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Backup Documents 05/26/2009 Item #17H COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS l~ To: Clerk to the Board: Please place the following as a: XXX Nonnallegal Advertisement (Display Adv., location, etc.) o Other: ********************************************************************************************************** Originating Dept/ Div: County Attorney Person: Petition No. (If none, give brief description): None Jeffrey A. Klatzkow, County Attorney Date: May 12, 2009 Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more 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 BOARD OF ZONING APPEALS 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 8.04.00 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), ifany & proposed hearing date: N/A Does Petition Fee include advertising cost? 0 Yes XXX No If Yes, what account should be charged for advertising costs: 001-100510-649100 - P.O. 4500099539 (I IV' Date 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 o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: 'OPV ." 17H ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE BOARD OF ZONING APPEALS 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 8.04.00 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 Historicl 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 10f5 17H NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.04.00 (Board of Zoning Appeals) 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 Board of Zoning Appeals "BZA", which shall have the following powers and duties: A. To hear, review, and approve, approve with conditions, or deny zomng vanances, conditional uses, nonconforming use amendments, flood variances, and off-street parking and shared parking agreements in accordance with the terms of these regulations; B. To hear, review, and approve, approve with conditions, or deny appeals from interpretations made by the County Manager or designee pertaining to the Collier County GMP, the future land use map, the LDC, or the official zoning atlas by the County Manager or designee; C. To make its special knowledge and expertise available upon written request and authorization of the BCC to any official, department, board, or commission of the County. D. To recommend to the BCC additional or amended rules of procedure not inconsistent with the LDC to govern the BZA's proceedings; and E. To perform those functions, powers and duties of the BZA 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. (2) Membership A. Qualifications. Members of the BZA shall be qualified electors in Collier County and residents of the County for 2 years prior to appointment. 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 BZA. Page 2 0[5 17H B. Appointment. The BCC may appoint a Board or Boards of Zoning Appeals for its planning area or areas, or may act as such Board or Boards of Zoning Appeals itself. Boards of Zoning Appeals shall have not less than 5 nor more than ten (10) members. Not more than 2 members of a BZA may be members of the Planning Commission, e. Terms. Terms of office of members of the BZA shall be for not less than 2 nor more than 4 years, and not more than a minority of such members' terms shall expire in any I year. D. Removal. Any member of a BZA may be removed from office for just cause by four- fifths vote of the full membership of the BCC, but such member shall be entitled to a public hearing ifhe so requests in writing within 30 days of the date upon which the vote is taken. E. Vacancy. Wherever a vacancy occurs on a BZA which reduces the membership of the BZA below 5 members, the BCe shall fill such vacancy for the remainder of the term, within 30 days after the vacancy occurs. No meetings of a BZA shall be held when the membership is less than 5 members. F. Officers. Boards of Zoning Appeals shall elect a chairman and vice-chairman from among the members, and may create and fill such other offices as are determined to be necessary. Terms of all offices shall be for 1 year, with eligibility for reelection. (3) Quorum and Voting No meeting of the BZA shall be called to order, nor may any business be transacted by the BZA, without a quorum consisting of at least 3 members of the BZA being present. All actions shall require a simple majority of the members of the BZA then present and voting, except for conditional uses, which require 4 affirmative votes. (4) Rules of Procedure A. Boards of Zoning Appeals shall adopt rules for the transaction of business, and shall keep a record of resolutions, transactions, findings, and determinations. Boards of Zoning Appeals may provide for transcription of such hearings and proceedings, or portion of hearings and proceedings, as may be deemed necessary. All such records shall be public records. B. Boards of Zoning Appeals may, subject to the approval of the BCe and within the financial limitations set by appropriations made or other funds available, employ such experts, technicians, and staff as may be deemed proper, pay their salaries, and make such other expenditures as are necessary to conduct the work of the BZA and effectuate its purposes. Page 3 of5 b 1i:.'lJRllI'.nlll!.....