10.03.01 - Generally [Reserved]
10.03.02 - Posting Signs Required [Reserved]
10.03.03 - Mailed Notice Requirements [Reserved]
10.03.04 - Published Notice Requirements [Reserved]
A.
Notice and public hearing where proposed amendment would not change zoning classification of land. Ordinances or resolutions initiated by the Board of County Commissioners or its designee which do not actually change the official zoning atlas (the zoning designation applicable to a piece of property) but do affect the use of land, including, but not limited to, land development regulations as defined in F.S. § 163.3202, regardless of the percentage of the total land area of the County actually affected, shall be enacted or amended pursuant to the following public notice and hearing requirements by the Planning Commission and the Board of County Commissioners:
1.
The Planning Commission shall hold 1 advertised public hearing on the proposed ordinance or resolution. No request for establishment or amendment of a regulation that affects the use of land may be considered by the Planning Commission until such time as notice of a public hearing on the proposed amendment has been given to the citizens of Collier County by publication of a notice of the hearing in a newspaper of general circulation in the county, at least 15 days in advance of the public hearing.
2.
The Board of County Commissioners shall hold at least 1 advertised public hearings on the proposed ordinance or resolution. The regular enactment procedure for such ordinance or resolution shall be as follows: The Board of County Commissioners at any regular or special meeting may enact or amend the ordinance or resolution if notice of intent to same is given at least 10 days prior to said meeting by publication in a newspaper of general circulation in the county. A copy of such notice shall be kept available for public inspection during regular business hours of the Office of Clerk to the Board of County Commissioners. The notice of proposed enactment shall state the date, time and place of the meeting, the title of the proposed ordinance or resolution, and the place or places within the County where such proposed ordinance or resolution may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance or resolution.
B.
Notice and public hearing where proposed amendment would change zoning classification of land and for conditional uses and variances, for planned unit development (PUD) rezoning extensions, conditional use extensions and for small-scale or other site-specific comprehensive plan amendments. In the case of a small-scale or other site-specific comprehensive plan amendment, an application for extension of PUD zoning status or the rezoning of land, to include re-zonings, conditional uses and variances initiated by other than the Board of County Commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the Planning Commission and the Board of County Commissioners as applicable. Small-scale or other site-specific comprehensive plan amendments, PUD extensions, rezoning, conditional uses, conditional use extensions and variance petitions initiated by the Board of County Commissioners or its agencies for County owned land shall be subject to these provisions.
1.
Applications for a PUD extension and a conditional use extension, whether initiated by the applicant or the BCC, shall only be heard by the BCC pursuant to the notice and advertising requirements set forth in sections 10.03.05 B.10. and 11. of this Code.
2.
In the case of PUD extensions pursuant to sections 10.02.13 D.4., 10.02.13 D.5.a. and 10.02.13 D.6. of this Code, and conditional use extensions, a sign shall be posted at least 15 days prior to the date of the hearing before the BCC and shall conform to the applicable sign requirements listed below.
a.
The sign advising of the PUD extension or conditional use extension hearing shall be in substantially the following format:
PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT (PUD) and/or CONDITIONAL USE EXTENSION
TO PERMIT: ____________ (set forth alternatives going to the BCC)
DATE: ;daterule;
TIME: ;daterule;
b.
THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FLORIDA, 34112.
3.
In the case of small-scale or other site-specific comprehensive plan amendments, a sign must be posted at least 15 days prior to the date of both transmittal and adoption hearings, as applicable, before the Planning Commission.
a.
The sign advising of the comprehensive plan amendment hearing shall be in substantially the following format:
PUBLIC HEARING FOR SMALL-SCALE OR OTHER SITE-SPECIFIC AMENDMENT TO THE COMPREHENSIVE PLAN
TO PERMIT: ____________ (sufficiently clear to describe the amendment)
DATE: ;daterule;
TIME: ;daterule;
b.
THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FLORIDA, 34112.
4.
For all other petitions noted in paragraph B. above, a sign shall be posted at least 15 days prior to the date of the public hearing by the Planning Commission. The sign to be posted shall contain substantially the following language and the sign's copy shall utilize the total area of the sign:
a.
