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Agenda 07/22/2008 Item #16A16Agenda Item No. 16A16 July 22, 2008 Page 1 of 7 EXECUTIVE SUMMARY Request approval by the Board of County Commissioners to extend the Site Development Plan (SDP) approval time limit from 2 years to 3 years when construction has not begun and to extend the time limit from 18 months to 30 months when construction has begun for projects currently approved but outside the timeframe as being proposed by the amendment to the Collier County Land Development Code, Section 10.02.03, Submittal Requirements for Site Development Plans. OBJECTIVE: To request that the Board of County Commissioners (Board) extend the SDP approval time limit from 2 years to 3 years when construction has not begun and to extend the time limit from 18 months to 30 months when construction has begun for projects currently approved but outside the timeframe as being proposed by the amendment to the Collier County Land Development Code, Section 10.02.03, Submittal Requirements for Site Development Plans. CONSIDERATIONS: The downturn in the housing market has caused many projects that have already received SDP approval to be put on hold by the developer. Under existing LDC provisions, the SDP approval for these projects will expire in 2 years. The attached LDC amendment being proposed as part of the current LDC cycle proposes that the base term of approval be extended to 3 years to allow the developer to work under the same approval if economic circumstances permit. This amendment is proposed to prevent any undue hardship that may be placed upon a permittee by having to go through the time and expense of another project submittal once it becomes economically feasible to proceed with the approved project. The LDC currently identifies SDP approval time limits within which construction must begin, and also limits within which construction of infrastructure improvements, once begun, must be completed. The following projects have exceeded their respective time limits or will exceed them prior to the scheduled LDC hearings before The Board of County Commissioners and the Collier County Planning Commission and as such could not be deemed extended under a zoning in progress ruling. Two projects have begun construction but did not complete infrastructure improvements prior to expiration. Four projects have expired, or will expire, without beginning construction, between March 1, 2008 and October 30, 2008. These are identified below. Projects which have begun but not completed infrastructure improvements prior to expiration: Palazzo Village (SDP AR 9126) Final Approval Letter sent on August 21, 2006 Pre - construction conference held on January 3, 2007 Expiration based on 18 -month time frame (from pre - construction conference) June 3, 2008; however, approved for an administrative extension to October 3, 2008 Agenda Item No. 16A16 July 22, 2008 Page 2 of 7 Proposed extension of one year to October 3, 2009 Trafford Isles (SDP AR 9664) Final Approval Letter sent on January 3, 2007 Pre - construction conference held on January 7, 2007 Expiration based on 18 -month time frame (from pre - construction conference) July 12., 2008 Proposed extension of one year to July 12, 2009 Projects which have expired or will expire before October 30, 2008: Thomasson Village (SDP AR 8414) Final approval letter sent on July 19, 2006 Expiration date, July 19, 2008 Proposed extension of one year to July 19, 2009 Meridian Market Place (SDP AR 8415) Final approval letter sent on August 14, 2006 Expiration date, August 14, 2008 Proposed extension of one year to August 14, 2009 Rollsecure Shutters (SDP AR 9741) Pre - approval letter sent on July 20, 2006 Expiration date, July 20, 2008 Proposed extension of one year to July 20, 2009 Canopy Place (SDP AR 7927) Pre - approval letter sent on July 31, 2006 Expiration date, July 31, 2008 Proposed extension of one year to July 31, 2009 The developers for each of these projects is requesting that the Board extend the timeframes of the SDPs and in doing so, recognize the special economic circumstances and due to significant impact of the economic downturn being experienced by the development and construction industry throughout the county, that the granting of the extension of the construction timeframes are warranted and justified. In addition, staff request that the Board grant the Administrator, CDES, the authority to approve the extension of any other plans or plats identified by an applicant as needing an extension between now and the later of (1) approval of the proposed LDC amendment, or (2) October 30, 2008. FISCAL IMPACT: E Agenda Item No. 16A16 July 22, 2008 Page 3 of 7 Extending the timeframe for these projects will allow these projects to remain active and in doing so save the applicants any re- application and review fees and will avoid any requirement by the Community Development and Environmental Services Division to refund any fees paid but not yet expended for the conduct of required inspections. GROWTH MANAGEMENT IMPACT: This request has no Growth Management Impact. LEGAL CONSIDERATIONS: This item has been reviewed for legal sufficiency and is legally sufficient for Board action. JW STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the request to extend the timeframe of the Site Development Plans as noted, and that the Board grant the Administrator, ODES, the authority to administratively extend any other requests that fall within the conditions of the proposed LDC amendment between now and the approval of the proposed LDC amendment. Prepared bv: Joseph K. Schmitt, Administrator, CDES 3 Agenda Item No. 16A16 July 22, 2008 Text underlined is new text to be addill 4 of 7 4:914 $tFk8lhF8W@h IS MWFFSAtte-W i9- be d-8-18-led Bold text indicates a defined term LDC Amendment Reouest ORIGIN: CDES AUTHOR: Stan Chrzanowski, PE