Chapter 106 - Planning Chapter 106
PLANNING*
Article I. In General
Sec. 106-1. Local planning agency.
Secs. 106-2-106-30. Reserved.
Article II. Zoning Reevaluation
Sec. 106-31. Short title.
Sec. 106-32. Definitions.
Sec. 106-33. Rules of construction.
Sec. 106-34. Findings.
Sec. 106-35. Intent.
Sec. 106-36. Purpose.
Sec. 106-37. Minimum requirement.
Sec. 106-38. Authority.
Sec. 106-39. Applicability.
Sec. 106-40. Exemptions.
Sec. 106-41. Hearing officer.
Sec. 106-42. Establishment of planning communities.
Sec. 106-43. Zoning reevaluation program.
Sec. 106-44. Determination of consistency.
Sec. 106-45. Compatibility exception.
Sec. 106-46. Determination of vested rights.
%limi Sec. 106-47. Effect of development agreement in conjunction with a compati-
bility exception or a determination of vested rights.
Sec. 106-48. Appeals.
Secs. 106-49-106-70. Reserved.
Article III. Reserved
Secs. 106-71-106-105. Reserved.
Article IV. Development Agreements
Sec. 106-106. Short title;applicability.
Sec. 106-107. Definitions.
Sec. 106-108. Statement of intent.
Sec. 106-109. Use of agreements.
Sec. 106-110. Applications.
Sec. 106-111. Requirements.
Sec. 106-112. Term.
Sec. 106-113. Notices and hearings.
Sec. 106-114. Amendment and cancellation by mutual consent.
Sec. 106-115. Recordation.
Sec. 106-116. Periodic review.
Sec. 106-117. Governing laws and policies.
Sec. 106-118. Enforcement.
*Cross references-Development services advisory committee, §2-1031 et seq.;buildings and building regulations,ch. 22;
coastal zone protection,§22-286 et seq.;community development,ch.42;floods,ch.62;manufactured homes and trailers,ch.86;
roads and bridges,ch. 110;housing initiatives partnership(SHIP)program,§114-56 et seq.;public beach access,§ 146-61 et seq.
Special act references-Special acts pertaining to planning,ch.250;planning commission,§250-33.
State law reference-Local Government Comprehensive Planning and Land Development Regulation Act,F.S.§163.3161 et
seq.
Supp.No.46 CD106:1
COLLIER COUNTY CODE
Sec. 106-119. Modification or revocation to comply with subsequently enacted
state and federal law.
Secs. 106-120-106-130. Reserved.
Article V. Appraisal of Land and Easements Proposed for Purchase
Sec. 106-131. Authority.
Sec. 106-132. Policies and procedures governing the appraisal of land and
easements proposed for purchase.
Supp.No.46 CD106:2
PLANNING § 106-1
ARTICLE I. IN GENERAL (6) Perform any other functions, duties and
responsibilities assigned to it by the board
of county commissioners or general or
Sec. 106-1. Local planning agency.
special law; and
(a) Authority. This section is enacted pursuant (7) The community development division is
to and in accordance with the provisions of F.S. designated by the board of county commis-
ch. 163, pt. II (F.S. § 163.3161 et seq.) (Local sioners and the local planning agency as
Government Comprehensive Planning and Land
Development Regulation Act). the agency responsible for preliminary
recommendations on comprehensive plan
amendments, consistency of land use reg-
(b) Designation and establishment. Pursuant
ulations or development orders with the
to and in accordance with F.S. § 163.3174, the comprehensive plan. However, final rec-
local planning agency for the unincorporated area ommendation to the board of county corn-
of the county is hereby established and defined to missioners for the adoption of amend-
consist of the county planning commission. ments to the comprehensive plan, or
determination of the consistency of land
(c) Duties and responsibilities. In accordance
use regulations or development orders
with the Local Government Comprehensive Plan- with such plan,shall be the responsibility
ning and Land Development Regulation Act, F.S.
of the local planning agency.
