Ordinance 2002-04 ORDINANCE NO. 02- 0 4
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES TH
COMPREHENSIVE REGULATIONS FOR T"I~
UNINCORPORATED AREA OF COLLIER COUNTY,.\~,_ ~~ 2~
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT: SECTION THREE,
AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING DIVISION 3.15,
ADEQUATE PUBLIC FACILITIES, TO DELETE
SUBSECTION 3.15.7.3.1.2. THEREOF RELATING TO REVIEW
AND APPROVAl. OF CERTIFICATES OF PUBLIC FACILITY
ADEQUACY PRIOR TO CONSIDERATION OF AN
APPLICATION FOR DEVELOPMENT ORDER APPROVAL;
SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION 1N THE COLLIER COUNTY~
LAND DEVELOPMENT CODE; AND SECTION SIX{:~'
EFFECTIVE DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to
Section 1.19.1., LDC; and
and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2001;
WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
advertised public hearings on January 9, 2002 and February 6, 2002, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be
consistent with and to implement the Collier County Growth Management Plan as required by Subsections
163.3194 ( 1 ) and 163.3202 ( 1 ), Florida Statutes; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth.
Words att-ack t?.rzug~ are deleted, words underlined are added.
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SECTION TWO:
FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and implement
the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be
based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by
the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof,
and any land development regulations existing at the time of adoption which are not consistent with the
adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan
(hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the
requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or
portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions
taken in regard to development orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or
element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by
a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities,
capacity or size, timing, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may be amended twice annually.
11. Collier County finds that the Land Development Code is intended and necessary to preserve
and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land,
water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within the total unincorporated are of
Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve
the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier
County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the
adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities,
housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within
the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and
maintain through orderly growth and development, the character and stability of present and future land uses
and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan,
Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code.
Words struck through are deleted, words underlined are added.
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SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A. AMENDMENTS TO DIVISION 3:15, ADEQUATE PUBLIC FACILITIES
Subsection 3.15.7.3 entitled Certificate of Public Facility Adequacy of' Ordinance No. 91 - 102, as amended,
the Collier County Land Development Code, is hereby amended to delete subsection 3.15.7.3.1.2 as follows:
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other
applicable law, the more restrictive shall apply. If any phrase or portion of the 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 FIVE:
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land Development Code of
Collier County, Florida. The sections of the 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 SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this ~,5~, day of..~'~, 2002.
lttoet as kD Cbelman's
s!gnatm'e lal$.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMI lAN
·his ordinance filed with 'the
Secrelary of State's Office the
and acknowledgeme~r of that
filing received this
·
Words struck t~.rough are deleted, words underlined are added.
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Approved As To Form And Legal Sufficiency
Marjori~OM. Student ~
Assistant County Attorney
H:\ LDC CYCLE I - 2001\LDC ORD CYCLE I - 2001
Words .......t,~c, ugh are deleted, words underlined are added.
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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:
ORDZ C . 2002-04 =" a
Which was adopted by the Board of County Commissi~irs~.. ~1
on the 6th day of February, 2002, during Special Sessi_~ -~- ~
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of February, 2002.
Clerk of Courts andi¢iii~, ,i'" 3 '~%
Ex-officio to Board-~f- ~, .~,~<~; :;, i
County CommissionerS.-c~' ~-" ',~;-'"-: .'o c
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