Agenda 11/12/2019 Item #16A20 (GMD Resolution removing the tri-annual amendment cycles)11/12/2019
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution amending Resolution 12-234, to remove the tri-annual
amendment cycles and allow for amendments to the Collier County Growth Management Plan to
be processed, reviewed and scheduled for public hearing as submitted, as aligned with the Florida
Statute 163.3184.
OBJECTIVE: To have the Board of County Commissioners (BCC) approve the attached Resolution,
which eliminates the limitation of three-set cycles of amendments to the Collier County Growth
Management Plan (GMP) per calendar year.
CONSIDERATIONS: On November 13, 2012 the BCC adopted Resolution #12-234, which provided
for a tri-annual GMP amendment cycle. Staff is requesting the BCC to adopt an amended Resolution
(attached) to eliminate the concept of cycles to amend the GMP and allow for GMP amendments to be
received, reviewed, and brought forward for public hearing as submitted. Staff has found that trying to
manage various amendments within specific cycles has proven to be cumbersome, as each petition moves
forward at its own pace of review, partly dependent upon the responsiveness of the private applicant team.
This inconsistency has created internal and external complications for scheduling of individual petitions
that are bound to an overall cycle.
Florida Statutes 163.3184 dictates the process for adoption of comprehensive plan amendments, but no
longer limits the GMP amendment process to specific cycles of review. Based upon this allowance, Staff
is requesting that the BCC adopt the proposed Resolution to allow for GMP amendments to be received,
reviewed, and brought to hearing as stand-alone amendments. Note that this is the current manner in
which staff processes GMP amendments related to a Development of Regional Impact, areas designated
Rural Area of Opportunity, and Small-Scale amendments.
FISCAL IMPACT: There is no fiscal impact from the proposed modification to processing GMP
amendments.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: Approval of the proposed Resolution will
allow for GMP amendments to be received, reviewed, and brought to public hearing as received and will
be in compliance with Florida Statutes.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -SAA
STAFF RECOMMENDATION: Staff recommends approval of the proposed amending Resolution to
eliminate the three-cycle process for receiving GMP Amendments to allow for GMP amendments to be
processed, reviewed, and scheduled for public hearing independently, consistent with Florida Statute
163.3184.
Prepared by: David Weeks, AICP, Growth Management Manager, Zoning Division
ATTACHMENT(S)
1. Resolution - 100719- End 3 cycles GMPAs (PDF)
2. Resolution 2012-234 (PDF)
16.A.20
Packet Pg. 779
11/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.20
Doc ID: 10435
Item Summary: Recommendation to adopt a Resolution amending Resolution 12-234, to remove
the tri-annual amendment cycles and allow for amendments to the Collier County Growth Management
Plan to be processed, reviewed and scheduled for public hearing as submitted, as aligned with the Florida
Statute 163.3184.
Meeting Date: 11/12/2019
Prepared by:
Title: Planner, Senior – Zoning
Name: Marcia R Kendall
10/08/2019 9:01 AM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
10/08/2019 9:01 AM
Approved By:
Review:
Growth Management Department David Weeks Additional Reviewer Completed 10/08/2019 3:52 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/14/2019 10:13 AM
Growth Management Department James C French Deputy Department Head Review Completed 10/14/2019 9:43 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 10/22/2019 12:53 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/23/2019 10:38 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/23/2019 11:40 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/23/2019 11:54 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/24/2019 8:28 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/03/2019 11:36 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM
16.A.20
Packet Pg. 780
16.A.20.a
Packet Pg. 781 Attachment: Resolution - 100719- End 3 cycles GMPAs (10435 : Remove GMP Amendment Cycles)
16.A.20.a
Packet Pg. 782 Attachment: Resolution - 100719- End 3 cycles GMPAs (10435 : Remove GMP Amendment Cycles)
RESOLUTION 12-2 3 4
A RESOLUTION ESTABLISHING GENERAL REQUIREMENTS AND
PROCEDURES FOR AMENDING THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN.