__..._ 17H C. The Bee is hereby authorized and empowered to make such appropriations as it may see fit for the conduct of the work ofthe BZA. The BeC is authorized and empowered to establish a schedule of fees, charges, and expenses, and a collection procedure therefor. D. The BZA 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 Members of the BZA may receive such travel and other expenses while on official business for the BZA as are made available by the Bee for these purposes. (6) Meetings A. Meetings of the BZA shall be held as needed to dispose of matters properly before the BZA and may be called by the chairman or in writing by 3 members of the BZA. B. The location of meetings shall be in County offices in Naples, Florida. If a matter is postponed due to lack of a quorum, the chairman shall continue the meeting as a special meeting to be held within 7 days thereafter. In case of delays caused by other reasons, the hearing shall be rescheduled to the next BZA meeting. The secretary shall notify all members of the date of the continued hearing and also shall notify all parties. C. All meetings and hearings of the BZA shall be open to the public. SECTION TWO: Repeal of Ordinance. Concurrent with the effective date of this ordinance, Section 8.04.00 (Board of Zoning Appeals) 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. Page 4 of 5 17H .; 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. 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: , Deputy Clerk By: DONNA FIALA, CHAIRMAN .J Page 50[5 ORDINANCE NO. 2009- ~(Q)~~ frbvv1 eM AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE BOARD OF ZONING APPEALS 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 8.04.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LA WS 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 of5 17H.1 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.04.00 (Board of Zoning Appeals) 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 Board of Zoning Appeals "BZA", which shall have the following powers and duties: A. To hear, review, and approve, approve with conditions, or deny zOlllng vanances, conditional uses, nonconforming use amendments, flood variances, and off-street parking and shared parking agreements in accordance with the terms of these regulations; B. To hear, review, and approve, approve with conditions, or deny appeals from interpretations made by the County Manager or designee pertaining to the Collier County GMP, the future land use map, the LDC, or the official zoning atlas by the County Manager or designee; C. To make its special knowledge and expertise available upon written request and authorization of the BCC to any official, department, board, or commission of the County. D. To recommend to the BCC additional or amended rules of procedure not inconsistent '.vith the LDC to govern the BZA's proceedings; and E. To perform those functions, powers and duties of the BZA 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. (2) Membership A. Qualifications. Members of the BZA shall be qualified electors in Collier County and residents of the County for 2 years prior to appointment. 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 BZA. Page 2 of 5 17H ''':f B. Appointment. The BCC may appoint a Board or Boards of Zoning Appeals for its planning area or areas, or may act as such Board or Boards of Zoning Appeals itself. Boards of Zoning Appeals shall have not less than 5 nor more than ten (10) members. Not more than 2 members of a BZA may be members of the Planning Commission. C. Terms. Terms of office of members of the BZA shall be for not less than 2 nor more than 4 years, and not more than a minority of such members' terms shall expire in any 1 year. D. Removal. Any member of a BZA may be removed from office for just cause by four- fifths vote of the full membership of the BCC, but such member shall be entitled to a public hearing if he so requests in writing within 30 days of the date upon which the vote is taken. E. Vacancy. Wherever a vacancy occurs on a BZA which reduces the membership of the BZA below 5 members, the