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Agenda 06/09/2020 Item #16A 1 (Resolution - LDCA - Legislative Procedures)06/09/2020 EXECUTIVE SUMMARY Recommendation to approve a resolution amending Ordinance No. 2004-66, as amended, that created an Administrative Code for Land Development, by amending Chapter Two, Legislative Procedures, more specifically to amend Section A, Comprehensive Plan Amendment, to provide consistency with current and proposed changes to public notice procedures, and an addition to Chapter Four, Administrative Procedures, more specifically to add Section I.6., Nominal Alteration Plan, to provide a process for a nominal change to a site development plan or to an existing site in which there is no site development plan; and providing an effective date. (This is a companion to Agenda Item 17.C). _____________________________________________________________________________________ OBJECTIVE: To obtain Board approval of the proposed amendment to the Collier County Administrative Code for Land Development (Administrative Code). CONSIDERATIONS: The Administrative Code provides the processes and procedures for the review of various land use petitions or applications identified within the Land Development Code (LDC). This Administrative Code amendment is a companion item to two LDC amendments that includes an update to an existing section and the addition of a new section. The changes are described as follows: 1. Chapter 2 A. - Comprehensive Plan Amendment. This amendment carries forward the changes proposed in the companion LDC amendment to section 10.03.06. The companion LDC amendment updates terminology related to ‘large-scale’ growth management plan amendments and updates LDC notice provisions for several petition types that require a public hearing based on current public notice policies. 2. Chapter 4 I.6 - Nominal Alteration Plan (NAP). This is a new section of the Administrative Code that provides the applicability, the required application and site plan contents, and the procedural requirements for a NAP. The companion LDC amendment codifies the NAP process, a more streamlined review of limited, minor changes to approved Site Development Plans (SDP) and Site Improvement Plans (SIP), or to sites without an existing SDP or SIP. DSAC RECOMMENDATION: The Development Services Advisory Committee (DSAC) reviewed the Administrative Code amendments and companion LDC amendments in August and October 2019, and recommended approval of the amendments as presented. CCPC RECOMMENDATION: The Collier County Planning Commission (CCPC) recommended approval of the companion LDC amendments. FISCAL IMPACT: There are no fiscal impacts associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: If the companion LDC amendment does not pass, then this amendment would be premature. This item is approved as to form and legality, and requires a majority vote for Board approval. (HFAC) RECOMMENDATION: To approve the proposed Resolution amending Ordinance No. 2004-66, as amended, the Collier County Administrative Code for Land Development and direct staff as to any changes. 16.A.1 Packet Pg. 413 06/09/2020 Prepared By: Ellen Summers, Senior Planner, Zoning Division ATTACHMENT(S) 1. Resolution - Admin Code Amendment from CAO- 1.28.20 (PDF) 2. Companion LDCA Nominal Alteration Plan (PDF) 3. Companion LDCA Public Notice (PDF) 16.A.1 Packet Pg. 414 06/09/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1 Doc ID: 12103 Item Summary: Recommendation to approve a resolution amending Ordinance No. 2004-66, as amended, that created an Administrative Code for Land Development, by amending Chapter Two, Legislative Procedures, more specifically to amend Section A, Comprehensive Plan Amendment, to provide consistency with current and proposed changes to public notice procedures, and an addition to Chapter Four, Administrative Procedures, more specifically to add Section I.6., Nominal Alteration Plan, to provide a process for a nominal change to a site development plan or to an existing site in which there is no site development plan; and providing an effective date. (This is a companion to Agenda Item 17.C). Meeting Date: 06/09/2020 Prepared by: Title: Planner – Zoning Name: Ellen Summers 03/25/2020 9:24 AM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 03/25/2020 9:24 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 03/25/2020 10:19 AM Zoning Jeremy Frantz Additional Reviewer Completed 03/29/2020 1:23 PM Growth Management Department James C French Deputy Department Head Review Completed 03/29/2020 11:34 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 03/31/2020 10:19 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 04/01/2020 11:55 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/01/2020 12:06 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/01/2020 2:01 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/01/2020 2:48 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/01/2020 8:57 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/09/2020 9:00 AM 16.A.1 Packet Pg. 415 [20-LDS-00095/1541603/1]28 5-18-20 Page 1 of 2 RESOLUTION NO. 2020 - _____ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING THE ADMINISTRATIVE CODE FOR LAND DEVELOPMENT, WHICH WAS CREATED BY ORDINANCE NO. 2013-57, BY AMENDING CHAPTER TWO, LEGISLATIVE PROCEDURES, AND CHAPTER FOUR, ADMINISTRATIVE PROCEDURES, TO CLARIFY ADVERTISING PROCEDURES FOR COMPREHENSIVE PLAN AMENDMENTS AND TO ADD PROCEDURES FOR NOMINAL ALTERATION PLANS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (“Board”) adopted Ordinance No. 2004-66 on October 12, 2004, which created an Administrative Code for Collier County; and WHEREAS, the Board subsequently amended Ordinance No. 2004-66 through the adoption of Ordinance No. 2013-57 on September 24, 2013; and WHEREAS, Ordinance No. 2013-57 provides for the adoption of Exhibit “B,” the Administrative Code for Land Development, which shall be maintained by the County Manager or designee; and WHEREAS, Ordinance No. 2013-57 also provides that amendments required to maintain the Administrative Code shall be made by resolution adopted by the Board; and WHEREAS, the Board desires to revise the Administrative Code for Land Development, to clarify advertising procedures for comprehensive plan amendments, and to add a new nominal alteration plans section, as described in Exhibit “A,” attached hereto. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Administrative Code for Land Development, which was created by Ordinance No. 2013-57, is hereby amended as follows: SECTION ONE: AMENDMENT OF CHAPTER TWO – LEGISLATIVE PROCEDURES, AND CHAPTER FOUR – ADMINISTRATIVE PROCEDURES Chapter Two – Legislative Procedures, and Chapter Four – Administrative Procedures, of Exhibit “B,” Administrative Code for Land Development, is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by reference. CAO 16.A.1.a Packet Pg. 416 Attachment: Resolution - Admin Code Amendment from CAO- 1.28.20 (12103 : Administrative Code for Land Development Amendments) [20-LDS-00095/1541603/1]28 5-18-20 Page 2 of 2 SECTION TWO: EFFECTIVE DATE This Resolution shall become effective on the date of adoption by the Board. THIS RESOLUTION ADOPTED by majority vote this ____ day of ___________, 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: _______________________ By: ________________________________ Deputy Clerk BURT L. SAUNDERS, CHAIRMAN Approved as to form and legality: _________________________________ Heidi F. Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A – Chapter 2, Section A, “Comprehensive Plan Amendment” Chapter 4, Section I.6. “Nominal Alteration Plan (NAP)” HFAC 5-18-20 CAO 16.A.1.a Packet Pg. 417 Attachment: Resolution - Admin Code Amendment from CAO- 1.28.20 (12103 : Administrative Code for Land Development Amendments) Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures Revised: 5/15/2020 A.Comprehensive Plan Amendment Reference F.S. § 163.3177 – 163.3187, 125.66 and LDC Public Notice subsection 10.03.06 E and the Collier County Growth Management Plan (GMP). Note: The Florida Department of Economic Opportunity (DEO) website contains procedures, forms, and technical assistance regarding State of Florida review and requirements. For State related Comprehensive Plan Amendment information refer to: http://www.floridajobs.org/community-planning-and- development/programs/comprehensive-planning. Applicability This procedure applies to a request to amend the GMP whet her initiated by the County or a private landowner. A comprehensive plan amendment does not authorize development. There are several categories of plan amendments, including but not limited to: •Small-Scale Amendment: A plan amendment that involves 10 acres or less and other criteria set out in F.S. § 163.3187(1). o Generally, small scale amendments are for maps and may include text changes. o Small-scale amendments that involve 10 acres or less may be site- specific amendments. •Regular Large-Scale Amendment: A plan amendment that changes the goals, objectives and policies; a map change; or any other material in the plan, and falls within one of the categories described in F.S. § 163.3184(2) and 163.3184(3). o Regular Large-scale amendments may be site-specific amendments. •DRI Companion Amendment: A plan amendment that is directly related to a DRI. This is processed concurrent with the DRI application. See Chapter 3 D.3 of the Administrative Code for more information. Pre-Application A pre-application meeting is required. Initiation The applicant files an “Application for a Request to Amend the Collier County Growth Management Plan” with the Comprehensive Planning Section of the Planning and Zoning Division. Application Contents The application shall include the draft amendment text and/or map amendment and all data and supporting materials that justify the amendment. Note: Refer to F.S. § 163.3163 et. seq. for State requirements. Completeness and Processing of Application The Comprehensive Planning Department will review the application for completeness. After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Exhibit A Page 1 of 7 CAO 16.A.1.a Packet Pg. 418 Attachment: Resolution - Admin Code Amendment from CAO- 1.28.20 (12103 : Administrative Code for Land Development Amendments) Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures Revised: 5/15/2020 Notice – Small-Scale Amendment for Map and/or Text Changes Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. 1.NIM: The NIM shall be completed at least 15 days before the first advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2.Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 13.Newspaper Advertisement: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC public hearings dates in a newspaper of general circulation. The advertisements shall include at a minimum: •Clear explanation of the proposed ordinance or resolutionas it affects the subject property; •Date, time, and location of one or more public hearings; and •2 in. x 3 in. map of the project location.; and •The required advertisements must be at least 2 columns wide by 10 inches long, in a standard size or a tabloid size newspaper, and the headline in the advertisements must be in a type no smaller than 18 point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisemen ts shall be placed in a newspaper of general paid circulation. 4.Sign: (see format below) Posted at least 15 days prior to the advertised Planning Commission hearing. Notice –Site Specific Large-Scale Amendment for Site-Specific Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. 1.NIM: The NIM shall be held after the first set of staff review comments have been issued and completed at least 15 days before the first advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall Exhibit A Page 2 of 7 CAO 16.A.1.a Packet Pg. 419 Attachment: Resolution - Admin Code Amendment from CAO- 1.28.20 (12103 : Administrative Code for Land Development Amendments) Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures Revised: 5/15/2020 be given to property owners in the notification area at least 15 days prior to the NIM meeting. The NIM is only for site-specific amendments. 2.Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3.Newspaper Advertisements: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC transmittal and adoption public hearings in a newspaper of general circulation. The advertisement shall include at a minimum: •Clear explanation of the proposed ordinance or resolution as it affects the subject property; •Date, time, and location of one or more public hearings; and •2 in. x 3 in. map of the project location., if site specific; and •The required advertisements must be at least 2 columns wide by 10 inches long, in a standard size or a tabloid size newspaper, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisements shall be placed in a newspaper of general paid circulation. 4.Mailed Notice: The County shall send written notice by mail to each real property owner within the area covered by the proposed plan amendment at least 15 days before the advertised BCC public hearing date. 54.Sign: (see format below) Posted at least 15 days prior to the advertised public hearings. Two distinct signs shall be posted for the transmittal hearings and the adoption hearings. The first sign shall be posted before the first Planning Commission hearing on the GMP transmittal to DEO. A second sign shall be posted before the Planning Commission hearing on the GMP adoption. Notice – Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. Exhibit A Page 3 of 7 CAO 16.A.1.a Packet Pg. 420 Attachment: Resolution - Admin Code Amendment from CAO- 1.28.20 (12103 : Administrative Code for Land Development Amendments) Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures Revised: 5/15/2020 Regular Large-Scale Amendment Not Site-Specific 1. Newspaper Advertisements: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC transmittal and adoption public hearings in a newspaper of general circulation. The advertisement shall include at a minimum: •Clear explanation of the proposed ordinance or resolution as it affects the subject property; and •Date, time, and location of one or more public hearings.; •2 in. x 3 in. map of the project location; and •The required advertisements must be at least 2 columns wide by 10 inches long, in a standard size or a tabloid size newspaper, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisements shall be placed in a newspaper of general paid circulation. Public Hearings for Small Scale Amendment 1.The EAC shall hold at least 1 advertised public hearing, if required. 