PUBLIC HEARING TO REZONE THIS PROPERTY:
FROM ____________ TO ____________
TO PERMIT: ____________
DATE: ____________
TIME: ____________
(or where applicable the following:)
b.
PUBLIC HEARING REQUESTING CONDITIONAL USE (VARIANCE) APPROVAL
(both to contain the following information:)
TO PERMIT: (Sufficiently clear to describe the project)
DATE: ____________
TIME: ____________
c.
ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FLORIDA, 34112.
5.
For all petitions, the area of the signs shall be as follows:
a.
For properties less than 1 acre in size, the sign shall measure at least 1 and ½ square feet in area.
b.
For properties 1 acre or more in size, the sign shall measure at least 32 square feet in area.
6.
For all petitions, in the case of signs located on properties less than 1 acre in size, a sign shall be erected by the County Manager or his designee in full view of the public on each street side of the subject property. Where the property for which approval is sought is landlocked or for some other reason the signs cannot be posted directly on the subject property, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property.
7.
For all petitions, in the case of signs located on properties 1 acre or more in size, the applicant shall be responsible for erecting the required sign(s). A sign shall be erected in full view of the public on each street upon which the subject property has frontage. Where the subject property is landlocked, or for some other reason the signs cannot be posted directly on the property, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least 1 sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed 4 signs. The applicant shall provide evidence to the County Manager or designee that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the Planning Commission, whichever has jurisdiction. The signs shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the Board of County Commissioners or 2. The receipt of written notification by the County Manager or designee from the applicant requesting to withdraw the petition or requesting its indefinite continuance.
8.
For all petitions except for small-scale or other site-specific amendments to the comprehensive plan, the Planning Commission shall hold 1 advertised public hearing. Notice of the time and place of the public hearing by the Planning Commission shall be sent at least 15 days in advance of the hearing by mail to the owner of the subject property or his designated agent or attorney, if any.
9.
For all petitions except for small-scale or other site-specific amendments to the comprehensive plan, notice of the time and place of the public hearing by the Planning Commission shall be advertised in a newspaper of general circulation in the County at least 1 time at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed land uses, applicable development standards, intensity or density in terms of total floor area of commercial or industrial space and dwelling units per acre for residential projects, and a description of the institutional or recreational uses when part of the development strategy. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property.
10.
For all petitions except for small-scale or other site-specific amendments to the comprehensive plan, for subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the Planning Commission shall be sent by the County at least 15 days in advance of the hearing. This notice shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the 500 foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notices need not be mailed to any property owner located more than ½ mile (2,640 feet) from the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified.
11.
For all petitions except for small-scale or other site-specific amendments to the comprehensive plan, for subject properties located within areas of the future land use element of the growth management plan that are not designated urban, all of the foregoing notice requirements apply, except that written notification must be sent to all property owners within 1,000 linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have formally requested the county to be notified.
12.
For small-scale and other site-specific comprehensive plan amendments, the Planning Commission (local planning agency) shall hold advertised public hearing(s) on the proposed ordinance or resolution, as applicable, pursuant to requirements of Chapter 163, Florida Statutes.
13.
For all petitions except for small-scale or other site-specific amendments to the comprehensive plan, notice of the time and place of the public hearing by the Board of County Commissioners shall be advertised in a newspaper of general circulation in the county at least 1 time at least 15 days prior to the public hearing.
14.
The clerk to the Board of County Commissioners shall notify by mail each real property owner whose land is subject to rezoning, or PUD amendment, and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution. Such notice shall be given at least 15 days prior to the date set for the public hearing, and a copy of such notices shall be kept available for public inspection during the regular business hours of the clerk to the Board of County Commissioners.
15.
For small-scale and other site-specific comprehensive plan amendments, the Board of County Commissioners shall hold advertised public hearing(s) on the proposed ordinance or resolution, as applicable, pursuant to requirements of Chapter 163, Florida Statutes.
16.
For all other petitions, the Board of County Commissioners shall hold 1 advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution.
C.
Development of Regional Impact (DRI) Procedures.
1.
Purpose. The purpose of this section is to set forth the requirements for the establishment of DRIs, the amendment of DRI development orders and the abandonment of DRIs.
2.
Notice of Planning Commission Hearing.
a.