BCC shall fill such vacancy for the remainder of the term, within 30 days after the vacancy occurs. No meetings of a BZA shall be held when the membership is less than 5 members. F. Officers. Boards of Zoning Appeals shall elect a chairman and vice-chairman from among the members, and may create and fill such other offices as are determined to be necessary. Terms of all offices shall be for 1 year, with eligibility for reelection. (3) Quorum and Voting No meeting of the BZA shall be called to order, nor may any business be transacted by the BZA, without a quorum consisting of at least 3 members of the BZA being present. All actions shall require a simple majority of the members of the BZA then present and voting, except for conditional uses, which require 4 affirmative votes. (4) Rules of Procedure A. Boards of Zoning Appeals shall adopt rules for the transaction of business, and shall keep a record of resolutions, transactions, findings, and determinations. Boards of Zoning Appeals may provide for transcription of such hearings and proceedings, or portion of hearings and proceedings, as may be deemed necessary. All such records shall be public records. B. Boards of Zoning Appeals may, subject to the approval of the BCC and within the financial limitations set by appropriations made or other funds available, employ such experts, technicians, and staff as may be deemed proper, pay their salaries, and make such other expenditures as are necessary to conduct the work of the BZA and effectuate its purposes. Page 3 of5 17H -\ .! C. The BCC is hereby authorized and empowered to make such appropriations as it may see fit for the conduct of the work of the BZA. The BCC is authorized and empowered to establish a schedule of fees, charges, and expenses, and a collection procedure therefor. D. The BZA 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 '.,<,ere amendments to this LDC. (5) Compensation Members of the BZA may receIve such travel and other expenses while on official business for the BZA as are made available by the BCC for these purposes. (6) Meetings A. Meetings of the BZA shall be held as needed to dispose of matters properly before the BZA and may be called by the chairman or in writing by 3 members of the BZA. B. The location of meetings shall be in County offices in Naples, Florida. If a matter is postponed due to lack of a quorum, the chairman shall continue the meeting as a special meeting to be held within 7 days thereafter. In case of delays caused by other reasons, the hearing shall be rescheduled to the next BZA meeting. The secretary shall notify all members of the date of the continued hearing and also shall notify all parties. C. All meetings and hearings ofthe BZA shall be open to the public. SECTION TWO: Repeal of Ordinance. Concurrent with the effective date of this ordinance, Section 8.04.00 (Board of Zoning Appeals) 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. Page 4 of5 17H 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 2t...Rday of 't-'\O--<...\ , 2009. \ ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, CHAIRMAN By: to form ncy: Page 5 of 5 17 H""9 Acct #068784 May 12, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Board of Zoning Appeals Ord. from LDC to Code of Laws & Ord. 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, Trish Morgan, Deputy Clerk P.O. #4500099539 17H ..~ 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 BOARD OF ZONING APPEALS 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 8.04.00 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 17H 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: sjTrish Morgan, Deputy Clerk ( SEAL) 17H Teresa L. Polaski To: Subject: legals@naplesnews.com Board of Appeals Ordinance Attachments: Relocating Zoning appeals 5-26-09.doc Legals, Please advertise the following on Friday, May 15, 2009. Thanks Relocating Zoning appeals 5-26,.. 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 eresa.Po laski@collierclerk.com) 1 17H Teresa L. Polaski From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, May 12, 2009 4:47PM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT170741.txt; Board of Appeals Ordinance [J- ~..,; ,-- ATT170741.txt Board of Appeals (231 B) Ordinance This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 17Hi Teresa L. Polaski To: Subject: legals@naplesnews.com Board of Zoning Appeals (revised-notice attached) Attachments: Relocating Zoning appeals 5-26-09.doc; Relocating Board of Zoning Appeals Ordinance.doc Legals, Please advertise the following on Friday, May 15, 2009. Thanks Relocating Zoning appeals 5-26... Relocating Board of Zoning App... 