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Agenda 06/28/2011 Item #10D 6/2812011 Item 10.0. EXECUTIVE SUMMARY To provide the Board of County Commissioners (BCe) with an update of the draft Administrative Code. OBJECTIVE: To provide the BCC with an update by County Staff of the draft Administrative Code. CONSIDERATIONS: County Staff was given direction to continue work on an Administrative Code at the June 22, 2010 meeting of the BCe. Due to staff changes, work on the Code was delayed until February of this year. The Collier County Land Development Code (LDC) implements the goals, objectives and policies in the County's Growth Management Plan. The LDC combines all of the County's land development-related regulations into a single document. Currently, the LDC includes both processes for obtaining land development-related approvals, as well as the regulations governing land development. The proposed Administrative Code will descrihe only the processes for obtaining land development approval. It is being \vritten in a user-friendly fonnat, with an organizational style and writing format that should be easily understandable hy all readers including the general public, applicants and County permitting staff. The Administrative Code will address elements such as: when a permit is required; how to submit an application; if a puhlic hearing is required; what rights the permit grants; and other elements concerning the processes that are currently in the LDC. The Administrative Code will not address substantive regulatory issues. If a person wants to know the setbacks for a building in the C-5 zoning district, he or she would consult the LDe. If a person wants to know how to submit an application for a Site Development Plan in the C-5 zoning district, he or she would refer to the Administrative Code. The principal advantage of the Administrative Code is that it creates a "user's manual" written in plain-English. Customers will have a single reference point to find out how to obtain a permit or other development order. Another advantage is that the Administrative Code will be adopted by resolution, not ordinance. This will make it easicr to change a pC1111it process (not the regulation itself). For example, if the BCC wishes to change the density permitted in a specific zoning district, it must amend the LDC through advertised public hearings of the Environmental Advisory Council, the Planning Commission and the BCe. However, if the BCC wishes to change the process of submitting a rezone application from a paper submittal to an electronic submittal, it can advertise and hold a public hearing before the BCC and approve a resolution. Upon approval of the Administrative Code. the "processes" in the LDC will be removed simultaneously so there is no duplication. An update and overview of the Administrative Code was presented to the Planning Commission on May 5, 201 I (Staff Report attached). Packet Page -258- 6/28/2011 Item 10.0. FISCAL IMP ACT: There is an existing contract for the County's consultant, White and Smith. Staff review time and public hearings will have additional fiscal impacts; however, they have been budgeted. GROWTH MANAGEMENT IMP ACT: The GMP does not address an Administrative Code. LEGAL CONSIDERATIONS: This item is legally sufficient. No Board action is requested. HFAC RECOMMENDATION: This Executive Summary and presentation are informational. No action by the BCC is required; therefore, County Staff has no recommendation. PREPARED BY: Fred Reischl, AICP, Senior Planner, Growth Management Division - Planning & Regulation Attachment: I) Staff Report Packet Page -259- 6/28/2011 Item 10.0. COLLIER COUNTY Board of County Commissioners Item Number: 10.D. Item Summary: To provide the Board of County Commissioners (BCC) with an update of the draft Administrative Code. (Fred Reischl, Senior Planner, Growth Management Division/Planning & Regulation) Meeting Date: 6/28/2011 Prepared By Name: ReischlFred Title: VALUE MISSING 6/2/2011 3:35:50 PM Approved By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 6/2/2011 6:46:21 PM Name: Puig.1udy Title: Operations Analyst, CDES Date: 6/3/2011 12: 16:09 PM Name: LorenzWilliam Title: Director - CDES Engineering Services. Comprehensive Date: 6/4/2011 ] 2:22:20 PM Name: FederNonnan Title: Administrator - Growth Management Div,TranspOltati Date: 6/6/2011 10:55:44 AM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Date: 6/6/20 II 11:4 J :09 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/6/20 11 3:07:28 PM Packet Page -260- 6/28/2011 Item 10.0. Name: KlatzkowJeff Title: County Attorney, Date: 6/7/201] 1 :33:] 3 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/20/2011 ] 0:00:02 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/20/2011 10:23:24 AM Packet Page -261- 6/28/2011 Item 10.0. Co~r County ~"""",.-- - STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION OPERATIONS & REGULATORY MANAGEMENT DEPAR1MENT GROWTII MANAGEMENT DIVISION--PLANNING & REGULATION HEARING DATE: MAY 5, 201 I FROM: SUBJECT: DRAFT ADMINISTRATIVE CODE PROPERTY OWNER & APPLICANT/AGENT: Board directed. REOUESTED ACTION: County Staff was given direction by the Board of County Commissioners at their June 22,2010 regular meeting, to continue work on an Administrative Code. This presentation is an overview, intended to familiarize the Planning Commission with the purpose and intent of the proposed Administrative Code. A workshop and a public hearing will be scheduled for future CCPC meetings. GEOGRAPHIC LOCATION: The Administrative Code is intended to apply to all unincorporated areas of Co1Iier County. PURPOSEfDESCRIPTION OF PROJECT: The Collier County Land Development Code (LDC) combines the County's zoning, subdivision and related land development regulations into a single document. The LDC is the principal regulatory tool for implementing the County's Growth Management Plan. Currently, the LDC includes both the processes for obtaining land development-related approvals as well as the regulations governing land development. The proposed Administrative Code will describe the processes for obtaining land development approval. It is being written in a user-friendly format, with an organizational style and writing Administrative Code Informational Meeting May 5, 2011 CCPC Revised: 03f30t11 Packet Page -262- 6/28/2011 Item 10.0. format that should be easily understandable by readers including the general public, applicants and County permitting staff. SURROlTh'DING LAND USE AND ZONING: Not Applicable. GROWTH MANAGEMENT PLAN !GMP) CONSISTENCY: The Collier County GMP is silent on an Administrative Code. ANALYSIS: The proposed Administrative Code will describe the processes for obtaining land development approval. It is being written in a user-friendly format, with an organizational style and writing format that is easily understandable by readers including the general public, applicants and County permitting staff. Each section of the Administrative Code will address the following elements of the permitting process: When is the procedure required? Who is eligible to file an application? How do I file an application? What information is included v..ith the application? Are fees required? How does the County determine whether the application is sufficient? Do I need to meet with County staff? What kind of notice is required? Is a public hearing required? How are public hearings nm? Who makes the decision? How is the application reviewed? What are the criteria for approval? How soon is the decision made? What happens after the application is approved? What rights does the permitJdevelopment order give me? What happens if the permit is denied? If the permit is denied, may I reapply? How is the permitJdevelopment order recorded? How is the permitJdevelopment order monitored? As you can see from the questions above, the Administrative Code will not address substantive questions such as: "what are the setbacks for a single-family house?" or "what is the maximwn slope for the bank of a stormwater pond?" These non-process regulations will remain in the LOC. Administrative Code Informational Meeting May 5. 2011 CCPC Revised: 03/30/11 Packet Page -263- 6/28/2011 Item 10.0. Upon approval of the Administrative Code, the "processes" in the LDC will be removed simultaneously so there is no duplication. What are the advantages of having an Administrative Code and an LDC versus an LDC alone? The principal advantages of a stand-alone "user's manual" is that it will be written in plain- English and that it will be able to be amended more easily. The LDC and all LDC Amendments are enacted by ordinance. Besides advertising, the ordinance approval process includes public hearings before the Architectural and Historic Review Board (if applicable), the Environmental Advisory Council CEAC) [if applicable], the Planning Commission (CCPC) and the Board of County Commissioners (BCC). This is an appropriate vetting process for substantive regulations such as building setbacks and lake side-slopes. The Administrative Code is proposed to be adopted by resolution; therefore, an amendment to one of the Administrative Code's processes would also be advertised but would have only one public hearing: before the Board of County Commissioners. This may be a more appropriate vetting process for a procedural, non-substantive change. An example of an amendment to the LDC (Ordinance 04-41) is as follows: A citizen proposes the following change to Section 3.06.1 O.A of the LDC "Domestic wastewater treatment plant outfall, as regulated under the Florida Administrative Code, shall discharge not less than g)G 450 feet from an approved, but not yet constructed, potable water intake." This proposed change would be discussed at public hearings with public input before the EAC, CCPC, and BCC. An example of an amendment to the Administrative Code would be as follows: A citizen proposes the following change to the Administrative Code in Chapter 4, Site Development Plans, Application Contents, "a site development plan shall also be digitally created on I or more CDROM disks. flash drive. or other generallv accessible form of electronic media." This proposed change - which affects only the type of electronic media on which the plans are delivered to the County - would be advertised and could be approved, with public input, at one meeting of the BCC. NEIGHBORHOOD INFORMATION MEETING (NIM): Since the proposed Administrative Code would apply County-wide, a meeting in a specific neighborhood is not anticipated. However, public input will be welcome at any phase of the project, including workshops and public hearings. COUNTY ATTOAA"EY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition. RECOMMENDATION: Tills presentation is informational only. No action by the Planning Commission is required at this time; therefore, County Staffhas no recommendation. Administrative Code Informational Meeting May 5. 2011 eepe Revised: 03/30/11 Packet Page -264- 6/28/2011 Item 10.0. PREPARED BY: t- ( :3 - / ( FRED , AICP, SENIOR PLANNER DATE DEPART ENT OF OPERATIONS & REGULATORY MANAGEMENT APPROVED BY: ~-iJ-11 DATE Administrative Code Informational Meeting May 5, 2011 eepe Revised: 03130111 Page4of4 Packet Page -26S-