Agenda 05/26/2009 Item #17G
Agenda Item No. 17G
May 26, 2009
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopts an Ordinance relocating
the Planning Commission Ordinance from the Collier County Land Development Code to
the Collier County Code of Laws and Ordinances while concurrently repealing Section
8.03.00 of the Collier County Land Development Code.
OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached
Ordinance which relocates the Planning Commission Ordinance from the Collier County Land
Development Code to the Collier County Code of Laws and Ordinances while concurrently
repealing Section 8.03.00 of the Collier County Land Development Code. There are no revisions
to the Planning Commission Ordinance other than minor housekeeping revisions to adapt to its
new location in the Collier County Code of Laws and Ordinances.
CONSIDERA TIONS: Chapter 8 of the Collier County Land Development Code sets forth the
establishment, powers and duties of the Planning Commission, the Board of Zoning Appeals, the
Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the
HistoriciArchaeologic Preservation Board. Article VIII (Boards, Commissions, Committees and
Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances
also contains the establishment, powers and duties of a number of decision-making and
administrative bodies, including the Health Facilities Authority, the Housing Finance Authority,
the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic
Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory
Committee, the Tourist Development Council, the Development Services Advisory Committee,
and the Animal Services Advisory Board, as well as several others, and also contains the overall
standards for the creation and review of CowIty Boards Ordinance.
The Board determined that it would be advantageous to relocate the LDC Boards into the
administrative section ofthe Code of Laws and Ordinances in that (1) there are a limited number
of annual amendment cycles for the LDC, whereas amending general ordinances has no such
constraint; and (2) having the ordinances concerning all of the County's decision-making and
administrative bodies located within the same administrative section of the Collier County Code
of Laws and Ordinances aids the public in locating these advisory board rules. Creating
separate, stand alone ordinances for each of these boards (rather than a single, consolidated
advisory board ordinance) will make it easier to amend these rules and regulations as the need
arises. At its May 12,2009 meeting, the Board authorized staff to proceed with advertising the
attached Ordinance and waived the requirement, if any, of a special LDC cycle.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Ordinance was drafted by the County Attorney,
duly advertised and legally sufficient for Board action. This is a regular Board item requiring
supermajority vote. JAK
Agenda item No. 17G
May 26. 2009
Page 2 of 10
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Ordinance which relocates the Planning Commission Ordinance from the Collier County Land
Development Code to the Collier County Code of Laws and Ordinances while concurrently
repealing Section 8.03.00 of the Collier County Land Development Code.
PREPARED BY:
Jeffrey A. Klatzkow, County Attorney
Item Number:
Item Summary:
Meeting Date:
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Agenda Item [~o. 17G
May 26, 2009
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17G
RecommendatIOn that the Board of County Commissioners adopts an Ordinance relocating
the Planning Commission Ordinance from the Collier County Land Development Code to the
Collier County Code of Laws and Ordinances while concurrently repealing Seclion 803.00 of
the Collier County Land Development Code.
5/26/2009 90000 AM
Prepared lJy
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
5/14/20099:16:59 AM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
5/14/20092:48 PM
OMB Coordinator
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
5/15/20099:38 AM
Approved By
Randy Greenwald
County Manager's Office
ManagemenUBudget Analyst
Office of Management & Budget
Date
5/15/2009 3 :01 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5/161200910:32 AM
file://C:\AQendaTest\F:xnort\ 110-Mavo';;)202o.%202009\ 17.%20S1 JMMA R YO/~20A(JFNnA \. ')/)0/)009
!\qenda item [\Jo. 17G
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ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELOCATING THE PLANNING
COMMISSION ORDINANCE FROM THE LAND DEVELOPMENT
CODE INTO THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A
ST AND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING
SECTION 8.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS A..ND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the
establishment, powers and duties of a number of decision-making and administrative bodies,
including the Planning Commission, the Board of Zoning Appeals, the Building Board of
Adjustments and Appeals, the Environmental Advisory Council, and the Historic! Archaeologic
Preservation Board; and
WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of
Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the
establishment, powers and duties of a number of decision-making and administrative bodies,
including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory
Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory
Board, the Black Affairs Advisory Board, the li~ffordable Housing .t.~dvisory Committee, the
Tourist Development COlillcil, the Development Services Advisory Committee, the Animal
Services Advisory Board, as well as oLl}ers, and also contains Standards for the Creation and
Review of County Boards; and
WHEREAS, there are a limited nurnber of annual amendment cycles for the Land
Development Code, whereas amending general ordinances has no such constraint; and
WHEREAS, the Board finds that it is in the public interest to relocate this portion of the
Land Development Code into the Collier County Code of Laws and Ordinances and to create
separate ordinances for each of these Boards, thereby rnaYjng it easier to amend these rules and
regulations as the need arises, as well as to have the ordinances concerning all of the County's
decision-making and administrative bodies located within the same administrative section of the
Collier County Code of Laws and Ordinances.
