Resolution 2023-029 RESOLUTION NO. 2023-29
A RESOLUTION AMENDING ORDINANCE NO. 2004-66, AS
AMENDED, THAT CREATED AN ADMINISTRATIVE CODE, TO
REVISE THE PROCEDURES FOR COMPARABLE USE
DETERMINATIONS, AND PROVIDING AN EFFECTIVE DATE.
[PL20220000207]
WHEREAS, the Board of County Commissioners 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 for Land Development shall be made by resolution adopted by the Board;
and
WHEREAS, the Board desires to revise the Administrative Code for Land Development,
to revise the procedures for comparable use determinations, as detailed in Exhibit "A" attached
hereto and incorporated herein.
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
Exhibit"A" attached hereto and incorporated herein.
This Resolution shall become effective on the date of adoption by the Board.
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THIS RESOLUTION ADOPTED b ma'orit vote this r f
y � y � dayof �e7rKa1,
2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K,.KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: l,',(` 1 0. I . By:
;pu l Clerk Rick LoCastro, Chairman
Attest as td Ga 'na t
signaturq:piA0 ;
Approved as to form and legality:
H idi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A: Chapter 3, Section L— Comparable Use Determination
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Attachment A - Administrative Code
DRAFT Text underlined is new text to be added
Text strikethroa •
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 l Quasi-Judicial Procedures with a Public Hearing
I,. Comparable Use Determination.
Reference LDC sections 2.03.00 A, 10.02.06 K, LDC Public Notice section 10.03.0i) 0, LDC section
8.10.00 and F.S. §125.66.
Applicability A Comparable Use Determination may shall be used to make a determination--that
determine if a new use at a site-specific location is comparable in nature with the list of
permitted uses and the purpose and intent of aerr}patible,and-c
ef-identifi T fitted--asses-in-a-s-an-lord zoning district,overlay,or PUD ordinance,and
the surrounding neighborhood.
Pre-Application A pre-application meeting is not required.
Initiation The applicant files a "Comparable Use Determination Application"with the Zoning
Division.
<*See Chapter 1 D.for additional information regarding the procedural steps for initiating
an application.
Application The application must include the following:
Contents. 1. Applicant contact information.
2. Property information, including:
a. Legal description;or if the comparable use involves only part of a PUD,only
a legal description for the subject portion is required;
b. Property identification number;
c. Section,township and range;
d. Subdivision, unit, lot and block, parcel, or metes and bounds description;
e. Address of subject site and general location;
f. Size of property in feet and acres;
•
•---•-Site Address;
• g. Property owner's name; and
• h. Verification being requested.
3. A narrative statement that describes the determination request,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,?.
4. Additional materials may be requested by staff depending on the use and
justification provided.
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Attachment A - Administrative Code
DRAFT Text underlined is new text to be added
Text-striket#cough-is-Garrent text-te--be-deleted
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 / Quasi-Judicial Procedures with a Public Hearing
5. PUD Ordinance and Development Commitment i-Information, if applicable.
6. Electronic copies of all documents.
7. Addressing checklist.
8. Affidavit of Authorization.
9. Property Owner Disclosure Form.
Completeness bmission of the
a+ d-Processing c 'on packc ifl
of-Application
processed. Accompanying that response will be a receipt for the payment and the
tracking number (i.e., XXPL201200000) assigned to the petition. This petition tracking
•
Notice Notification requirements are as follows. C=>See Chapter 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:
• a. Date,time, and location of the hearing;
• b. Description of the proposed land uses;
• c. Application number and project name;
• d. PUD name and ordinance number;
• e. Proposed permitted use;and
• f. Description of location;and
g. 2 inch x 3 inch map of the project location.
Public Hearing 3,The Hearing Examiner or the CCPC shall hold at least 1 advertised public hearing. If
heard by CCPC, 1 BZA hearing. c*See Chapter 9 of the Administrative Code for the
Office of the Hearing Examiner procedures.
Decision Maker The Hearing Examiner or the C-CPC BZA, applying the standards in LDC section 10.02.06
K.
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+# acing Examiner or the CCPC Decision
Maker for approval of the Comparable Use Determination.
Review Process The Zoning Division will review the application,anot identify whether additional materials
are needed, and prepare a Staff Report to the Hearing Examiner or CCPC/BZA. Staff-wi4I
prepare a Staff Report to present to the Office of the kiearing Examiner or the CCPC for a
decision.
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Attachment A - Administrative Code
DRAFT Text underlined is new text to be added
Text stri!� t"r. la is current text to be deleted
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 / Quasi-Judicial Procedures with a Public Hearing
APPeal
Updated Resolution 2020 203 2022-##
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