Ordinance 2009-29
---:---
',406;
l
HECElvrq ORDINANCE NO. 2009- ~
",.1-
l\t,;~ JUN AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
\~ COLLIER COUNTY, FLORIDA, RELOCATI~G THE PLANNING
~~.6 ,'COMMISSION ORDINANCE FROM THE LAND DEVELOPMENT
?C?Z'~lZ<J(.E,~'(;'CODE INTO THE COLLIER COUNTY CODE OF LAWS AND
/ ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A
ST AND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING
SECTION 8.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
,
...........)
;\1
" ::
W -i;
WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the
establishment, powers and duties of a number of decision-making and administrative bodies,
including the Planning Commission, the Board of Zoning Appeals, the Building Board of
Adjustments and Appeals, the Environmental Advisory Council, and the Historic/ Archaeologic
Preservation Board; and
WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of
Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the
establishment, powers and duties of a number of decision-making and administrative bodies,
including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory
Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory
Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the
Tourist Development Council, the Development Services Advisory Committee, the Animal
Services Advisory Board, as well as others, and also contains Standards for the Creation and
Review of County Boards; and
WHEREAS, there are a limited number of annual amendment cycles for the Land
Development Code, whereas amending general ordinances has no such constraint; and
WHEREAS, the Board finds that it is in the public interest to relocate this portion of the
Land Development Code into the Collier County Code of Laws and Ordinances and to create
separate ordinances for each of these Boards, thereby making it easier to amend these rules and
regulations as the need arises, as well as to have the ordinances concerning all of the County's
decision-making and administrative bodies located within the same administrative section of the
Collier County Code of Laws and Ordinances.
J>a~e ",1 ()L?__.,....""._
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
Collier County hereby readopts Section 8.03.00 (Planning Commission) of the Collier
County Land Development Code in its entirety, as a separate, stand-alone ordinance, as follows:
(1) Establishment; Powers and Duties
There is hereby established a Planning Commission, which shall have the following
powers and duties:
A. To serve as the local planning agency (LP A), and land development regulation
commission as required by 9 163.3174 and 163.3194, F .S.;
B. To prepare, or cause to be prepared, the Collier County GMP, or element or portion
thereof, and to submit to the BCC an annual report recommending amendments to such plan,
element, or portion thereof;
C. To prepare, or cause to be prepared, the LDC to implement the Collier County GMP, and
to submit to the BCC an annual report recommending amendments to the LDC;
D. To initiate, hear, consider, and make recommendations to the BCC on applications for
amendment to the text of the Collier County GMP and the LDC;
E. To initiate, review, hear, and make recommendations to the BCC on applications for
amendment to the future land use map of the Collier County GMP or the official zoning atlas of
the LDC;
F. To hear, consider, and make recommendations to the BCC on applications for conditional
use permits;
G. To make its special knowledge and expertise available upon reasonable written request
and authorization of the BCC to any official, department, board, commission, or agency of the
County, state, or federal governments;
H. To recommend to the BCC additional or amended rules of procedure not inconsistent
with this section to govern the Planning Commission's proceedings;
I. To perform those functions, powers and duties of the Planning Commission as set forth in
chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as
said chapter has been or may be amended; and
.}>ll~e _~_ o.~7
J. To consider and take final action regarding preliminary subdivision plats processed
pursuant to the provisions of section 4.03.00.
(2) Membership
A. Qualifications.
I. Members of the Planning Commission shall be permanent residents and qualified
electors of Collier County.
2. Although no specific experience requirements shall be necessary as a prerequisite
to appointment, consideration shall be given to applicants who have experience or
who have shown interest in the area of planning, zoning, and related fields.
Further consideration in the appointment of Planning Commission members shall
be made so as to provide the Planning Commission with the needed technical,
professional, business, and/or administrative expertise to accomplish the duties
and functions of the Planning Commission.:. as set forth in this LDC.
3. The appointment of all members to the Planning Commission shall be by
resolution of the BCC. In the event that any member is no longer a qualified
elector or is convicted of a felony or an offense involving moral turpitude while in
office, the BCC shall terminate the appointment of such person as a member of
the Planning Commission.
4. A representative of the school district, appointed by the school board, shall serve
as a non-voting member of the Planning Commission unless the BCC grants
voting status to the school district representative. The school district member of
the Planning Commission shall attend those Planning Commission meetings at
which GMP amendments and rezoning that would, if approved, increase
residential density of the property that is the subject of the application being
considered.
B. Appointment. The Planning Commission shall be composed of 9 members to be
appointed by the BCC. All reappointments to the Planning Commission shall be made so as to
achieve the following geographical distribution of membership:
1. One member: County Commission District No.4.
2. Two members: County Commission District No.1.
3. Two members: County Commission District No.2.
Page 3 of7
4. Two members: County Commission District No.3.
5. Two members: County Commission District No.5 (one from Immokalee).
6. One member: Appointed by the school district.
C. Term. Each appointment or reappointment shall be for a term of 4 years. Each
appointment and reappointment shall be made so that the terms of any 2 members from a single
commission district shall not expire in the same year.