§§ 163.3161-163.3215,the local planning agency
shall: (d) Organization, rules and procedures. Mem-
(1) Conduct the comprehensive planning pro- bers of the local planning agency shall continue to
gram and prepare the comprehensive plan be appointed and follow such rules of procedure,
or elements or portions thereof for the methods of choosing officers, setting of public
unincorporated area of the county; meetings, providing of financial support, and ac-
complishing its duties as provided by the policies
(2) Coordinate said comprehensive plan or and ordinances of the county and general or
elements or portions thereof with the com- special law.
prehensive plans of other appropriate lo-
cal governments and the state; (e) Public meetings and records. All meetings
of the local planning agency shall be public meet-
(3) Make recommendations regarding the ings and all agency records shall be public re-
adoption of said comprehensive plan or cords. The local planning agency shall encourage
elements or portions thereof to the board public participation.
of county commissioners; (f) Compensation. The members of the local
(4) Monitor and oversee the effectiveness and planning agency shall serve without compensa-
status of the comprehensive plan and tion but may be reimbursed for such travel, mile-
recommend to the board of county corn- age and/or per diem expenses as may be autho-
missioners such changes in the compre- rized by the board of county commissioners. The
hensive plan as may be required from board of county commissioners shall appropriate
time to time; funds at its discretion to the local planning agency
for expenses necessary in the conduct of its work.
(5) Review proposed land development regu- The local planning agency may,in order to accom-
lations,land development codes,or amend- plish the purposes and activities required by the
ments thereto, and make recommenda- Local Government Comprehensive Planning and
tions to the governing body as to the Land Development Regulation Act(F.S.§163.3161
consistency of the proposal with the ad- et seq.), expend all sums so appropriated and
opted comprehensive plan or element or other sums made available for use from fees,gifts,
portion thereof; state or federal grants, state or federal loans,and
Supp. No.46 CD106:3
106-1 COLLIER COUNTY CODE
other sources; provided, acceptance of loans or property substantial infrastructure as approved
grants must be approved by the board of county in a final development order, final subdivision
commissioners. plat,final site development plan,final subdivision
(Ord. No. 86-57, §§ 1-6) master plan,or planned unit development master
plan.
Sec. 106-2. Reserved.
Editor's note—Ord. No. 12-19, § 1, adopted June 12, Comprehensive plan means a plan that meets
2012,repealed§106-2,entitled"Citizens advisory committee the requirements of F.S.§§ 163.3177 and 163.3178,
for the comprehensive plan", which derived from: Ord. No. and may mean the county growth management
86-78,§§1-6;Ord.No.87-7,§§1-6;and Ord.No.88-33,§1. plan, where appropriate.
Sec. 106-3. Reserved. Consistency, consistent with, or in compliance
Editor's note—Ord. No. 12-20, § 1, adopted June 12, means the compared item (zoning) is in actor
2012,repealed§ 106-3, entitled "Temporary permits", which dance with,in agreement with,within the param-
derived from:Ord.No. 73-17,§§ 1,2. eters specified by,exemplified by,compatible with,
and furthers the norm (the growth management
Sec. 106-4. Reserved. plan) to which it is compared. If the compared
Editor's note—Ord.No.97-9,§21,adopted Jan.28,1997, item(zoning)deviates or departs in any direction
repealed § 106-4, which pertained to similar name of build- or degree from the parameters of the norm (the
ings, etc., prohibited. See the Code Comparative Table— growth management plan), the compared item
Ordinance Disposition. (zoning) or action is not "consistent" with the
Sec. 106-5. Reserved. norm (the growth management plan). The term
"consistent with" means that the compared item
Editor's note—Ord.No.99-86,§§1-5,adopted 12-14-99 (zoning) is not in conflict with the norm (the
rovided a dissolution date of 12-31-02.Formerly,said section growth management plan). The term "furthers"
pertained to rural fringe area assessment oversight cdmmit-
tee. means to take action in the direction of realizing
goals,policies or objectives of the norm(the growth
Sec. 106-6. Reserved. management plan). For purposes of determining
Editor's note—Ord.No.99-87,§§1-5,adopted 12-14-99 the "consistency" of a development proposal with
provided a dissolution date of 12-31-02.Formerly,said section the growth management plan or the land devel-
pertained to rural lands assessment area oversight commit- opment regulations, each of the latter "norms"
tee. shall be construed as a whole and no specific goal,
policy or objective shall be construed or applied in
Secs. 106-7-106-30. Reserved. isolation from the other goals, policies and objec-
tives contained therein.
