Ordinance 2004-01ORDINANCE NO. 04-
AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, AS AMENDED, THE COLI,IER
COUNTY I.AND DEVEI~OPMENT CODE, WlliCII
INCI.UDES TIlE COMPREHENSIVE
REGUI~ATIONS FOR THE UNINCORPORATED
AREA OF COLI.IER COUNTY, FLORIDA, BY
PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION
THREE, ADOPTION OF AMENDMENTS TO THE
I.AND DEVEI~OPMENT CODE, MORE
SPECIFICAIAN AMENDING TIlE FOIA~OWING:
ARTICI,E 2, DIVISION 2.2, ZONING I}ISTRICTS,
PERMITTED USES, CONDITIONAI~ USES,
DIMENSIONAl, STANDARDS, ADDING THE
VANDERBiI~T BEACH RESIDENTIAl, TOURIST
OVERLAY DISTRICT; SECTION FOUR, CONFLICT
AND SEVERABILITY; SECTION FIVE, INCi~USION
IN THE COIAAER COUNTY LAND DEVEi~OPMENT
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 unless additional amendment cycles are approved by the Collier
County Board of County Commissioners pursuant to Section 1.19.1., LDC; and
WHEREAS, this is the third amendment to the LDC, Ordinance 91-102, for
the calendar year 2003; 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
W H EREAS, 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 December 10, 2003 and January 7,
2004, and did take action concerning this amendment 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.
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NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida, that:
SECTION ()NE: RECITAI.S
The tbrcgoing recitals are true and correct and incorporated by reference
herein as it' fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board ol'County Commissioners of Collier County, Florida, hereby
makes thc following findings ot' iktct:
1. Collier County, pursuaut to Sec. ! 63.3161, ct seq., Fla. Stat., thc
Florida Local Government Comprehensive Planning and Land Development
Regulations Act (hereinafter thc "Act"), is required to prcparc and adopt a
Comprchcnsivc Plan.
'~ 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 arc 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 thereot; 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 arnended 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 thc "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
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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 thc Collier County
Land Dcvclopmcnt Codc, which hccamc cffcctivc on Novcmbcr 13, 1991 and may
bc amended twice annually.
1 I. 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 thc most appropriate usc 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 thc total unincorporated are of Collier County and il is intended that
this Land Development Codc preserve, promotc, protect, and improve thc puhlic
health, safcty, comfort, good ordcr, appearance, convcniencc, and general wcll:are
of Collier County; prevent the overcrowding of land and avoid the unduc
concentration of population; facilitate the adequate and efficient provision of
transportation, water, sewerage schools, parks, recreational facilities, housing, and
other requirements and services, conscrvc, develop, utilize, and protect natural
resources within thc jurisdiction of Collier County; and protect human,
environmental, social, and cconomic resources; and maintain through orderly
growth and development, thc 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 DIVISION 2.2. ZONING
DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL
STANDARDS,
Division 2.2. Zoning Districts, Permitted Uses, Conditional Uses, Dimensional
Standards, of Ordinance 91-102, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
Sec. 2.2.38,.. Vanderbilt Beach Residential Tourist Overla Zonin District VBRTO
2.2.38.1. Pur ese anti intent. The u ese and intent of this district is to encoura e develo ment
and redevelo ment of the Vanderbilt Beach area to be sensitive to the scale eom atibili and
sense of lace that exists in the Vanderbiit Beach area. This district is intended to: establish
develo ment standards which will rotect view corridors li ht and air movements between the
Gulf of Mexico and the Vanderbilt La eon and revent the creation of a can on-like effect on each
side of the narrow Gulfshore Drive~.
2.2.38.2. A licabili '. These re,ulations shall a I to the Vanderbiit Beach Residential Tourist
Overla District as identified on VBRTO Ma 2.2.38-1 and further identified b the desi,nation
"VBRTO" on the a licable official Collier Count zonin, atlas ma s. Exce t as rovided in this
~ection of the code all other uses dimensional and develo ment re nirements shall be as re uired
or allowed in thc applicable underlying zoning district.
