Ordinance 2017-10 ORDINANCE NO. 17 — 10
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION
OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO —
ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.06
PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.09 OPEN
SPACE ZONING DISTRICTS, MORE SPECIFICALLY, TO ADD USES
TO THE LIST OF PERMITTED AND CONDITIONAL USES IN THE
GOLF COURSE (GC) ZONING DISTRICT; CHAPTER THREE —
RESOURCE PROTECTION, INCLUDING SECTION 3.05.07
PRESERVATION STANDARDS; CHAPTER FIVE — SUPPLEMENTAL
STANDARDS, ADDING SECTION 5.05.15 CONVERSION OF GOLF
COURSES; CHAPTER TEN — APPLICATION, REVIEW, AND
DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.03.06
PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE
PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
Recitals
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 was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
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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
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this amendment to the LDC is part of the first amendment cycle for the
calendar year 2016; and
WHEREAS, on March 18, 1997, the Board 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 March 14, 2017 and March 28, 2017, 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, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise 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.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
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2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., 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.
4. Section 163.3194(1)(b), F.S., 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 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. Section 163.3202(3), F.S., 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§ 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., 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 § 163.3194(3)(a), F.S., a development order or land development
regulation 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.
9. Section 163.3194(3)(b), F.S., states 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. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
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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; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area 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; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to 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: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
* * * * * * * * * * * * *
SUBSECTION 3.A. AMENDMENTS TO SECTION 2.03.06 PLANNED UNIT
DEVELOPMENT DISTRICTS
Section 2.03.06 Planned Unit Development Districts, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.03.06 Planned Unit Development Districts
* * * * * * * * * * * * *
H. Conversion of Golf Courses. Golf courses constructed within a PUD shall adhere to the
process established in LDC section 5.05.15 prior to converting to another use.
* * * * * * * * * * * * *
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SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.09 OPEN SPACE ZONING
DISTRICTS
Section 2.03.09 Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
Section 2.03.09 Open Space Zoning Districts
A. Golf Course and Recreational Use District "GC". The purpose and intent of "GC" district
is to provide lands for golf courses, recreational uses, and normal accessory uses to
golf courses, including certain uses of a commercial nature. Recreational uses should be
compatible in scale and manner with residential land uses. The GC district shall be in
accordance with the urban mixed use district and the agricultural/rural mixed use district
of the future land use element of the Collier County GMP. All uses shall be subject to
design standards established in LDC section 5.05.15 H, and other applicable LDC
standards.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the GC district.
a. Permitted uses.
1. Golf courses.
2. Hiking trails, walkways, multi-use paths and observation decks.
3. Passive recreation areas.
4. Disc golf.
b. Accessory U-uses.
1. Uses and structures that are accessory and incidental to uses
permitted as of right in the GC district.
2. Recreational facilities that serve as an integral part of a golf
course the permitted use, including but not limited to clubhouse,
community center building, practice driving range, shuffleboard
courts, swimming pools and tennis facilities, snack shops and
restrooms.
3. Pro shops with equipment sales, no greater than 1,000 square
feet, associated with a golf course.
4. Restaurants, associated with a golf course, with a seating
capacity of 150 seats or less provided that the hours of operation
are no later than 10:00 p.m.
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5. A maximum of two residential dwellings units for use by golf
course employees in conjunction with the operation of the golf
course.
6. Golf rrmMaintenance buildings.
c. Conditional uses. The following uses are permissible as conditional uses in
the GC district, subject to the standards and provisions established in LDC
section 10.08.00.
1. Commercial establishments oriented to the golf course permitted
uses of the district including gift shops; pro shops with equipment
sales in excess of 1,000 square feet; restaurants with seating
capacity of greater than 150 seats; cocktail lounges, and similar
uses, primarily intended to serve patrons of the golf course.
2. Cemeteries and memorial gardens.
3. Equestrian facilities, including any trails, no closer than 500 feet to
residential uses.
4. Museums.
5. Water related activities, including non-motorized boating, boat
ramps, docks, and fishing piers.
6. Courts, including bocce ball, basketball, handball, pickle ball,
tennis, and racquetball.
