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Backup Documents 10/08/2013 Item # 9ACOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: � � uriii N Originating Dept/ Div County Attorney Person: Jeffrey A. Klatzkow Date: 9/24/13 Petition No. (If none, give brief description): Amendment to Ordinance No. 2013 -25 title below Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10+ days before hearing.) October 8, 2013 (ad to run no later than FRIDAY, September 27, 2013) Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other Proposed Text: (Include legal description & common location & Size) ❑ Legally Required AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION FIVE OF ORDINANCE NO. 2013 -25, THE COLLIER COUNTY HEARING EXAMINER ORDINANCE, TO CLARIFY THE POWERS AND DUTIES OF THE HEARING EXAMINER AS IT RELATES TO MINOR CONDITIONAL USES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: None Purchase Order Number to be charged for advertising costs: P.O. 4500139337 Reviewed by: Division Administrator or Designee Date List Attachments: proposed ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. **************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FOR CLERK'S OFFICE USE n Date Received: �— 3 Date of Public hearing: � © �� 3 Date Advertised: Ann P. Jennejohn 9 A From: Neet, Virginia Sent: Tuesday, September 24, 2013 2:05 PM To: Minutes and Records Subject: Legal ad for 10/8/13 BCC Meeting - to run Friday, 9/27 Attachments: Advertising Request Form - Amendment to Hearing Examiner's Ordinance.docx Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 Under Florida Law. e mail addresses are public records. If you do not want your e mail address released in response to a public records request, do not send electronic mail to this entity, Instead, contact this office by telephone or in writing, COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ other: y �it!I Originating Dept/ Div County Attorney Person: Jeffrey A. Klatzkow Date: 9/24/13 Petition No. (If none, give brief description) Petitioner: (Name & Address): N/A Amendment to Ordinance No. 2013 -25 title below Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) I- fearing before BCC BZA Other Requested Bearing date: (Based on advertisement appearing 10+ days before hearing.) October 8, 2013 (ad to run no later than FRIDAY, September 27, 2013) Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other Proposed Text: (Include legal description & common location & Size) ❑ Legally Required AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION FIVE OF ORDINANCE NO. 2013 -25, THE COLLIER COUNTY HEARING EXAMINER ORDINANCE, TO CLARIFY THE POWERS AND DUTIES OF THE HEARING EXAMINER AS IT RELATES TO MINOR CONDITIONAL USES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: None Purchase Ur r N .tuber to be charged for advertising costs: P.O. 4500139337 Reviewed b Division Adrri. is o ' r Designee Date 3 List Attachme s: proposed ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda File: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for tile. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: r� ORDINANCE NO. 2013- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION FIVE OF ORDINANCE NO. 2013 -25, THE COLLIER COUNTY HEARING EXAMINER ORDINANCE, TO CLARIFY THE POWERS AND DUTIES OF THE HEARING EXAMINER AS IT RELATES TO MINOR CONDITIONAL USES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE, DATE. WHEREAS, The 1967 Collier County Special Act (Laws of Fla. ch. 67 -1246, as amended by Laws of Fla. ch. 2001 -344), specifically authorizes the Board of County Commissioners to implement a county hearing examiner program by comity ordinance; and WHEREAS, the Collier County Land Development Code Sec. 8.02.01.0 provides that "In addition to any authority granted to the Board of County Commissioners (BCC) by general or special law, the Board of County Commissioners (BCC) shall have the following powers and duties: To designate and appoint hearing officers to make decisions as the BCC may deem appropriate. " WHEREAS, on March 26, 2013, the Board of County Commissioners (Board) adopted Ordinance No. 2013 -25, the Collier County Hearing Examiner Ordinance, which established the Office of the Hearing Examiner under the teens and conditions outlined in the Ordinance; and WHEREAS, Section Five of Ordinance No. 2013 -25 sets forth the powers and duties of the Hearing Officer, including the duty to hear requests for minor conditional uses; and WHEREAS, since adoption of Ordinance No. 2013- 25,'the Board has commented on the need to better define "minor conditional uses." WHEREAS, Staff presented proposed amendments to the Collier County Planning Commission (CCPC) for consideration. The CCPC reviewed staff's language, and staff offers the following modifications to Section Five, Paragraph 3 of the Hearing Examiner Ordinance based on the input of the CCPC; and WHEREAS, accordingly, the Board desires to amend Section Five, Paragraph 3 of the Hearing Examiner Ordinance as follows. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Words Underlined are added; Words $talc= +Fe4i are deleted. Pagel of 3 SECTION ONE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2013-25. Section Five of Ordinance No. 2013 -25 is hereby amended as follows: SECTION FIVE: Powers and Duties of the Hearing Examiner. The Hearing Examiner shall have the following powers and duties: 3. Conditional Uses. The Hearing Examiner will hear and decide all requests for minor conditional uses. For purposes of this section a minor conditional use is one which does not require Environmental Advisory Council review and which is not a case of great public interest or concern as deternlined in the discretion of the Hearin; Examiner. However, any member of the Board of County Commissioners may direct any conditional use to be heard by the Plarniing Commission in an advisory capacity and then Board of Zoning Appeals for final action. In reaching his decision, the Hearing Examiner must consider: a. the factors and criteria set forth in LDC Sec. 10.08.00.D; b. the relevant matters set forth in an applicant's written petition; C. the testimony of any applicant or agent; d. the recommendation of staff; and e. the testimony of the public. As part of his decision, the Hearing Examiner must make the findings required by LDC Sec. 10.08.00.D, and may place appropriate conditions and safeguards as set forth in LDC Sec. 10.08.00.E. 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 the 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. Words Underlined are added; Words &r�► are deleted. Page 2 of 3 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 Ordinances 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 receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of _ , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Jeffrey County In , Deputy Clerk and legality: GEORGIA A. HILLER, ESQ. CHAIRWOMAN Words Underlined are added; Words Stn T,wet�i are deleted. Page 3 of 3 t. Acct #027354 September 24, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Amending Ordinance 2013 -25 Collier County's Hearing Examiner Ordinance Dear Legals: Please advertise the above referenced notice Friday, September 27, 2013, and send the Affidavit of Publication, in Duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500139337 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, October 8, 2013, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, 34112, the Collier County 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 SECTION FIVE OF ORDINANCE NO. 2013 -25, THE COLLIER COUNTY HEARING EXAMINER ORDINANCE, TO CLARIFY THE POWERS AND DUTIES OF THE HEARING EXAMINER AS IT RELATES TO MINOR CONDITIONAL USES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR 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 rp for 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 item. 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 material 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 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. '9A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jennejohn `9A From: Ann P. Jennejohn Sent: Tuesday, September 24, 2013 2:39 PM To: Naples Daily News Legals Subject: Amending Ordinance 2013 -25 Attachments: Amending 2013- 25.doc; Amending 2013- 25.doc Hi again, Please advertise the attached this Friday, September 27, 2013. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Ann P. Jennejohn From: Polidora, Carol < cpolidora @naplesnews.com> Sent: Tuesday, September 24, 2013 4:00 PM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS1382 jpg Hi Ann! Please provide approval ASAP for publication on 09.27.13. Deadline is tomorrow morning (Wed., 09.25) at 9:OOam. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 09/24/13 Publication NDN Account Number 503641 Ad Number 2001939 Total Ad Cost $259.38 1 AMENDING HEARING EXAMINER ORDINANCE 2013 -25 NOTICE OF- INTENTTO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, October 8, 2013, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center; 3299 Tamiami Trail East, Naples, Florida, 34112, the Collier County Board of County Commissioners will consider the enactment of a County ordinance. The meeting will commence at 9:00 A.W The title of the proposed ordinance is as follows. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION FIVE OF ORDINANCE NO. 2013 -25, THE COLLIER COUNTY HEARING EXAMINER ORDINANCE, TO CLARIFY THE POWERS AND DUTIES OF THE HEARING EXAMINER AS IT RELATES TO MINOR CONDITIONAL USES, PROVIDING FOR CONFLICT AND SEVERABILiTY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR 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, vlshng to speak on any individual speakers will be limited to .3 minutes on any item. The selection of art individual to s ea k on behalf of alt organization or group is encouraged. If recognized by the Chairman, a spokespersoit for a group or organization rnay.be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Hoard agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written material intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days ppriot to the oublic 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 a verbatim re- cord 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 Facliltles 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 GEORGIA A. HILLER, E.SQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK Ry. Ann Jennejohn, Deputy Clerk (SEAL) September 27, 2013 No. 2001939 Ann P. Jennejohn 9A From: Neet, Virginia Sent: Tuesday, September 24, 2013 4:48 PM To: Ann P. Jennejohn Subject: RE: Ad Confirmation Looks Greatlllll Thank you! Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. - - - -- Original Message---- - From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Tuesday, September 24, 2013 4:12 PM To: NeetVirginia Subject: Ad Confirmation Attached is the notice for the hearing examiner ordinance that will be published this Friday. If you could please look it over real quick she needs an "O.K." a.s.a.p. Thank you! Ann - - - -- Original Message---- - From: Polidora, Carol [ mai Ito: cpoIidora @naplesnews.com] Sent: Tuesday, September 24, 2013 4:00 PM To: Ann P. Jennejohn Subject: Ad Confirmation Hi Ann! Please provide approval ASAP for publication on 09.27.13. Deadline is tomorrow morning (Wed., 09.25) at 9:OOam. Thanks! Carol Ovd.11"�+qDvj.2ois -L�-: V�+ - Ifan�rd �i ret'Orz4'nwre im NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, October 8, 2013, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, 34112, the Collier County 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 SECTION -FIVE OF ORDINANCE NO. 2013 -25, THE COLLIER COUNTY HEARING EXAMINER ORDINANCE, TO CLARIFY THE POWERS AND DUTIES OF THE HEARING EXAMINER AS IT RELATES TO MINOR CONDITIONAL USES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION I IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR 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 item. Persons wishing to have written or graphic materials included in the Board agenda j packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written material intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days rior 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 a verbatim re- f cord of the proceeding; is made, which record includes the testimony and evidence upon which the appeal is based. you area 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 iof 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 GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 5antemher 27. 2013 No 2001939 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Linda Sentz, who on oath says that she serves as Account Executive of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on September 27, 2013. NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, October 8, 2013, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, 34112, the Collier County 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 SECTION FIVE OF ORDINANCE NO. 2013 -25, THE COLLIER COUNTY HEARING EXAMINER ORDINANCE, TO CLARIFY THE POWERS AND DUTIES OF THE HEARING EXAMINER AS IT RELATES TO MINOR CONDITIONAL USES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR 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 item. 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 material 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 a verbatim re- cord 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 GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 707 No 2001939 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. r (Signature of affiant) Sw, to and subscribed before me Thi29th day f Ito r, 013 (Signature of notary public) CAROL POLIDORA `g MY COMMISSION * EE 851758 EXPIRES: November 28, 2014 %F5 Bonded Thru Plchard Insurance Agency ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9 A 'r THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney office no later than Monday preceding the Board meeting. Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed If the document is already complete with the exception of the Chairman's signature. draw a line through routine lines #I through #2_ comnlete the checklist and fnrward to the Cminty Attnmev flff'ine Route to Addressees (List in routing order) Office Initials Date 1. 7 Initial j 2. 10/8/13 Agenda Item Number 9 -A (formerly 17 -13) 3. County Attorney Office County Attorney Office JAK `1 A 10/9/12 4. BCC Office Board of County Commissioners vt,( S One 5. Minutes and R t'rds Clerk of Court's Office -re, ra /cl C PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff' for additional or missing information_ Name of Primary Staff Jeffrey A. latzkow, County Attorney Phone Number 252 -8400 Contact / Department 7 Initial j Agenda Date Item was 10/8/13 Agenda Item Number 9 -A (formerly 17 -13) Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, JAK Type of Document Ordinance amending Hearing Examiner Number of Original One Attached Ordinance a(7 uoz -. Documents Attached PO number or account N/A number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's JAK INSTRUCTIONS & CHECKLIST I: Fortes/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Does the document require the chairman's original signature? JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information (Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK si ature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwardilk. to Tallahassee within a certain time frame or the BCC's actions are nullified. Be away of your deadlines! 8. The document was approved by the BCC on 10/8/13ifind all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by th SJAKt> BCC, all changes directed by the BCC have been made, and the document is ready fo the Chairman's si ature. I: Fortes/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 9A 4 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Monday, October 14, 2013 4:27 PM To: Neet, Virginia; Rodriguez, Wanda Subject: Ordinance 2013 -59 Attachments: Ordinance 2013- 59.pdf Hi Dinny & Wanda, Attached is Ordinance 2013 -59, adopted by the Board last Tuesday. and filed with the Secretary of State today. This is the first Ordinance we have electronically filed. I included an official letter sent by the state acknowledging the Ordinance was indeed filed by our office. Of course it's available on our website too. Ann Jenne john, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Ann P. Jennejohn 9 A 4- From: Ann P. Jennejohn Sent: Monday, October 14, 2013 3:22 PM To: 'County0rdinances @dos.myflorida.com' Cc: Minutes and Records Subject: CLL Ordinance 2013 -0059 Attachments: CLL20131014 _Ordinance2013_0059.pdf SENT BY: COLLIER COUNTY CLERK OF THE CIRCUIT COURT BOARD MINUTES & RECORDS DEPARTMENT SENDER'S PHONE: 239 - 252 -8406 COUNTY: COLLIER (CLL) ORDINANCE NUMBER: 2013 -0059 Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252- 8408(Fax) Ann P. Jennejohn 9 A From: Hall, Mario R. <Mario. Hal I @dos.myflorida.com> Sent: Monday, October 14, 2013 3:47 PM To: Ann P. Jennejohn Cc: County Ordinances Subject: RE: CLL Ordinance 2013 -0059 Attachments: Collier 2013 -59 - Ack.pdf @ItsWorkingFL at °s The Department of State is leading the commemoration of Florida's 500th anniversary in 2013. For more information, please go to WW",- http: / /www.vivaflorida.org. The Department of State is committed to excellence. Please take our Customer Satisfaction Survey. From: Ann P. Jennejohn [mailto: Ann .JennejohnC&collierclerk.com] Sent: Monday, October 14, 2013 3:22 PM To: County Ordinances Cc: Minutes and Records Subject: CLL Ordinance 2013 -0059 SENT BY: COLLIER COUNTY CLERK OF THE CIRCUIT COURT BOARD MINUTES & RECORDS DEPARTMENT SENDER'S PHONE: 239 - 252 -8406 COUNTY: COLLIER (CLL) ORDINANCE NUMBER: 2013 -0059 Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Please visit us on the web at www.colliercierk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. j RICK SCOTT Governor October 14, 2013 ' FILED #43 11INTY. FLORIDA FLORIDA DEPARTME i- fh 3= 57 CLERK OF COURTS KEN DETZNER Secretary of State RY D.r Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101 -3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2013 -59, which were filed in this office on October 14, 2013. Sincerely, Liz Cloud Program Administrator LC /elr Enclosure R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.tl.us 9 A ,4 ORDINANCE NO. 2013- 5 9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION FIVE OF ORDINANCE NO. 2013 -25, THE COLLIER COUNTY HEARING EXAMINER ORDINANCE, TO CLARIFY THE POWERS AND DUTIES OF THE HEARING EXAMINER AS IT RELATES TO MINOR CONDITIONAL USES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The 1967 Collier County Special Act (Laws of Fla. ch. 67 -1246, as amended by Laws of Fla. ch. 2001 -344), specifically authorizes the Board of County Commissioners to implement a county hearing examiner program by county ordinance; and WHEREAS, the Collier County Land Development Code Sec. 8.02.0l.0 provides that "In addition to any authority granted to the Board of County Commissioners (BCC) by general or special law, the Board of County Commissioners (BCC) shall have the following powers and duties: To designate and appoint hearing officers to make decisions as the BCC may deem appropriate. " WHEREAS, on March 26, 2013, the Board of County Commissioners (Board) adopted Ordinance No. 2013 -25, the Collier County Hearing Examiner Ordinance, which established the Office of the Hearing Examiner under the terms and conditions outlined in the Ordinance; and WHEREAS, Section Five of Ordinance No. 2013 -25 sets forth the powers and duties of the Hearing Officer, including the duty to hear requests for minor conditional uses; and WHEREAS, since adoption of Ordinance No. 2013 -25, the Board has commented on the need to better define "minor conditional uses." WHEREAS, Staff presented proposed amendments to the Collier County Planning Commission (CCPC) for consideration. The CCPC reviewed staff's language, and staff offers the following modifications to Section Five, Paragraph 3 of the Hearing Examiner Ordinance based on the input of the CCPC; and WHEREAS, accordingly, the Board desires to amend Section Five, Paragraph 3 of the Hearing Examiner Ordinance as follows. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Words Underlined are added; Words Stmek Through are deleted. Page 1 of 3 9Ak..,4 SECTION ONE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2013-25. Section Five of Ordinance No. 2013 -25 is hereby amended as follows: SECTION FIVE: Powers and Duties of the Hearing Examiner. The Hearing Examiner shall have the following powers and duties: 3. Conditional Uses. The Hearing Examiner will hear and decide all requests for minor conditional uses. For pg oses of this section, a minor conditional use is one which does not require Environmental Advisory Council review and which is not a case of great public interest or concern as determined in the discretion of the Hearing Examiner. However, the Commissioner of the District in which the proposed minor conditional use is located may direct that the minor conditional use be heard by the Planning Commission in an advisory capacity then Board of Zoning Appeals for final action. In reaching his decision, the Hearing Examiner must consider: a. the factors and criteria set forth in LDC Sec. 10.08.00.D; b. the relevant matters set forth in an applicant's written petition; C. the testimony of any applicant or agent; d. the recommendation of staff; and e. the testimony of the public. As part of his decision, the Hearing Examiner must make the findings required by LDC Sec. 10.08.00.1), and may place appropriate conditions and safeguards as set forth in LDC Sec. 10.08.00.E. 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 the 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. Words Underlined are added; Words Stmek TbEettgh are deleted. Page 2 of 3 x 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 Ordinances 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 receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this '%+V-\_ day of C-�d� , 2013. ATTEST:s -A DWIGHP BROC a rqk By- lac !P. -Clerk form and legality: 0 SIONERS COUNTY, FLORIDA G40ROIA A. HILLER, ESQ. CHAIRWOMAN This ordinance filed with the S44t�tory of t ' Offic�' day of _ 3 and ocknowledW fi ' r ceiyed o , By Words Underlined are added; Words &mek ThFetgh are deleted. Page 3 of 3