2.The Planning Commission shall hold at least 1 advertised public hearing. 3.The BCC shall hold at least 1 advertised public hearing. Public Hearing for Regular Large-Scale Amendment Regular Large-Scale Amendments require two sets of public hearings, transmittal hearings and adoption hearings. 1.Transmittal Public Hearings: •The EAC shall hold at least 1 advertised public hearing, if required. •The Planning Commission shall hold at least 1 advertised public hearing. •The BCC shall hold at least 1 advertised transmittal public hearing. 2.Adoption Public Hearings: •The EAC shall hold at least 1 advertised public hearing, if required. •The Planning Commission shall hold at least 1 advertised public hearing. •The BCC shall hold at least 1 advertised adoption public hearing. Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning Commission. Review Process 1. Transmittal of Amendment to DEO: •The Comprehensive Planning Section will review the application, identify whether additional materials are needed, prepare a Staff Report, and schedule a hearing date before the EAC, if required, and the Planning Commission to present the petition for review. •Following the recommendation by the Planning Commission, the Comprehensive Planning Section will prepare an Executive Summary and schedule a hearing date before the BCC to present the petition for review. •Small-Scale Amendments are not subject to a review by DEO and may be adopted by the BCC at the first advertised public hearing. A Regular Large- Exhibit A Page 4 of 7 CAO 16.A.1.a Packet Pg. 421 Attachment: Resolution - Admin Code Amendment from CAO- 1.28.20 (12103 : Administrative Code for Land Development Amendments) Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures Revised: 5/15/2020 Scale Amendment is reviewed by the BCC at a transmittal hearing and if approved, the amendment is sent to DEO and other review agencies for review in accordance with F.S. § 163.3184(3) and (4). 2.Adoption of Amendment: •Following review by DEO and other review agencies, the Comprehensive Planning Section will prepare a Staff Report, and schedule a hearing date before the EAC, if required, and the Planning Commission to present the amendment and comments from DEO and other review agencies for review. Following the recommendation by the EAC, if required, and the Planning Commission, the Comprehensive Planning Section will prepare an Executive Summary and schedule an adoption hearing before the BCC. If the amendment is adopted, the amendment is sent to DEO and the review agencies in accordance with F.S. § 163.3184(3) and (4). Criteria The plan amendment must be consistent with the applicable portions of the Collier County Growth Management Plan, F.S. § 163.3164, et seq., the State Comprehensive Plan, and the Southwest Florida Strategic Regional Policy Plan published by the Southwest Florida Regional Planning Council. Effective Date  See F.S. § 163.3184(3) and (4).  See F.S. § 163.3191 if the plan amendment is an update that results from an evaluation and appraisal report. Appeals Affected persons may file an administrative challenge as described in F.S. § 163.3184(5). Small-scale amendments may be administratively challenged pursuant to F.S. § 163.3187(5) (a). Updated Exhibit A Page 5 of 7 CAO 16.A.1.a Packet Pg. 422 Attachment: Resolution - Admin Code Amendment from CAO- 1.28.20 (12103 : Administrative Code for Land Development Amendments) Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures Revised: 5/15/2020 I.6 Nominal Alteration Plan (NAP) Reference LDC section 10.02.03 G.3. and other provisions of the LDC. Applicability This process provides for a nominal change to a site development plan (SDP), site improvement plan (SIP), or to an existing site in which there is no site development plan. A nominal alteration plan shall meet the criteria identified in LDC section 10.02.03 G.3. Pre-Application A pre-application meeting is not required, but the applicant must obtain pre-submittal authorization from the Development Review Division. Initiation The applicant files an “Nominal Alteration Plan” application with the Development Review Division. Application Contents The application must include the following: 1.Applicant contact information. 2.Property information, including: •Project name; •Most recent approved Site Plan number; •Section, township, and range; and •Property identification number. 3.Addressing checklist. 4.Determination from the County Manager or designee that confirms the requested revisions qualify for the Nominal Alteration Plan. 5.Cover letter describing in detail the proposed changes, including any discussions with the assigned planner that may be pertinent to the review of the application. 7.Affidavit of Authorization. 8.Proposed Nominal Alteration Plan. Plan Requirements Sheet size: The Nominal Alteration Plan and the cover sheet (if required), shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, showing the areas affected by the change. The sheet must clearly show the change “clouded” and clearly delineate the area and scope of the work to be done. 1.For projects that have an existing SDP or SIP, the NAP is only required to show the plan sheets that have changed. 2.For projects that do not have an existing SDP or SIP, a cover sheet with the following information is required: •The project title; •Applicant contact information; •Name, address, and telephone number of property owner; •Zoning designation; Exhibit A Page 6 of 7 CAO 16.A.1.a Packet Pg. 423 Attachment: Resolution - Admin Code Amendment from CAO- 1.28.20 (12103 : Administrative Code for Land Development Amendments) Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures Revised: 5/15/2020 •Vicinity map clearly identifying the location of the development and its relationship to the surrounding community; and •Legal description; and •Property identification number(s) for the subject property. Completeness and Processing of Application The Planning & Zoning Department will review the application for completeness. After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding t he petition. Notice No notice is required. Public Hearing No hearing is required. Decision Maker The County Manager or designee may approve. Review Process The Development Review Division will review the application, identify whether additional materials are needed and approve, approve with conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Updated Exhibit A Page 7 of 7 CAO 16.A.1.a Packet Pg. 424 Attachment: Resolution - Admin Code Amendment from CAO- 1.28.20 (12103 : Administrative Code for Land Development Amendments) 1 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 6-09-2020.docx REV. 5/15/2020 LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190001257 