ARTICLE II. ZONING REEVALUATION Developer means any person, including a gov-
Sec. 106-31. Short title. ernmental agency,undertaking any development.
This article shall be known and may be cited as Development has the meaning given it in F.S.
the "Collier County Zoning Reevaluation Ordi- § 380.04.
nance."
(Ord. No. 90-23, § 2.1) Development order means any order, permit,
determination, or action granting, denying, or
Sec. 106-32. Definitions. granting with conditions an application for any
final local development order, building permit,
The following words, terms and phrases,when temporary construction and development permit,
used in this article, shall have the meanings sign permit, well permit, spot survey, electrical
ascribed to them in this section,except where the permit, plumbing permit, occupational license,
context clearly indicates a different meaning: boat dock permit, HVAC permit, septic tank per-
Commencement of construction means the phys- mit,right-of-way permit,blasting permit,excava-
ical act of constructing or installing on or in the tion permit, construction approval for infrastruc-
Supp.No.46 CD106:4
PLANNING § 106-32
ture (including water, sewer, grading, paving),
approved development of regional impact (DRI),
zoning ordinance amendment,comprehensive plan
amendment, flood variance, coastal construction
control line variance, tree removal permits, site
development plan approval, subdivision approval
(including plats, plans, variances, and amend-
ments), rezoning,PUD amendment, certification,
conditional use(provisional use),variance,or any
other official action of the county having the effect
of permitting development.
Final development order means a final local
development order or a final DRI development
order.
Final DRI development order means a develop-
ment order, as amended from time to time, ad-
opted by the board of county commissioners and
approved by the state pursuant to F.S. § 380.06,
gift/
Supp.No.46 CD106:5
PLANNING § 106.33
notice of which is recorded pursuant to F.S. § boundaries described by a valid and effec-
380.06(15)(f). tive final local development order or final
site development plan.
Final local development order means any valid,
unexpired building permit issued by the county. Parcel or parcel of land means a lot.
Growth management plan or GMP means the Planning communities means those designated
most recently adopted and effective comprehen- areas of land that are identified in subsection 106
sive plan of the county, as amended from time to 43(b) and are more particularly described and
time. shown on exhibit 1 to Ordinance No. 90-23.
Improved property means a lot on which there Property means a lot.
has been commencement of construction, and on Tract means a lot.
which substantial permanent buildings have been Unified plan of development means the fol-
constructed or installed pursuant to a valid, un- lowing:
expired,final development order of the county and
includes unified plans of development on which (1) An approved planned unit development ex-
there has been substantial commencement of con- cept, that the residential and commercial
struction. elements of the planned unit development
shall be considered separately for purposes
Infrastructure means drainage (water manage- of consistency determinations; or
ment), road, potable water and sanitary sewer fa-
cilities as approved and required by the county. (2) A final residential subdivision plat, except
that each different zoning district of the
Land means the earth, water, and air, above, final subdivision plat shall be considered
below, or on the surface, and includes any im- separately for purposes of consistency de-
provements or structures customarily regarded as terminations.
land. Unimproved property means a lot on which there
Land development regulations mean ordinances has been no commencement of construction, or on
enacted by the board of county commissioners pur- which there has been commencement of construc-
suant to F.S. § 163.3161 et seq.,for the regulation tion but no substantial,permanent buildings have
of development, and includes any zoning, subdi been constructed or installed pursuant to a valid,
vision, impact fee, building construction, or sign unexpired, final development order of the county,
regulations, or any other regulations controlling or unified plans of development on which there
the development of land. has been no substantial commencement of con-
struction.