Signage. The signage requirements advertising Collier County Planning Commission hearings shall be as set forth in subsections 10.03.05 B.3. through B.5. of this Code. The required sign shall be in substantially the following format:
PUBLIC HEARING REQUESTING DEVELOPMENT OF REGIONAL IMPACT APPROVAL/AMENDMENT OF A DRI DEVELOPMENT ORDER/ABANDONMENT OF DRI STATUS (select applicable option)
TO PERMIT: (Sufficiently clear to describe the project)
DATE: ________
TIME: ________
TO BE HELD IN THE BCC MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FLORIDA, 34112.
b.
Notice to Property Owners. The individual notice to property owners for the Collier County Planning Commission hearing shall be as set forth in subsections 10.03.05 B.6., 10.03.05 B.8., and 10.03.05 B.9. of this Code.
c.
Newspaper advertisement. The requirements for the newspaper advertisement of the Collier County Planning Commission hearing shall be as set forth in subsection 10.03.05 B.7. of this Code.
3.
Planning Commission Hearing. The Planning Commission shall hold 1 advertised public hearing on the proposed establishment of the DRI, amendment of DRI development order or abandonment of DRI development order, as the case may be.
4.
Notice of BCC Hearing.
a.
Notice to Property Owners. The individual notice to property owners shall be as set forth in subsection 10.03.05 B.11. of this Code.
b.
Newspaper advertisement. The requirements for the newspaper advertisements of the BCC hearing shall be as set forth in subsection 10.03.05 B.10. of this Code and subsection 380.06 (11), Florida Statutes, as may be amended.
5.
BCC Hearing. The BCC shall hold 1 advertised public hearing on the proposed establishment of the DRI, amendment of DRI development order, or abandonment of DRI development order, as the case may be. Upon conclusion of the hearing, the BCC may immediately adopt the resolution approving the establishment of the DRI, amendment of DRI development order, or abandonment of DRI development order, as the case may be.
6.
Statutory Requirements. All statutory requirements as set forth in subsections 380.06(9) through (12), 380.06 (19) and 380.06 (26), Florida Statutes, as may be amended, together with the implementing regulations applicable to DRIs set forth in the Florida Administrative Code shall apply.
D.
Notice and public hearing where proposed amendment initiated by the Board of County Commissioners would change the zoning map designation of a parcel or parcels of land involving less than ten contiguous acres of land. In cases in which the proposed comprehensive rezoning action, including but not limited to those provided for in the Zoning Reevaluation Ordinance (90-23) [Code ch. 106, art. II], initiated by the Board of County Commissioners or its designee involves less than 10 contiguous acres of land [such provisions] shall be enacted or amended pursuant to the following public notice and hearing requirements by the Planning Commission and the Board of County Commissioners.
1.
The Planning Commission shall hold 1 advertised public hearing. Notice of the time and place of the public hearing by the Planning Commission shall be advertised in a newspaper of general circulation in the County at least 1 time at least 15 days prior to the date of the public hearing. Notice of the time and place of the public hearing by the Planning Commission shall be sent at least 15 days in advance of the hearing, by mail, to the owner of the properties whose land will be rezoned by enactment of the ordinance or resolution, whose address is known by reference to the latest ad valorem tax records.
2.
A notice advising of the hearing by the Board of County Commissioners to consider rezoning properties shall be sent by mail [to] each real property owner whose land will be redesignated by enactment of the ordinance or resolution and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution as it affects the property owner and shall set a time and place for the public hearing on such ordinance or resolution. Such notice shall be given at least 30 days prior to the date set for the public hearing. Additionally, notice of the time and place of the public hearing by the Board of County Commissioners shall be advertised in a newspaper of general circulation in the county at least ten days prior to the public hearing. A copy of such notice shall be kept available for public inspection during regular business hours of the office of the Clerk of the Board of County Commissioners. The notice of the proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the county where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.
3.
The Board of County Commissioners shall hold 1 advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution.
E.