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Agenda Item No. 17G
May 26, 2009
Page 5 of 10
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
Collier County hereby readopts Section 8.03.00 (Planning Commission) of the Collier
County Land Development Code in its entirety, as a separate, stand-alone ordinance, as follows:
(1) Establishment; Powers and Duties
There is hereby established a Planning Commission, which shall have the following
powers and duties:
A. To serve as the local planning agency (LP A), and land development regulation
commission as required by S 163,3174 and 163.3194, F.S.;
B. To prepare, or cause to be prepared, the Collier County GMP, or element or portion
thereof, and to submit to the BCC an annual report recommending amendments to such plan,
element, or portion thereof;
C. To prepare, or cause to be prepared, the LDC to implement the Collier County GMP, and
to submit to the BCC an annual report recommending amendments to the LDC;
D. To initiate, hear, consider, and make recommendations to the BCC on applications for
amendment to the text of the Collier County GMP and the LDC;
E. To initiate, review, hear, and make recommendations to the BCC on applications for
amendment to the future land use map of the Collier County GMP or the official zoning atlas of
the LDC;
F. To hear, consider, and make recommendations to the BCC on applications for conditional
use permits;
G. To make its special knowledge and expertise available upon reasonable written request
and authorization of the BCC to any official, department, board, commission, or agency of the
County, state, or federal governments;
H. To recommend to the BCC additional or amended rules of procedure not inconsistent
with this section to govern the Planning Commission's proceedings;
1. To perform those functions, powers and duties of the Planning Commission as set forth in
chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as
said chapter has been or may be amended; and
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)\genda item No. 17G
May 26. 2009
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J. To consider and take final action regarding preliminary subdivision plats processed
pursuant to the provisions of section 4,03.00.
(2) Membership
A. Qualifications.
1. Members of the Planning Commission shall be permanent residents and qualified
electors of Collier County.
2. Although no specific experience requirements shall be necessary as a prerequisite
to appointment, consideration shall be given to applicants who have experience or
who have shown interest in the area of planning, zoning, and related fields.
Further consideration in the appointment of Planning Commission members shall
be made so as to provide the Planning Commission with the needed technical,
professional, business, and/or administrative expertise to accomplish the duties
and functions of the Planning Commission.:. as sot forth in this LDC.
3. The appointment of all members to the Planning Commission shall be by
resolution of the BCe. In the event that any member is no longer a qualified
elector or is convicted of a felony or an offense involving moral turpitude while in
office, the BeC shall terminate the appointment of such person as a member of
the Planning Commission.
4. A representative of the school district, appointed by the school board, shall serve
as a non-voting member of the Planning Commission unless the BCe grants
voting status to the school district representative. The school district member of
the Planning Commission shall attend those Planning Commission meetings at
which GMP amendments and rezoning that would, if approved, increase
residential density of the property that is the subject of the application being
considered.
B. Appointment. The Planning Commission shall be composed of 9 members to be
appcmted by the BCe. All reappointments to the Planning Commission shall be made so as to
acbieve the following geographical distribution of membership:
1. One member: County Commission District No.4.
2. Two members: County Commission District No.1.
3. Two members: County Corrunission District No.2.
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i\genda item t~o. 17G
May 26, 2009
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4. Two members: County Commission District No.3.
5. Two members: County Commission District No.5 (one from Immokalee).
6. One member: Appointed by the school district.
C. Term, Each appointment or reappointment shall be for a term of 4 years. Each
appointment and reappointment shall be made so that the terms of any 2 members from a single
commission district shall not expire in the same year.