SUMMARY OF AMENDMENT This amendment codifies the Nominal Alteration Plan process, a more streamlined review of limited, minor changes to approved SDPs and SIPs, or to sites without an existing SDP or SIP. LDC SECTIONS TO BE AMENDED 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof ORIGIN Growth Management Department HEARING DATES BCC: 03/10/20 & 06/09/20 CCPC: 11/21/19 DSAC: 08/07/19 DSAC-LDR: 06/18/19 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval DSAC Approval CCPC Approval BACKGROUND Currently, all development, except as identified in LDC section 10.02.03 A.3, is required to comply with an approved Site Development Plan (SDP) or Site Improvement Plan (SIP) prior to a building permit or certificate of occupancy being issued. This requirement ensures that all development is designed and constructed in compliance with all the relevant provisions of the LDC. Throughout the development process, development plans may change, or errors may be found in approved SDPs or SIPs, requiring an amendment or insubstantial change. Frequently, proposed changes to these plans would have minimal impacts to the overall development and do not warrant the same level of review as SDPs, SIPs, or amendments thereof. In these instances, staff has used an alternative process that allows for limited staff review, abbreviated review timeframes (five days), lower fees, and the ability to exchange sheets without resubmitting the entire plan set when appropriate. In conjunction with an Administrative Code amendment (See Attachment A), this LDC amendment codifies the Nominal Alteration Plan (NAP) process, for certain types of scrivener’s errors that do not include changes to the site layout, and the following four changes or modifications: • Mechanical air equipment and subsequent concrete pads; • Permanent emergency generators; • Above- or below-ground fuel tanks; or • Carports or shade structures that do not increase impervious area calculations. DSAC-LDR Subcommittee Recommendation The DSAC-LDR Subcommittee recommended approval of the LDC amendment, as presented. DSAC Recommendation The DSAC recommended approval of the LDC amendment, as presented. 16.A.1.b Packet Pg. 425 Attachment: Companion LDCA Nominal Alteration Plan (12103 : Administrative Code for Land Development Amendments) 2 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 6-09-2020.docx REV. 5/15/2020 CCPC Recommendation The CCPC recommended approval of the LDC amendment, as presented. FISCAL & OPERATIONAL IMPACTS This amendment codifies an existing review process, therefore there are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. ATTACHMENTS: A) Proposed Administrative Code Section 16.A.1.b Packet Pg. 426 Attachment: Companion LDCA Nominal Alteration Plan (12103 : Administrative Code for Land Development Amendments) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 6-09-2020.docx REV. 5/15/2020 Amend the LDC as follows: 1 10.02.03 - Requirements for Site Development, Site Improvement Plans and Amendments 2 thereof 3 4 A. Generally. 5 6 1. Purpose. The intent of this section is to ensure compliance with the appropriate 7 land development regulations prior to the issuance of a building permit. This 8 section is further intended to ensure that the proposed development complies 9 with fundamental planning an d design principles such as: consistency with the 10 county's growth management plan; the layout, arrangement of buildings, 11 architectural design and open spaces; the configuration of the traffic circulation 12 system, including driveways, traffic calming devices, parking areas and 13 emergency access; the availability and capacity of drainage and utility facilities; 14 and, overall compatibility with adjacent development within the jurisdiction of 15 Collier County and consideration of natural resources and proposed impac ts on 16 those resources. 17 18 2. Applicability. All development, except as identified in LDC section 10.02.03 A.3, 19 is subject to the provisions of this section. 20 21 a. No building permit or certificate of occupancy shall be issued except in 22 compliance with the following:approved site development plan, site 23 improvement plan, amendment thereof, or pursuant to an approved 24 Early Construction Authorization permit. 25 i. Approved site development plan or site improvement plan, and 26 amendment thereof; 27 28 ii. Approved nominal alteration plan; or 29 30 iii. Approved early construction authorization permit. 31 32 b. No final local development order shall be issued or renewed for any 33 regulated development that would allow development or change in use 34 in violation of the LDC. 35 36 c. All final local development orders issued in violation of the LDC are 37 deemed invalid, and shall not confirm or vest any development right or 38 property interest on the owner/operator or regulated development. 39 40 d. Violation of the terms identified in the approved site development plan, 41 site improvement plan, and amendments thereof shall constitute a 42 violation of the LDC. 43 44 45 * * * * * * * * * * * * * 46 47 E. Site Improvement Plan Requirements (SIP). 48 49 16.A.1.b Packet Pg. 427 Attachment: Companion LDCA Nominal Alteration Plan (12103 : Administrative Code for Land Development Amendments) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 6-09-2020.docx REV. 5/15/2020 1. Criteria for site improvement plan review. A site improvement plan may be 1 reviewed if the development proposal meets all of the following criteria: 2 3 a. The project involves a site which is currently improved with principal 4 structures, parking facilities, water and sewer services, and defined 5 ingress/egress. 6 7 b. The proposed use will not require an expansion of the existing 8 impervious areas to a degree which would require an engineering review 9 or otherwise affect on-site surface water management facilities as may 10 be documented by waiver letters from the South Florida Water 11 Management District or Collier County where applicable. 12 13 c. Written documentation from appropriate agencies acknowledging that 14 water and sewer services are available at the site and are adequate to 15 serve the proposed use. 16 17 d. Public utility ancillary systems in Collier County will be permitted as 18 insubstantial changes to the Site Development Plan or Site Improvement 19 Plan approved for the water treatment plant, wastewater treatment plant 20 or other facility to which the public utility ancillary systems are 21 subordinate, provided that the requirements of Section 5.05.12 are met. 22 More than one (1) ancillary use may be permitted with one (1) application 23 provided that all uses are connected by the same pipeline. The 24 insubstantial change submittal shall include a signed and sealed 25 boundary survey of the property or lease parcel; a copy of recorded deed 26 or lease agreement; a recent aerial photograph of the project area; a 27 master plan showing all public utility ancillary systems subordinate to the 28 main water treatment plant, wastewater treatment facility, or irrigation 29 quality (IQ) system; and a site plan prepared on a twenty -four inch by 30 thirty-six inch sheet drawn to scale and setting forth the following 31 information: 32 33 i. The project title, utility owner, address and telephone number. 