Notice and public hearing requirements where proposed amendment initiated by the Board of County Commissioners would change the zoning map designation of a parcel or parcels involving ten contiguous acres or more of land in the county or would change the actual list of permitted, conditional, or prohibited uses of land within a zoning category. Ordinances or resolutions initiated by the Board of County Commissioners which propose to change to the zoning map designation of a parcel or parcels of land involving ten acres or more of land, or which changes the actual list of permitted, conditional or prohibited uses of land within a zoning category shall be enacted or amended pursuant to the following minimum public notice and hearing requirements:
1.
The Planning Commission shall hold at least 1 advertised public hearing unless the Planning Commission elects by a majority decision to hear such ordinance or resolution to be heard at 2 public hearings before the Planning Commission. If there is only 1 hearing required before the Planning Commission, that hearing shall be held after 5:00 p.m. on a weekday, and if there are 2 hearings required before the Planning Commission, then at least 1 of the required hearings shall be held after 5:00 p.m. on a weekday, and in which case the first hearing shall be held approximately 7 days after the day that the first advertisement is published. The second hearing will be held approximately 2 weeks after the first hearing and shall be advertised approximately 5 days prior to the public hearing. The day, time and place of a second public hearing shall be announced at the first public hearing.
2.
The required advertisements for the Planning Commission public hearings shall be no less than ¼ page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the County and of general interest and readership in the community pursuant to F.S. ch. 50, not 1 of limited subject matter. It is the legislative intent that, whenever possible, the advertisement shall appear in a newspaper that is published at least 5 days per week unless the only newspaper in the community is published less than 5 days per week. The advertisement shall be in the following form:
NOTICE OF ZONING CHANGE
The (name of local government unit) proposes to rezone the land within the area shown in the map in this advertisement.
A public hearing on the rezoning will be held on (date and time) at (meeting place).
3.
The advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance or resolution. The map shall include major street names as a means of identification of the area.
4.
The Board of County Commissioners shall hold 2 advertised public hearings on the proposed ordinance or resolution. At least 1 hearing shall be held after 5:00 p.m. on a weekday, unless the Board of County Commissioners, by a majority plus 1 vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least 7 days after the day that the first advertisement is published. The second hearing shall be held at least 10 days after the first hearing and shall be advertised at least 5 days prior to the public hearing.
5.
The required advertisements shall be no less than 2 columns wide by ten inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the County and of general interest and readership in the community pursuant to F.S. ch. 50, not 1 of limited subject matter. It is the legislative intent that, whenever possible, the advertisement shall appear in a newspaper that is published at least 5 days a week unless the only newspaper in the community is published less than 5 days a week. The advertisement shall be in substantially the following form:
NOTICE OF (TYPE OF) CHANGE
The (name of local government unit) proposes to adopt the following by ordinance or resolution.
A public hearing on the ordinance or resolution will be held on (date and time) at (meeting place).
Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area within the local government covered by the proposed ordinance or resolution. The map shall include major street names as a means of identification of the general area.
6.
In lieu of publishing the advertisement set out in this paragraph, the Board of County Commissioners may mail a notice to each person owning real property within the area covered by the ordinance or resolution. Such notice shall clearly explain the proposed ordinance or resolution and shall notify the person of the time, place, and location of both public hearings on the proposed ordinance or resolution.
F.
Public participation requirements for small-scale or other site-specific comprehensive plan amendments, rezoning, PUD amendments, conditional uses, Mixed Use Projects (MUPs), variances and parking exemptions.
1.
Applicants requesting a small-scale or other site-specific comprehensive plan amendment, rezoning, PUD amendment, mixed use project approval or conditional use approval must conduct at least 1 Neighborhood Information Meeting ("NIM") after initial staff review and comment on the application have been provided, or after notification of application sufficiency for a small-scale or other site-specific comprehensive plan amendment, and before the Public Hearing with the Planning Commission or Board of County Commissioners acting as the Board of Zoning Appeals.
a.
For a small-scale amendment, the NIM is required prior to the CCPC adoption hearing. For other site-specific comprehensive plan amendments, the NIM is required prior to the Planning Commission transmittal hearing. A second NIM for a site-specific comprehensive plan amendment, to be held prior to the Planning Commission adoption hearing, will only be required if, as determined by staff, a substantial change has occurred to the proposed amendment subsequent to the Board of County Commissioners transmittal hearing.
b.
In the case of a Mixed Use Project application, after initial staff review and comment on the application have been provided, a NIM shall be conducted prior to the first public hearing.
c.