Lot or lot of record means either: (Ord. No. 90-23, § 4)
Cross reference—Definitions generally, § 1.2.
(1) A lot which is part of a subdivision recorded
in the office of the clerk of the circuit court Sec. 106-33. Rules of construction.
of the county;
(a) In the construction of this article, the rules
(2) The least fractional unit of land under set out in this section shall be observed unless
common ownership which has limited fixed such construction is inconsistent with the mani-
boundaries described by metes and bounds, fest intent of the board of county commissioners.
the description of which has been so re- The rules of construction and definitions set forth
corded in the office of the clerk of the cir- herein shall not be applied to any provisions which
cuit court of the county as of December 1, expressly exclude such construction, or where the
1989; or subject matter, content or context of such provi-
sion would make such construction internally in-
(3) The least fractional unit of land under consistent or inconsistent with other provisions of
common ownership which has limited fixed this article.
CD106:7
§ 106-33 COLLIER COUNTY CODE ��
(b) All provisions, terms, phrases and expres- such others as may have acquired a pecu-
sions contained in this article shall be liberally liar and appropriate meaning in law shall
construed in order that the true intent and be construed and understood according to
meaning of the board of county commissioners may such meaning.
be fully carried out. Terms used in this article, (7) Number. A word importing the singular
unless otherwise specifically provided, shall have number only may extend and be applied to
the meanings prescribed by the statutes of this several persons and things as well as to one
state for the same terms. person and thing. The use of the plural
(c) In the interpretation and application of any number shall be deemed to include any
provision of this article it shall be held to be the single person or thing.
minimum requirement adopted for the promotion (8) Shall, may. The word "shall" is manda-
of the public health, safety, comfort, convenience
tory; "may" is permissive.
and general welfare. Where any provision of this
article imposes greater restrictions upon the sub- (9) Tense. Words used in the past or present
ject matter than a general provision imposed by tense include the future as well as the past
the growth management plan or another provi- or present.
sion of this article, the provision imposing the (10) Text. In case of any difference of meaning
greater restriction or regulation shall be deemed or implication between the text of this ar-
to be controlling. tide and any figure, the text shall control.
(1) Computation of time. The time within which (11) Week. The word "week" shall mean seven
an act is to be done shall be computed by calendar days.
excluding the first and including the last --.,,,
day; if the last day is Saturday, Sunday or (12) Written or in writing. The term "written"
legal holiday, that day shall be excluded. or "in writing" shall be construed to in-
clude any representation of words, letters,
(2) Day. The word "day" shall mean a cal- or figures, whether by printing or other
endar day. form or method of writing.
(3) Delegation of authority. Whenever a provi- (13) Year. The word "year" shall mean a cal-
sion appears requiring the head of a depart- endar year,unless a fiscal year is indicated
ment of some other county officer or em- or 365 calendar days is indicated.
ployee to do some act or perform some duty, (Ord. No. 90-23, § 5)
it is to be construed to authorize the head of
the department or some other county of- Sec. 106-34. Findings.
ficer or employee to designate,delegate and
authorize professional level subordinates to The board of county commissioners hereby
perform the required act or duty unless the makes the following findings:
terms of the provision or section specify oth- (1) The county, pursuant to F.S. § 163.3161 et
erwise. seq., the Florida Local Government Corn-
(4) Gender. Words importing the masculine prehensive Planning and Land Develop-
gender shall be construed to include the ment Regulation Act (hereinafter the
feminine and neuter. "Act"), is required to prepare and adopt a
comprehensive plan;
(5) Month. The word "month" shall mean a (2) After adoption of the comprehensive plan,
calendar month.