7. Neighborhood fitness and community centers.
8. Parks and playgrounds.
9. Pools, indoor or outdoor.
10. Botanical gardens.
11. Any other recreational use which is compatible in nature with the
foregoing uses as determined by the Hearing Examiner or Board
of Zoning Appeals, as applicable.
SUBSECTION 3.C. AMENDMENTS TO SECTION 3.05.07 PRESERVATION
STANDARDS
Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
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Section 3.05.07 Preservation Standards
* * * * * * * * * * * * *
H. Preserve standards.
1. Design standards.
* * * * * * * * * * * * *
e. Created preserves. Although the primary intent of GMP CCME Policy
6.1.1 is to retain and protect existing native vegetation, there are
situations where the application of the retention requirements of this
Policy is not possible. In these cases, creation or restoration of vegetation
to satisfy all or a portion of the native vegetation retention requirements
may be allowed. In keeping with the intent of this policy, the preservation
of native vegetation off site is preferable over creation of preserves.
Created Preserves shall be allowed for parcels that cannot reasonably
accommodate both the required on-site preserve area and the proposed
activity.
* * * * * * * * * * * * *
Applicability. Criteria for determining when a parcel cannot
reasonably accommodate both the required on-site preserve area
and the proposed activity include:
* * * * * * * * * * * * *
(e) When small isolated areas (of less than 1/2 acre in size)
of native vegetation exist on site. In cases where
retention of native vegetation results in small isolated
areas of 1/2 acre or less, preserves may be planted with all
three strata; using the criteria set forth in Created
Preserves and shall be created adjacent existing native
vegetation areas on site or contiguous to preserves
on adjacent properties. This exception may be granted,
regardless of the size of the project. Created preserves
may exceed the 1/2 acre size limitation for golf course
conversion applications in accordance with LDC section
5.05.15.
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SUBSECTION 3.D. ADDING SECTION 5.05.15 CONVERSION OF GOLF COURSES
Section 5.05.15 Conversion of Golf Courses, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby added as follows:
Section 5.05.15 Conversion of Golf Courses
A. Purpose and Intent. The purpose of this section is to assess and mitigate the impact of
golf course conversion on real property by requiring outreach with stakeholders during
the design phase of the conversion project and specific development standards to
ensure compatibility with the existing land uses. For the purposes of this section,
property owners within 1,000 feet of a golf course shall hereafter be referred to as
stakeholders.
1. Stakeholder outreach process. The intent is to provide a process to cultivate
consensus between the applicant and the stakeholders on the proposed
conversion. In particular, this section is designed to address the conversion of
golf courses surrounded, in whole or in part, by residential uses or lands zoned
residential.
2. Development standards. It is the intent of the specific development standards
contained herein to encourage the applicant to propose a conversion project
with land uses and amenities that are compatible and complementary to the
existing neighborhoods. Further, the applicant is encouraged to incorporate
reasonable input provided by stakeholders into the development proposal.
B. Applicability. The following zoning actions, Stewardship Receiving Area Amendments,
and Compatibility Design Review petitions, hereafter collectively referred to as
"conversion applications," shall be subject to LDC section 5.05.15. A conversion
application shall be required when an applicant seeks to change a constructed golf
course to a non-golf course use. However, where a permitted, accessory, or
conditional use is sought for a golf course zoned Golf Course and Recreational Uses
(GC), the applicant shall be exempt from this section except for LDC section 5.05.15 H.
1. Zoning actions. This section applies to a golf course constructed in any zoning
district where the proposed use is not permitted, accessory, or conditional in
the zoning district or tract for which a zoning change is sought. Zoning actions
seeking a PUD rezone shall be subject to the minimum area requirements for
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PUDs established in LDC section 4.07.02; however, the proposed PUD shall not
be required to meet the contiguous acres requirement so long as the PUD
rezone does not include lands other than the constructed golf course subject to
the conversion application.
2. Stewardship Receiving Area Amendments. This section applies to a golf course
constructed on lands within a Stewardship Receiving Area where the proposed
use is not permitted, accessory, or conditional in the context zone for which the
change is sought.