For all other applications, the appropriate number of staff reviews of the application returned before the NIM can be held will be at the discretion of the County Manager or his designee, only in cases where 1 or 2 pending reviews are unnecessarily hindering the applicant from presenting the proposal to the public.
2.
Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to subsection 10.03.05 B.10. or 11. Written notice of the meeting shall be sent to all property owners within 500 feet of the property lines of the land for which the amendment to zoning is sought. The 500-foot distance shall be measured from the boundaries of the entire ownership or PUD. For properties located within areas of the future land use element of the growth management plan that are not designated urban, the foregoing notice requirements apply, except that written notification must be sent to all property owners within 1,000 linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County. The applicant shall provide written notice of the Neighborhood Information meeting (NIM) to property owners, condominium and civic associations whose members may be impacted by the proposed land use changes and who have formally requested the county to be notified.
a.
A list of such organizations must be provided and maintained by the County, but the applicant must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, must be furnished to the County Manager or designee and the office of the Board of County Commissioners no less than ten days prior to the scheduled date of the neighborhood information meeting.
b.
The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must further cause a display advertisement, ¼ page, in type no smaller than 12 point, and must not be placed in that portion of the newspaper where legal notices and classified advertisements appear, stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The advertisement is to be placed within a newspaper of general circulation in the County at least 7 days prior to, but not later than 5 days before, the neighborhood information meeting (NIM). The Collier County staff planner assigned to attend the pre-application meeting, or designee, must also attend the neighborhood informational meeting and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the County Manager or designee.
c.
As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning and Land Development Review department. These written commitments will be made a part of the staff report to the county's appropriate review and approval bodies and made a part of the consideration for inclusion in the conditions of approval of any applicable development order.
d.
In cases where the applicant's petition activity extends beyond one year from the date that the last Neighborhood Information Meeting (NIM) was held, a second NIM will be conducted with adherence to all notification and advertising required for the initial meeting. This requirement does not apply to site-specific comprehensive plan amendments.
3.
Any applicant requesting variance approval or parking exemption approval must provide documentation to the Community Planning Coordinator indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient.
4.
Where it has been determined that there is a property owner, functioning condominium or civic association which has made formal request of the County to be so notified, then the applicant must provide written documentation to the Community Planning Coordinator indicating that such property owner or organization has also been notified concerning the extent and nature of the variance or parking exemption requested. A list of property owners, homeowner or condominium associations notified and any other written communications must be submitted to the Community Planning Coordinator at least 2 weeks prior to the scheduled date of the first advertised public hearing. The applicant must provide a written account of the result of such notice and shall submit any and all written communications to the Community Planning Coordinator.
G.
Notice and public hearing requirements where proposed resolution by the Board of County Commissioners would approve a mixed use project (MUP) located in a mixed use district overlay. In cases in which the applicant requests approval of a mixed use project (MUP) under the provisions of a mixed use district overlay, with or without requested allocation of bonus density units, where applicable, the mixed use project shall be considered for approval pursuant to the following public notice and hearing requirements by the Board of County Commissioners.
1.
The Planning Commission shall hold one advertised public hearing. Notice of the time and place of the public hearing by the Planning Commission shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the date of the public hearing.
2.
The Board of County Commissioners shall hold 1 advertised public hearing on the petition to approve a mixed use project for property located in a mixed use district overlay. The public hearing shall be held at least 15 days after the day that an advertisement is published in a newspaper of general paid circulation in the County and of general interest and readership in the community.
3.
Applicants requesting a MUP approval must conduct at least 1 Neighborhood Informational Meeting (NIM) (in conjunction with the overlay area advisory board, where such advisory board exists) after initial staff review and comment on the application and before the public hearing by the Planning Commission. Written notice of the meeting shall be sent by the applicant to all property owners who are required to receive legal notification from the County pursuant to sections 10.03.05 B.8. and 10.03.05 B.9. A Collier County staff planner, or designee, must also attend the neighborhood informational meeting; however, the applicant is required to make the presentation on the development plan of the subject property.
4.