the Act,and in particular F.S.§ 163.3202(1),
(6) Nontechnical and technical words. Words mandates that the county adopt land devel-
and phrases shall be construed according to opment regulations that are consistent with ,,—,„„„„
the common and approved usage of the lan- and implement the adopted comprehensive
guage,but technical words and phrases and plan;
CD106:8
PLANNING § 106-34
(3) The provisions of F.S. § 163.3201 provide (9) The board of county commissioners finds
that it is the intent of the Act that the adop- that development for which zoning has al-
tion and enforcement by the county of land ready been approved by the county and po-
development regulations for the total unin- tential zoning within urban designated
corporated county shall be based on, be re- areas of the county growth management
lated to, and be a means of implementation plan will accommodate approximately
for, the adopted comprehensive plan as re- 350,000 dwelling units in the unincorpo-
quired by the Act; rated coastal urban area of the county, and
(4) The provisions of F.S. § 163.3194(1)(b) re- that commercial zoning in excess of 4,600
quire that all land development regulations acres has been approved, while the capital
enacted or amended by the county shall be improvement element of the growth man-
consistent with the adopted comprehensive agement plan would serve only a fraction
plan,or element or portion thereof,and any of the planned and approved, yet unbuilt,
land development regulations existing at development;
the time of adoption which are not consis-
tent with the adopted comprehensive plan, (10) Because of these estimates and projections,
or element or portion thereof, shall be the future land use map and element of the
amended so as to be consistent; county growth management plan and the
support documents project and provide for
(5) The provisions of F.S. § 163.3194(1)(b) fur- over 60 years of growth while the capital
ther require that if the county allows an improvement element of the county growth
existing land development regulation which management plan provides for only five
is inconsistent with the adopted comprehen- years of funding and only ten years of needs
sive plan, or element or portion thereof, to and deficiency assessments for public facil-
\-- remain in effect, the county shall adopt a ities for all categories, except that roads
schedule for bringing the land development are also in the process of being tentatively
regulation into conformity with the provi- planned for up to 25 years of growth;
sions of the most recently adopted compre-
hensive plan,or element or portion thereof; (11) As a result of the realization of this serious
and significant imbalance between planned
(6) The provisions of F.S. § 163.3194(1)(b) fur-
land uses and planned public facilities by
ther require that during the interim period the board of county commissioners, the
when the provisions of the most recently board finds that the county faces real, re-
adopted comprehensive plan,or element,or rious and imminent problems that will re-
portion thereof, and the land development sult from the planned and approved, yet
regulations are inconsistent,the provisions unbuilt, development in that it exceeds the
of the adopted comprehensive plan, or ele- financial resources of the county to fund
ment or portion thereof, shall govern any projected carrying capacity of the existing
action taken in regard to an application for and planned public facilities of the county
a development order; and that it is inconsistent with the existing
(7) The provisions of F.S. § 163.3202(3) state and desired community character of the
that the Act shall be construed to encourage county;
the use of innovative land development reg-
ulations; (12) At the time of adoption of the growth man-
agement plan,the board of county commis-
(8) On January 10, 1989, the county adopted sioners recognized the need to balance evac-
the county growth management plan as its uation capability and the at-risk population
comprehensive plan pursuant to the re- in the hurricane vulnerability zones in the
quirements of F.S. § 163.3161 et seq. and county by limiting or reducing the max-
Rule 9J-5, F.A.C.; imum permitted densities in those zones to
CD106:9
§ 106-34 COLLIER COUNTY CODE '-�
ensure that the population at risk in those quate and fair consideration of applicable
zones of high risk could safely evacuate legal principles and due process of law, the
during the time of a hurricane event; board of county commissioners, pursuant
to the county growth management plan,has