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 eresa.Po las ki@collierelerk.eom) 1 1 7 H .~ "' Teresa L. Polaski From: Sent: To: Subject: postm aster@collierclerk.com Tuesday, May 12, 20094:52 PM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT170848.txt; Board of Zoning Appeals (revised-notice attached) [=J,,, . ::''':':.'C.' '.'M. ATT170848,txt (231 B) Board of Zoning Appeals (revis... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Board of Appeals Ordinance Page 1 of 1 171-1 Teresa L. Polaski From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Wednesday, May 13, 2009 1 :28 PM To: Teresa L. Polaski Subject: RE: Board of Appeals Ordinance ok From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Tuesday, May 12, 20094:47 PM Posted To: Legals - NDN Conversation: Board of Appeals Ordinance Subject: Board of Appeals Ordinance Legals, Please advertise the following on Friday, May 15, 2009, Thanks <<Relocating Zoning appeals 5-26-09.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 eresa.Po laski@collierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity, Instead, contact this office by telephone or in writing 5/13/2009 Board of Zoning Appeals (revised-notice attached) Page 1 of 1 17H Teresa L. Polaski From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Wednesday, May 13, 2009 1 :28 PM To: Teresa L. Polaski Subject: RE: Board of Zoning Appeals (revised-notice attached) ok From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Tuesday, May 12, 20094:52 PM Posted To: Legals - NDN Conversation: Board of Zoning Appeals (revised-notice attached) Subject: Board of Zoning Appeals (revised-notice attached) Legals, Please advertise the following on Friday, May 15, 2009. Thanks <<Relocating Zoning appeals 5-26-09.doc>> <<Relocating Board of Zoning Appeals 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 eresa.Polaski@collierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity, Instead, contact this office by telephone or in writing. 5/1312009 17H Teresa L. Polaski From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Thursday, May 14, 2009 11 :32 AM Teresa L. Polaski Ad Confirmation Attachments: UAS3D9.jpg UAS3D9.jpg (84 KB) OTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May Administration Building, Collier County Government Naples, Florida, the Board of County Commissioners Ordinance. The meeting will commence at 9:00 A.M. as follows: 26, 2009, in the Boardroom, 3rd Floor, Center, 3301 East Tamiami Trail, will consider the enactment of a County The title of the proposed Ordinance is AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE BOARD OF ZONING APPEALS 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 8.04.00 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: s/Trish Morgan, Deputy Clerk (SEAL) May 15 No1798965 1 Thank you for Date Publication Account Number Ad Number Total Ad Cost placing your ad. 05/14/09 NDN 744107 1798965 $421.34 17H 2 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is here, by 9.1V. entl1a,t on,. TueSda~,' M.aY.26. 2009. In the Boardroom. 3rd Floor. Admmistration B,ullding. CoHler County Governrnent, Center, 3301 East Tamiaml Trail, Naples. Florida. the Board of County Comltlissioners will consider the enactment of a County Ordinance. The meeting will com- mence at 9:00 A.M. The title of the proposed Ordi. nance is as follows: 17H AN ORDINANCE OF THE BOARD OF COUNTY COM- MISSIONERS OF COLLIER COUNTY. FLORIDA. RELO- CATING THE BOARD OF ZONING APPEALS ORDl. NANCE FROM THE LAND DEVELOPMENT CODE INTO THE COLLIER COUNTY CODE OF LAWS AND ORDI- NANCES BY READOPTING SAID CODE IN ITS ENTIRE- TY AS A STAND-ALONE ORDINANCE WHILE CONCUR- RENTLY REPEALING SECTION 8.04.00 OF THE COL- LI ER COUNTY LAND DEVELOPMENT CODE: PROVID- ING FOr~ CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS ,AND ORDI- NANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on flle with the Clerk to the Board and are available for inspec- t'lon. All interested parties ar'e 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 ad- dressed. Indivldual speakers will be limited to 5 minutes on any item. The seledion of an individual t.o spe,ak on behalf of an organization or group is encouraged. If recognized b~ the Chairman. a spokesperson for a group or organlzat, ion may be allotted to minutes tCl speak on an item. Persons wish'mp to have written or graphic ma- terials included In the Board agenda packets mllst 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 511all be submitted to the appropriate Cou[lty staff a minlrnurn of seven days prior to the public hear- ing. All material used in presentations before the Board will become a pemlanent part