34 35 ii. Legal description, scale, and north arrow. 36 37 iii. Zoning designation of the subject site(s) and adjacent sites and 38 the proposed use of the subject site. 39 40 iv. Location, configuration and dimensions of all building and lot 41 improvements. 42 43 v. Location and dimension of access point(s) to the site. 44 45 vi. Location of existing and proposed landscaping with 46 specifications as to size, quantity and type of vegetation. 47 48 vii. All required and provided setbacks and separations between 49 structures in matrix form. 50 51 16.A.1.b Packet Pg. 428 Attachment: Companion LDCA Nominal Alteration Plan (12103 : Administrative Code for Land Development Amendments) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 6-09-2020.docx REV. 5/15/2020 viii. Any additional relevant information as may be required by the 1 County Manager or designee. 2 3 e. The change does not otherwise qualify for a Nominal Alteration Plan 4 (NAP), identified in LDC section 10.02.03 G.3. 5 6 23. Application for site improvement plans. A pre -application meeting shall be 7 conducted by the County Manager or designee, prior to the submission of any 8 site improvement plan for review. This meeting may be waived by the County 9 Manager or designee upon the r equest of the applicant. 10 11 a. The Administrative Code shall establish the process and submittal 12 requirements for site improvement plans. 13 14 b. Projects subject to the provisions of LDC section 5.05.08 shall submit 15 architectural drawings that are signed and sealed by a licensed architect 16 registered in the State of Florida. 17 18 c. The engineering plans shall be signed and sealed by the applicant's 19 professional engineer, licensed to practice in the State of Florida. 20 21 d. The landscaping plans shall be signed and sealed by the applicant's 22 landscape architect, registered in the State of Florida. 23 24 34. Site improvement plan completion. Upon completion of the required 25 improvements associated with a site improvement plan, and prior to the 26 issuance of a certificate of occupancy, the applicant's engineer shall provide a 27 completion certificate as to the improvements, together with all applicable items 28 referenced in LDC section 10.02.05 B.2. Upon a satisfactory inspection of the 29 improvements, a certificate of occupancy may then be issued. 30 31 * * * * * * * * * * * * * 32 33 G. Amendments and insubstantial changes. Any proposed change or amendment to a 34 previously approved site development plan shall be subject to review and approval by 35 the County Manager or designee. Upon submittal of a plan clearly illustrating the 36 proposed change, the County Manager or designee shall determine whether or not it 37 constitutes a substantial change. In the event th e County Manager or designee 38 determines the change is substantial, the applicant shall be required to follow the 39 review procedures set forth for a new site development plan. 40 41 1. Site development plan amendments (SDPA). A substantial change, requiring a 42 site development plan amendment, shall be defined as any change which 43 substantially affects existing transportation circulation, parking or building 44 arrangements, drainage, landscaping, buffering, identified 45 preservation/conservation areas and other site development plan 46 considerations. 47 48 2. Site development plan insubstantial changes (SDPI). The County Manager or 49 designee shall evaluate the proposed change in relation to the following criteria; 50 for purposes of this section, the insubstantial change procedure shall be 51 16.A.1.b Packet Pg. 429 Attachment: Companion LDCA Nominal Alteration Plan (12103 : Administrative Code for Land Development Amendments) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 6-09-2020.docx REV. 5/15/2020 acceptable where the following conditions exist with respect to the proposed 1 change: 2 3 a. There is no South Florida Water Management District permit, or letter of 4 modification, needed for the work and there is no major impact on water 5 management as determined by the Engineering Services Director. 6 7 b. There is no new access proposed from any public street, however minimal 8 right-of-way work may be permitted as determined by the Transportation 9 Planning Director. 10 11 c. There is no addition to existing buildings (air-conditioned space) proposed, 12 however a maximum area of 300 square feet of non-air-conditioned space 13 used for storage, or to house equipment, will be permitted. 14 15 d. There is no proposed change in building footprint or relocation of any 16 building on site beyond that needed to accommodate storage areas as 17 described in LDC section 10.02.03 G.2.c, above. 18 19 e. The change does not result in an impact on, or reconfiguration of, preserve 20 areas as determined by the Natural Resource Director. 21 22 f. The change does not result in a need for additional environmental data 23 regarding protected species as determined by the Natural Resources 24 Director. 25 26 g. The change does not include the addition of any accessory structure that 27 generates additional traffic as determined by the Transportation Planning 28 Director, impacts water management as determined by the Engineering 29 Services Director, or contains air-conditioned space. 30 31 h. There are no revisions to the existing landscape plan that would alter or 32 impact the site development plan (as opposed to only the landscape plan) 33 as determined by the landscape architect. 34 35 i. The change does not otherwise qualify for a Nominal Alteration Plan 36 (NAP), identified in LDC section 10.02.03 G.3., below. 37 38 3. Nominal Alteration Plan (NAP). The NAP can be utilized for changes to projects 39 that have an existing and approved SDP or SIP, and to projects that do not have 40 an existing SDP or SIP. The NAP is limited to one or more of the following 41 changes: 42 43 a. The proposed change corrects a scrivener’s error to an existing and 44 approved site development plan, or site improvement plan, and does not 45 propose an addition to, or modification, of the site layout. This includes the 46 following: 47 48 i. Correction to the building square footage or building construction 49 type; 50 16.A.1.b Packet Pg. 430 Attachment: Companion LDCA Nominal Alteration Plan (12103 : Administrative Code for Land Development Amendments) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 6-09-2020.docx REV. 5/15/2020 1 ii. Correction to the parking summary; or 2 3 iii. Addressing changes. 4 5 b. The proposed addition or modification is limited to the following: 6 7 i. Mechanical air equipment and subsequent concrete pads; 8 9 ii. Permanent emergency generators; 10 11 iii. Above- or below-ground fuel tanks; or 12 13 iv. Carports or shade structures that do not increase impervious area 14 calculations. 