Agenda 07/28/2009 Item #16A23Agenda Item No. 16A23
July 28, 2009
Page 1 of 18
EXECUTIVE SUMMARY
To provide the Board of County Commissioners with a preview of the upcoming 2009 cycle
of Land Development Code (LDC) Amendments by distributing a copy of the master list of
proposed LDC Amendment requests for LDC Amendment 2009 Cycle 1.
OBJECTIVE: To provide the members of the Board of County Commissioners with a copy of
the master list of proposed LDC Amendment (LDCA) requests for LDC Amendment 2009 Cycle
1.
CONSIDERATIONS: During the October 30, 2008 final public hearing on the LDC
Amendment 2008 Cycle 1, it was requested by the Board of County Commissioners that they be
provided with a list of LDC Amendments proposed for the next cycle so that they might identify
issues of special concern to their districts, and to the voters in general, early in the LDC process.
In addition, the Board voted to defer many of last cycle's amendments to this cycle. This master
list will serve as a check that all the deferred amendments will come back. Also attached for
your information are copies of the two letters received from the Chairman of the Development
Services Advisory committee (DSAC). The first was sent in June, 2008 and is a request to
suspend future LDC amendments. The second was sent in April, 2009 and is a request to add
amendments. Please note that as to the subject matter of the second letter, at their request, staff
has worked with members of DSAC in the recent past, however the members participation
waned and staff moved on to other priorities. Staff certainly recognizes a future need to address
the subject matter of the letter, but this subject matter is not part of this amendment cycle. For
the Board's information, staff has also provided the executive summary reviewed by the Board at
the December 2, 2008 meeting. This summary set forth the number of cycles for 2009, the time
frame and the proposed content. Please note, due to scheduling difficulties, the staff was unable
to schedule the completion of the 2009 cycle until after December 31, 2009.
FISCAL IMPACT: Not applicable at this point.
GROWTH MANAGEMENT IMPACT: The LDC master list for the coming 2009 Cycle 1
contains many EAR -based amendments, which require implementation in the LDC. Proposed
non - EAR -based LDC Amendments will be reviewed for consistency with the Growth
Management Plan during the LDC cycle process, during which the LDCAs will be reviewed for
consistency by Comprehensive Planning staff and the County Attorney's Office (CAO) as to
legality, sufficiency and possible conflicts with other LDC provisions and the Collier County
Code of Laws and Ordinances.
LEGAL CONSIDERATIONS: Legal considerations of each LDC Amendment will be
determined during the LDC process, when the LDCAs are vetted across County Departments and
Divisions, including the County Attorney's Office. The proposed amendments will be reviewed
and a recommendation provided by the Development Services Advisory Committee, the
Environmental Advisory Council (as needed) and the Collier County Planning Commission prior
Agenda Item No, 16A23
July 28, 2009
Page 2 of 18
to their formal presentation to the Board. It is anticipated that the LDC Amendments will come
before the Board in the second quarter of next year.
This item has been reviewed for legal sufficiency and there are no outstanding legal
considerations. This item is not quasi - judicial (ex parte disclosures are not required), and no
vote is required. This item is legally sufficient for Board action. -JW
RECOMMENDATION: This is an opportunity for Commissioners to get an early preview of
the coming LDC cycle in order to advise staff of any questions or initial concerns they might
have about individual LDC Amendment requests early in the cycle.
Prepared by: Catherine Fabacher, LDC Manager, Zoning & Land Development Review, CDES
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Page I of 1
Agenda Item No. 16A23
July 28, 2009
Page 7 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A23
Item Summary: To provide the Board of County Commissioners with a preview of the upcoming 2009 cycle of
Land Development Code (LDC Amendments by distributing a copy of the master list of
proposed LDC Amendment requests for LDC Amendment 2009 Cycle 1.
