Agenda 06/24/2008 Item #16A16
Agenda Item No. 16A 16
June 24, 2008
Page 1 of 4
EXECUTIVE SUMMARY
Request approval by the Board of County Commissioners for a Land Development Code
(LDC), Special Amendment 2008 Cycle 2a, to address an urgent amendment to the Land
Development Code in response to the Opinion and Order of the U.S. District Court (filed
Fehruary 13, 2008) which declared sections of the Collier County "Sign Code"
unconstitutional. (Companion item to 16A17)
OBJECTIVE:
To request that the Board of County Commissioners (Board) approve a Land Development Code
(LDC) special cycle for the 2008 calendar year to amend the Collier County Sign Code, in
particular, those provisions that have been declared "unconstitutional" by the federal Court, more
specifically, sections 5.06.0], 5.06.05, 5.06.06 and 5,06.07, of "the Sign Code," The goal is to
review the Code in its entirety to ensure it conforms to the First Amendment to the United States
Constitution,
As a result of the legal challenge asserted in a pending federal case, the County has been
enjoined against enforcement of certain provisions of the sign code. The County has agreed to
abide by the Court's order until such time as the unconstitutional provisions of the sign code are
eliminated, amended and/or replaced. The County has agreed to resolve the unconstitutionality
of the sign code before January 1,2009.
Staff requests that the Board approve a special cycle to amend the Land Development Code to
begin on October I, 2008 and end on December 9, 2008, for a total to date of 2 LDC
Amendment special cycles to date in 2008.
CONSIDERATIONS:
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.
Additionally, the proposed amendment does not constitute a change in land use or zoning and, as
such, the Board by super-majority approval can approve that the cycle consist of only one public
hearing through the Collier County Planning Commission and the Board if, for any reason, one
of the scheduled hearing dates below cannot be met.
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Aaenda Item No. 16A 16
- June 24, 2008
Page 2 of 4
Proposed hearing dates:
Meetinl!
DSAC Monthly Meeting
EAC Monthly Meeting
CCPC Regular Meeting I
CCPC LDC Meeting 2
BCC Regular Meeting
BCC Regular Meeting
Dav
Wednesday
Date
October I
Time
Thursday
Thursday
Tuesday
Tuesday
October 16
November 6
November 18
December 16
3:30 p.m.
9:00 a.m.
8:30 a.m.
8:30 a.m.
9:00 a.m.
9:00 a.m.
LEGAL CONSIDERATIONS:
Staff is recommending that this special purpose amendment be done as part of a Special Cycle.
Under the authority of LDC Section 10.02.09, the Board of County Commissioners may, by at
least a super-majority vote, direct that this proposed amendment be so considered. Since this
proposed amendment would not change zoning classilkation of land, LDC Section 10.03.05
requires both the Planning Commission and the Board of County Commissioners to hold at least
one advertised public hearing on the proposed ordinance. The Board may hear this proposed
amendment at any regular or special meeting, provided due notice is given. - HFAC
FISCAL IMPACT:
All costs related to developing and staffing the applicable amendments, estimated to be $35,000
for consultant services and $3,000 for LDC application fees, and advertising costs for the cycle,
estimated to be $2,500 will be funded through a separate budget amendment under Fund III,
reserves.
GROWTH MANAGEMENT IMPACT:
Staff, as well as the Collier County Planning Commission, as part of the LDC review and vetting
process will assess the proposed amendment to the LDC for consistency with the Collier County
Growth Management Plan.
STAFF RECOMMENDATION:
Staff recommends that the Board approve a motion, by at least a super-majority vote, authorizing
an additional (second) Land Development Code Amendment special cycle for 2008 pertaining to
the above-stated subject and that would as best as possible follow the timeline set forth above.
PREPARED BY: Catherine Fabacher, LDC Manager, Zoning & Land Development Review,
CDES
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Item Number:
Item Summary:
Meeting Date:
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Agenda Item No. 16A 16
June 24,2008
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A16
Request approval by the Board of County Commissioners for a Land Development Code
(LDC), Spedal Amendment 2008 Cycle 2a, to address an urgent amendment to the Land
Development Code in response to the Opinion and Order of the U.S. District Court (filed
February 13, 2008) which declared sections of the Collier County Sign Code unconstitutional,
(Companion item to 16A17)
6/24/20089:0000 AM
Prepared By
Catherine Fabacher
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
6/12/20084:02:22 PM
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Approved By
Zoning & Land Development Review
6/12/20084:07 PM
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
6/12/2008 4:20 PM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
6113/200812:37 PM
Approved By
Heidi F. Ashton
County Attorney
Assistant County Attorney
Date
County Attorney Office
6/1312008 4:09 PM
Approved By
OMB Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
6/13/2008 4:30 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
6/141200811 :04 AM
Approved By
James V, Mudd
Board of County
County Manager
Date
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Agenda Item No. 16A 16
June 24, 2008
Page 4 of 4
Commissioners
County Manager's Office
6/16/200812:35 PM
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