Agenda 12/02/2008 Item #16A 8
Agenda Item No. 16A8
December 2, 2008
Page 1 of 8
EXECUTIVE SUMMARY
To request that the Board of County Commissioners (BCC) approve a single Land
Development Code (LDC) amendment cycle for the 2009 calendar year to consider a
limited scope of amendments to the LDC as follows: to remove the administrative
provisions from the LDC and estahlish a separate Administrative Code; to consider the
Evaluation and Appraisal Report (EAR) based Environmental amendments that were
continued by the BCC from the 2008 Cycle 1; to consider amendments to the School Board
review process as required by adoption of the 2008 GMP amendments; to consider an
amendment to the Nonconformities section of the LDC continued from the 2008 cycle 1; to
consider the proposed architectural design deviation process for Immokalee as
acknowledged by the BCC; to consider the amendments to the Wellfield protection
regulations as directed by the BCC; to consider amendments to specify how to calculate
shorelines subject to conservation easements or the like when calculating the number of
boat slips per the Manatee Protection Plan, as directed by the BCC; and to consider any
amendments to the Stewardship Receiving Area (SRA) if there are any at that time.
OBJECTIVE:
To request that the Board of County Commissioners (BCC) approve a single Land Development
Code (LDC) amendment cycle for the 2009 calendar year 10 begin on March 1,2009 and ending
on December 31, 2009, as amended, for a total of one (1) LDC amendment cycle of a pre-
defined scope in 2009.
CONSIDERATIONS:
The purpose of this request is to set forth the nwnber of cycles, the time frame and the content
for the proposed 2009 LDC amendment cycle, Amendments to the Collier County Land
Development Code may be made not more than two times during any calendar year as scheduled
by the County Manager, except amendments to this Code may be made more often than twice
during the calendar year if the Collier County Board of County Commissioners, by at least a
super-majority vote, directs that additional amendments be made for specific purposes.
The 2008 LDC cycle recently ended on October 30,2008, During that cycle approximately 12
amendments were not adopted and were subsequently continued for various reasons. Many of
these are continued amendments which are amendments to environmental review subject matter
areas and are the 2004 EAR-based GMP amendments that were adopted by the BCC and had an
effective date of May 24, 2007. Most of the EAR-based GMP amendments stated that within
one year of the amendment, the County will adopt the appropriate land development regulations
to implement the respective policies. This was to be completed in the 2008 cycle, however the
Board voted to continue the amendments to the next (2009) cycle for further review of the
amendments by staff and interested members of the public. Furthermore, at the June 24, 2008
BCC meeting under "Discussion Items" the BCC considered the possibility of limiting LDC
amendments in 2009 to those that are EAR-based and those that are "good for business" per a
--
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Agenda Item No. 16A8
December 2, 2008
Page 2 of 8
written request (see attached letter dated June 12, 2008) initiated by the Development Services
Advisory Committee (DSAC),
Additionally, staff is currently engaged in the revision of the LDC sign code, which will be heard
in early 2009, as a result of the legal settlement in the Bonita Media, LLC vs. Collier County
Code Enforcement Board, Given these facts, staff recognizes that it is imperative to have one
regular 2009 amendment cycle in order to hear those EAR-based amendments to meet the
statutory requirements of Florida law and to consider the other amendments that were continued
by the BCC or have a similar status as noted in the title above, Furthermore, staff has also been
working diligently towards meeting the intent of the strategic plan in making the development
application review process and the LDC more user friendly. Specifically, in a continuation of
the update to the LDC, Collier County has retained the law firm of White & Smith, LLC to assist
with this process. Following an initial reconnaissance phase, the County identified its
development review procedures as a priority for updating and consolidation, In particular, the
County has directed that the law firm move fOlWard with development of the Administrative
Code as a companion to the LDC, The establishment and implementation of an
Administrative Code has the following advantages:
I. Improved Readability - much of the LDC's substantive content is riddled with application
requirements and procedural matters that lengthen the text and are of little interest to a lay
audience. Cleaning out these provision will provide greater focus for individual regulations,
and will reduce the sheer length and size of the Land Development Code.
