Agenda 03/24/2009 Item #16K 1
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners directs Staff to work with the
County Attorney to amend the Land Development Code (LDC) and relocate to the Collier
County Code of Laws and Ordinances LDC Sections 8.03.00 (the Planning Commission
Ordinance); 8.04.00 (the Board of Zoning Appeals Ordinance); 8.05.00 (the Building Board
of Adjustments and Appeals Ordinance); 8.06.00 (the Environmental Advisory Council
Ordinance); 8.07.00 (the Historic/Arehaeologic Preservation Board Ordinance); and
Section 8.08.00 (the Code Enforcemcnt Board Ordinance), and to amend the Planning
Commission Ordinance to require nomination by the Commissioner of the District which
the appointee would reprcsent.
OBJECTIVE: To amend the Collier County land Development Code (Ordinance No. 2004-4],
as amended) for the purpose of relocating various advisory board ordinances to the Collier
County Code of Laws and Ordinances, and to alllend the Planning Commission Ordinance, now
set forth as lDC Sectioll 8.03.00, to require nominatioll by the Commissioner of the District
which the appointee would re'present.
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CONSIDERA nONS: During the Board's ""Iarch 10. 2009 meeting. the Board directed the
County Attorney to investigate \\ hether the Collier County Land Development Code could be
amended for the purpose of relocating the provisions relating to various advisory boards to the
Collier County Code of [.a\\s and Ordinances. After researching the issue and confil111ing our
findings with the COllnty's local gmernment outside counsel, Nabors Giblin, it is our opinion
that the Board can indeed do this, The affected ach isory hoards are the Planning Commission,
the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the
Environmental Advisory COllnciL the Historie//\rchaeo[ogic Preservation Board and the Code
Enforcement Board.
Additionally, the Board votcd to amend the Planning Commission Ordinance, codilied in Section
8.03.00 of the Collier County Land Devc:lopment Code, to require nomination by the
Commissioner of the District \\hieh the appointee would represent. After reviewing a number of
options, it is the opinion of the County Attorney that this can best be done as pali of the same
process as relocating these advisory board ordinances.
FISCAL IMPACT: None.
GROWTH MANAGEMENT liYII'ACT: None.
LEGAL CONSIDERATIONS: The Board has the :lUthority to direct this action. This is a non-
quasi judicial matter. Since this vote ultil11:ltC'ly will require a Land Development Code
amendment, the County Attorney recol11mends that l'1lJr lotes be required to approve this
recoml11endation. -JAK
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RECOMMENDATION: Ihat the Board of County COl11m'ssioners directs Staff to work with
the County Attorney to amend the land Development Code and relocate to tbe Collier County
Code of Laws and Ordinances LDC Sections 8.03.00 (the Planning COlTlmission Ordinance);
8.04.00 (the Board of Zc,ning l\ppeals Ordinance): 8.0S.00 ('he Building Board of Adjustments
and Appeals Ordinance); 8'()6.00 (the En\il'Onmental\dvisory Council); 8.07.00 (the
Historic/Archaecllogie Preservatiun Board Ordinance); ami S.OS.OO (the Code Enforccment
Board Ordinance). and to amend the Planning Commission Ordinance, now set forth as LDC
Section S.03.00. to require 110minatiol1 by the Commissioner of the District which the appointee
would represent
PREPARED BY:
Jeffrey A. Klatzkow. County Attorney
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COLLIER COUNTY
BeARD OF COUJ~TY COr~1MtSS!ONERS
Item Number:
1GK1
Item Summary:
Rc;con:rllend2tlon Un.: the Boa~d af CO'Jnty C:Jmm:ssloners airec:s Staff to wOI-k with the
County !-\tlorney to amend the Land Development Code (LDC) 3nd relocate to the Collier
County Code of L3'I.'S and Or-dlnances LDC Sections 8.0300 (the Planning Commission
Ordinance): 804.00 (:rie Board of Zcning Appe2!s Ol-dlnance); 3_0500 (the Building Board of
Adjustments and i\ppeals Ordinance): 8,06,00 (the Environmental Advisory Council
Or::ilnance), 80700 (the Histol"ic/Archaeolog:c Preservation 802rd Ordinance); and Section
8,0300 iJhc Code En::;rcernenl S031'd Or::!:niOmCS). 3nd to z:rr:cnd the Planning Comni:ssicn
O,dilli::ln::e to ~equire 11iJrLir;o~i'~.1r1 by tile Cornnl;ssiOller 01 the District which the ar;:",)iniee
would represent.
Meeting Date:
3/24,'20C9 9'00 00 ,t.,iv1
Prepared By
Jeff Kiatzkow
Assist:'lr,t Co~ntr Att?nH!Y
Date
County ,t,ttomc-y
C()U:l~}' ~1\~t(W1C'Y anise
3:-::;'/;20092:21:04 PM
Approved By
Jeff ~\iZt:f.:,;H{
l,'::,s\sta~t C~:.:nty P.tt::JiilSY
D3tO
CClInty A~tor~l(,Y
C>,w;ry Attal':-:ey O~ir'e
:>"!3!=QO~ 4:07 F':J!
A pproved By
cr1.'iE C0ord:mJor
(;[:,18 C0::;rdi~,atcr
C:Z::C
County hi:a.,ager's Office
Otfi,-€, of tlt;anag8mcnt & Cud get
~)/13!2'..lC9 4:21 PM
AplHoved By
John A. Yonkesk,
[oimct.'.)r of the Offk:c of Man3gerClent
Date
County Manager's Office
C':fice of 1~~anog,)IT1~nt & 3ucg."t
3/15,'2009 S: 19 AM
Approved By
James V. Mucd
Ce1unt)' r~13naqer
Date
80ard of County
Cc)unty rlr.ar.zJH's Ot':'ice
3/16120094:17 PM
Commissioners
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