DEPARTMENT: Engineering and Environmental Services AMENDMENT CYCLE: 2008 Cycle 1 LDC PAGE: LDC10:46 LDC SECTION(S): 10.02.03 Submittal Requirements for Site Development Plans CHANGE: To extend SDP approval time limit from 2 years to 3 years when construction has not begun and to extend time limit from 18 months to 30 months when construction has begun. Addition of a possible one -year extension of original approval to be granted by the County Manager or designee. REASON: The downturn in the housing market has caused many projects that have already received SDP approval to be put on hold by the developer. Under existing LDC provisions, the SDP approval for these projects will expire in 2 years. This LDC amendment proposes that the base term of approval be extended to 3 years to allow the developer to work under the same approval if economic circumstances permit. This amendment is proposed to prevent any undue hardship that may be placed upon a permittee by having to go through the time and expense of another project submittal once it becomes economically feasible to proceed with the approved project. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 9.03.00 Nonconformities and 9.03.01 Generally. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created November 30, 2007. Revised March 11, 2008. Amend the LDC as follows: 9.03.00 Nonconformities 9.03.01 Generally 127 I: \08 Amend the LDC \2008 -Cycle 1 VAmendments \Revisions\DSAC \10.02.03 Time Limits (070208) CAF.doc Agenda Item No. 16A16 July 22, 2008 Text underlined is new text to be additge 5 Of 7 Bold text indicates a defined term C. Vested projects. To avoid undue hardship, nothing in the LDC shall be deemed to require a change in the plans, construction, or designated use of a building or property on which a building permit had been applied for prior to the effective date of adoption of relevant amendment of the LDC. In addition, nothing in the LDC shall be deemed to require a change in the plans, construction, or designated use of any property for which a development plan was lawfully required and approved prior to the effective date of adoption of relevant amendment of the LDC, provided that such plan shall expire twe (2) 3 years from the date of said approval, nd thereafter, all development shall be in accordance with the zoning regulations then in effect. Any such approved plat or plan may be amended by approval of the BCC, pursuant to section 10.02.03 of the LDC, provided the degree of nonconformity with the LDC shall not be increased. 10.02.03 Submittal Requirements For Site Development Plans } } } } } } B. Final site development plan procedure and requirements 4. Site development plan time limits for review, approval and construction. a. Site development plans (SDPs), once accepted for review, will remain under review so long as a re- submittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the for site development plan review will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current code. 128 I: \08 Amend the LDC \2008 -Cycle lVAmendments \Revisions \DSAC \10.02.03 Time Limits (070208) CAF.doc �. - - -�. 128 I: \08 Amend the LDC \2008 -Cycle lVAmendments \Revisions \DSAC \10.02.03 Time Limits (070208) CAF.doc n. b. Agenda Item No. 16A16 July 22, 2008 Text underlined is new text to be additge 6 of 7 Bold text indicates a defined term date of the SDP amendment approval letter. A one time 1 -year extension of the 3 -Year limit of the approved SDP or the approved SDP amendment may be granted Applications for an extension must be made to the planning manager with the appropriate processing /administrative fee. C. Once construction has commenced the approval term shall be determined as follows. The construction of infrastructure improvements approved by under an SDP shall be completed, and the rp oiect engineer's completion certificate provided to the Eengineering and Environmental Sservices Ddirector, within a$ 30 months of the pre- construction conference, i.e., commencement of construction. A single, G* 12-month extension to complete construction may be granted for good cause shown—,4f. A written request shall be submitted to, and approved by the Eengineering and Environmental Sservices Ddirector prior to expiration of the SDP or SDP amendment approval term. Thereafter, the SDP or SDP amendment approval term expires and is of no force or effect. 129 I: \08 Amend the LDC\2008 -Cycle 1\Amendments \Revisions \DSAC \10.02.03 Time Limits (070208) CAF.doc Page 1 of 1 Agenda Item No. 16A16 July 22, 2008 Page 7 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A16 Item Summary: Request approval by the Board of County Commissioners to extend the Site Development Plan (SDP) approval time limit from 2 years to 3 years when construction has not begun and to extend the time limit from 18 months to 30 months when construction has begun for projects currently approved but outside the timeframe as being proposed by the amendment to the Collier County Land Development Code.. Section 10.02.03. Submittal Requirements for Site Development Plans. Meeting Date: 7/22/2008 9.00.00 AM Prepared By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development 8 719!2008 8:26:50 AM Environmental Services Environmental Services Admin. Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 7/912006 12:09 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 7/9/2006 2:49 PM Environmental Services Environmental Services Admin. Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 719/2008 4:10 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/9/2008 4:28 PM Approved By Mark lsackson Budget Analyst Date County Manager's Office Office of Management & Budget 71912008 5:53 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/9/2008 6:06 PM fle: / /C: \AgendaTest \Export\ 111 -July %2022, %202008\ 16. %2000NSENT %20AGENDA\ 1... 7/15/2008