Ordinance 2020-002 ORDINANCE NO. 20 — 02
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 CLARIFY THAT THE MINIMUM FLOOR AREA
FOR COMMERCIAL USES, MIXED-USES AND APARTMENTS IN THE
BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA DOES
NOT APPLY TO GUEST ROOMS IN HOTELS; 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 FOUR — SITE DESIGN AND DEVELOPMENT
STANDARDS, INCLUDING SECTION 4.02.16 DESIGN STANDARDS
FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE
REDEVELOPMENT AREA; 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2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as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
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 November 21, 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 an advertised public hearing on January 14, 2020, 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
Section 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle
Redevelopment Area, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
Section 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle
Redevelopment Area
A. Dimensional and Design Standards for the BMUD.
1. Neighborhood Commercial Subdistrict (BMUD-NC).
a. Specific District Provisions:
Maximum Density: 12 units per acre comprised of density allowed
by the underlying zoning district and available density bonuses.
ii. Lot and building dimensional requirements for new development
are provided below. These requirements shall be based on the
building type of the principal structure(s) as described in section
4.02.16 D., Building Types and Architectural Standards.
Table 1. Dimensional Requirements in the BMUD-NC
House 1 Rowhouse 2 Apartment Mixed-Use Commercial Civic &
Institutional
Min. Lot Width (ft) 50 25 3 100 100 100 5 100
Min. Front Yard (ft) 10 10 10 5 5 10
Max. Front Yard (ft) 20 15 20 20 20 20
Min. Side Yard (ft) 5 5 5 5 5 10
Min. Rear Yard (ft) 15 15 20 20 20 20
Waterfront Yard (ft) 25 25 25 25 25 25
Min. Floor Area (sq ft) 700 700 700 700 700 n/a
per units per units per unit
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Min. Building n/a n/a 10 10 10 10
Separation
Max. Building Height 42 42 42 56 56 42
(ft) 4
Notes:
1 See 4.02.16.A.7 regarding Duplexes.
2 See 4.02.16.A.7 regarding Two-Family Dwellings.
3Applies to individual unit.
4 Zoned Height of Building.
'Property zoned C-3 shall have a minimum lot width of 75 feet.
6 Not applicable to guest rooms in hotels.
2. Waterfront Subdistrict (BMUD-W).
a. Specific District Provisions:
Maximum Density: 12 units per acre comprised of density allowed
by the underlying zoning district and available density bonuses.
ii. Lot and building dimensional requirements for new development
are provided below. These requirements shall be based on the
building type of the principal structure(s) as described in section
4.02.16 D., Building Types and Architectural Standards.
Table 2. Dimensional Requirements in the BMUD-W
House 1 Rowhouse 2 Apartment Mixed-Use Commercial Civic &
Institutional
Min. Lot Width (ft) 50 25 3 100 100 100 5 100
Min. Front Yard (ft) 10 10 10 5 5 10
Max. Front Yard (ft) 20 15 20 20 20 20
Min. Side Yard (ft) 5 5 5 5 5 10
Min. Rear Yard (ft) 15 15 20 20 20 20
Waterfront Yard (ft) 25 25 25 25 25 25
Min. Floor Area (sq ft) 700 700 700 700 700 n/a
per units per units per unit s
Min. Building n/a n/a 10 10 10 10
Separation
Max. Building Height 42 42 42 56 56 42
(ft) 4
Notes:
1See 4.02.16.A.7 regarding Duplexes.
2 See 4.02.16.A.7 regarding Two-Family Dwellings.
3Applies to individual unit.
4 Zoned Height of Building.
5 Property zoned C-3 shall have a minimum lot width of 75 feet.
6 Not applicable to guest rooms in hotels.
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* * * * * * * * * * * *
B. Dimensional and Design Standards for the GTMUD.
1. Mixed Use Subdistrict (GTMUD-MXD).
a. Specific District Provisions:
i. Maximum Density: 12 units per acre comprised of density allowed
by the underlying zoning district and available density bonuses.
ii. Lot and Building Dimensional Requirements: Lot and building
dimensional requirements for new development are provided
below. These requirements shall be based on the building type of
the principal structure(s) as described in section 4.02.16 D.,
Building Types and Architectural Standards.
Table 7. Dimensional Requirements in the GTMUD-MXD
House ' Rowhouse 2 Apartment Mixed-Use Commercial Civic &
Institutional
Min. Lot Width (ft) 50 25 3 100 100 100 5 100
Min. Front Yard (ft) 10 10 10 6.5 6 6.5 6 10
Min. Side Yard (ft) 7.5 5 7.5 10 10 10
Min. Rear Yard (ft) 15 15 20 5 5 15
Min. Waterfront 25 25 25 25 25 25
Setback (ft)
Min. Floor Area (sq 1,100 1,000 750 700 700 n/a
ft) per unit a per unit 8 per unit e
Min. Building n/a n/a 10 10 10 10
Separation
Max. Building Height 42 42 42 56 ' 56 ' 42
(ft) 4
Notes:
1 See 4.02.16.B.3 regarding Duplexes.
2 See 4.02.16.B.3 regarding Two-Family Dwellings.
3 Applies to individual unit.
4 Zoned Height of Building.
5 Property zoned C-3 shall have a minimum lot width of 75 feet.
6 Development in the Mini-Triangle Area of the GTMUD-MXD subdistrict shall have a
maximum setback of 20 feet.
' MUPs in the Mini-Triangle Area of the GTMUD-MXD subdistrict shall have a maximum
zoned building height of 112 feet.
8 Not applicable to quest rooms in hotels.
* * * * * * * * * * * *
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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.
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 14th day of January, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL 1,, ,:giINZELizICLERK OF COLLIER CAOr FLORIDA
ce)iiiii
�.� ` :!
By. � :� , }C) C. _ By.
" j���,.I , ty Clerk WIL SAM L. MCDANIEL, JR., Chairman
14test t0 Ch ..-
iignatur Illi.
Approve• as to form and legality:
This ordinance flied re, � (--4,--
1'_,,,
rlry ooff � 010.6( 20
7-0—y l• kar-
Assistant
County Attorney and acknowleda tnt y°°='
fi ' received tis b� . c sft =..r
04-CMD-01077/1824(11/27/19)
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L 1.111!'
ik
FLORIDA DEPARTMENT Of STATE
,
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
January 21, 2020
Ms. Ann Jennejohn, BMR 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. 20-02, which was filed in this office on January 21, 2020.
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.tl.us