ " Heidi AJ!hton-Cicko , Assistant County Attomey . . Section thief, Land Use/Transportation I cP\~oAloI019UIOl Words stnwls thro~ 'are 'deleted; words unde~lined are add~d. Packet Page -2355- :,,,'''''-'''''''''''''''''''''''-.'' '-~'.'. ,''''-.''' 6/14/2011 Item 17.E. . 1W'irfri~~y,~M:y?6tf8~:t(~is)l';UY Ne';;;;~~~' ~::::~:;-~~~:~~:~:~~~~f::~~'.;i:.:!:#.~~-SEi?f~::~~i{ie~EE:2:'Co~=::~;::;i:S;;?:::= ,NOTICE OF INTENT To' CONSIDER ORDINA~CE . Notice is hereby given that on Tuesday, June 14, 2011, in the Boardroom, 3rd floor; ',' Administration Building, Collier County, Government Center; 3299 East Tamiaml ' Trail, Naples, Florida, the Board of County Commissioners will consider the. enact- . ment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of .. the proposed Orcfinanc~ is as follows:, , " :: ' ' " ' AN ORDINANCE OF- THE' BOARD OF COUNTY COMMISSIO:NERSOF COLL~ER ,COUN~ TV, FLORIDA, ,AMENDING ORDINANCE NO. 2009-22" EXTENDING THE STATE 'OF, LO. , ,CAL ECONOMIC EMERGENCY; TOLLING TO MAY 12; 2012 THE PLANNED, UNIT DE-' 'VELOPMENT TIME LlMI'I' AND TIME L1MIT'EXrENSION REQUIREMENTS: AS 'FOUND IN SECTION 10.02.13.D OF THE LAND DEVELOPMENT WOE; PROVIDING, FOR 'CONFLICT AND SEVERABILITY; :AND PROVIDING AN e,FFECTlVE D,AW' .. ~ :', ..",' '. ,,' :, ,..' 0. copie~:cif ,the .propo~ed6rdinarice' are on fi'le witi/th~' derk-:tbi:the\~~;i-fa-:'ii'hri!f~:i', available for:inspectio~. All intereste~,parti,e5 a.r,e,i,~li.it.eclt.oattencl,~:n9,b'~,..~e~rd,.' ,'::' . NOTE: All pers~ns wishing ,to speak o~ imy a~enda :item'~,~u5t regj~~'r with the County administrator prior to presentation of th~ agenda item, .to ,be addressed. Individual speakers,will be limited to 3 minutes,' on any'.item.: The"selection of ' an in- dividual to speak on behalf of an organization or group is encouraged. If recog- . nized, by the' ~nairman, ,!.spokesperson fo,r a group or organization, may be allotted ,'10minu~estospeakonaniteri'1.' ' - ...':' ':, " , . . '.' . .' . '. : :.... ~, .' .' .'. ' . i . PerSons wishing to have written 'or' graphicrmiterials inCluded in the. Board ,agenda packets must submit said material a minimum of 3 weE:ks 'prior,to the:respj!ctive. public;hearing, In any case, written materials. intel),ded, 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 w~U become~ ,perm~n'ent part qf the rec~rd.~ ',':';.:', : ,;'.'.,:' :"::, ::: ;: .:::, '.' '. .'. Any: pers'cin.:wt1o d~ddes to, 'appeal a decisi~I,l' of. ttieB~ard'will need iti~cord' of the proceedin'gs pe,rtaining thereto and therefore, may.need to' ensure that a ver:batim record"of the :proceedings is made;..which record 'iflclLides th~ testimony and, evi.' "~,~nce'upP,~~,i!:~~~},pp~alls:ba.s.~d., ".,:.. ,..'><",:~",' ,..',. '.:.- : ' " :', ,,; Ifyci~', ar('a:p~rsoh with 'a'.'cF$abilitywlio needs' a'ny 'accorr.miJdation:'fn:, ottlerto pa'ro .. ti,clp!lte,in J:his'.proceeding,yol.!'are entithidr' at,'no. cost'to' YOl;), ,to, the:prpvlsion of ' ',.cer.tiliri..assistarice.: ,Please contact the "Collier, ,County Facilities Mariagement 'Depart" :ment;locat:ed.'at 3335' J;uniarili Trail 'Easti'Suite #101; Building'\N,-Naples, Florida ' .,' 34'11;2,'(239) -252'-838,0., Assis'~ed listening devices ,for, the hei!~ing: imp:aired.are, avail-" : :~b!e i,~thec;?un.!y., CCl~miss!one[s' Offic~. .. " '. i ~" , :~gt~rRoto~0~N;JL~~~I,~SIONER5 :.,. <~:,r :V~( :, FRED'COYl..E..CHAIRMAN..,', '.'DWIGHT E, BROCK"CLERK, , .By:' Martha Vergara;beputy Clerk (SEAL),," . -... '.. ~. f :"'.'Iav 20?011' t_..... ! "No1902534 E~ fJ.'!~ , I .' '\ . Packet Page -2356-