(13) The board of county commissioners ac- established a zoning reevaluation program
knowledged the report of the regional/urban to determine whether or not zoning dis-
design team for the Naples area dated April, tricts on unimproved property are consis-
1984, and subsequent recommendations of tent with the growth management plan,are
the R/UDAT citizen committee and ap- exempt from the zoning reevaluation pro-
proved a revised commercial allocation gram,are compatible with surrounding land
system to promote superior urban design uses, or are vested. To the extent that
by managing road access,avoiding commer- zoning is consistent,exempt, compatible or
cial strip development, improving overall vested, such will be recognized; if not, the
traffic circulation patterns and providing zoning will be amended to bring it into con-
community focal points; sistency with the growth management plan
(14) The growth management plan,through the in order to accomplish the goals, policies,
future land use map and the goals, objec objectives and purposes of the growth man-
tives and policies,strives to coordinate land agement plan, the land development regu-
use with the provision of adequate roads, lations and this article;
sewer,water,drainage facilities,solid waste (18) The county has attempted to address these
facilities and parks and recreation opportu problems by including several provisions in
nities; coordinate coastal population densi the county growth management plan, in-
ties with the regional hurricane evacua- '�
cluding policy 3.1.K, policy 5.1 and policy
tion plan; and discourage unacceptable 5.9 of the future land use element of the
levels of urban sprawl; county growth management plan, and by
(15) The cost to the public and the county to providing that land development regula-
provide adequate public facilities for tions be adopted and contain provisions to
planned and approved, yet unbuilt, devel- implement the county growth management
opment is too great of a financial burden plan and include at a minimum, inter alia,
and would cause the public and the county the establishment of a zoning reevaluation
undue fiscal hardship; program for unimproved property that shall
be carried out by January 10, 1991, for all
(16) Additionally, the board of county commis- commercially zoned or designated property
sioners recognizes that if a substantial and by January 10, 1992, for all other prop-
amount of the unimproved property were erty;
allowed to develop and be constructed under
existing zoning districts inconsistent with (19) This zoning reevaluation article is part of
the growth management plan, it would en- the land development regulations required
courage urban sprawl, promote strip com- to be consistent with and implemented
mercial development,negatively impact the under the county growth management plan
character of residential neighborhoods and in that it provides for the zoning reevalua-
commercial areas, and force the county to tion program contained in the county
make premature ad hoc land use commit- growth management plan;
ments;
(20) The provisions of F.S.§ 163.3194(1)(a)man-
(17) In order to insure that the private property date that after a comprehensive plan, or
rights,including development rights for un- element or portion thereof,has been adopted
improved property with zoning inconsis- in conformity with the Act, all develop- �.
tent with the growth management plan,are ment undertaken by, and all actions taken
not extinguished or modified without ade- in regard to development orders by,govern-
CD106:10
PLANNING § 106-34
mental agencies in regard to land covered remedial action provided for therein, pro-
by such plan or element shall be consistent vides additional support and direction for
with such plan or element as adopted; the implementation of this article;
(21) Pursuant to F.S. § 163.3194(3)(a), a devel- (26) In order to comply with the foregoing au-
opment order or land development regula- thorities, findings and the Act, it is neces-
tions shall be consistent with the compre- sary to rezone large areas in the unincor-
hensive plan if the land uses, densities or porated portion of the county to zoning
intensities, and other aspects of develop- districts consistent with the growth man-
ment permitted by such order or regulation agement plan;
are compatible with and further the objec-
tives, policies, land uses, and densities or (27) The county finds that this article is in
intensities in the comprehensive plan and tended and necessary to preserve and en-
if it meets all other criteria enumerated by hance the present advantages that exist in