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2.2.38.3 Gco.~raphic I~oumlaric.~: The boundaries or' fl~c Vanderbill Beach Residential Tourist
.Overlay District are delineated on Map 2.2.38-1 below.
Map 2.2.38-!
2.2.38.4. Figures. The figures { 1-4) used in this section are solely intended to provide a graphic.
example of conditions that will protect view corridors, light and air movements between the Gu!.f
of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects.
Variations from these figures, which nonetheless adhere to the provisions of this section, are
permitted. The Community Character Plan For Collier County, Florida (April 2001) should be
referenced as a uide for future develo ment and redevelo ment in the overla district.
2.2.38.5. Development criteria. The following standards shall apply to all uses in this overlay
district.
2.2.38.5.1. Permitted uses.
1. Hotels and motels.
Multiple-family dwelline, s.
Family care facilities, subject to section 2.6.26.
4. Timeshare facilities.
2.2.38.5.2.
1.
Uses accesso~T to permitted uses:
Uses and structures that are accessory and incidental to the uses permitted as of rieht
in the Vanderbilt Beach Residential Tonrist Overlay District (VBRTO).
Shops, personal service establishments, eating or drinking establishments, dancing and.
staged entertainment facilities, and meeting rooms and auditoriums where such uses
are an integral part of a hotel or a motel and to be used by the patrons of thc
hotel/motel.
Private docks and boathouses, subject to sections 2.6.21. and 2.6.22.
Recreational facilities that serve as an integral part of the permitted use designated on
a site development plan or preliminary subdivision plat that has been previously
reviewed and approved which may include, but are not limited to: golf course
clubhouse, community center building and tennis thcilities, parks, playgrounds and '
playfields.
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sm: ......... ~,.. are
tttona~, s~,. id~
2 2.38.5 3. Coral'' '" -- , , ...... :~, ,VBRTO~, subiect to the standards and
~/anderbilt Beach Residential Tourist uvermL
Er~ced~tres established in section 2.7.4:
1 ._ Churches and other places of worship:
2. Marinas, subiect to section 2.6.22.
3. Noncommercial boat lat~nching lhcilities, subicct m thc at~t~licable review criteria set
~ lkn'th in s_ cction ~.6.21.
4. Group care t~cilities (category I and 1I}; care units; nursing homes; assisted living
t~cilities pursuanl to ~ 400.402 F.S. a~2d ch. 58A-5 F.A.C.; and continuing care
retirement comnmnities pursuant
sectim~2.6.26.
5. priva~lc clubs.
6. Yacht clubs_.
2.2.38.6. Dimensiomt[ .standardx. The followin, dimensional standards shall a I to all
permitted, accessory, an.d_con.d.i_tional uses in the Van~~ist Overla
District (¥BRTQ~.
2.2.38.6.1. Minimum lot area. One conti ,uous acre not bisected b a ublic ri ,ht-of-wa .
2.2.38.6.2..^~linimum lot width. 150 feet.
2_..2.38.6.3.
I.
2.
3.
Mini,turn yard requireme, ts.
Front yard: one-half the buildine height with a n~inimum of 30 feet..:
Side ards: one-half the buildin hei ht with a minimum of 15 feet.
Rear ard: one-half the buildin hei ,hr with a minimum of 30 feet.
2.2.38.6.4. Maximum hei ht: 75 feet. The hei,ht of the buildin will be measured accordin, to
the standards in LDC Division 6.3 Definitions: Buihlin actual hei,ht o and Buildin, Zoned
height o[.
2.2.38.6.5. Maximum density permitted. A maximum of 26 units per acre for hotels and motels=
~nd 16 units per acre for timeshares, multifamil¥, family care facilities.
2.2.38.6.6. Distance between structures. The minimum horizontal distance se aration between
a_ny two principal buildings on the same parcel of land may not be les~tance eualm 15
feet or one-half of the sum of their heights, whichever is greater. For accessory buildings and
structures dimensional criteria, see section 2.6.2.
_2.2.38.6.7. Floor area requirements.
2.2.38.6.7.1. Three hundred 300 s uare foot minimum with a five hundred 500 s uare foot
maximum for hotels and motels exce t that twent ercent 20% of the total units ma exceed the
maximum.
