Backup Documents 05/26/2009 Item #17G
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i) 17G4'
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To: Clerk to the Board: Please place the following as a:
xxx Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
**********************************************************************************************************
Originating Dept/ Div: County Attorney Person:
Jeffrey A. Klatzkow, County Attorney Date: May 12, 2009
Petition No. (If none, give brief description): None
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet)
Hearing before
BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) May 26, 2009 (NOTICE TO RUN NO
LATER THAN FRIDAY, May 15, 2009)
Newspaper(s) to be used: (Complete only if important):
xxx Naples Daily News
o Other
xxx Legally Required
Proposed Text: (Include legal description & common location & Size:
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 STAND-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 AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Companion petition( s), if any & proposed hearing date: NI A
titi n Fee include advertising cost? 0 Yes XXX No If Yes, what account should be charged for advertising costs:
001-100510-649100 - P.O. 4500099539
.<"~.
istrator or Designee
c,~/.,
Date
List A~c'1ents:
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:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
D Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for f1le.
***********************************************************************************************************
FOR CLERK'S OFFICE USE 9-IYf:1 /ltA ~ ., L/.~ ~..L-I-",
Date Received: ~ Date of Public hearing: ~ Date Advertised: ~
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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 AND
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 Affordable Housing Advisory Committee, the
Tourist Development Council, the Development Services Advisory Committee, the Animal
Services Advisory Board, as well as others, and also contains Standards for the Creation and
Review of County Boards; and
WHEREAS, there are a limited number 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 making 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.
Page] of7
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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 (LPA), 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
Page 2 of7
1 7 G :1
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 set forth in this LDC.
3. The appointment of all members to the Planning Commission shall be by
resolution of the BCC. 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 BCC 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 BCC 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
appointed by the BCC. All reappointments to the Planning Commission shall be made so as to
achieve 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 Commission District No.2.
Page 3 of7
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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 ternl 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 BCC.
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,
Page 4 of7
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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 LDe.
(5) Compensation
The members of the Planning Commission shall serve without compensation, but may be
reimbursed for such travel, mileage, and/or per diem expenses as may be authorized by the BCe.
(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 I 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 otherwise specified by the Planning Commission or the BCe.
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 County 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 community
Page 5 of7
17G
1
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.
Page 6 of7
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of ,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
DONNA FIALA, CHAIRMAN
, Deputy Clerk
Page 7 of7
ORDINANCE NO. 2009-
17G ~(g~W
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eft-o
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 AND
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 Affordable Housing Advisory Committee, the
Tourist Development Council, the Development Services Advisory Committee, the Animal
Services Advisory Board, as well as others, and also contains Standards for the Creation and
Review of County Boards; and
WHEREAS, there are a limited number 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 making 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.
Page 1 of7
17G
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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 ~ 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;
I. 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
Page 2 of7
17G
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 set fDrth in this LDC.
3. The appointment of all members to the Planning Commission shall be by
resolution of the BCC. 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 BCC 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 BCC 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
appointed by the BCC. All reappointments to the Planning Commission shall be made so as to
achieve 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 Commission District No.2.
Page 3 of7
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1
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 BCC.
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,
Page 4 of7
17G
.,
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 Planning 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 otherwise specified by the Planning Commission or the BCC.
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 County 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
Page 5 of7
17G
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.
Page 6 of7
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County, Florida, this 2.(,A-k day of 't-\<:::l...>....4.
- r
,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
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Acct #068784
May 12, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Planning Commission Ordinance
Dear Legals:
Please advertise the above referenced notice on Friday, May 15, 2009, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500099539
176
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 26, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the 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, 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 STAND-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 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 5 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
materials 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 that 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
17G
the Collier County Facilities Management Department, located at 3301
Tamiami Trail East, 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
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /Teresa Polaski, Deputy Clerk
( SEAL)
Teresa L. Polaski
17G
To:
Subject:
legals@naplesnews.com
Planning Commission Ordinance
Attachments:
Relocating CCPC 5-26-09.doc; Relocating CCPC Ordinance.doc
Legals,
Please advertise the following on Friday, May 15, 2009. Thanks
Relocating CCPC Relocating CCPC
5-26-09.doc (2... Ordinance.doc ...
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T ereso.Po loski@collierclerk.com)
1
17G
Teresa L. Polaski
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Tuesday, May 12, 20094:53 PM
Teresa L. Polaski
Delivery Status Notification (Relay)
Attachments:
A TT170881.txt; Planning Commission Ordinance
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A TT170881.txt
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Planning
>mmission Ordinan(
This is an automatically generated Delivery Status Notification.
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legals@naplesnews.com
1
17 G 1
Teresa L. Polaski
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Thursday, May 14, 2009 11: 11 AM
Teresa L. Polaski
Ad Confirmation
Attachments:
UAS2AD.jpg
UAS2AD.jpg (84
KB)
OTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 26, 2009, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301 East Tamiami Trail,
Naples, Florida, the 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, 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 STAND-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 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 5 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 materials 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 that 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
3301 Tamiami Trail East, 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
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: ITeresa Polaski, Deputy Clerk
(SEAL)
May 15 No1798941
1
Thank you for
Date
Publication
Ad Number
Total Ad Cost
placing your ad.
05/14/09
NDN
1798941
$421.34
17G
2
NOTICE OF INTENT TO CONSIDER ORDINANCE
NotIce is hereby gIven tllat on TlIesda~. May 26.