3. Compatibility Design Review. This section applies to a golf course constructed
in any zoning district or designated as a Stewardship Receiving Area that utilize
a non-golf course use which is a permitted, accessory or conditional use within
the existing zoning district or designation. Conditional uses shall also require
conditional use approval subject to LDC section 10.08.00.
C. Application process for conversion applications.
1. Intent to Convert application. The applicant shall submit an "Intent to Convert"
application to the County prior to submitting a conversion application. The
following is required of the applicant:
a. Application. The Administrative Code shall establish the procedure and
application submittal requirements, including: a title opinion or title
commitment that identifies the current owner of the property and all
encumbrances against the property; the Developer's Alternatives
Statement, as provided for below; and the public outreach methods to be
used to engage stakeholders at the Stakeholder Outreach Meetings, as
established below.
b. Public Notice. The applicant shall be responsible for meeting the
requirements of LDC section 10.03.06.
2. Developer's Alternatives Statement requirements. The purpose of the
Developer's Alternatives Statement (DAS) is to serve as a tool to inform
stakeholders and the County about the applicant's development options and
intentions. It is intended to encourage communication, cooperation, and
consensus building between the applicant, the stakeholders, and the County.
b. Alternatives. The DAS shall be prepared by the applicant and shall
clearly identify the goals and objectives for the conversion project. The
DAS shall address, at a minimum, the three alternatives noted below. The
alternatives are not intended to be mutually exclusive; the conceptual
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development plan described below may incorporate one or more of the
alternatives in the conversion project.
No conversion: The applicant shall examine opportunities to
retain all or part of the golf course. The following considerations
are to be assessed:
a) Whether any of the existing property owners'
association(s) reasonably related to the golf course are
able to purchase all or part of the golf course; and
b) Whether any of the existing property owners'
association(s) and/or any new association reasonably
related to the golf course can coordinate joint control for all
or part of the golf course.
ii. County purchase: The applicant shall coordinate with the County
to determine if there is interest to donate, purchase, or maintain a
portion or all of the property for a public use, such as a public
park, open space, civic use, or other public facilities. This section
shall not require the County to purchase any lands, nor shall this
require the property owner to donate or sell any land.
iii. Conceptual development plan: The applicant shall prepare one
or more proposed conceptual development plans, consistent with
the development standards established in LDC section 5.05.15
G, depicting the proposed conversion. The applicant shall share
the conceptual development plan with the stakeholders at the
Stakeholder Outreach Meetings as described below. The
conceptual development plan shall include a narrative describing
how the plan implements and is consistent with the goals and
objectives identified in the DAS. The conceptual development
plan shall depict the retained and proposed land uses, including
residential, non-residential, and preserve areas; existing and
proposed roadway and pedestrian systems; existing and proposed
trees and landscaping; and the proposed location for the
greenway, including any passive recreational uses. The
narrative shall identify the intensity of the proposed land uses;
how the proposed conversion is compatible with the existing
surrounding land uses and any methods to provide benefits or
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mitigate impacts to the stakeholders. Visual exhibits to describe
the conceptual development plan and amenities, including the
greenway, shall also be provided.
3. Stakeholder Outreach Meetings (SOMs) for conversion applications. The SOMs
are intended to engage the stakeholders early in the conversion project and
inform the applicant as to what the stakeholders find important in the
neighborhood, what the stakeholders consider compatible with the neighborhood,
and what types of land uses they would support to be added to the
neighborhood. An assigned County planner shall attend the SOM and observe
the process. The following is required of the applicant:
a. The Administrative Code shall establish the procedure and application
submittal requirements.
b. The applicant shall conduct a minimum of two in-person SOMs and a
minimum of one web-based visual survey on the proposed conceptual
development plan(s). The web-based survey web address shall be
incorporated in the mailings notifying the stakeholders of the in-person
SOMs.
c. At the SOMs, the applicant shall provide information to the stakeholders
about the purpose of the meeting, including a presentation on the goals
and objectives of the conversion project, the conceptual development
plan, the greenway concept, and the measures taken to ensure
compatibility with the existing surrounding neighborhood. A copy of the
full Developer's Alternative Statement shall also be made available at
each SOM. The applicant shall facilitate discussion on these topics with
the stakeholders using one or more public outreach method(s) identified
in the Administrative Code.
d. SOM report for conversion applications. After completing the SOMs the
applicant shall prepare a SOM report. The report shall include a list of
attendees, a description of the public outreach methods used, photos
from the meetings demonstrating the outreach process, results from
outreach methods, and copies of the materials used during the SOMs.
