Resolution 2020-088RESOLUTION NO. 2020 - -g_
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.
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SECTION TWO: EFFECTIVE DATE
This Resolution shall become effective on the date of adoption by the Board.
THIS RESOLUTION ADOPTED by majority vote this l day of U ii C , 2020.
ATTEST:
�CR"MV- , aKINZEL, CLERK
Clerk
raa►1.Ja.:.$IP aV Y Pn nrwll V
Approved. 'io form and legality:
HFAC
Heidi F. Ashton-Cicko 5-18-20
Managing Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
BURT L. SAUNDERS, CHAIRMAN
Attachments: Exhibit A — Chapter 2, Section A, "Comprehensive Plan Amendment"
Chapter 4, Section I.6. "Nominal Alteration Plan (NAP)"
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Exhibit A
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 2 / Legislative Procedures
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).
0 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.florida'obs.org/community-planning-and-
development/programs/comprehensive-planning.
Applicability
This procedure applies to a request to amend the GMP whether 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.
• RegulaF 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 Regina 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. C*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
The application shall include the draft amendment text and/or map amendment and all
Contents
data and supporting materials that justify the amendment.
4 Note: Refer to F.S. § 163.3163 et. seq. for State requirements.
Completeness and
The Comprehensive Planning Department will review the application for completeness.
Processing of
After submission of the completed application packet accompanied with the required
Application
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.
Revised: 5/15/2020
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Exhibit A
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 2 / Legislative Procedures
Notice — Notification reauirements are as follows. p see Chapter 8 of the Administrative Code for
Small -Scale additional notice information.
Amendment for 1. NIM: The NIM shall be completed at least 15 days before the first advertised
Map and/or Text Planning Commission hearing. The NIM shall be advertised and a mailed written
Changes 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 8F Feselutionas 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,-
4_. Sign: (see format below) Posted at least 15 days prior to the advertised Planning
Commission hearing.
PUBLIC HEARING FOR AN AMENDMENT TO THE
COMPREHENSIVE PLAN
PETITION NUMBER:
TO ALLOW:
(Request -Sufficiently clear to describe the project)
LOCATION: _________
DATE: TIME
CONTACT:
THE ABOVE TO BE HELD IN THE BOARD OF COUNTY
COMMISSIONERS CHAMBERS, THIRD FLOOR, COLLIER
COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL
EAST, NAPLES, FLORIDA, 34112.
Notice—Qi•�Gifie Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for
Large -Scale additional notice information.
Amendment for 1. NIM: The NIM shall be held after the first set of staff review comments have been
Site -Specific issued and :c pieteo at least 15 days before the first advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall
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Exhibit A
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Collier County Land Development Code I Administrative Procedures Manual
Chapter / Legislative Procedures
be given to property owners in the notification area at least 15 days prior to the
NIM meeting. The NIM ; my fee site ,.,a,.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.
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
4.
&4. 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.
PUBLIC HEARING FOR AN AMENDMENT TO THE
COMPREHENSIVE PLAN
PETITION NUMBER:
TO ALLOW:
(Request -Sufficiently clear to describe the project)
LOCATION:
DATE: TIME:
CONTACT:
THE ABOVE TO BE HELD IN THE BOARD OF COUNTY
COMMISSIONERS CHAMBERS, THIRD FLOOR, COLLIER
COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL
EAST, NAPLES, FLORIDA, 34112.
Notice — Notification reauirements are as follows. p see Chapter 8 of the Administrative Code for
additional notice information.
Revised: 5/15/2020
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Exhibit A
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 2 / Legislative Procedures
RegulaF Large -Scale 1. Newspaper Advertisements: The legal advertisements shall be published at least 15
Amendment Not days before the Planning Commission and BCC transmittal and adoption public
Site -Specific 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„
Public Hearings for 1. The EAC shall hold at least 1 advertised public hearing, if required.
Small Scale
Amendment 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 Amendments require two sets of public hearings, transmittal
RegulaF Large -Scale hearings and adoption hearings.
Amendment 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 DEC:
• 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 Regu'aF Large -
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Exhibit A
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 2 / Legislative Procedures
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 p See F.S. § 163.3184(3) and (4).
C* 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
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Exhibit A
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 4 / Administrative Procedures
I.6 Nominal Alteration Plan (NAPI
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 AAPre-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 The application must include the following:
Contents
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 Countv Manager or designee that confirms the requested
revisions qualify for the Nominal Alteration Plan.
S. 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;
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Exhibit A Page 7 of 7
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 4 / Administrative Procedures
• 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 The Planning & Zoning Department will review the application for completeness. After
Processing of submission of the completed application packet accompanied with the required fee, the
Application 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
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