Meeting Date: 7/2812009 9:00:00 AM
Prepared By
Budget Analyst
Office of Management & Budget
Date
7/17f2009 1:44 PM
Catherine Fabacher
Principal Planner
Date
Community Development &
Zoning & Land Development Review
7/16/2009 8:17:16 AM
Environmental Services
Environmental Services Adminstrator
Approved By
Community Development &
7J1712009 2:20 PM
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/16/2009 9:16 AM
Approved By
Deputy County Manager
Date
Susan Istenes, AICP
Zoning & Land Development Director
Date
Community Development &
Zoning & Land Development Review
7116/2009 11:32 AM
Environmental Services
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
711612009 11:33 AM
Environmental Services
Environmental Services Admin.
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 7(16/2009 12:05 PM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 711712009 1:15 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
Date
7/17f2009 1:44 PM
Approved By
Joseph K. Schmitt
Community Development &
Date
Environmental Services Adminstrator
Community Development &
Community Development &
7J1712009 2:20 PM
Environmental Services
Environmental Services Admin.
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
County Manager's Office
7/1712009 4:00 PM
Commissioners
file: / /C: \AgendaTest \Export\ 133 - July %2028, %202009\ 16. %2000NSENT %20AGENDA\ 1... 7/22/2009
1
Aaenda Item No, 16A23
Agenda Ite July 2 *80 9
Der- embe 8
Page 1 of 8
EXECUTIVE SUMMARY
To request that the Board of County Commissioners (BCC) approve a single Land
Development Code (LDC) amendment cycle for the 2009 calendar year to consider a
limited scope of amendments to the LDC as follows: to remove the administrative
provisions from the LDC and establish a separate Administrative Code; to consider the
Evaluation and Appraisal Report (EAR) based Environmental amendments that were
continued by the BCC from the 2008 Cycle l; to consider amendments to the School Board
review process as required by adoption of the 2008 GMP amendments; to consider an
amendment to the Nonconformities section of the LDC continued from the 2008 cycle 1; to
consider the proposed architectural design deviation process for Immokalee as
acknowledged by the BCC; to consider the amendments to the Wellfield protection
regulations as directed by the BCC; to consider amendments to specify how to calculate
shorelines subject to conservation easements or the like when calculating the number of
boat slips per the Manatee Protection Plan, as directed by the BCC; and to consider any
amendments to the Stewardship Receiving Area (SRA) if there are any at that time.
OBJECTIVE:
To request that the Board of County Commissioners (BCC) approve a single Land Development
Code (LDC) amendment cycle for the 2009 calendar year to begin on March 1, 2009 and ending
on December 31, 2009, as amended, for a total of one (1) LDC amendment cycle of a pre-
defined scope in 2009.
CONSIDERATIONS:
The purpose of this request is to set forth the number of cycles, the time frame and the content
for the proposed 2009 LDC amendment cycle. Amendments to the Collier County Land
Development Code may be made not more than two times during any calendar year as scheduled
by the County Manager, except amendments to this Code may be made more often than twice
during the calendar year if the Collier County Board of County Commissioners, by at least a
super - majority vote, directs that additional amendments be made for specific purposes.
The 2008 LDC cycle recently ended on October 30, 2008. During that cycle approximately 12
amendments were not adopted and were subsequently continued for various reasons. Many of
these are continued amendments which are amendments to environmental review subject matter
areas and are the 2004 EAR -based GMP amendments that were adopted by the BCC and had an
effective date of May 24, 2007. Most of the EAR -based GMP amendments stated that within
one year of the amendment, the County will adopt the appropriate land development regulations
to implement the respective policies. This was to be completed in the 2008 cycle, however the
Board voted to continue the amendments to the next (2009) cycle for further review of the
amendments by staff and interested members of the public. Furthermore, at the June 24, 2008
BCC meeting under "Discussion Items" the BCC considered the possibility of limiting LDC
amendments in 2009 to those that are EAR -based and those that are "good for business" per a
1
Agenda Item No. 16A23
Agenda lied 1 28 0008
December; 2008
Page 2 of 8
i
written request (see attached letter dated June 12, 2008) initiated by the Development Services
Advisory Committee (DSAC).