The applicant shall also include a point-counterpoint list, identifying input
from the stakeholders and how and why it was or was not incorporated in
the conversion application. The report shall be organized such that the
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issues and ideas provided by the stakeholders are clearly labeled by the
applicant in the list and the conversion application.
4. Conversion application procedures. An applicant shall not submit a conversion
application (e.g. rezone, PUDA, SRAA, Compatibility Design Review) until the
Intent to Convert application is deemed completed by County staff and the SOMs
are completed. Thereafter, the applicant may proceed by submitting a
conversion application with the County as follows:
a. Zoning actions. For projects subject to 5.05.15 B.1., the applicant shall
file a PUDA or rezone application, including the SOM report. Deviations to
LDC section 5.05.15 shall be prohibited; further, deviations to other
sections of the LDC shall be shared with the stakeholders at a SOM or
NIM.
b. Stewardship Receiving Area Amendments. For projects subject to
5.05.15 B.2., the applicant shall file a Stewardship Receiving Area
Amendment application, including the SOM report. Deviations to LDC
section 5.05.15 shall be prohibited; further, deviations to other sections of
the LDC shall be shared with the stakeholders at a SOM or NIM.
c. Compatibility Design Review. For projects subject to 5.05.15 B.3., the
applicant shall file a Compatibility Design Review application, including
the SOM report.
D. Criteria and staff report for conversion applications. In addition to the requirements
established in LDC sections 10.02.08, 10.02.13 B., or 4.08.07, as applicable, the staff
report shall evaluate the following:
1. Whether the applicant has met the requirements established in this section and
development standards in the LDC. In particular, that the proposed design and
use(s) of the greenway, as applicable, meet the purpose as described 5.05.15
G.2.
2. Whether the SOM report and point-counterpoint list described above reflect the
discussions that took place at the SOMs.
3. Whether the applicant incorporated reasonable input provided by the
stakeholders to address impacts of the golf course conversion on stakeholders'
real property.
4. Whether the applicant provided an explanation as to why input from the
stakeholders was not incorporated into the conceptual development plan.
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E. Supplemental review and approval considerations for zoning actions and Stewardship
Receiving Area Amendments. The report and recommendations of the Planning
Commission and Environmental Advisory Council, if applicable, to the Board shall show
the Planning Commission has studied and considered the staff report for conversion
applications, reasonable input from the stakeholders, the criteria established in LDC
section 5.05.15 D, as well as the criteria established in LDC sections 10.02.08 F,
10.02.13 B, or 4.08.07, as applicable. In particular, the Planning Commission shall give
attention to the design of the greenway and how it mitigates impacts to real property.
Further attention shall be given to who can use the greenway. The Board shall consider
the criteria in LDC section 5.05.15 D, as well as the criteria established in LDC sections
10.02.08 F, 10.02.13 B, or 4.08.07, as applicable, and Planning Commission report and
recommendation.
F. Compatibility Design Review. For projects subject to 5.05.15 B.3., this section is
intended to address the impact of golf course conversion on real property by requiring
the conceptual development plan to be reviewed for compatibility with the existing
surrounding uses. The following is required:
1. Application. The Administrative Code shall establish the submittal requirements
for the compatibility design review application.
2. Public Notice. The applicant shall be responsible for meeting the requirements
of LDC section 10.03.06.
3. Compatibility Design Review. The Planning Commission shall review the staff
report as described in 5.05.15 D, the Compatibility Design Review application,
and make a recommendation to the Board based on the following criteria:
a. Whether the applicant has met the applicable requirements established
in this section and reasonably addressed the concepts identified in LDC
section 5.05.15 D.2. — D.4.
b. Whether the conceptual design is compatible with the existing
surrounding land uses.
c. Whether a view of open space is provided that mitigates impacts to real
property for the property owners that surround the golf course.
d. Whether open space is retained and available for passive recreation.
