Ordinance 2019-08 ORDINANCE NO. 19 — 08
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, TO ALLOW COMMUNICATIONS TOWERS AS A
CONDITIONAL USE IN THE RURAL FRINGE MIXED USE SENDING
LANDS AND CONSERVATION DISTRICT; 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 2.01.03 ESSENTIAL SERVICES AND SECTION
2.03.08 RURAL FRINGE ZONING DISTRICTS, AND SECTION 2.03.09
OPEN SPACE DISTRICT; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. [PL20180003474]
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2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as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, 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 Collier County Planning Commission, sitting as the land planning
agency, did hold an advertised public hearing on February 28, 2019, and reviewed the proposed
amendments for consistency with the Comprehensive Plan and did recommend approval; and
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WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on May 14, 2019, and June 11, 2019, 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.
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
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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 shall be consistent
with such comprehensive plan or element as adopted.
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, 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.
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,
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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 2.01.03 ESSENTIAL SERVICES
Section 2.01.03 Essential Services, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 2.01.03 Essential Services
Essential services are hereby defined as services designed and operated to provide
water, sewer, gas, telephone, electricity, cable television or communications to the general
public by providers which have been approved and authorized according to laws having
appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning
district subject to the following conditions:
* * * * * * * * * * * * *
G. Conditional uses. The following uses require approval pursuant to section 10.08.00
conditional uses:
* * * * * * * * * * * *
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2. Conditional essential services in RFMU sending lands, NRPAs, CON districts,
and RLSA designated HSAs and FSAs. Within RFMU District Sending Lands,
NRPAs, CON districts, and the RFLA designated HSAs and FSAs subject to the
limitations set forth in LDC section /1.08.08 C.2. 4.08.05 H.3, in addition to the
�. •- -e • ,
G.1. above, the following additional essential services are allowed as conditional
uses:
a. Sewer lines and lift stations necessary to serve a publicly owned or
privately owned central sewer system providing service to urban areas; or
the Rural Transition Water and Sewer District, as delineated on the
Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use
Element of the GMP, when not located within already cleared portions of
existing rights-of-way or easements;
b. Safety Services limited to law enforcement, fire, and emergency medical
services; and
c. Oil and gas field development and production, as defined and regulated in
this Code, remains a conditional use on or beneath Conservation Collier
lands established in the CON zoning district subject to subsection 2.03.09
B.1.c.i.
3. Additional conditional uses in residential, and estate zoned districts, and in
RFMU receiving and neutral lands. In residential, agricultural, and estate zoned
districts and in RFMU Receiving and neutral lands, in addition to those essential
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services identified as conditional uses in section 2.01.03 G.1. above, the
following essential services shall also be allowed as conditional uses:
a. Regional parks and community parks;
b. Public parks and public library facilities;
c. Safety service facilities;
d. Other similar facilities, except as otherwise specified herein.
4. Additional conditional uses in the RFMU sending lands and CON districts. The
following essential services shall be allowed as conditional uses:
a. Communications towers, subject to all applicable provisions of LDC
section 5.05.09.
4, 5. Conditional uses that include the installation of structures:
a. Where structures are involved other than structures supporting lines or
cables, such structures shall comply with the regulations for the district in
which they are located, or as may be required on an approved site
development plan under section 10.02.03. In addition, the structures shall
conform insofar as possible to the character of the district in which they
are located as to development standards, as well as architecture and
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landscaping, with utilization of screening and buffering to ensure
compatible with the surrounding and nearby existing and future uses.
b. Within the RFMU district sending lands, NRPAs, Conservation Districts,
and the RLSA HSAs and FSAs, structures supporting the conditional use
shall be located so as to minimize any impacts on native vegetation and
on wildlife and wildlife habitat.
c. Essential services shall not be deemed to include the erection of
structures for commercial activities such as sales or the collection of bills
in districts from which such activities would otherwise be barred.
Unstaffed billing services, which are accessory uses to the normal
operations of the essential service, may be permitted.
* * * * * * * * * * * *
SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.08 RURAL FRINGE ZONING
DISTRICTS
Section 2.03.08 Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.08 Rural Fringe Zoning Districts
* * * * * * * * * * * * *
A. Rural Fringe Mixed-Use District (RFMU District).
* * * * * * * * * * * * *
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4. RFMU sending lands. RFMU sending lands are those lands that have the highest
degree of environmental value and sensitivity and generally include significant
wetlands, uplands, and habitat for listed species. RFMU sending lands are the
principal target for preservation and conservation. Density may be transferred
from RFMU sending lands as provided in LDC section 2.03.07 D.4.c. All NRPAs
within the RFMU district are also RFMU sending lands. With the exception of
specific provisions applicable only to NBMO neutral lands, the following
standards shall apply within all RFMU sending lands:
* * * * * * * * * * * * *
a. Allowable uses where TDR credits have not been severed.
* * * * * * * * * * * * *
(3) Conditional Uses.
(a) Those essential services identified in LDC section 2.01.03
G.2 and 4.
* * * * * * * * * * * * *
b. Uses allowed where TDR credits have been severed.
* * * * * * * * * * * * *
(2) Conditional uses:
(a) Those Essential Uses identified in LDC section 2.01.03
G.2 and 4.
* * * * * * * * * * * * *
SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.09 OPEN SPACE ZONING
DISTRICTS
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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:
2.03.09 Open Space Zoning Districts
* * * * * * * * * * * * *
B. Conservation District "CON". The purpose and intent of the conservation district "CON"
is to conserve, protect and maintain vital natural resource lands within unincorporated
Collier County that are owned primarily by the public. All native habitats possess
ecological and physical characteristics that justify attempts to maintain these important
natural resources. Barrier islands, coastal bays, wetlands, and habitat for listed species
deserve particular attention because of their ecological value and their sensitivity to
perturbation. All proposals for development in the CON district must be subject to
rigorous review to ensure that the impacts of the development do not destroy or
unacceptably degrade the inherent functional values. The CON District includes such
public lands as Everglades National Park, Big Cypress National Preserve, Florida
Panther National Wildlife Refuge, portions of the Big Cypress Area of Critical State
Concern, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery
Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and
the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It
is the intent of the CON District to require review of all development proposed within the
CON District to ensure that the inherent value of the County's natural resources is not
destroyed or unacceptably altered. The CON District corresponds to and implements the
conservation land use designation on the future land use map of the Collier County
GMP.
1. Allowable uses. The following uses are allowed in the CON District,
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* * * * * * * * * * * * *
c. Conditional uses. The following uses are permitted as conditional uses in
the CON, subject to the standards and procedures established in section
10.08.00 and further subject to: 1) submission of a plan for development
as part of the required EIS that demonstrates that wetlands , listed
species and their habitat are adequately protected; and 2) conditions
which may be imposed by the Board of County Commissioners, as
deemed appropriate, to limit the size, location, and access to the
conditional use.
* * * * * * * * * * * * *
2. Those essential services set forth in subsection 2.01.03 G.2. and
4.
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.
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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 11th day of June , 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTA KINZEL, CLERK OF COLLIER Cs NTY, FLORIDA
6'€) 1**'
By. :OULU $ 0 C. • By: .. 1
-.qty ClerkWI r` IAM L. MCDANIEL, JR., Chairman
signature only.
Approved as to form and legality:
�
A (Jo
He i F. Ashton-Cicko
Managing Assistant County Attorney
04-CMD-01077/1805 (6/11/19)
18-LDS-00061
This ordinance ev;th th'z
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and acknowledge ,tE(�th�,at
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
June 12, 2019
Ms. Ann Jennejohn, Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-08, which was filed in this office on June 12, 2019.
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