the local government; the county;encourage the most appropriate
(22) The provisions of F.S. § 163.3194(3)(b) re- use of land, water, and resources, consis-
quire that a development approved or un- tent with the public interest; overcome
dertaken by a local government shall be present handicaps;and deal effectively with
consistent with the comprehensive plan if future problems that may result from the
the land uses, densities or intensities, ea- use and development of land within the
pacity or size, timing, and other aspects of total unincorporated area of the county;and
development are compatible with and fur- it is intended that this article preserve,pro-
ther the objectives,policies, land uses,den- mote, protect, and improve the public
sities or intensities in the comprehensive health, safety, comfort, good order, appear-
- plan and if it meets all other criteria enu- ance, convenience, and general welfare of
merated by the local government; the county; prevent the overcrowding of
land and avoid undue concentration of pop-
(23) In addition to the mandates and authority ulation; facilitate the adequate and effi-
under F.S. § 163.3161 et seq., Rule 9J-5, cient provision of transportation, water,
F.A.C., the county growth management sewerage,schools,parks,recreational facil-
plan,and the findings of the board of county ities, housing, and other requirements and
commissioners, the department of commu- services;conserve,develop,utilize,and pro-
nity affairs of the state (hereinafter the tect natural resources within the jurisdic-
"DCA") brought an action against the tion of the county; and to protect human,
county in the state, division of administra- f environmental, social, and economic re-
tive hearings,DOAH Case No.89-1299 GM, sources; and maintain, through orderly
pursuant to F.S. § 163.3184(10), to contest growth and development,the character and
whether or not the county growth manage- stability of present and future land uses
ment plan is in compliance with the Act; and development in the county;
(24) Pursuant to the department of administra-
tion hearing between the DCA and the (28) It is the intent of the board of county corn-
missioners to effectuate and directly ad
county, the DCA and the county entered
into a stipulated settlement agreement vance these requirements, findings, pur-
which provides remedial action to bring the poses and intentions for the enhancement
of the community character of the county,
county growth management plan into corn-
pliance with the Act to the satisfaction of for the betterment of the general welfare,
the DCA and the county; and for the reasons set forth herein through
the implementation of the zoning reevalu-
(25) The stipulated settlement agreement be- ation program generally described in the
\—, tween the DCA and the county, and the county growth management plan; and
CD106:11
§ 106-34 COLLIER COUNTY CODE
(29) It is the intent of the board of county corn- ally zoned property, within each planning
missioners to implement the zoning reeval- community for consistency with the growth
uation program of the county growth man- management plan.
agement plan through this article.
(Ord. No. 90-23, § 1) (3) The county will notify all owners of unim-
• proved property zoned inconsistent with the
growth management plan that such prop-
Sec. 106-35. Intent. erty will be rezoned unless an exemption is
granted, a compatibility exception is
This article is intended to implement and be granted or a positive determination of
consistent with the Collier County Growth Man- vested rights is made.
agement Plan, F.S. § 163.3161 et seq., Rule 9J-5,
F.A.C., and the stipulated settlement agreement (4) Public workshops with the growth plan-
in DOAH Case No. 89-1299 GM,by ensuring that ning department may be held on a plan-
the zoning on all unimproved property in the ning community by planning community
county be consistent with the growth manage- basis to educate the public and discuss the
ment plan, except as otherwise specifically pro- zoning reevaluation program and other pro-
vided in this article, and by bringing zoning that cesses established by this article.
is inconsistent with the growth management plan
and not otherwise protected into compliance with (5) The planning commission and the board of
the growth management plan. county commissioners will hold the required
(Ord. No. 90-23, § 3.1) public hearings to rezone the unimproved
properties that are inconsistent with the
growth management plan on a planning
Sec. 106-36. Purpose. community by planning community basis.