4. The Board shall consider the criteria in LDC section 5.05.15 F.3., above, the staff
report and the Planning Commission report and approve, approve with
conditions, or deny the application. Upon approval of the application, the
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applicant shall obtain approval of any additional required development order,
such as a SDP, construction plans, or conditional use.
G. Development standards. The following are additional minimum design standards for
zoning actions and Stewardship Receiving Area Amendments. The Compatibility
Design Review process shall only be subject to LDC section 5.05.15 G.6.
1. Previously approved open space. Golf course acreages utilized to meet the
minimum open space requirements for a previously approved project shall be
retained as open space and shall not be included in open space calculations for
any subsequent conversion projects.
2. Greenway. The purpose of the greenway is to retain an open space view for
stakeholders, support passive recreational uses, and support existing wildlife
habitat. For the purposes of this section the greenway shall be identified as a
continuous strip of land set aside for passive recreational uses, such as: open
space, nature trails, parks, playgrounds, golf courses, beach frontage, disc golf
courses, exercise equipment, and multi-use paths. The Board may approve other
passive recreational uses that were vetted at the Stakeholder Outreach
Meetings. The greenway shall not include required yards (setbacks) of any
individual lots.
a. The greenway shall be contiguous to the existing residential properties
surrounding the golf course and generally located along the perimeter of
the proposed development. The Board may approve an alternative
design that was vetted at the Stakeholder Outreach Meetings, as
provided for in LDC section 5.05.15 C.3.
b. A minimum of 35 percent of the gross area of the conversion project shall
be dedicated to the greenway. The greenway shall have a minimum
average width of 100 feet and no less than 75 feet at any one location.
c. Maintenance of the greenway shall be identified through the zoning or
and Stewardship Receiving Area Amendment process.
d. The greenway may be counted towards the open space requirement for
the conversion project as established in LDC section 4.02.00 except as
noted in G.1. above.
e. Existing trees and understory (shrubs and groundcover) shall be
preserved and maintained within the greenway, except where minimal
improvements are needed that provide a passive recreational use. At a
minimum, canopy trees shall be provided at a ratio of 1:2,000 square feet
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within the qreenway. Existing trees may count toward the ratio; however,
trees within preserves shall be excluded from the ratio.
f. A wall or fence is not required between the greenway and the proposed
development; however, should a wall or fence be constructed, the fence
shall provide habitat connectivity to facilitate movement of wildlife in and
around the greenway.
q. A portion of the greenway may provide stormwater management;
however, the greenway shall not create more than 30 percent additional
lake area than exists pre-conversion in the greenway. Any newly
developed lake shall be a minimum of 100 feet wide.
h. The applicant shall record a restrictive covenant in the County's official
records describing the use and maintenance of the greenway as
described in the zoning action or SRA Amendment.
3. Preserve requirements. The following preserve standards supplement those
established in LDC section 3.05.07.
a. Where small isolated areas (of less than 1/2 acre in size) of native
vegetation (including planted areas) exist on site they may be
consolidated into a created preserve that may be greater than 1/2 acre in
size in the aggregate to meet the preserve requirement.
b. Existing County approved preserve areas shall be considered as follows:
Golf courses within a conventional zoning district. All County
approved preserve areas shall be retained and may be utilized to
meet the preserve requirements for the conversion project.
ii. Golf courses within a PUD. All County approved preserve areas
shall be retained. Preserve areas in excess of the PUD required
preserve acreage may be used to meet the preserve requirement
for the conversion project.
4. Stormwater management requirements. The applicant shall demonstrate that
the stormwater management for the surrounding uses will be maintained at an
equivalent or improved level of service. This shall be demonstrated by a pre
versus post development stormwater runoff analysis.
5. Floodplain compensation. In accordance with LDC section 3.07.02 floodplain
compensation shall be provided.