2009, in the Boardroom. 3rd Floor, Admmistratkm
BUilding. Collier County Government Center. 3301
East Tamiaml Trail. Naples. Florida. the Board of
County Commissioners wtll considerthe enactment
of a County Ordinance.. The meeting will com-
mence at 9:00 A.M. The title of the propos,ed Ordi-
nance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COM.
MISSIONERS OF COLLIER COUNTY. FLORIDA. RELO-
CATING 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
STAND-ALONE ORDINANCE WHILE CONCURREI'JTL Y
REPEALING SECTION 8.03.00 OF THE COLLIER COUN-
TY lAND DEVELOPMENT CODE; PROVIDING FOR
CONFLICT AND SEVERABiliTY; PROVIDING FOR IN-
CLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on fHe with
the Clerk to the Board and are available for inspec-
tion. All interested parties an=!, 'Invited to attend
and be heard.
NOTE: All persons wishing to speak on any agenda
item must register with theCountyadrninlstrator
prior to presentation Of the agenda iternto be ad-
dressed. Indivldualspeakers will be limited to 5
minutes on any item. The selection of an individual
to speak on behalf ()f an organ izatlon or group is
encouraged. If recognized by the Chairman. a
spol<esperson for a group or organization may be
allotted to minutes to speak on an item.
Persons wish'rn~ to have written or graphic ma-
terials included In the Board agenda packets must
submit said material a minimum of 3 weeks prior to
the re~pec~ive pUblic h.earing, ,In any case. written
matenals Intended to be considered by the Board
shall be submitted to the ap~rop(late County staff
a minImum of seven days prior to the public hear-
ing. All rnaterialused inpresentation.s beforethe
Board will become a pemlanent part of the record.
Any person who dc<;ides to appeal a decision of
the BO,ar,d W ill need a r'ecord of the proceedings
pertaining thereto and therefore. may need to eri-
sure that a verbatim record of the proceedings is
made. which record Includes the testimony and
evidence upon which the appeal is based.
If YOLl are a person withadlsabUity who needs any
accommodation in order to parflclpate inthis pro-
c~edil"lgi you are entitled. at no cost to you. to the
provision of cel1ain assistance. Please cQntact the
Collier County Facilities M.. C:\l1aijem.. ent Depa,.rt. m. ent.
located at 3301 Tamiami TraIl Ea.st, Building W,
Naples. Florida 34112. (239) 252-8380. Assisted lis-
tening devices for the hearing impaired are avail-
able In the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA. CHAIRMAN
DWIGHT E.BROCK. CLERK
By: fferesa Polaski, DepUty Clerk
(SEAL)
May 15
N01l98941
17G
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Naples Daily News
Naples, FL 34102
17~
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Affidavit of Publicatlon
Naples Daily News
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - -
Sl9~::ure. ~fAf:~a~:u. u .l1~. fn.;Z{)r~+u........... .. .... u... u
Sworn to and Subscribed before me this L~__ day of {Yr,-,-\
(~\\("tU ~ (~.
BCC/CDES BUDGET OFFICE
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068784
59576782
P.O. #4500099539
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, 1n said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, 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 1 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.
PUBLISHED ON: 05/15 05/15
AD SPACE:
FILED ON:
148 LINE
05/15/09
Personally known by me
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176
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attaeh to original document. Original document.~ should be hand delivered to the Board Office. The completed TOuting slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 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 routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routinl!: order)
1.
2.
3.
4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 5-26-09
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. 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, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the BeC office only after the BCC has acted to approve the
item.
Name of Primary Staff Jeffrey A. Klatzkow, County Attorney
Contact
Agenda Date Item was 5-26-09
A roved b the BCC
Type of Document Ordinance (8.03.00)
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
252-8400
17-G
One
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark UN/A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the JAK
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip JAK
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 5-26-09 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a Iicable.
I: Forms! County Forms/ Bee Forms/ Original Documents Routing Shp WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
04-COA-01190/J 185
176
ORDINANCE NO. 2009- 29
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 AND
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 Affordable Housing Advisory Committee, the
Tourist Development Council, the Development Services Advisory Committee, the Animal
Services Advisory Board, as well as others, and also contains Standards for the Creation and
Review of County Boards; and
WHEREAS, there are a limited number 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 making 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.
Page 1 of7
176
,.
1
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 9163.3174 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;
I. 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
Page 2 of7
17 G :...'t.l
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 set forth in this LDC.
3. The appointment of all members to the Planning Commission shall be by
resolution of the BCC. 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 BCC 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 BCC 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
appointed by the BCC. All reappointments to the Planning Commission shall be made so as to
achieve 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 Commission District No.2.
Page 3 of7
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'''I
.
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 ofthe 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 BCC.
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,
Page 4 of7
17 G !'1
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 the)' were amendments to this LDC.
(5) Compensation
The members of the Planning 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 otherwise specified by the Planning Commission or the BCC.
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 County 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
Page 5 of7
17G '1
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) ofthe 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.
Page 60f7
17G
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this U.~day of 't-\~ ,2009.
- 'r
ATTEST:
DW,IqHT' ~?B'J~.oCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER c;?UNTY, FLOR~A
By: /jJ~ .;T~
DONNA FIALA, CHAIRMAN
Page 7 of7
17G
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-29
Which was adopted by the Board of County Commissioners
on the 26th day of May, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of May, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Boa~d of
County Commissioners' ,
"';
,'1'~
By:
Martha Ve:r:?ara,
Deputy Clerk! ,