15 16 * * * * * * * * * * * * * 17 # # # # # # # # # # # # # 18 16.A.1.b Packet Pg. 431 Attachment: Companion LDCA Nominal Alteration Plan (12103 : Administrative Code for Land Development Amendments) Attachment A – Proposed Administrative Code Section DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures 8 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 6-09-2020.docx REV. 5/15/2020 I.6 Nominal Alteration Plan (NAP) Reference LDC section 10.02.03 G.3. and other provisions of the LDC. Applicability This process provides for a nominal change to a site development plan (SDP), site improvement plan (SIP), or to an existing site in which there is no site development plan. A nominal alteration plan shall meet the criteria identified in LDC section 10.02.03 G.3. Pre-Application A pre-application meeting is not required, but the applicant must obtain pre-submittal authorization from the Development Review Division. Initiation The applicant files an “Nominal Alteration Plan” application with the Development Review Division. Application Contents The application must include the following: 1. Applicant contact information. 2. Property information, including: • Project name; • Most recent approved Site Plan number; • Section, township, and range; and • Property identification number. 3. Addressing checklist. 4. Determination from the County Manager or designee that confirms the requested revisions qualify for the Nominal Alteration Plan. 5. Cover letter describing in detail the proposed changes, including any discussions with the assigned planner that may be pertinent to the review of the application. 7. Affidavit of Authorization. 8. Proposed Nominal Alteration Plan. Plan Requirements Sheet size: The Nominal Alteration Plan and the cover sheet (if required), shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, showing the areas affected by the change. The sheet must clearly show the change “clouded” and clearly delineate the area and scope of the work to be done. 1. For projects that have an existing SDP or SIP, the NAP is only required to show the plan sheets that have changed. 2. For projects that do not have an existing SDP or SIP, a cover sheet with the following information is required: • The project title; 16.A.1.b Packet Pg. 432 Attachment: Companion LDCA Nominal Alteration Plan (12103 : Administrative Code for Land Development Amendments) Attachment A – Proposed Administrative Code Section DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures 9 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 6-09-2020.docx REV. 5/15/2020 • Applicant contact information; • Name, address, and telephone number of property owner; • Zoning designation; • Vicinity map clearly identifying the location of the development and its relationship to the surrounding community; and • Legal description; and • Property identification number(s) for the subject property. Completeness and Processing of Application The Planning & Zoning Department will review the application for completeness. After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No hearing is required. Decision Maker The County Manager or designee may approve. Review Process The Development Review Division will review the application, identify whether additional materials are needed and approve, approve with conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Updated 16.A.1.b Packet Pg. 433 Attachment: Companion LDCA Nominal Alteration Plan (12103 : Administrative Code for Land Development Amendments) 1 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 6-09-2020.docx REV. 5/15/2020 LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190001341 SUMMARY OF AMENDMENT This amendment clarifies the method of public notice for several petition types that require a public hearing. LDC SECTIONS TO BE AMENDED 10.03.06 Public Notice and Required Hearings for Land Use Petitions ORIGIN Growth Management Department HEARING DATES BCC: 3/10/20 & 6/09/20 CCPC: 11/21/19 & 12/19/19 DSAC: 8/09/19 DSAC-LDR: 6/18/19 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval DSAC Approval CCPC Approval BACKGROUND This proposed LDC amendment makes the following changes to the Public Notice section: 1.) Update the term ‘regular’ growth management plan (GMP) amendments to now be referred to as ‘large-scale’ GMP amendments. This change is for clarity in amendment type and with terminology used at the state level. This language has also been modified within the Administrative Code. 2.) Update LDC notice provisions for rezones, PUD amendments, and ordinances or resolutions for Comprehensive Plan amendments. For each of these petition types, the LDC requires the County to notify, by mail, each property owner within the area covered by the proposed ordinance or resolution. The proposed LDC Amendment removes this requirement for consistency with current internal policies. These changes have been reflected within the Administrative Code, where needed. 3.) Update the LDC notice provisions for a neighborhood information meeting (NIM) for large-scale, site-specific Comprehensive Plan Amendments to occur prior to the first Planning Commission hearing, as opposed to the adoption hearing which is the last round of public hearings for this petition type. This change is consistent with current internal policies and has been reflected within the Administrative Code. Previous versions of the corresponding Administrative Code updates did not accurately reflect this change but have now been corrected prior to Board review. 4.) The public notice requirements for a PUD Extension, as the PUD sunsetting process has been removed from the LDC, per Ordinance 2014-33. 16.A.1.c Packet Pg. 434 Attachment: Companion LDCA Public Notice (12103 : Administrative Code for Land Development Amendments) 2 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 6-09-2020.docx REV. 5/15/2020 DSAC-LDR Subcommittee Recommendation The DSAC-LDR Subcommittee recommended approval of the proposed LDC amendment with minor changes to the organization of LDC section 10.03.06 E.2.b. DSAC Recommendation The DSAC recommended approval of the proposed LDC amendment, as presented. CCPC Recommendation The CCPC recommended approval of the proposed LDC amendment, as presented. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. ATTACHMENTS: A) Proposed Administrative Code Updates 16.A.1.c Packet Pg. 435 Attachment: Companion LDCA Public Notice (12103 : Administrative Code for Land Development Amendments) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 6-09-2020.docx REV. 5/15/2020 Amend the LDC as follows: 1 10.03.06 - Public Notice and Required Hearings for Land Use Petitions 2 This section shall establish the requirements for public hearings and public notices. This section 3 shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative 4 Code, which further establishes the public notice procedures for land use petitions. 5 6 A. Ordinance or resolution that is initiated by County or a private entity which does not 7 change the zoning atlas or actual list of uses in a zoning category but does affect the 8 use of land, including, but not limited to, land development code regulations as defined 9 in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly 10 referred to as a LDC amendment. 