The applicant shall further cause a display advertisement, ¼ page, in type no smaller than 12 point; which shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The ad shall be published no later than 7 days prior to the date of the neighborhood informational meeting. The ad shall state the purpose, location, and time of meeting, and shall display a legible site location map of the property for which the mixed use project approval is being requested.
5.
The applicant shall post the subject property with an outdoor sign at least 10 days prior to the date of the public hearing before the Planning Commission. The sign to be posted shall contain substantially the following language and the sign's copy shall utilize the total area of the sign:
a.
PUBLIC HEARING REQUESTING APPROVAL OF A MIXED USE PROJECT
TO PERMIT: (Name of Project) (Number of acres)
DATE:
TIME:
ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FL 34112.
6.
The area of the sign shall be as provided in section 10.03.05 B.3.d. of the Code.
7.
Criteria for Mixed Use Project Approval.
The following criteria must be met in order to gain approval for mixed use projects developed in accordance with provisions of a mixed use overlay.
a.
No less than 60 percent of all commercial uses within a mixed use project shall provide retail, office and personal service uses to serve the needs of the subject project and surrounding residential neighborhoods.
b.
No more than 25 percent of the residential units within a mixed use project shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to the construction of commercial uses so as to insure actual development of a mixed use project.
c.
Mixed use projects shall connect to local streets, adjoining neighborhoods and adjacent developments, regardless of land use types. A grid pattern is usually the basis for the transportation network. Whatever the pattern of the vehicular network, internal interconnections between uses and external connections between adjoining neighborhoods and land uses shall be provided for pedestrian, bicycle and other modes of alternate transportation.
d.
The commercial component of a mixed use project may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways.
e.
Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required offstreet parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated; however, commercial uses only shall be permitted on the ground floor. This requirement shall not apply to individual parcels less than 5 acres in size.
f.
At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space, as defined in section 4.02.01B. of the Code. This requirement shall not apply to individual parcels less than 5 acres in size.
H.
Planning commission hearing and report to the Board of County Commissioners.
1.
Time limits. Hearings by the Planning Commission on applications for rezoning of land may be held at least 24 times a year. For applications not involving the rezoning of land, but which involve amendments to these zoning regulations, the Planning Commission shall hold its public hearings twice per calendar year, except amendments to these zoning regulations may be made more often than twice during the calendar year if the additional amendment cycle receives the approval of a super-majority vote of the Board of County Commissioners. Unless a longer time is mutually agreed upon by the Planning Commissioners, the Planning Commission shall file its recommendations for either type of amendment with the Board of County Commissioners within 45 days after the public hearing before the Planning Commission has been closed.
2.
Presentation of evidence. The staff report on the application for rezoning shall be presented prior to the close of the public hearing on the application. The applicant shall be afforded the opportunity, prior to the close of the public hearing, to respond to any contentions presented by any testimony or other evidence presented during the public hearing, and to respond to the staff report, after receipt of which the hearing shall be concluded, unless the hearing is continued and the matter referred back to staff for further consideration of such matters as the Planning Commission may direct.
I.
Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in 10.02.12 D. shall show that the Planning Commission has studied and considered the proposed change in relation to the following, when applicable:
1.
Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan.
2.
The existing land use pattern.
3.
The possible creation of an isolated district unrelated to adjacent and nearby districts.
4.
Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change.
5.
Whether changed or changing conditions make the passage of the proposed amendment necessary.
6.
Whether the proposed change will adversely influence living conditions in the neighborhood.
7.
Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety.
8.
Whether the proposed change will create a drainage problem.
9.
Whether the proposed change will seriously reduce light and air to adjacent areas.
10.
Whether the proposed change will adversely affect property values in the adjacent area.
11.
Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations.
12.
Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare.
13.
Whether there are substantial reasons why the property cannot be used in accordance with existing zoning.
14.
Whether the change suggested is out of scale with the needs of the neighborhood or the county.
15.
Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use.
16.
The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification.
17.
The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended.
18.
Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare.
J.
Adequate public facilities. The petitioner may provide all required existing community and public facilities and services for the requested rezone needs in any one of the following manners:
1.
Petition for a rezone at such time as all required adequate existing community and public facilities and services have been provided at public expense according to the capital improvement program; or
2.
Petition for a rezone at such time as all required existing community and public facilities and services have been provided at the private expense of the petitioner; or
3.