6. Soil and/or groundwater sampling. In addition to the soil and/or ground water
sampling requirements established in LDC section 3.08.00 A.4.d., the applicant
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shall conduct soil and/or groundwater sampling for the pollutants as follows:
managed turf, chemical storage/mixing areas, and maintenance areas (i.e.
equipment storage and washing areas, fueling and fuel storage areas) shall be
tested for organophosphate, carbamate, triazine pesticides, and chlorinated
herbicides. In addition, maintenance areas, as described above, shall be tested
for petroleum products. The County shall notify the Department of Environmental
Protection where contamination exceeding applicable Department of
Environmental Protection standards is identified on site or where an
Environmental Audit or Environmental Assessment has been submitted.
7. All other development standards. The conversion of golf courses shall be
consistent with the development standards in the LDC, as amended. Where
conflicts arise between the provisions in this section and other provisions in the
LDC, the more restrictive provision shall apply.
H. Design standards for lands converted from a golf course or for a permitted use within the
GC zoning district shall be subject to the following design standards.
1. Lighting. All lighting shall be designed to reduce excessive glare, light trespass
and sky glow. At a minimum, lighting shall be directed away from neighboring
properties and all light fixtures shall be full cutoff with flat lenses. Lighting for the
conversion project shall be vetted with stakeholders during the SOMs and the
public hearings, as applicable.
2. Setbacks. All non-golf course uses, except for the greenway, shall provide a
minimum average 50-foot setback from lands zoned residential or with
residential uses, however the setback shall be no less than 35 feet at any one
location.
SUBSECTION 3.E. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND
REQUIRED HEARINGS FOR LAND USE PETITIONS
Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
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Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions
* * k x x X
V. Nonconforming Use Change pursuant to 9.03.02 D and Nonconforming Use Alteration,
pursuant to LDC section 9.03.03 B.S.
1. The following advertised public hearings are required:
a. One Hearing Examiner or BZA hearing.
2. The following notice procedures are required:
a. Mailed Notice prior to the advertised public hearing.
b. Newspaper Advertisement prior to the advertised public hearing.
c. Posting of a sign prior to the advertised public hearing.
W. Intent to Convert, pursuant to LDC section 5.05.15 C.1.
1. The following notice procedures are required:
a. Mailed notice sent by the applicant after the Intent to Convert application
has been reviewed and deemed satisfactory by staff to proceed to the
mailed notice and Stakeholder Outreach Meetings, and at least 20 days
prior to the first Stakeholder Outreach Meeting. For the purposes of this
application, all mailed notices shall be sent to property owners within
1,000 feet of the property lines of the subject property.
b. Posting of a sign after Intent to Convert application has been reviewed
and deemed satisfactory by staff to proceed to the mailed notice and
Stakeholder Outreach Meetings, and at least 20 days prior to the first
Stakeholder Outreach Meeting.
X. Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3.
1. The following notice procedures are required:
a. Newspaper advertisement at least 15 days prior to the Stakeholder
Outreach Meeting.
b. Mailed notice sent by the applicant at least 15 days prior to the required
Stakeholder Outreach Meetings. For the purposes of this application, all
mailed notices shall be sent to property owners within 1,000 feet of the
property lines of the subject property. This mailed notice may include both
required Stakeholder Outreach Meeting dates. All mailed notices shall
Page 17 of 19
Words struck through are deleted, words underlined are added
include the web address to participate in the required web-based visual
survey.
Y. Compatibility Design Review, pursuant to LDC section 5.05.15 F.
1. The following advertised public hearings are required.
a. One Planning Commission hearing.
b. One BCC hearing.
2. The following notice procedures are required:
a. Newspaper advertisement at least 15 days prior to the advertised public
hearing.
b. Mailed notice sent by the applicant at least 15 days prior to the required
public hearings. For the purposes of this application, all mailed notices
shall be sent to property owners within 1,000 feet of the property lines of
the subject property.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this 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 re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
Page 18 of 19
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SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 28th day of March, 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
40
By. (At By /�`s/1✓
., ! puty Clerk PENNY IR, Ch 's n
Att st.aS,{O, .� an's
signature only.
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
04-CMD-01077/1752 (3/28/17)
This ordinance filed with the
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and acknowledgem lot
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Page 19 of 19
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f
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
March 30, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann P. Jennejohn, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 17-10, which was filed in this office on March 30, 2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us