D. Reappointment. A member may be reappointed by the BCC for only 1 successive term,
unless there are no other qualified applicants for the member's position. Appointments to fill any
vacancy on the Planning Commission shall be for the remainder of the unexpired term of office,
E. Removal from office.
1. Any member of the Planning Commission may be removed from office by a four-
fifths vote of the BCC, but such member shall be entitled to a public hearing and
reconsideration of the vote if he so requests in writing within 30 days of the date
on which the vote is taken,
2. If any member of the Planning Commission fails to attend 2 consecutive Planning
Commission meetings without cause, the Planning Commission shall declare the
member's office vacant and the vacancy shall be filled by the BCe.
F. Officers. The membership of the Planning Commission shall elect a chairman and vice-
chairman from among the members, Officers' terms shall be for 1 year, with eligibility for
reelection.
(3) Quorum and Voting
The presence of 5 or more members shall constitute a quorum of the Planning
Commission necessary to take action and transact business. In addition, a simple majority vote of
at least 5 members present and voting shall be necessary in order to forward a formal
recommendation of approval, approval with conditions, denial, or other recommendation to the
BCC.
(4) Rules of Procedure
A. The Planning Commission shall, by a majority vote of the entire membership, adopt rules
of procedure for the transaction of business, and shall keep a record of meetings, resolutions,
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item f"-io, 17 G
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findings, and determinations. The Planning Commission may provide for transcription of such
hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary,
B. The Planning Commission may, from time to time, adopt and amend bylaws and rules of
procedure not inconsistent with the provisions of these regulations. Such proposed rules of
procedure shall be considered as if they were amendments to this LDC.
(5) Compensation
The members of the Piarming Commission shall serve without compensation, but may be
reimbursed for such travel, mileage, and/or per diem expenses as may be authorized by the BCC,
(6) Meetings
A. In order to provide convemence and promote public participation, meetings of the
Planning Commission shall be held in the Immokalee area when matters pending before the
Planning Commission are of sufficient concern to the Immokalee area to warrant such a meeting.
The Planning Commission shall, by majority vote, make such determination at 1 of its regularly
scheduled meetings well enough in advance to allow sufficient time to advertise such Immokalee
meeting. All other meetings shall be held at the Collier County Government Center, Naples,
Florida, unless othenvise specified by the Plar.Llling COIT'J11ission or the Bee.
B. All meetings and hearings of the Planning Commission shall be open to the public.
(7) Staff
The community development serVIces division shall be the professional staff of the
Planning Commission.
(8) Appeals
As to any land development petition or application upon which the Planning Commission
takes final action, an aggrieved petitioner, applicant, or aggrieved party may appeal such final
action to the Board of COlmty Commissioners. An aggrieved or adversely affected party is
defined as any person or group of persons which will suffer an adverse affect to an interest
protected or furthered by the Collier County Growth Management Plan, Land Development
Code, or building code(s). The alleged adverse interest may be shared in common with other
members of the community at large, but shall exceed in degree the general interest in community
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Agenda Item No. 17G
May 26, 2009
Page 9 of 10
good shared by all persons. The Board of County Commissioners may affirm, affirm with
conditions, reverse or reverse with conditions the action of the Planning Commission. Such
appeal shall be filed with the Development Services Director within 30 days of the date of final
action by the Planning Commission and shall be noticed for hearing with the Board of County
Commissioners, as applicable, in the same manner as the petition or application was noticed for
hearing with the Planning Commission. The cost of notice shall be borne by the petitioner,
applicant or aggrieved party.
SECTION TWO: Repeal of Ordinance.
Concurrent with the effective date of this ordinance, Section 8.03.00 (Planning
Commission) of the Collier County Land Development Code is hereby repealed in its entirety.
SECTION THREE: 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.
SECTION FOUR: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of Article VIII (Boards,
Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws
and Ordinances of Collier County, Florida. The sections of this 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 FIVE: 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.
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Agenda Item P~o. 17"8
f\1ay 26, 2009
Oage100f10
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this u.\\.. day of 't-\~ , 2009.
- r
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
By:
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