of the record. Any person who cleGides to a..ppeal a decision of the Board w ill need a I'ecord of th~ proceedings pertaining thereto and therefore. may need to en- sure that a verbatim record oftl1e proceedings is made, which record InclUdes the testimony and evidence upon which the appeal is b<1..Sed. If YOll are a person withadlsabUity who needs any accommodation in order to particIpate inthis pro- ceeding~ you are entitled. at no cost to you, to the provision of certain ass'lstance. Please contact the Collier County facilities Management De Rartment , located at 330J Tamiam'l Trail East, BUilding W. Naples. Florida 34112. (239) 252-8380. Assisted lis- telling devices for the hearing impaired are avail- able in the county Cornmlssloners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA. CHAIRMAN DWIGHT E. BROCK. CLERK By: s/Trish Morgan, Deputy Clerk (SEAL) May 15 N 01198965 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News - - - - - - - - - - + - - - - BCC/CDES BUDGET OFFICE S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068784 59576799 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, in 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 - -- - - - - - - - - - - - - - - - + - - - - ~1th1 m ~D<fI- before me this J c~ day o f .~.J ') \ '-'. L.!---1L"-J I f-"" ,. .rW "J;. '- ~_., '\ \ ,-. ".~ 't.i:~ . MCDONALU I.::A''':~~\ Commission DO 650475 "~:'c&":;Jj Expires June 29, 2011 ....!t,f:Rl~~~'$~~ Bcnded Tpru Troy F,'JI'1I!'1(:l.m~Tl\'8 80Q.3B5.7C 1~.t Signature of Affiant Sworn to and Subscribed Personally known by me C\'\CL .~~ ~ 17H ~ .NOTICE OF INTENT TO CONSIDiR ORDINANCE Notice. .Is. hereby. alven that on TUesday, ~ay 26, 2009. Iii' the lIOlararoom. Jtd Floor. Adln nlstration. BulldlflV, ClIlllief COunty Govtnunent Center. 3301 Ea$t Tamlaml Trail. Naplts. FloriQa, the lIIlard of COUnty I.'M'.' . WIll i:bIlsId... llqhte~. . . t of' a . '. ..'Ole, .n:tHtlnliIwlR com- rnenc. ....1.. ~ ftle of tilt . pl'QPo$t!CI~- '.: nance Is. as IIOWs:' AN OIlOlNANCE OF THaIllO OF COUNlY CO~- MISSIONERS Of COLLIER 'C . FLORIDA, RELO- CAnl<tQ THE fW . Of' APPEALS. .OROI- NANC:iF~ '. ~T ctIQE IN1'O THEc:oLLIIR C WS AND ORDI-I NANCU FIN .I.f ITS ENTIRE' ; lY 1\$ A WHILE.! IiI,CUR- . RlNJU', . OF COl.- LIEll CODE: OVlo- INO FOR COIIIFLICT AN UlY' PROVIDING FOR INCUJ.ION IN THE eo Yn ANDORDI- NANCES; AND PROVIDING FOR AN EFFECtIVE DAte. Co pies of tile prCPPOse~d lnanee are on flle with the Clerk to thtJ 8OIU'd. an . are available for Inspec- tion. All Interested es are Invited to attend lIIld be hell'd. Nn17QAQRI;. 20 CY1 17 H ~. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be tOlwarded 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 BCC 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 BCC office only after the BCC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Jeffrey A. Klatzkow, County Attorney Phone Number 5-26-09 Agenda Item Number Ordinance (8.04.00) /3D Number of Original Documents Attached 252-8400 17-H One INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/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 Chainnan'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 Chainnan's JAK si ture 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! BCC Forms/ Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2,24,05 04-COA-O 1190/1185 17 H ".1 ORDINANCE NO. 2009-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE BOARD OF ZONING APPEALS 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 8.04.00 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 of5 17 H11 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.04.00 (Board of Zoning Appeals) 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 Board of Zoning Appeals "BZA", which shall have the following powers and duties: A. To hear, review, and approve, approve with conditions, or deny zonmg vanances, conditional uses, nonconforming use amendments, flood variances, and off-street parking and shared parking agreements in accordance with the terms of these regulations; B. To hear, review, and approve, approve with conditions, or deny appeals from interpretations made by the County Manager or designee pertaining to the Collier County GMP, the future land use map, the LDC, or the official zoning atlas by the County Manager or designee; C. To make its special knowledge and expertise available upon written request and authorization of the BCC to any official, department, board, or commission of the County. D. To recommend to the BCC additional or amended rules of procedure not inconsistent '.'lith the LDC to govern the BZA's proceedings; and E. To perform those functions, powers and duties of the BZA 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. (2) Membership A. Qualifications. Members of the BZA shall be qualified electors in Collier County and residents of the County for 2 years prior to appointment. 