WHEREAS, Chapter 163, Florida Statutes, requires local governments to prepare
and adopt a Comprehensive Plan; and
WHEREAS, the Board of County Commissioners adopted the Collier County
Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 (Section 163.3161, et seq.,
Florida Statutes) mandates certain procedures to amend adopted Growth Management
Plans (Section 163.3184 and Section 163.3187, Florida Statutes); and
WHEREAS, in order to provide adequate notice, it is necessary to set forth the
requirements and procedures to be followed by petitioners, the general public and Collier
County in processing amendments to the Collier County Growth Management Plan
consistent with the requirements of the Florida Statutes.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Subject to prior Board approval, staff will implement three amendment cycles
during which applications for amendments to the Collier County Growth Management
Plan or one of its elements ("GMP") will be processed. Additional GMP amendment
cycles can only be implemented by approval of the Board. Such approval shall be by
majority vote.
2. All amendments must strictly conform with the Florida Growth Management
Act, including, but not limited to, Section 163.3184, Florida Statutes, for amendments in
general, and Section 163.3187, Florida Statutes, for adoption of a small-scale
comprehensive plan amendments.
3. An amendment may be proposed by the Board of County Commissioners, the
Collier County Planning Commission (CCPC), any department or agency of the County,
or any private person, provided, however, that no such person shall propose an
16.A.20.b
Packet Pg. 783 Attachment: Resolution 2012-234 (10435 : Remove GMP Amendment Cycles)
amendment for a land use designation change for property which he or she does not own,
except as an agent or attorney for the owner.
4. All required copies of the application to amend the Collier County Growth
Management Plan and supporting documentation along with the required filing fee must
be submitted to the County Manager or his designee prior to the deadline established by
the Board for each adoption cycle. Following the requisite submission:
A. Prior to submittal, a pre-application conference shall occur between the
petitioner and appropriate County staff to ensure that the amendment procedure is
understood and adhered to.
B. Staff shall perform an initial review of the proposed amendment application to
determine whether additional information is necessary to enable staff to conduct a formal
review and whether other amendments of the Growth Management Plan will be necessary
to preserve the internal consistency of the Plan. Within 30 calendar days following the
filing deadline, the staff shall notify the petitioner in writing, that:
i) staff has determined that the petition is adequate for formal review; or
ii) the application is inadequate for formal review and the notice shall set forth in
detail the additional information deemed necessary for formal review of the petition.
C. If the application is deemed insufficient, the petitioner shall have 30 calendar
days from the date of receipt of staffs letter of insufficiency to supplement the
application in response to the initial review. A second 30 day time period to respond to
the insufficiency may be requested by the petitioner.
D. County staff shall review the application and may consult with other County
Departments or agencies as it deems necessary to evaluate the proposed amendment and
shall prepare a report with a recommendation.
E. The Public Hearings schedule and State Agency review time frames will be
those as established by Section 163.3184, Florida Statutes, "Process for adoption of
comprehensive plan or plan amendment.", or Section 163.3187, Florida Statute, "Process
for adoption of small-scale comprehensive plan amendment," as amended from time-to-
time. Adoption of an amendment to the Growth Management Plan must be by Ordinance
and shall require four affirmative votes of the Board of County Commissioners.
16.A.20.b
Packet Pg. 784 Attachment: Resolution 2012-234 (10435 : Remove GMP Amendment Cycles)
5. This Resolution supersedes and repeals Resolution 97-431, as amended by
Resolution 98-18, relating to prior Growth Management Plan Amendment procedures.
THIS RESOLUTION ADOPTED after motion, second and majority vote
favoring same, this 13th day of November, 2012.
ATTEST: - x, n BOARD OF COUNTY COMMISSIONERS
DWIGHT E: tiRO6K., CLERK COLLIER COUNTY, FLORIDA
By: 1DAIII//By: LJ C
Doput, er FRED W. COYLE, CHAI' A1>usit as to C1 . ilma
it t ii .
Ap;;ove, to form and legal sufficiency:
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Jeffrq • K 7,. ow
Coun • ltitorney1
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16.A.20.b
Packet Pg. 785 Attachment: Resolution 2012-234 (10435 : Remove GMP Amendment Cycles)