2. Development Review Streamlining - an Administrative Code consolidates the procedural
aspect of the LDC in a single document. Applicants, design consultants, and administrative
staff can find procedural steps. Fees and forms in a single reference document.
3, Updating - When the County recodified and reorganized the 1991 LDC in 2004 (Ordinance
No. 04-41) some provisions were inadvertently omitted. The update will carry all of the
current and former procedures fOlWard so that the County staff and applicants can easily
determine what a given process requires and future updates can be easily accomplished.
4, Document Design and Web-based enhancements - An Administrative code can offer a
more user-friendly layout, with white space on pages, embedded illustrations, and plain
English text.
5, Maintenance - changes to the LDC require legislative action by the County and a lag time
for incorporation into the Municode website, An Administrative Code allows the County to
avoid this long delay, The Department can maintain a separate Administrative Code, and
enter changes or amendments directly into the document's electronic code,
Staff is proposing the general timeline for the LDC cycle as follows, Specific dates for hearings
will be locked in at a later time once hearing room availability is confirmed and schedules with
the various board appointed advisory committees and the BCC are coordinated,
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Agenda Item No. 16A8
December 2, 2008
Page 3 of 8
January, 2009 - March, 2009
Staff prepares amendments and coordinates drafts with outside interest groups where applicable.
March, 2009 - June 1, 2009
Staff analyzes draft amendments with staff work groups and continues coordination with outside
interest groups,
June 1,2009
Last day to submit draft amendments to Zoning Department.
June 1, 2009 - July, 2009
Staff prepares documents for hearings and advertising,
July, 2009 - September, 2009
Environmental Advisory Committee (EAC) and Development Services Advisory Committee
(DSAC) hearings.
August, 2009 - November, 2009
DSAC hearings continued and Collier County Planning Commission (CCPC) hearings start.
November, 2009 - December 15, 2009
Planning Commission hearings continue and Board of County Commissioner hearings start.
December 15, 2009 - December 31,2009
Final approved ordinance preparation and delivery to the Department of Community Affairs,
Typically by March 1, 2009 the Zoning staff will have a draft of many of the proposed
amendments for the 2009 cycle however the "official" 2009 cycle cut- off for submittal of a
written draft LDC amendment to Zoning staff will be June] , 2009,
LEGAL CONSIDERA nONS:
This item is consistent with Chapters 106 and 250 of the Collier County Code of Laws and
Ordinances, the Land Development Code and Section 163.316] et seq, Florida Statutes. The
approval of the amendment cycle and general timeline is not quasi-judicial and requires a
majority vote,--HFAC
FISCAL IMPACT:
Any private amendments will be subject to the applicable fee of $3,000 per amendment and al]
associated advertising costs estimated to be approximately $2,500, All costs will be paid by the
private applicants.
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Agenda Item No. 16A8
December 2, 2008
Page 4 of 8
GROWTH MANAGEMENT IMPACT:
Staff, as part of the LDC review and vetting process will assess the proposed amendments to the
LDC for consistency with the Growth Management Plan during the review portion of the cycle
(approximately March I, 2009 - June I, 2009).
STAFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve a motion by at least a super-
majority vote authorizing a single Land Development Code amendment cycle for 2009 to be
limited to the following subject matter:
L To remove administrative provisions from the LDC and establish a separate
Administrative Code; and
2, To consider the EAR-based Environmental amendments that were continued by the BCC
from the 2008 Cycle I; and
3, To consider an amendment to the Nonconformities section of the LDC (continued from
the 2008 Cycle I); and
4, To consider the proposed architectural design deviation process for lmmokalee (if
submitted by the lmmokalee CRA); and
5, To consider the amendments to the Wellfield protection regulations that were continued
from the 2008 cycle I unless they are otherwise addressed in some appropriate legal
ordinance; and
6. To consider any amendments to the Stewardship Receiving Area (SRA) if there are at the
time of the amendment submittal due date (June 1,2009); and
7. To consider any amendments which correct errors or replace omitted text as determined
by the Zoning Department; and
8, To consider the amendments to the School Board review process in order to implement
the 2008 GMP amendments adopted by the BCC; and
9. To consider the shoreline calculation amendments pursuant to the Manatee Protection
Plan per the direction of the BCC; and
10, To consider any amendments which the Board deems in the best interest of business per
their discussion on June 24, 2008 (see attached minutes) that is given conceptual pre-
approval by the BCC before the commencement of the 2009 cycle (March I, 2009),
Staff further recommends that Board of County Commissioners adopt, at this time, a time line
indicating the start and finish dates of the cycle (from March 1,2009 to December 31, 2009)
with the understanding that staff will in early 2009, notify the Board of County Commissioners
of the specific hearing dates for the Environmental Advisory Committee, the DSAC, CCPC and
the BCe.
Prepared bv: Susan M. Istenes, AICP, Zoning Director
4
Item Number:
Item Summary:
Meeting Date:
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Agenda Item No. 16A8
December 2, 2008
Page 5 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16AB
To request that the Board of County Commissioners (BCC) approve a single Land
Development Code (LDC) amendment cycle for the 2009 calendar year to consider a limited
scope of amendments to the LOC as follows: to remove the administrative provisions from
the LOG and establish a separate Administrative Code; to consider the Evaluation and
Appraisal Report (EAR) based Environmental amendments that were continued by the BCC
from the 2008 Cycle 1; to consider amendments to the School Board review process as
required by adoption of the 2008 GMP amendments; to consider an amendment to the
Nonconformities section of the LOC continued from the 2008 cycle 1; to consider the
proposed architectural design deviation process for Immokalee as acknowledged by the
BCG; to consider the amendments to the Wellfield protection regulations as directed by the
BCC; to consider amendments to specify how to calculate shorelines subject to conservation
easements or the like when calculating the number of boat slips per the Manatee Protection
Plan, as directed by the BCC; and to consider any amendments to the Stewardship
Receiving Area (SRA) if there are any at that time.
12/2/20089:00.00 AM
Prepared By
Susan Istenes, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Approved By
Zoning & Land Development Review
11/17/20081 :40:50 PM
Susan Istenes, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Approved By
Zoning & Land Development Review
11/17/20081:43 PM
Judy Puig
Community Development &
Environmental Services
Operations Analyst
CommunIty Development &
Environmental Services Admin.
Date
Approved By
11/17/20084:19 PM
Joseph K, Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
11/17/20087:38 PM
Approved By
Heidi F. Ashton
County Attorney
Assistant County Attorney
Date
County Attorney Office
11/18/20081:11 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
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Agenda Item No. 16A8
December 2, 2008
Page 6 of 8
County Manager's Office
Office of Management & Budget
11/18/20082:07 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
11/18/20086:09 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
11/19/20088:43 AM
file://C:\AgendaTest\Export\11 7-December%202, %202008\ 16, %20CONSENT%20AGEN... 11/25/2008
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Agenda Item No. 16A8
December 2, 2008
Page 7 of 8
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Collier County
Development Services Advisory Committee
2800 Horseshoe Drive North
Naples, FL 34104
June 12,2008
Collier County Board of County Commissioners
3301 E. Tamiami Trail
Naples, FL 34 I 12
Re: Land Development Code Amendments
Dear Commissioners:
At the regular meeting of the Development Services Advisory Committee (OSAC) on May 7,
2008, the Committee discussed at length the pending revisions to the Land Development Code
(LOC) and the need, or lack thereof, for many of thc proposed revisions,
The revisions to the LDC over the past few years have been numerous and have required
substantial staff time to write and fe-write the various sections under consideration. During the
anlendment process there is much conversation in fonnal publicly adveltised meetings, debate,
revision and re-revision of the proposed amendments, Substantial time is spent by the Collier
County Planning Commission and by you, the Board of County Commissioners (BCC).