Additionally, staff is currently engaged in the revision of the LDC sign code, which will be heard
a in early 2009, as a result of the legal settlement in the Bonita Media, LLC vs. Collier County
Code Enforcement Board. Given these facts, staff recognizes that it is imperative to have one
l regular 2009 amendment cycle in order to hear those EAR -based amendments to meet the
statutory requirements of Florida law and to consider the other amendments that were continued
by the BCC or have a similar status as noted in the title above. Furthermore, staff has also been
working diligently towards meeting the intent of the strategic plan in making the development
application review process and the LDC more user friendly. Specifically, in a continuation of
the update to the LDC, Collier County has retained the law firm of White & Smith, LLC to assist
j with this process. Following an initial reconnaissance phase, the County identified its
development review procedures as a priority for updating and consolidation. In particular, the
j County has directed that the law firm move forward with development of the Administrative
Code as a companion to the LDC. The establishment and implementation of an
a
Administrative Code has the following advantages:
3
1. Improved Readability — much of the LDC's substantive content is riddled with application
requirements and procedural matters that lengthen the text and are of little interest to a lay
j audience. Cleaning out these provision will provide greater focus for individual regulations,
and will reduce the sheer length and size of the Land Development Code.
2. Development Review Streamlining — an Administrative Code consolidates the procedural
1 aspect of the LDC in a single document. Applicants, design consultants, and administrative
staff can find procedural steps. Fees and forms in a single reference document.
3. Updating — When the County recodified and reorganized the 1991 LDC in 2004 (Ordinance
' No. 04 -41) some provisions were inadvertently omitted. The update will carry all of the
current and former procedures forward so that the County staff and applicants can easily
determine what a given process requires and future updates can be easily accomplished.
4. Document Design and Web -based enhancements — An Administrative code can offer a
more user - friendly layout, with white space on pages, embedded illustrations, and plain
English text.
I
5. Maintenance — changes to the LDC require legislative action by the County and a lag time
for incorporation into the Municode website. An Administrative Code allows the County to
avoid this long delay. The Department can maintain a separate Administrative Code, and
1 enter changes or amendments directly into the document's electronic code.
{
Staff is proposing the general timeline for the LDC cycle as follows. Specific dates for hearings
will be locked in at a later time once hearing room availability is confirmed and schedules with
the various board appointed advisory committees and the BCC are coordinated.
2
:3
a
Agenda Item No. 16A23
July 28, 2009
Agenda ttd'8Yo.1T6A818
December 2, 2008
Page 3 of 8
January, 2009 — March, 2009
Staff prepares amendments and coordinates drafts with outside interest groups where applicable.
March, 2009 - June 1, 2009
Staff analyzes draft amendments with staff work groups and continues coordination with outside
interest groups.
June 1, 2009
Last day to submit draft amendments to Zoning Department.
June 1, 2009 — July, 2009
Staff prepares documents for hearings and advertising.
July, 2009 — September, 2009
Environmental Advisory Committee (EAC) and Development Services Advisory Committee
(DSAC) hearings.
August, 2009 — November, 2009
DSAC hearings continued and Collier County Planning Commission (CCPC) hearings start.
November, 2009 — December 15, 2009
Planning Commission hearings continue and Board of County Commissioner hearings start.
December 15, 2009 — December 311, 2009
Final approved ordinance preparation and delivery to the Department of Community Affairs.
Typically by March 1, 2009 the Zoning staff will have a draft of many of the proposed
amendments for the 2009 cycle however the "official" 2009 cycle cut- off for submittal of a
written draft LDC amendment to Zoning staff will be June 1, 2009.
LEGAL CONSIDERATIONS:
This item is consistent with Chapters 106 and 250 of the Collier County Code of Laws and
Ordinances, the Land Development Code and Section 163.3161 et seq, Florida Statutes. The
approval of the amendment cycle and general timeline is not quasi - judicial and requires a
majority vote. - -HFAC
FISCAL IMPACT:
Any private amendments will be subject to the applicable fee of $3,000 per amendment and all
associated advertising costs estimated to be approximately 52,500. All costs will be paid by the
private applicants.