Post a surety in lieu of completed improvements to guarantee that all of the required community and public facilities and services will be provided; or
4.
Facilities for parks and schools through land dedication or fee in lieu of such dedication; or
5.
Other method acceptable to Board of County Commissioners.
K.
Other proposed amendments. When pertaining to other proposed amendments of these zoning regulations, the Planning Commission shall consider and study:
1.
The need and justification for the change;
2.
The relationship of the proposed amendment to the purposes and objectives of the county's growth management plan, with appropriate consideration as to whether the proposed change will further the purposes of these zoning regulations and other County codes, regulations, and actions designed to implement the growth management plan.
L.
Restrictions, stipulations and safeguards. The Planning Commission may recommend that a petition to amend, supplement or establish a zoning district be approved subject to stipulations, including, but not limited to limiting the use of the property to certain uses provided for in the requested zoning district. The governing body, after receiving the recommendation from the Planning Commission on a request to amend, supplement or establish a zoning district, may grant or deny such amendment or supplement and may make the granting conditional upon such restrictions, stipulations and safeguards as it may deem necessary to ensure compliance with the intent and purposes of the growth management plan.
1.
Restrictions, stipulations and safeguards attached to an amendment, supplement, or establishment of a zoning district may include, but are not limited to those necessary to protect adjacent or nearby landowners from any deleterious effects from the full impact of any permitted uses, limitations more restrictive than those generally applying to the district regarding density, height, connection to central water and sewer systems and stipulations requiring that development take place in accordance with a specific site plan. The maximum density permissible or permitted in a zoning district within the urban designated area shall not exceed the density permissible under the density rating system. The Board of County Commissioners shall be required to condition and limit the density of a zoning district to a density not to exceed the maximum density permissible under the density rating system. The governing body may also stipulate that the development take place within a given period of time after which time public hearings will be initiated and the district returned to the original designation or such other district as determined appropriate by the governing body in accordance with the growth management plan and sections 10.02.12 D. and 10.02.08 L. Any restrictions, stipulations and safeguards attached to an amendment or rezoning including those identified in section 10.02.08 H. may be indicated on the official zoning atlas in a manner deemed by the county to be appropriate and informative to the public. In cases where stipulations, restrictions or safeguards are attached, all representations of the owner or his agents at public hearings shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All conditions, restrictions, stipulations and safeguards which are a condition to the granting of the change in zoning district shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All costs, including reasonable attorney's fees shall be awarded to the governmental unit if it prevails in such suit.
2.
Dedication of public facilities and development of prescribed amenities.
a.
Public facility dedication. The Board of County Commissioners may, as a condition of approval and adoption of the rezoning required that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for 1 or more such public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount not greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the county attorney's office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this 90-day time frame shall automatically authorize the county to determine the market value of the property. Impact fee credits shall only be effective after recordation of the conveyance document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependant district of Collier County Government.
b.
Land set aside and/or to be improved as committed as part of the rezoning approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and condition on, the approval of the rezoning action. At no cost to the county, the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the developer's sole expense, except as otherwise approved by the board. Failure to deed the land or complete the dedication within the 90 day appropriate time frame noted above may result in a recommendation to the board of for consideration of rezoning the subject parcel from its current zoning district to an appropriate zoning district and may in a violation of this Code pursuant to section 8.08.00
c.
Should the dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the ordinance approving the rezone.
M.
Status of Planning Commission report and recommendations. The report and recommendations of the Planning Commission required by section 10.02.08 D. through H. shall be advisory only and not be binding upon the Board of County Commissioners.
N.
Board of county commissioners: action on Planning Commission report.
1.
Upon receipt of the Planning Commission's report and recommendations, the Board of County Commissioners shall hold a second public hearing with notice to be given pursuant to the provisions of general law. The reports and recommendations of the staff and the Planning Commission on the application shall be presented prior to the close of the public hearing on the application. The applicant shall have the right, prior to the close of the public hearing, to respond to any contentions presented by any testimony or other evidence presented during the public hearing.
2.
In the case of all proposed changes or amendments, such changes or amendments shall not be adopted except by the affirmative vote of 4 members of the Board of County Commissioners.
O.
