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Agenda 02/12/2019 Item #16A1402/12/2019 EXECUTIVE SUMMARY Recommendation to approve the 2019 schedule for submittals to amend the Collier County Growth Management Plan (GMP), as aligned with the Florida Statutes, and to approve exemptions from the schedule. OBJECTIVE: To have the Board of County Commissioners (Board) approve the 2019 schedule for amending the Collier County Growth Management Plan (GMP) to reflect the changes provided for within Resolution #12-234, adopted by the Board at the November 13, 2012, public hearing, and to approve exemptions from the schedule. CONSIDERATIONS: Resolution #12-234 provides for a tri-annual GMP amendment cycle, but the resolution does not contain the specificity of when the tri-annual cycle of GMP amendments is to be initiated. The schedule proposed would require copies of an application to amend the Collier County Growth Management Plan to be submitted no later than the last Friday in February, June, and October. It should be noted that due to the fact that the schedule is not embedded within Resolution #12-234, every year the GMP amendment cycle will be set by the Board. Staff is requesting the 2019 GMP amendment schedule provide the development community and the general public advanced certainty of the upcoming year’s submittal dates for GMP amendments. Additionally, as noted in the Executive Summary that accompanied Resolution #12-234, staff is recommending the Board maintain the current practice of processing the various types of GMP amendments in relation to the amendment cycles. The past practice, following Florida Statutes, exempted from the cycle the following types of GMP amendments: DRI-related, located within a designated Rural Area of Opportunity (RAO), and Small Scale amendments. Staff is requesting the Board maintain the exemption from the cycle limitations for the above described GMP amendments. FISCAL IMPACT: There is no fiscal impact for approving the proposed schedule and the exemption from the cycles of certain types of GMP amendments. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Approval of the proposed 2019 schedule for GMP amendment applications will satisfy the direction provided for in Resolution 12-234, which allocates a tri-annual cycle for GMP amendments. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires a majority vote for Board approval. -HFAC RECOMMENDATION: To approve the schedule for the tri-annual GMP amendment cycle as February 22, June 28, and October 25 and the exemption from the cycle limitations for the following types of GMP amendments: DRI-related, located within a designated Rural Area of Opportunity (RAO), and Small Scale amendments. Prepared by: Mike Bosi, AICP, Director, Zoning Division ATTACHMENT(S) 1. exhibit-A-Reso-12-234 (PDF) 16.A.14 Packet Pg. 676 02/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.14 Doc ID: 7771 Item Summary: Recommendation to approve the 2019 schedule for submittals to amend the Collier County Growth Management Plan (GMP), as aligned with the Florida Statutes, and to approve exemptions from the schedule. Meeting Date: 02/12/2019 Prepared by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 01/15/2019 8:54 AM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 01/15/2019 8:54 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 01/15/2019 10:32 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 01/18/2019 1:18 PM Growth Management Department James C French Deputy Department Head Review Completed 01/19/2019 4:03 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 01/23/2019 3:15 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/24/2019 10:17 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/25/2019 8:52 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 01/25/2019 3:02 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/31/2019 2:07 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/12/2019 9:00 AM 16.A.14 Packet Pg. 677 RESOLUTION 12-2 3 4 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 16.A.14.a Packet Pg. 678 Attachment: exhibit-A-Reso-12-234 (7771 : 2019-GMP-A-Cycle) 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 staffs 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. 16.A.14.a Packet Pg. 679 Attachment: exhibit-A-Reso-12-234 (7771 : 2019-GMP-A-Cycle) 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: - x, n BOARD OF COUNTY COMMISSIONERS DWIGHT E: tiRO6K., CLERK COLLIER COUNTY, FLORIDA By: 1DAIII//By: LJ C Doput, er FRED W. COYLE, CHAI' A1>usit as to C1 . ilma it t ii . Ap;;ove, to form and legal sufficiency: 1 44 Olt l' Jeffrq • K 7,. ow Coun • ltitorney1 1 16.A.14.a Packet Pg. 680 Attachment: exhibit-A-Reso-12-234 (7771 : 2019-GMP-A-Cycle)