;j
a
3
Agenda Item No. 16A23
Jul 28, 18
2009
Agenda 1t
9 Deceber 212008
Page 4 of 8
GROWTH MANAGEMENT (IMPACT:
Staff, as part of the LDC review and vetting process will assess the proposed amendments to the
LDC for consistency with the Growth Management Plan during the review portion of the cycle
(approximately March 1, 2009 — June 1, 2009).
STAFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve a motion by at least a super -
majority vote authorizing a single Land Development Code amendment cycle for 2009 to be
limited to the following subject matter:
1. To remove administrative provisions from the LDC and establish a separate
Administrative Code; and
2. To consider the EAR -based Environmental amendments that were continued by the BCC
from the 2008 Cycle 1; and
3. To consider an amendment to the Nonconformities section of the LDC (continued from
the 2008 Cycle 1); and
4. To consider the proposed architectural design deviation process for Immokalee (if
submitted by the Immokalee CRA); and
5. To consider the amendments to the Wellfield protection regulations that were continued
from the 2008 cycle I unless they are otherwise addressed in some appropriate legal
ordinance; and
6. To consider any amendments to the Stewardship Receiving Area (SRA) if there are at the
time of the amendment submittal due date (June 1, 2009); and
7. To consider any amendments which correct errors or replace omitted text as determined
by the Zoning Department; and
8. To consider the amendments to the School Board review process in order to implement
the 2008 GMP amendments adopted by the BCC; and
9. To consider the shoreline calculation amendments pursuant to the Manatee Protection
Plan per the direction of the BCC; and
10. To consider any amendments which the Board deems in the best interest of business per
their discussion on June 24, 2008 (see attached minutes) that is given conceptual pre -
approval by the BCC before the commencement of the 2009 cycle (March 1, 2009).
Staff further recommends that Board of County Commissioners adopt, at this time, a time line
indicating the start and finish dates of the cycle (from March 1, 2009 to December 31, 2009)
with the understanding that staff will in early 2009, notify the Board of County Commissioners
of the specific hearing dates for the Environmental Advisory Committee, the DSAC, CCPC and
the BCC.
Prepared bv: Susan M. Istenes, AICP, Zoning Director
Agenda It Oq 15 23
Agenda Ite J v 2 18
Decembe ,�ff 18
Page 5 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number.
16A8
Item summary
To request that the Board of County Commissioners (BCC) approve a single Land
Environmental Services
Development Code (LDC) amendment cycle for the 2009 calendar year to consider a limited
Approved By
scope of amendments to the LDC as follows: to remove the administrative provisions from
Judy Puig
the LDC and establish a separate Administrative Code; to consider the Evaluation and
Community Development &
Appraisal Report (EAR) based Environmental amendments that were continued by the BCC
Environmental Services
from the 2008 Cycle 1; to consider amendments to the School Board review process as
11118!2008 1:11 PM
required by adoption of the 2008 GMP amendments; to consider an amendment to the
Nonconformities section of the LDC continued from the 2008 cycle 1; to consider the
OMB Coordinator
proposed architectural design deviation process for Immokalee as acknowledged by the
Data
BCC: to consider the amendments to the Wellfield protection regulations as directed by the
BCC; to consider amendments to specify how to calculate shorelines subject to conservation
easements or the like when calculating the number of boat slips per the Manatee Protection
Plan, as directed by the BCC; and to consider any amendments to the Stewardship
Receiving Area (SRA) if there are any at that time.
Meeting Date:
1212/2008 9:00.00 AM
Prepared By
Susan Istenes, AICP
Zoning & Land Development Director Date
Community Development &
Zoning & Land Development Review 1111712008 1:40:50 PM
Environmental Services
Approved By
Susan istenes, AICP
Zoning & Land Development Director Dam
Community Development 8.
Zoning &Land Development Review 1111712008 1:43 PM
Environmental Services
Approved By
Judy Puig
Operations Analyst Date
Community Development &
Community Development
11H712008 4:19 PM
Environmental Services
Environmental Services Admin.