Failure of Board of County Commissioners to act. If a Planning Commission recommendation is not legislatively decided within 90 days of the date of closing of the public hearing by the Board of County Commissioners, the application upon which the report and recommendation is based shall be deemed to have been denied, provided that Board of County Commissioners may refer the application to the Planning Commission for further study.
P.
Limitations on the rezoning of property.
1.
No change in the zoning classification of property shall be considered which involves less than 40,000 square feet of area and 200 feet of street frontage except: where the proposal for rezoning of property involves an extension of an existing or similar adjacent district boundary; within the broader land use classification of "C" districts, "RSF" districts, "RMF" districts, wherein such rezone is compatible with, or provides appropriate transition from, adjacent districts of higher density or intensity. However, the requirement of 200 feet of street frontage shall not apply to rezone petitions that provide 80 percent or more affordable housing units.
2.
Whenever the Board of County Commissioners has denied an application for the rezoning of property, the Planning Commission shall not thereafter:
a.
Consider any further application for the same rezoning of any part or all of the same property for a period of 12 months from the date of such action;
b.
Consider an application for any other kind of rezoning of any part or all of the same property for a period of 6 months from the date of such action.
3.
Except as otherwise provided within section 10.02.12 D. all zoning approvals for which a final development order has not been granted within the fifth year of the date of its approval shall be evaluated to determine if the zoning classification for the property should be changed to a lower, or more suitable classification.
During the fifth year after the date of the zoning approval by the Board of County Commissioners and during every fifth year thereafter, the County Manager or his designee shall prepare a report on the status of the rezoned property. The purpose of the report will be to evaluate what procedural steps have been taken to develop the property under its current zoning classification.
Should the County Manager or his designee determine that development has commenced, then the land shall retain its existing zoning classification and shall not be subject to additional review and classification change.
Should the County Manager or his designee determine that development has not commenced, then upon review and consideration of the report and any supplemental information that may be provided, the Board of County Commissioners shall elect one of the following:
a.
To extend the current zoning classification on the property for a maximum period of 5 years; at the end of which time, the property shall again be evaluated under the procedures as defined herein.
b.
Direct the appropriate county staff to begin rezoning procedures for said property. The existing zoning classification of the property shall remain in effect until subsequent action by the board on the property.
In the case of developments of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with F.S. § 380.06.
Q.
Applications for rezones to a specific use. The applicant for any rezoning application may, at his or her option, propose a specific use or ranges of uses permitted under the zoning classification for which application has been made. As a condition of approval of such proposal, the development of the property which was the subject of the rezoning application shall be restricted to the approved use or range of uses. Any proposed addition to the approved use or range of uses shall require resubmittal of a rezoning application for the subject property.
R.
Waiver of time limits. The time limits of (N) above may be waived by 3 affirmative votes of the Board of County Commissioners when such action is deemed necessary to prevent injustice or to facilitate the proper development of Collier County.
S.
Site development plan time limits. Approved final site development plans (SDPs) only remain valid and in force for 2 years from the date of approval unless construction has commenced as specified in section 10.02.03 of this Code. If no development, i.e., actual construction, has commenced within 2 years, measured from the date of such site development plan approval, the site development plan approval term expires and the SDP, is of no force or effect; however, 1 amendment to the SDP, may be approved, prior to the expiration date, which would allow the SDP as amended to remain valid for 2 years measured from the date of approval of the amendment so long as the proposed amendment complies with the requirements of the then existing code. Once construction has commenced, the approval term will be determined by the provisions of section 10.02.03 of this Code.
T.
Rezoning application processing time. An application for a rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a rezoning, amendment or change will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and shall be withdrawn. An application "closed" through inactivity shall be deemed withdrawn. The County Manager or designee will notify the applicant of closure, however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code.
1.
Applicability. All applications for a rezoning whether submitted before or after June 26, 2003, shall comply with the processing time procedures set forth in this section of this Code.
(Ord. No. 04-72, § 3.EE; Ord. No. 05-27, § 3.BBB; Ord. No. 05-37, § 1; Ord. No. 06-08, § 3.S; Ord. No. 06-63, § 3.VV; Ord. No. 07-67, § 3.W; Ord. No. 10-23, § 3.VV)