§ 10.02.08. Requirements for Amendments to the Official Zoning Atlas

A.

Purpose and intent. The official zoning atlas may, from time to time, be amended, supplemented, changed or repealed. Procedures shall be as follows:

B.

Amendment of the zoning atlas. A zoning atlas amendment may be proposed by:

1.

Board of county commissioners.

2.

Planning commission.

3.

Board of zoning appeals.

4.

Any other department or agency of the county.

5.

Any person other than those listed in 1.—4. above; provided, however, that no person shall propose an amendment for the rezoning of property (except as agent or attorney for an owner) which he does not own. The name of the owner shall appear in each application.

C.

All proposals for zoning amendments shall be considered first by the Planning Commission in the manner provided in this section.

D.

All proposals for zoning amendments shall be submitted as established in the Administrative Code and accompanied by all pertinent information required by the LDC and which may be required by the Planning Commission for proper consideration of the matter, along with payment of such fees and charges as have been established by the Board of County Commissioners. No application for zoning amendment shall be heard by the Planning Commission until such fees and charges have been paid.

1.

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 applicant 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 An application deemed "closed" will not receive further processing and shall be withdrawn. An application "closed" through inactivity shall be deemed withdrawn.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.

E.

Planning Commission hearing and report to the Board of County Commissioners.

1.

Time limits. Unless a longer time is mutually agreed upon by the Planning Commissioners, the Planning Commission shall file its recommendations 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.

F.

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 LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, 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.

G.

Adequate public facilities. The applicant 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 applicant ; 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.

H.

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.

I.

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 LDC 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 LDC 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 applicant'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 for consideration of rezoning the subject parcel from its current zoning district to an appropriate zoning district and may be a violation of this LDC pursuant to LDC section 8.08.00.

c.

Should the dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by Board of County 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.

J.

Status of Planning Commission report and recommendations. The report and recommendations of the Planning Commission required by LDC section 10.02.08 E shall be advisory only and not be binding upon the Board of County Commissioners.

K.

Board of County Commissioner's action on the 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.

L.

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.

M.

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 5 years 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 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 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 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.

c.

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.

N.

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.

O.

Waiver of time limits. The time limits of 10.02.08 M 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.

(Ord. No. 08-08, § 3.P; Ord. No. 13-56, § 3.PP; Ord. No. 14-33, § 3.Z)