11 12 * * * * * * * * * * * * * 13 14 B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For 15 minor conditional use notice requirements see 10.03.06 C, below and for County 16 initiated rezonings, see 10.03.06 K.: 17 18 1. The following advertised public hearings are required: 19 20 a. One Planning Commission hearing. 21 22 b. One BCC or BZA hearing. 23 24 2. The following notice procedures are required: 25 26 a. A NIM. See LDC section 10.03.05 A. 27 28 b. Mailed Notice prior to the first advertised public hearing. 29 30 c. Newspaper Advertisement prior to each advertised public hearing in 31 accordance with F.S. § 125.66. 32 33 d. Posting of a sign prior to the first advertised public hearing. 34 35 e. For a rezoning or a PUD amendment the County shall notify by mail 36 each owner within the area covered by the proposed ordinance or 37 resolution of the time, place, and location of the public hearing before 38 the BCC or BZA. 39 40 * * * * * * * * * * * * * 41 D. PUD extension, cConditional use extension, or conditional use re-review: 42 43 1. The following advertised public hearings are required: 44 a. One BZA or Hearing Examiner hearing. 45 46 2. The following notice procedures are required: 47 48 a. Mailed Notice prior to the advertised public hearing. 49 16.A.1.c Packet Pg. 436 Attachment: Companion LDCA Public Notice (12103 : Administrative Code for Land Development Amendments) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 6-09-2020.docx REV. 5/15/2020 b. Newspaper Advertisement prior to the advertised public hearing. 1 2 c. Posting of a sign prior to the advertised public hearing. Signage is not 3 required for a conditional use re-review. 4 5 E. Ordinance or resolution for comprehensive plan amendments: 6 7 1. The following advertised public hearings are required: 8 9 a. One or more Planning Commission hearings pursuant to F.S. Chapter 10 163. 11 12 b. One or more BCC hearings pursuant to F.S. Chapter 163. 13 14 2. The following notice procedures are required: 15 16 a. Small-scale amendments: 17 i. A NIM. See LDC section 10.03.05 A., which shall be held after 18 the first set of staff review comments have been issued and prior 19 to the Planning Commission hearing. 20 21 ii. Mailed Notice prior to the advertised Planning Commission 22 hearing. 23 24 iii. Newspaper Advertisement prior to each advertised public 25 hearing. 26 27 iv. Posting of a sign prior to the advertised Planning Commission 28 hearing. 29 30 v. Mailed Notice shall be sent to each real property owner within the 31 area covered by the proposed plan amendment prior to the 32 advertised BCC public hearing. 33 34 b. RegularLarge-scale amendments: 35 36 i. A NIM, which shall be held after the first set of staff review 37 comments have been issued and prior to the Planning 38 Commission adoption hearing for a site specific amendment. 39 40 ii. Mailed Notice prior to the advertised Planning Commission 41 hearing for a site specific amendment. 42 43 iii. Newspaper Advertisement prior to each advertised public 44 hearing. 45 46 iv. Posting of a sign prior to the advertised Planning Commission 47 hearing for a site specific amendment. 48 49 16.A.1.c Packet Pg. 437 Attachment: Companion LDCA Public Notice (12103 : Administrative Code for Land Development Amendments) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 6-09-2020.docx REV. 5/15/2020 v. Mailed Notice shall be sent to each real property owner within the 1 area covered by the proposed plan amendment prior to the 2 advertised BCC public hearing. 3 i. For all large-scale amendments, a Newspaper Advertisement 4 prior to each advertised public hearing. 5 6 ii. For large-scale amendments that are site-specific, the additional 7 notice procedures are required: 8 9 a) A NIM. See LDC section 10.03.05 A. 10 11 b) Mailed Notice prior to the advertised Planning 12 Commission hearing. 13 14 c) Posting of a sign prior to the advertised Planning 15 Commission hearing. 16 * * * * * * * * * * * * * 17 # # # # # # # # # # # # # 18 16.A.1.c Packet Pg. 438 Attachment: Companion LDCA Public Notice (12103 : Administrative Code for Land Development Amendments) Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures 6 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 6-09-2020.docx REV. 5/15/2020 A. Comprehensive Plan Amendment Reference F.S. § 163.3177 – 163.3187, 125.66 and LDC Public Notice subsection 10.03.06 E and the Collier County Growth Management Plan (GMP).  Note: The Florida Department of Economic Opportunity (DEO) website contains procedures, forms, and technical assistance regarding State of Florida review and requirements. For State related Comprehensive Plan Amendment information refer to: http://www.floridajobs.org/community-planning-and- development/programs/comprehensive-planning. Applicability This procedure applies to a request to amend the GMP whet her initiated by the County or a private landowner. A comprehensive plan amendment does not authorize development. There are several categories of plan amendments, including but not limited to: • Small-Scale Amendment: A plan amendment that involves 10 acres or less and other criteria set out in F.S. § 163.3187(1). o Generally, small scale amendments are for maps and may include text changes. o Small-scale amendments that involve 10 acres or less may be site- specific amendments. • Regular Large-Scale Amendment: A plan amendment that changes the goals, objectives and policies; a map change; or any other material in the plan, and falls within one of the categories described in F.S. § 163.3184(2) and 163.3184(3). o Regular Large-scale amendments may be site-specific amendments. • DRI Companion Amendment: A plan amendment that is directly related to a DRI. This is processed concurrent with the DRI application. See Chapter 3 D.3 of the Administrative Code for more information. Pre-Application A pre-application meeting is required. Initiation The applicant files an “Application for a Request to Amend the Collier County Growth Management Plan” with the Comprehensive Planning Section of the Planning and Zoning Division. Application Contents The application shall include the draft amendment text and/or map amendment and all data and supporting materials that justify the amendment.  Note: Refer to F.S. § 163.3163 et. seq. for State requirements. Completeness and Processing of Application The Comprehensive Planning Department will review the application for completeness. After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for 16.A.1.c Packet Pg. 439 Attachment: Companion LDCA Public Notice (12103 : Administrative Code for Land Development Amendments) Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures 7 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 6-09-2020.docx REV. 5/15/2020 the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice – Small-Scale Amendment for Map and/or Text Changes Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the first advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 13. Newspaper Advertisement: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC public hearings dates in a newspaper of general circulation. The advertisements shall include at a minimum: • Clear explanation of the proposed ordinance or resolutionas it affects the subject property; • Date, time, and location of one or more public hearings; and • 2 in. x 3 in. map of the project location.; and • The required advertisements must be at least 2 columns wide by 10 inches long, in a standard size or a tabloid size newspaper, and the headline in the advertisements must be in a type no smaller than 18 point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisements shall be placed in a newspaper of general paid circulation. 