DSAC members have, over the years, commented about the method by which any proposed LOC
amendment is cleared (authorized) for writing and the subsequent consumption of stafftime.
Community Development & Environmental Services (COES) staff has reported to us on occasion
that the BCC has directed LOC revisions; however, it appears that many are brought furward by
staff fat causes that have been debatable and without any vetting for prior approval. Again this
process consumes considerable time and expense for the many individuals involved. Most often
there is insufficient or no consideration as to the fiscal impacts of these amendments on affected
property or business owners and woefully insufficient consideration as to operational and fiscal
impacts to the County.
DSAC members are representatives of the Planning, Engineering, Architecture, and Construction
industries, and therefore many comments are relayed to us in the conduet of our work on the
OSAC on behalf of the BCe. Over the past several years there have been many comments and
concerns expressed regarding the constant revisions to the LDC, and that many changes are not
necessary or contribute to making the design of projects in compliance with the LOC extremely
difficult Additionally, the staff has or may have difficulty remaining current with the constantly
changing code requirements, Project review times have increased due to non-compliance with
recent revisions of the LOC and staff review times have, in the past, been very long in duration,
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Agenda Item No. 16A8
December 2, 2008
Page 8 of 8
Over the past many months the DSAC has heard from CDES Administrator Joe Schmitt rcports
of continuing declines in revenue related to permit applications. This decline has resulted in the
loss ofCOES staff in order to maintain the hudget. Clearly COES could save significant
expenses if amendments were reduced to only those that are absolutely necessary,
As a direct response to the CDES budget considerations and in an effort to improve the efficiency
of the LOC amendment process your DSAC respectfully suggests the following for your
consideration.
It was a unanimous recommendation by the OSAC Board who met on June I J, 2008 that;
J. The BCC direct COES to reduce and eliminate amendments to the Collier County Land
Development Code (LOC) to the greatest extent possible as a cost reduction effort, and;
2, The BCC not accept proposed amendments to the LDC unless a specific item is mandated by
the State of Florida, or is written to eliminate requirements of the LOC, or is proposed by a
special entity or as a private amendment request (where the appropriate fee has been paid) as
allowed by law, and;
3, The BCC direct CDES to establish a vetting committee to review future proposed LOC
amendments for approval prior to expending staff time related to those amendments and;
4. The LDC be amended in only one (I) cycle per annum, and;
5. 11,e amendment reduction effort would continue until the next LDC code re-write is
completed (which we understand is presently in progress), and that future efforts to reduce
code revisions be encouraged by thc BCe.
A final item of discussion with the COES staff was the length of time of review and the process
of review. This has been discussed many times the past several years. The DSAC, in an effort to
reduce costs for both public and private sectors, urges the BCC to support and encourage
administrative judgment by the CDES staff and thus reduce the time for project review and the
instances of unnecessary inaction or unwillingness to make decisions hased on solid professional
judgment and common sense. We support and encourage the authority of staff to utilize their
professional knowledge and experience to make sound judgments, assuming adequate safeguards
are in place,
We thank you in advance for your consideration of the recommendations presented herein. We
additionally thank you for the opportunity to serve Collier County as members of the
Development Services Advisory Committee. It would be our pleasure to answer any questions
you may have related to OUf recommendations.
0J~
William Varian, Chailman
Attachment: LDC Preview
Cc: James V. Mudd, COU11ty Manager
Joseph K, Schmitt, Administrator, CDES
Susan Iste11es, AICP, Director, Zoning & Land Development Review
Catherine Fahacher, AICP, LDC Manager, Zoning & Land Development Review
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