Ordinance 2006-14
ORDINANCE NO. 06- 14
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
.F COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
~UMBER 04-41, AS AMENDED, THE COLLIER COUNTY lAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND DEVELOPMENT 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 2 - ZONING DISTRICTS AND USES, INCLUDING,
SECTION 2.06.03 AHDB RATING SYSTEM; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION If-:'
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22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance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
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 is the second amendment cycle to the LDC for the calendar year
2005; 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 February 8, February 28, 2006 and March 28,
2006 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
local government comprehensive planning and land development regulation act (F.S. ~
163.3161 etseq.), 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
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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 Sec. 163.3161, et seq., Fla. Stat., the Florida
Local Government Comprehensive Planning and Land Development Regulations Act
(herein after 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. Section 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.
4. Section 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 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), 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. 163.3161 et seq., Fla. Stat.,
and Rule 9J-5 F.A.C.
7. Section 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
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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. The Land Development Code adopted in Ordinance 91-102
was recodified and superseded by Ordinance 04-41.
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 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.
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SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A AMENDMENTS TO SECTION 2.06.03 AHDB Rating System
Section 2.06.03 AHDB Rating System, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.06.03 AHDB Rating System
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Table A. Affordable-Workforce-Gap Housing Density Bonus
(Additional Available Dwelling Units Per Gross Acre)
Maximum Allowable Density Bonus by Percent of Development Designated as
Affordable-Workforce-Gap Housing
Household
Product Income 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
(% median)
GaD 81-150% 1 ~ ~ ~ ~ 2 2 2 2 n/a
MI* **
Workforce 61-80%
Income Lovol MI. .:t-~ 2~ J~ 4~ a~ e~ 7~ 8 8 8
Low 51-60%
MI 2~ J~ 42 a~ e~ 78 8 8 8 8
50%
or less
Very Low
MI J~ 4~ aI e~ 7~ 8 8 8 8 8
*Owner-occupied only
**Mav onlv be used in coniunction with at least 10% at or below 80%MI
Total Allowable Density = Base Density + Affordable-Workforce-Gap Housing Density Bonus
In no event shall the maximum gross density allowed exceed 16 units per acre
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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 Section not affect the validity of the remaining portion.
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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-Iettered 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 28th day of March, 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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FRANK HALAS, CHAIRMAN
By:
Approved as to form and
legal sufficiency:
~g:i~t'~d'e~~tlr'~7 L dftU-- (Ji{il-l_-ia
Assistant County Attorney
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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 2006-14
Which was adopted by the Board of County Commissioners
on the 28th day of March, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of March, 2006.
DWIGHT E. BROCK
Clerk of Courts .~~d'Clerk,
Ex-officio to ~oard of
County Commissioners
~ h~.O.G,
By: Ann Jenne]ohn,'
Deputy Clerk