4. Sign: (see format below) Posted at least 15 days prior to the advertised Planning Commission hearing. 16.A.1.c Packet Pg. 440 Attachment: Companion LDCA Public Notice (12103 : Administrative Code for Land Development Amendments) Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures 8 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 6-09-2020.docx REV. 5/15/2020 Notice –Site Specific Large-Scale Amendment for Site-Specific Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be held after the first set of staff review comments have been issued and completed at least 15 days before the first advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. The NIM is only for site-specific amendments. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC transmittal and adoption public hearings in a newspaper of general circulation. The advertisement shall include at a minimum: • Clear explanation of the proposed ordinance or resolution as it affects the subject property; • Date, time, and location of one or more public hearings; and • 2 in. x 3 in. map of the project location., if site specific; and • The required advertisements must be at least 2 columns wide by 10 inches long, in a standard size or a tabloid size newspaper, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisements shall be placed in a newspaper of general paid circulation. 4. Mailed Notice: The County shall send written notice by mail to each real property owner within the area covered by the proposed plan amendment at least 15 days before the advertised BCC public hearing date. 16.A.1.c Packet Pg. 441 Attachment: Companion LDCA Public Notice (12103 : Administrative Code for Land Development Amendments) Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures 9 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 6-09-2020.docx REV. 5/15/2020 54. Sign: (see format below) Posted at least 15 days prior to the advertised public hearings. Two distinct signs shall be posted for the transmittal hearings and the adoption hearings. The first sign shall be posted before the first Planning Commission hearing on the GMP transmittal to DEO. A second sign shall be posted before the Planning Commission hearing on the GMP adoption. Notice – Regular Large-Scale Amendment Not Site-Specific Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC transmittal and adoption public hearings in a newspaper of general circulation. The advertisement shall include at a minimum: • Clear explanation of the proposed ordinance or resolution as it affects the subject property; and • Date, time, and location of one or more public hearings.; • 2 in. x 3 in. map of the project location; and • The required advertisements must be at least 2 columns wide by 10 inches long, in a standard size or a tabloid size newspaper, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisements shall be placed in a newspaper of general paid circulation. Public Hearings for Small Scale Amendment 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. 16.A.1.c Packet Pg. 442 Attachment: Companion LDCA Public Notice (12103 : Administrative Code for Land Development Amendments) Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures 10 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 6-09-2020.docx REV. 5/15/2020 Public Hearing for Regular Large-Scale Amendment Regular Large-Scale Amendments require two sets of public hearings, transmittal hearings and adoption hearings. 1. Transmittal Public Hearings: • The EAC shall hold at least 1 advertised public hearing, if required. • The Planning Commission shall hold at least 1 advertised public hearing. • The BCC shall hold at least 1 advertised transmittal public hearing. 2. Adoption Public Hearings: • The EAC shall hold at least 1 advertised public hearing, if required. • The Planning Commission shall hold at least 1 advertised public hearing. • The BCC shall hold at least 1 advertised adoption public hearing. Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning Commission. Review Process 1. Transmittal of Amendment to DEO: • The Comprehensive Planning Section will review the application, identify whether additional materials are needed, prepare a Staff Report, and schedule a hearing date before the EAC, if required, and the Planning Commission to present the petition for review. • Following the recommendation by the Planning Commission, the Comprehensive Planning Section will prepare an Executive Summary and schedule a hearing date before the BCC to present the petition for review. • Small-Scale Amendments are not subject to a review by DEO and may be adopted by the BCC at the first advertised public hearing. A Regular Large- Scale Amendment is reviewed by the BCC at a transmittal hearing and if approved, the amendment is sent to DEO and other review agencies for review in accordance with F.S. § 163.3184(3) and (4). 2. Adoption of Amendment: • Following review by DEO and other review agencies, the Comprehensive Planning Section will prepare a Staff Report, and schedule a hearing date before the EAC, if required, and the Planning Commission to present the amendment and comments from DEO and other review agencies for review. Following the recommendation by the EAC, if required, and the Planning Commission, the Comprehensive Planning Section will prepare an Executive Summary and schedule an adoption hearing before the BCC. If the amendment is adopted, the amendment is sent to DEO and the review agencies in accordance with F.S. § 163.3184(3) and (4). Criteria The plan amendment must be consistent with the applicable portions of the Collier County Growth Management Plan, F.S. § 163.3164, et seq., the State Comprehensive Plan, and the Southwest Florida Strategic Regional Policy Plan published by the Southwest Florida Regional Planning Council. 16.A.1.c Packet Pg. 443 Attachment: Companion LDCA Public Notice (12103 : Administrative Code for Land Development Amendments) Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures 11 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 6-09-2020.docx REV. 5/15/2020 Effective Date  See F.S. § 163.3184(3) and (4).  See F.S. § 163.3191 if the plan amendment is an update that results from an evaluation and appraisal report. Appeals Affected persons may file an administrative challenge as described in F.S. § 163.3184(5). Small-scale amendments may be administratively challenged pursuant to F.S. § 163.3187(5) (a). Updated 16.A.1.c Packet Pg. 444 Attachment: Companion LDCA Public Notice (12103 : Administrative Code for Land Development Amendments)