2.2.38.6.7.2. Timeshare/multifamily minimum area: efficiency {450 square feet}, one bedroom
}600 square feet), and two or more bedrooms (750 square feet}.
2.2.38.6.8. Maximum lot area coverage. {Reserved.)
2.2.38.7. Preservation of view corridors, light and air .lol,emettts between the Gulf of Mexico
and the Vanderbilt Lagoon.
2.2.38.7.1. Fi,ures I - 4 while not re uirements de ict desired buildin, relationshi s and view
iane/an,le of vision exam les. Fi,re'es used in this section are solel intended to rovide a
,fa hic exam le of conditions that will rotcct view corridors Ii ,ht and air movements between
the Gulf of Mexico and the Vanderbilt l.a,oon and not as re uirements for the st le of s ecific
proiects. Variations from these figures, which nonetheless adhere to the provisions of this sectio~h
are permitted.
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_2.2.38.8. O~[-street parking ami o[{:strs'_~s required in Division 2.3 of this code.
.2.2.3_8.9. Landsca~'quirements. As required in Division 2.4 of this code:
~.2.38.10. Signs. As required in Division 2.5 of this code.
~ 9 ~b~11 (~m~,t;~wtion Sctbac~ l. i11~~ As r~t~n D~visit~n 3.1~ of this
* ¢ ' I ¢ Po~'14)i~'a~'tcr Rccen't'rv ..Dui Rt'con.~trltct(°u ~Ilanelgcnlcnt._As [c~uircd in l~ivision
2.2.38212 ...... · ~ ....
X 17 ol'll....~is code.
2.2.38.13. VestedRi hts. All ro'ectswithintheOverla Dis~ictforwhichcom leted
~¢lica~ion~ tBr rezoni~g, conditional use, variance, subdivi~~ ment lan or lat
~¢roval were filed with~roved by Collier County Prior lo the adoption date of the
moratorium January 9, 2002, and subseauent amendments to LDC Section 2.2.36, shall be subiecA
to the z~nine r~g¢lations for this Residential Tourist Zoning District in el%ct at the time th~
application was deemed to be complete or at the time the application was approved and m' not
subiect to th~.~m~erbilt Beach Cesidenlial Tourist Zoning Overlay regulations. For pu¢oses of
this pr0visim~, t!~e term "c ~pleted ap¢lication shall nDean any a~lication which l!as been
deemed suf¢~lannin~ services staff gBd has been assigned~n application r~uest 0umber.
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LDC Section 2.2.38.7.1
FIGURE- 1
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LDC Section 2 2.38 7.1
FIGURE - 2
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LDC Section 2.2.38.7.1
V.P. :- ViE'~ PLANE OR ANClfl OF VISION
FIGURE - 3
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LDC Section 2.2.38.7.1
,I
ViEW
UNi)t: %IRABL.~
PLANE OR ANG~E
OF- VISION
FIGURE - 4
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SECTION FOUR: CONFLICT AND SEVERABILITY
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 relettered to accomplish such, and the word "ordinance" may be changed to
"section", "article", or any other appropriate word.
SECTION SIX: EFFECTIVE DATES
This Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
Cc:aiAy, Florida, this ~ day of ~./2/af~, 2004.
ATTEST:
DWIGHT E. BROCK, CLERK
COMMISSIONERS
By ',,.
Approve&~. .' ."~::
~ ~. ~ite
Assistant County Attorney
BOARD OF cOUNTY
OF COLLIER COUNTY, FLORIDA
TOIV~~
This ordinance fi!ed with thc:
Secretary of Stole's Office
and acknowledgement of that
filing received this ~ d y
of B
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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
certi£y that the foregoing is a true copy
ORDINANCE NO. 2004-01
Which was adopted by the Board of County Commissioners on
the 7th day of January, 2004, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 7th day
Of January, 2004.
DWIGHT E.
Clerk of C6~'~V~9,d OI~rk
Ex-o~c~o
co =t
~.: ~ ~,'"
By: Linda A.
Deputy ~Clerk