Resolution 2020-203 RESOLUTION NO. 2020 -203
A RESOLUTION AMENDING ORDINANCE NO. 2004-66, AS
AMENDED, THAT CREATED AN ADMINISTRATIVE CODE FOR
LAND DEVELOPMENT, BY AMENDING CHAPTER THREE, QUASI-
JUDICIAL PROCEDURES WITH A PUBLIC HEARING, MORE
SPECIFICALLY TO AMEND SECTION G.6., ZONING
VERIFICATION LETTER — PUD COMPARABLE USE
DETERMINATION, TO REMOVE THE COMPARABLE USE
DETERMINATIONS FROM THE ZONING VERIFICATION
PROCESS AND CREATE A NEW PROCESS; AND PROVIDING AN
EFFECTIVE DATE. [PL20190000389]
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 remove the Comparable Use determinations from the Zoning Verification process and create a
new process, 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
reflected in attached Exhibit "A".
SECTION ONE: CHAPTER 3, SECTION G.6
Chapter 3, Section G.6 of the Administrative Code for Land Development is hereby
amended as reflected in attached Exhibit"A".
10/26/2020[19-LDS-00067/1576187/1] 10/10/15/2020 4/20/18
SECTION TWO: EFFECTIVE DATE
This Resolution shall become effective on the date of adoption by the Board.
THIS RESOLUTION ADOPTED bymajorityvote this
i 14\ day of 1\6 eM+XC, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: Y rt_ tt,. � �.*; By: i4e414/....AGIGA•if-e—
Attest aVffil* BURT L. SAUNDERS, CHAIRMAN
Approved as to form and legality:
VIT
I- ) I —— ' '.4 °\1)
Heidi F. As ton-Cicko V
Managing Assistant County Attorney
Attachments: Exhibit A—Chapter 3, Section G.6 —"Zoning Verification—PUD Comparable
Use Determination
10/26/2020[19-LDS-00067/1576187/1] 10/10/15/2020 4/20/18
Exhibit A
6L. Zoning Verification Letter PUD Comparable Use Determination
Reference LDC subsections 2.03.00 A, 10.02.06 iK, LDC Public Notice subsection 10.03.06 0, LDC
section 8.10.00 and F.S. §125.66.
Applicability A Zoning Verification LetterComparable Use Determination may be used to make a
determination that a new use is comparable, compatible, and consistent with the list of
identified permitted and conditional uses in a standard zoning district, overlay, or a PUD
ordinance. Depending on PUD ordinance language, one of the following methods of
consent by the H aring Examiner will occur:
1. If the PUD ordinance language identifies the BZA as the authority to determine a use
is comparable, compatible, and consistent, the Zoning Verification Letter will be
brought to Hearing Examiner for approval of the determination.
2. If the PUD ordinance language identifies the Planning Director (or other similar
County staff) as the authority to determine a use is comparable, compatible, and
consistent, the Zoning Verification Letter will be brought to H aring Examiner for
affirmation of the determination.
Pre-Application A pre-application meeting is not required.
Initiation The applicant files a "Zoning Verification LetterComparable Use Determination
Application"with the Planning&Zoning Division.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Property information, including:
• Site folio number;
• Site Address;
• Property owner's name;and
• Verification being requested.
3. A narrative statement that describes tThe determination requestLar4 the
justification for the use by a certified land use planner or a land use attorney, and
addresses the standards within LDC section 10.02.06 K.2.
4. Additional materials may be requested by staff depending on the use and justification
provided.
5. PUD Ordinance and Development Commitment information, if applicable.
6. Electronic copies of all documents.
7. Addressing checklist.
Completeness The Planning & Zoning Division will review the application for completeness. After
and Processing submission of the completed application packet accompanied with the required fee,the
of 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., XXPL201200000) assigned to the petition. This
9
Exhibit A
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for
additional notice information.
1. Newspaper Advertisement: At least 15 days before the hearing in a newspaper of
general circulation.The legal advertisement shall include:
• Date,time, and location of the hearing;
• Application number and project name;
• PUD name and ordinance number;
• Proposed permitted use;and
• Whether+hc .ill be a ,ed r, affir e d by the Hearing C.,-...finer;an d
i
• Description of location.
Public Hearing 1. The Hearing Examiner or the CCPC shall hold at least 1 advertised public hearing.
C'See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner or the CCPC.
If the PUD ordinance language identifies the CCPC or the Planning Director (or other
similar County staff)as the authority to determine a use is comparable,compatible,and
consistent, a Staff Report will be presented to the Hearing Examiner or the CCPC for
approval of the Comparable Use Determination.
Review Process The Planning & Zoning Division will review the application and identify whether
additional materials are needed. Staff will prepare a Staff Report to present to the Office
of the Hearing Examiner or the CCPC for a decision.
Appeal Appeal of a Comparable Use Determination shall be pursuant to Code of Laws and
Ordinances section 250-58.
Updated
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