D. Reappointment. A member may be reappointed by the BCC for only 1 successive term,
unless there are no other qualified applicants for the member's position. Appointments to fill any
vacancy on the Planning Commission shall be for the remainder of the unexpired term of office.
E. Removal from office.
1. Any member of the Planning Commission may be removed from office by a four-
fifths vote of the BCC, but such member shall be entitled to a public hearing and
reconsideration of the vote if he so requests in writing within 30 days of the date
on which the vote is taken.
2. If any member of the Planning Commission fails to attend 2 consecutive Planning
Commission meetings without cause, the Planning Commission shall declare the
member's office vacant and the vacancy shall be filled by the BCC.
F. Officers. The membership of the Planning Commission shall elect a chairman and vice-
chairman from among the members. Officers' terms shall be for 1 year, with eligibility for
reelection.
(3) Quorum and Voting
The presence of 5 or more members shall constitute a quorum of the Planning
Commission necessary to take action and transact business. In addition, a simple majority vote of
at least 5 members present and voting shall be necessary in order to forward a formal
recommendation of approval, approval with conditions, denial, or other recommendation to the
BCC.
(4) Rules of Procedure
A. The Planning Commission shall, by a majority vote of the entire membership, adopt rules
of procedure for the transaction of business, and shall keep a record of meetings, resolutions,
Page 4 of7
findings, and determinations. The Planning Commission may provide for transcription of such
hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary.
B. The Planning Commission may, from time to time, adopt and amend bylaws and rules of
procedure not inconsistent with the provisions of these regulations. Such proposed rules of
procedm"e shall be considered as if they were amendments to this LDC.
(5) Compensation
The members of the Planning Commission shall serve without compensation, but may be
reimbursed for such travel, mileage, and/or per diem expenses as may be authorized by the BCC.
(6) Meetings
A. In order to provide convemence and promote public participation, meetings of the
Planning Commission shall be held in the Jmmokalee area when matters pending before the
Planning Commission are of sufficient concern to the Jmmokalee area to warrant such a meeting.
The Planning Commission shall, by majority vote, make such determination at I of its regularly
scheduled meetings well enough in advance to allow sufficient time to advertise such Jmmokalee
meeting. All other meetings shall be held at the Collier County Government Center, Naples,
Florida, unless otherwise specified by the Planning Commission or the BCC.
B. All meetings and hearings of the Planning Commission shall be open to the public.
(7) Staff
The community development servIces division shall be the professional staff of the
Planning Commission.
(8) Appeals
As to any land development petition or application upon which the Planning Commission
takes final action, an aggrieved petitioner, applicant, or aggrieved party may appeal such final
action to the Board of County Commissioners. An aggrieved or adversely affected party is
defined as any person or group of persons which will suffer an adverse affect to an interest
protected or furthered by the Collier County Growth Management Plan, Land Development
Code, or building code(s). The alleged adverse interest may be shared in common with other
members of the community at large, but shall exceed in degree the general interest in community
J><iRe 5 ()f2__. .......d_._....._____ ,_., ._.,'
good shared by all persons. The Board of County Commissioners may affirm, affirm with
conditions, reverse or reverse with conditions the action of the Planning Commission. Such
appeal shall be filed with the Development Services Director within 30 days of the date of final
action by the Planning Commission and shall be noticed for hearing with the Board of County
Commissioners, as applicable, in the same manner as the petition or application was noticed for
hearing with the Planning Commission. The cost of notice shall be borne by the petitioner,
applicant or aggrieved party.
SECTION TWO: Repeal of Ordinance.
Concurrent with the effective date of this ordinance, Section 8.03.00 (Planning
Commission) of the Collier County Land Development Code is hereby repealed in its entirety.
SECTION THREE: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion ofthe Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of Article VIII (Boards,
Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws
and Ordinances of Collier County, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
Page 6 on
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this U.~day of 't--\~ ,2009.
- 't\
ATTEST:
DWIqH'f" E)~OCK, CLERK
~ . ".>. . . , .
"~'; ,
~
.' _- - ..' .,( ;:r.5'.~:
.'.. ..... ...... :" .
. l.'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
DO
Page 7 of7
This ordinance fifed with the
Sec,.tory of State's Office the
..-l! day of Jl,l~ f 2foQ
and acknowledgement of that
filing received this day
of u <J
By
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-29
Which was adopted by the Board of County Commissioners
on the 26th day of May, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of May, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Boa~d,~f
County Commissioners ,'"
/,"
By: Martha Ve~$ara,
Deputy Clerk ( ,