Approved By
Community Development 8
Joseph K. Schmitt Date
Environmental Services Adminstrator
Community Development &
Community Development &
1111712008 7:38 PM
Environmental Services
Environmental Services Admin.
Approved By
Heidi F. Ashton
Assistant County Attomey
Date
County Attorney
County Attorney Office
11118!2008 1:11 PM
Approved By
OMB Coordinator
OMB Coordinator
Data
file: //C AAgendaTest\Export\ 117- December %202, %202008\ 16. %2000N SENT %2OAGEN ... 1112512008
Agenda Item No. 16A23
Jii1 822"
Agenda R&REN�3 A1&
December 2, 2008
Page 6 of 8
County Manager's Office Office of Management 8 Budget 1111812D08 2:07 PM
Approved By
John A. Yonkosky Director of the Office of Management Date
County Manager's Office Office of Management & Budget 11/18/2008 8:08 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Managers Office 5111912008 6:43 AM
file: / /C: \AgendaTest \Export\l 17- December %202, %202008\ 16. %20CUNSENT %20AGEN... 11/25/2008
Agenda Item No. 16A23
� {�•:._ Agenda It ����, 2T �6g
lt,108
Dece18
Y Page 7 of 8
i
i
s ,
Collier County
Development Services Advisory Committee
I
28O0 Horseshoe Drlve North Naples, FL 3410$
June 12, 2008
Collier County Hoard of County Commissioners
3301 E. Tamiami Trail
Naples, FL 34112
Re: Land Development Code Amendments
Dear Commissioners:
At the regular meeting of the Development Services Advisory Committee (DSAC) on May 7,
2008, the Committee discussed at length the pending revisions to the Land Development Code
(LDC) and the need, or lack thereof, for many of the proposed revisions.
The revisions to the LDC over the past few years have been numerous and have required
substantial staff time to write and re -write the various sections under consideration. During the
amendment process there is much conversation in formal publicly advertised meetings, debate,
revision and re- revision of the proposed amendments. Substantial time is spent by the Collier
County Planning Commission and by you, the Board of County Commissioners (BCC).
DSAC members have, over the years, commented about the method by which any proposed LDC
amendment is cleared (authorized) for writing and the subsequent consumption of staff time.
Community Development & Environmental Services (CDES) staff has reported to us on occasion
that the BCC has directed LDC revisions; however, it appears that many are brought forward by
staff for causes that have been debatable and without any vetting for prior approval. Again this
process consumes considerable time and expense for the many individuals involved. Most often
there is insufficient or no consideration as to the fiscal impacts of these amendments on affected
property or business owners and woefully insufficient consideration as to operational and fiscal
impacts to the County.
DSAC members are representatives of the PIanning, Engineering, Architecture, and Construction
industries, and therefore many comments are relayed to us in the conduct of our work on the
DSAC on behalf of the BCC. Over the past several years there have been many comments and
concerns expressed regarding the constant revisions to the LDC, and that many changes are not
necessary or contribute to making the design of projects in compliance with the LDC extremely
difficult. Additionally, the staff has or niay have difficulty remaining current with the constantly
changing code requirements. Project review times have increased due to non - compliance with
recent revisions of the LDC and staff review times have, in the past, been very long in duration.
Page 1 of 2
Agenda Item No. 16A23
July 28, 2009
'•Y Agenda R6@00 -fdAe
December 2, 2008
Page 8 of 8
Over the past many months the DSAC has heard from CDES Administrator ,toe Schmitt reports
of continuing declines in revenue related to permit applications. This decline has resulted in the
loss of CDES staff in order to maintain the budget. Clearly CDES could save significant
expenses if amendments were reduced to only those that are absolutely necessary.
As a direct response to the CDES budget considerations and in an effort to improve the efciency
of the LDC amendment process your DSAC respectfully suggests the following for your
consideration.
