Ordinance 2020-020ORDINANCE NO. 20 — 20
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 INCREASE THE SEATING LIMITATIONS TO
A MAXIMUM OF 200 SEATS AND EXTEND THE HOURS OF
OPERATION FOR RESTAURANTS WITHIN THE GOLF COURSE AND
RECREATIONAL USE DISTRICT (GC) WHEN LOCATED WITHIN THE
GOLDEN GATE CITY ECONOMIC DEVELOPMENT ZONE, 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 2.03.09 OPEN
SPACE ZONING DISTRICTS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. [20190002545]
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2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as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 advertised public hearings on December 3, 2019, and June 16, 2020, and
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reviewed the proposed amendments for consistency with the Comprehensive Plan and
recommends approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on December 10, 2019, and July 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. VII I, § 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.
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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 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
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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 2.03.09 OPEN SPACE ZONING DISTRICTS
Section 2.03.09, 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,
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.
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Accessory 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 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. However, the seating capacity shall be
limited to 200 seats. and the hours of operation may be extended
to 12:00 a.m., within the Golden Gate City Economic Development
Zone.
5. A maximum of two residential dwellings units for use by golf
course employees in conjunction with the operation of the golf
course.
6. Maintenance buildings.
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 including
gift shops; pro shops with equipment sales in excess of 1,000
square feet; restaurants with seating capacity of greater than 150
seats outside the Golden Gate City Economic Development Zone;
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.
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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.
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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 14' day of July, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By: By
attest as to Chairman's °eP y le
signature only.
Approved as to form and legality:
Ff-e'idi F. Ashton-Cicko
Managing Assistant County Attorney
04-CMD-01077/ I ) (6/17/20)
BURT L. SAUNDERS, Chairman
This ordinance fii�,d Nvith the
Secretary of S•ut ; Office the
a?�day of i.qv�W._
and acknowlpd{feWent of thut
filing_ received this cAY—St day
of .J,!
13
D*puty CIO
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS
Governor
July 21, 2020
Ms. Ann P. Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Attn: Martha Vergara, BMR & VAB Senior Deputy Clerk
Dear Ms. Jennejohn:
LAUREL M.LEE
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 20-20, which was filed in this office on July 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