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 BZA. Page 2 of5 17 H [41 B. Appointment. The BCC may appoint a Board or Boards of Zoning Appeals for its planning area or areas, or may act as such Board or Boards of Zoning Appeals itself. Boards of Zoning Appeals shall have not less than 5 nor more than ten (10) members. Not more than 2 members of a BZA may be members of the Planning Commission. C. Terms. Terms of office of members of the BZA shall be for not less than 2 nor more than 4 years, and not more than a minority of such members' terms shall expire in any 1 year. D. Removal. Any member of a BZA may be removed from office for just cause by four- fifths vote of the full membership of the BCC, but such member shall be entitled to a public hearing if he so requests in writing within 30 days of the date upon which the vote is taken. E. Vacancy. Wherever a vacancy occurs on a BZA which reduces the membership of the BZA below 5 members, the BCC shall fill such vacancy for the remainder of the term, within 30 days after the vacancy occurs. No meetings of a BZA shall be held when the membership is less than 5 members, F. Officers. Boards of Zoning Appeals shall elect a chairman and vice-chairman from among the members, and may create and fill such other offices as are determined to be necessary. Terms of all offices shall be for 1 year, with eligibility for reelection. (3) Quorum and Voting No meeting of the BZA shall be called to order, nor may any business be transacted by the BZA, without a quorum consisting of at least 3 members of the BZA being present. All actions shall require a simple majority of the members of the BZA then present and voting, except for conditional uses, which require 4 affirmative votes. (4) Rules of Procedure A. Boards of Zoning Appeals shall adopt rules for the transaction of business, and shall keep a record of resolutions, transactions, findings, and determinations. Boards of Zoning Appeals may provide for transcription of such hearings and proceedings, or portion of hearings and proceedings, as may be deemed necessary, All such records shall be public records. B, Boards of Zoning Appeals may, subject to the approval of the BCC and within the financial limitations set by appropriations made or other funds available, employ such experts, technicians, and staff as may be deemed proper, pay their salaries, and make such other expenditures as are necessary to conduct the work of the BZA and effectuate its purposes. Page 3 of5 17H C. The BCC is hereby authorized and empowered to make such appropriations as it may see fit for the conduct of the work of the BZA. The BCC is authorized and empowered to establish a schedule of fees, charges, and expenses, and a collection procedure therefor. D. The BZA 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 oonsidered as if they viers amendments to this LDC. (5) Compensation Members of the BZA may receive such travel and other expenses while on official business for the BZA as are made available by the BCC for these purposes. (6) Meetings A. Meetings of the BZA shall be held as needed to dispose of matters properly before the BZA and may be called by the chairman or in writing by 3 members of the BZA. B. The location of meetings shall be in County offices in Naples, Florida. If a matter is postponed due to lack of a quorum, the chairman shall continue the meeting as a special meeting to be held within 7 days thereafter. In case of delays caused by other reasons, the hearing shall be rescheduled to the next BZA meeting. The secretary shall notify all members of the date of the continued hearing and also shall notify all parties. C. All meetings and hearings ofthe BZA shall be open to the public. SECTION TWO: Repeal of Ordinance. Concurrent with the effective date of this ordinance, Section 8.04.00 (Board of Zoning Appeals) 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. Page 4 of5 17H 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this2i.Rday of 't-'\o....y, , 2009. \ By: ,,:, Dep y C erk At~...-to.Oit... . ,t~&WI,i'" BOARD OF COUNTY COMMISSIONERS COLLIER CC),UNTY, FLORIDA 11/ / By: ~~ .,;r~_ DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E.BRO'c~" CLERK J Page 5 of 5 17" , " F"~ .~ .~ 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 2009-30 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 Cl~rk Ex-officio to BQa~~6f . County Commis$i9Pers ~lJ0\~- By: Martha Verga~ Deputy Clerk