It was a unanimous recommendation by the DSAC Board who met on June 11, 2008 that;
I. The BCC direct CDES to reduce and eliminate amendments to the Collier County Land
Development Code (LDC) to the greatest extent possible as a cost reduction effort, and;
2. The BCC not accept proposed amendments to the LDC unless a specific item is mandated by
the State of Florida, or is written to eliminate requirements of the LDC, or is proposed by a
special entity or as a private amendment request (where the appropriate fee has been paid) as
allowed by law, and;
3. The BCC direct CDES to establish a vetting committee to review future proposed LDC
amendments for approval prior to expending staff time related to those amendments and;
4. The LDC be amended in only one (1) cycle per annum, and;
S. The amendment reduction effort would continue until the next LDC code re -write is
completed (which we understand is presentiy in progress), and that future efforts to reduce
code revisions be encouraged by the BCC.
A final item of discussion with the CDES staff was the length of time of review and the process
of review. This has been discussed many times the past several years. The DSAC, in an effort to
reduce costs for both public and private sectors, urges the BCC to support and encourage
administrative judgment by the CDES staff and thus reduce the time for project review and the
instances of unnecessary inaction or unwillingness to make decisions based on solid professional
judgment and common sense. We support and encourage the authority of staff to utilize their
professional knowledge and experience to make sound judgments, assuming adequate safeguards
are in place.
We thank you in advance for your consideration of the recommendations presented herein. We
additionally thank you for the opportunity to serve Collier County as members of the
Development Services Advisory Committee. It would be our pleasure to answer any questions
you may have related to our recommendations.
Sincerely,
William Varian, Chairman
Attachment: LDC Preview
Cc: James V. Mudd, County h9anager
Joseph K. Schmitt, Administrator, CDES
Susan Istenes, AICP, Director, Zoning & Land Development Review
Catherine Fabacher, AICP, LDC Manager, Zoning & Land Development Review
i'aae 2 of 2
A
U� �a
Agenda Item No. 16A23
July 28, 2009
Page 16 of 18
Collier County
Development Services Advisory Committee
2800 Horseshoe. Drive North Naples, FL 34104
June 12, 2008
Collier County Board of County Commissioners
3301 E. Tamiami 'Trail
Naples, FL 34112
Re: Land Development Code amendments
Dear Commissioners:
At the regular meeting of the Development Services Advisory Committee (DSAC) on May 7,
2008, the Committee discussed at length the pending revisions to the Land Development Code
(LDC) and the need. or lack thereof', for manv of the proposed revisions.
The revisions to the LDC over the past few years have been numerous and have required
substantial staff tinge to write and re -write the various sections under consideration. During the
amendment process there is much conversation in formal publicly advertised meetings, debate,
revision and re- revision of the proposed amendments. Substantial time is spent by the Collier
County Planning Commission and by you, the Board of County Commissioners (f3CC).
DSAC members have, over the years, commented about the method by which any proposed LDC
amendment is cleared (authorized) for- writing and the subsequent consumption of staff time.
Community Development & Environmental Services (CDES) staff has reported to us on occasion
that the BCC has directed LDC revisions: however, it appears that many are brought forward by
staff for causes that have been debatable and without any, vetting for prior approval. Again this
process consumes considerable time and expense for the many individuals involved. Most often
there is insufficient or no consideration as to the fiscal impacts of these amendments or) affected
property or business owners and woefully insufficient consideration as to operational and fiscal
impacts to the County.
DSAC members are representatives of the Planning, Engineering, Architecture, and Construction
industries, and therefore mane comments are relayed to us in the conduct of our work on the
DSAC on behalf of the BCC. Over the past several years there have been many comments and
concerns expressed regarding the constant revisions to the LDC. and that many changes are not
necessary or contribute to makinh the design of projects in compliance with the LDC extremely
difficult. Additionally, the staff has or may have difficulty remaining current with the constantly
changing code requirements. Project review times have increased due to non - compliance with
recent revisions of the LDC and staff review times have, in the past, been very long in duration.
