Ordinance 2002-30ORDINANCE NO. 02- 3 0
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY PROVIDING FOR: SECTION ONE: RECITALS;
SECTION TWO: FINDINGS; SECTION THREE: AMENDMENTS TO
THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING SUBSECTION 2.2.30. AND SUBSECTION 2.2.31.
RESPECTIVELY TO EXTEND THE DURATION OF THE
MORATORIUM ESTABLISHED BY ADMINISTRATION
COMMISSION FINAL ORDER IN CASE NUMBER ACC NO. 99-002
RELATING TO THE INTERIM NATURAL RESOURCE
PROTECTION AREAS WITHIN THE RURAL AREA SUBJECT TO
SAID ORDER AND FOR THE RURAL AREA (INCLUDING THE
RURAL FRINGE AND EASTERN LANDS AREAS) SUBJECT TO
SAID ORDER UNTIL SUCH TIME AS THE GROWTH
MANAGEMENT PLAN AMENDMENTS AND LAND
DEVELOPMENT REGULATIONS NECESSARY TO IMPLEMENT
SAID FINAL ORDER BECOME LEGALLY EFFECTIVE; SECTIO_N
FOUR: CONFLICT AND SEVERABILITY; FIVE: INCLUSION
THE COLLIER COUNTY LAND DEVELOmvm CODE; Ak0:'i?'
SECTION SIX: EFFECTIVE DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Co~ss~ers~pted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LD(~wl~h has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year unless
additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to
Section 1.19.1., I~DC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2004-2;
and
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, ali 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 May 29, 2002, and June 19, 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:
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NOW, THEREFORE BE IT ORDAINED
Commissioners of Collier County, Florida, that:
by the Board of County
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as
if fully set forth.
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(1Xb), 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
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or intensities in the Comprehensive Plan and if it meets ali 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.
SECTION THREE: AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3A.
AMENDMENTS TO DMSION 2.2., ZONING DISTRICTS,
PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS.
Division 2.2, Zoning Districts, Permitted Uses, Conditional Uses, Dimensional
Standards of the Collier County Land Development Code, Ordinance Number 91-102, as
amended, is hereby amended to read as follows:
Sec. 2.2.30.
Declaration of partial moratorium for rural and agricultural area
assessment.
2.2.30.1
x;,, ~o r,~,~Ar-_x~ ^~ T .... ,,,) ,mt¥) cCenain land uses as set forth in
subsection 2.2.30.3 of the Code are prohibited in the respective Rural
Fringe Area and the Rural Land Lands Area. as these Areas are identified
in the future land use element (FLUE) of the growth management plan_
until such time as the respective comprehensive plan amendments to
implement the final order of the Administration Commission in Case No.
99-02 (DOAH Case No. 98-0324GM) become legally effective in that
Area pursuant to subsection 163.3189(2), Florida Statutes so long as such
amendments do not require implementing land development regulations.
l.n the case of growth management plan amendments that specifically
require implementing land development regulations, the moratorium shall
!'emain in effect tlntil the ordinance adopting such regulations is legally
effective.
2.2.30.3.
Prohibited uses. The following uses are hereby prohibited fc, r a mar,.:.'::.-,::-...
cc, n~'.-'ctcd in the Rural Fringe Area and the Rural Lands Area, as theso.
Areas are identified in the future land use element of the growth
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manage.merit plan, until such time as the respective growth management
plan amendments for each Area become effective. Upon the amendments
becoming effective for each Area described in the FLUE, this prohibition
on the following uses in that specified area shall expire; except that where
implementing land development regulations are specifically required for a
use, said use shall remain prohibited until the implementing land
development regulation(s) for said use becomes effective. For purposes of
this section and references in the growth management plan amendments,
the term "implementing land development regulations" or similar phrase
includes planned unit development or planned development zonin~
ordinances.
Sec. 2.2.31.
2.2.31.1
2.2.31.3
Declaration of partial moratorium for natural resource protection
areas (NRPAs~
Y~c no ~~ ~, · .... ~ ~nn~ ~nly ce~n land uses as specified in
subsection 2.2.31.3 of the Code shall be permitted in the natural resource
prote~ion areas ~As) within the respective Rural Fringe ~ea and the
Rural Land Lands ~ea, as these ~eas are identified in the ~ture land use
element (~) of the gro~h management plan, until such time as the
respective comprehensive plan amendments to implement the final order
of the Administration Commission in Case No. 99-02 ~0~ Case No.
98-0324G~ become legally effective in that ~ea pursuant to subsection
163.3189(2), Florida Statutes so long as such amendments do not require
implementing land development re~lations, In the case of gro~h
management plan amendments that specifically require implementing land
development re~lations, the moratorium shall remain in effect until the
ordinance adopting such re~lations is legally effective.
Permitted uses. The following uses shall be the only uses allowed in the
natural resource protection areas ...... ~, ...................... year
............. v .......... J v ................ the Rural Fringe Area and the
Rural Lands Area, as these Areas are identified in the future land use
element of the growth management plan, until such time as the respective
growth management plan amendments for each Area become effective,
Upon the amendments becoming effective for each Area described in the
FLUE, this limitation on permitted uses in that specified Area shall expire;
except that where implementing land development regulations are
specifically required for a particular use, said use shall remain subject to
the limitations in this section on permitted uses until the implementing
land development regulation(s) for said use becomes effective. For
purposes of this section and references in the growth management plan
amendments, the term "implementing land development regulations" or
similar phrase includes planned unit development or planned development
zoning ordinances.
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
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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 re-lettered 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, this __
/_z~ay of ~ ,2002.
BOARD OF COUNTY COMMISSIONERS
as to
,S N. COLETTA, CHAIRMAN
COLLIER CO~
BY: j~e/ ~
MarjoOe M. Student
Assistant County Attorney
This ordinance filed with the
Secretory of State's Office the
~9-/~dayof ~ , ~
and acknowle~dgement of that
filing received this ~'~ day
of ~
~u~ Cle~
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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:
ORDINANCE 2002-30
Which was adopted by the Board of County Commissioners
on the 19th day of June, 2002, during Special Session~_~[? ~
WITNESS my hand and the official seal of the Boar~of-
County Commissioners of Collier County, Florida, this ~h-'
day of June 2002 ~ ~3
Clerk of Courts
Ex-officio to. B~ar~
County Commi s s i6n~ ~'~ ::~;~'~
By: Ellie I-Iof fman,
Deputy Clerk