Page 1 42
Agenda Item No. 16A23
July 28, 2009
Page 17 of 18
Over the past many months the DSAC has heard from CDES Administrator Joe Schmitt reports
of continuing declines in revenue related to permit applications. This decline has resulted in the
loss of CDES staff in order to maintain the budget. Clearly CDES could save significant:
expenses if amendments were reduced to only those that are absolutely necessary.
As a direct response to the CDES budget considerations and in an effort to improve the efficiency
of the LDC amendment process your DSAC respectfully suggests the following for your
consideration.
It was a unanimous recommendation by the DSAC Board who met on .tune 11, 2008 that;
I. The BCC direct CDES to reduce and eliminate amendments to the Collier County Land
Development Code (LDC) to the greatest extent possible as a cost reduction effort, and;
2. The BCC riot accept proposed amendments to the LDC unless a specific item is mandated by
the State of Florida, or is written to eliminate requirements of the LDC, or is proposed by a
special entity or as a private amendment request (where the appropriate fee has been paid) as
allowed by law, and;
1 The BCC direct CDES to establish a vetting committee to review future proposed LDC
amendments for approval prior to expending staff time related to those amendments and;
4. The LDC be amended in only one (1) cycle per annum, and;
>. 'The amendment reduction effort would continue until the next LDC code re -write is
completed (which we understand is presently in progress), and that future efforts to reduce
code revisions be encouraged by the BCC.
A final item of discussion with the CDES staff was the length of time of review and the process
of review. This has been discussed many times the past several years. The DSAC, in an effort to
reduce costs for both public and private sectors, urges the BCC to support and encourage
administrative judgment by the CDES staff and thus reduce the time for project review and the
instances of unnecessary inaction or unwillingness to make decisions based on solid professional
judgment and common sense. We support and encourage the authority of staff to utilize their
professional knowledge and experience to make sound judgments, assuming adequate safeguards
are in place.
We thank you in advance for your consideration of the recommendations presented herein. We
additionally thank you for the opportunity to serve Collier County as members of the
Development Services Advisory Committee. It would be our pleasure to answer any questions
you may have related to our recommendations.
Sincerely,
r
William Varian, Chairman
Attachment: LDC Preview
Cc: James V. Mudd, County Manager
Joseph K. Schmitt, Administrator, CUES
Susan Istenes, A1CP, Director, Zoning & Land Development Review
Catherine Fabacher, A1CP, LDC Manager, Zoning & Land Development Review
Page 2 of 2
Agenda Item No. 16A23
July 28, 2009
Page 18 of 18
Collier (:ountN'
De- velopment Services Advisory Committee
L8104i horsesh(ve Drive Norlb i` ipie, *, f-1 -, ?4`i =4
-,oril 1. 2009
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, Florida 34112
RE: Development Services Advisory Committee request regarding
redevelopment regulations
Honorable Commissioners.
At its meeting on March 4, 2009, the Development Services Advisory Committee (DSAC)
unanimously approved a motion to seek the Board of County Commissioners' assistance
regarding the regulations that govern redevelopment in Collier County. As architects, engineers,
land planners and contractors, many members of the DSAC have personally experienced
businesses and land owners walk away from otherwise viable redevelopment opportunities due
only to the harsh requirements of the Land Development Code (LDC).
Now that the County is embarking on this year's LDC amendment cycle, the DSAC
requests that the Board direct staff to investigate and consider appropriate LDC amendments that
will apply to redevelopment only. The purpose of these amendments should be to stimulate
redevelopment, thereby creating jobs and improving the economy.
Assuming the Board grants this request, the DSAC offers to assist staff in this endeavor.
Please understand that the DSAC is not suggesting a major overhaul of the LDC. Rather, it
believes that relatively minor amendments may be able to stimulate redevelopment without
compromising the integrity of the LDC or the beauty of Collier County.
To conclude, the DSAC requests that the Board direct staff to investigate and consider
appropriate LDC amendments that will stimulate redevelopment in Collier County. Thank you for
your attention.
Sincerely,
U111
William Varian, Chairman
Development Services Advisory Committee