(a) The objective of this article is accomplished Such planning community-wide rezonings may ad-
by implementing the zoning reevaluation pro- just private property rights, including develop-
gram to identify and evaluate those unimproved ment rights or expectations, and are intended to
properties on which zoning is inconsistent with bring about a change in the zoning to a classifi-
the growth management plan. The zoning reeval- cation consistent with the growth management
uation program under section 106-43 shall be car- plan.
ried out by January 10, 1991,for all commercially
zoned or designated property and by January 10, (c) After the county has given notice of the corn
1992, for all other property. Those unimproved prehensive rezoning for a particular planning coin-
properties for which an objection pursuant to sub munity, but in no event later than 120 days from
section 106-43(d)has been properly submitted may such notice, an owner of unimproved property
be excluded from the comprehensive rezoning re- which is inconsistent with the growth manage-
quired by this schedule, but will nonetheless be ment plan may file a written objection with the
processed in an expeditious and timely fashion. growth planning director requesting a compati-
bility exception, a determination of vested rights,
(b) This article shall establish a process and cri- or both. Upon receipt of such written objection,
teria to determine consistency, exemptions, land the property which is the subject of the objection
use compatibility and vested rights. shall be removed from the schedule for compre-
hensive rezoning for the applicable planning com-
a) The county shall establish planning corn- munity, and shall be reviewed for a compatibility
munities, as shown on exhibit 1 to Ordi- exception, a determination of vested rights, or
nance No.90-23,in which all properties will both, whichever is applicable. To the extent that
be categorized based on location. the owner receives a favorable determination in
this regard, the property shall be allowed to de-
(2) The county shall initiate a process to assess velop in accordance with such determination. To
all unimproved property,except agricultur- the extent that the determination is not favor-
CD106:12
PLANNING § 106-40
able, the property will be rezoned to a classi ca- Sec. 106-40. Exemptions.
tion consistent with the growth management plan. Development pursuant to any of the following
provisions shall be exempt in accordance with the
(d) At all times, property shall be permitted a
terms and limitations of the applicable exemption
minimum beneficial use subject to the various pro-
of the growth management plan,the land provision, provided the exemption request is sub-
visionsmitted or determined no sooner than May 1, 1990
development regulations,and this article,but pri- and no later than 120 days after notice of incon-
vate property shall not be taken without due pro- sistency and rezoning has been sent pursuant to
cess of law and the payment of just compensation. subsection 106-43(c). The person seeking an ex-
Through these processes, the county intends to emption shall submit to the growth planning di-
extinguish,modify,or readjust the property rights, rector substantial competent evidence to demon-
including development rights, of planned and ap- strate entitlement to the exemption. The
proved, yet unbuilt, development to bring it into appropriate, valid, unexpired development order
compliance with and make it consistent with the or application identified in an exemption provi-
growth management plan. sion shall, in and of itself, constitute substantial
(Ord. No. 90-23, § 3.2) competent evidence to demonstrate entitlement
to the applicable exemption. Written verification
Sec. 106-37. Minimum requirement. of such development order, application or other
evidence shall be made or obtained by the growth
The provisions of this article in their interpre- planning director. If the evidence meets the ap-
tation and application are declared to be the min- plicable exemption requirements and is verified,
imum requirements necessary to accomplish the the applicable exemption shall be granted by the
stated intent, purposes, and objectives of.this ar- growth planning director.
ticle. (1) Building permits and certain final residen-
\-- (Ord. No. 90-23, § 3.3) tial subdivision plats issued prior to the ef-
fective date. The provisions of this article
Sec. 106-38. Authority. shall not affect the validity of any lawfully
issued and effective building permit,or final
The board of county commissioners has the au- residential subdivision plat with a density
thority to adopt this article pursuant to Fla.Const. of four dwelling units per acre or less, if
art. VIII, § 1(f), F.S. § 125.01 et seq., F.S. § issued or approved prior to May 1, 1990, if:
163.3161 et seq., Rule 9J-5, F.A.C., the county a. The construction authorized by the
growth management plan, the stipulated settle- building permit has commenced prior
ment agreement in DOAH Case No. 89-1299 GM, to May 1, 1990 or will commence after
and each of the authorities, findings, conclusions April 3, 1990 but within six months of
and provisions set forth or referenced in section issuance of the building permit or
106-34. within an additional six months of the
(Ord. No. 90-23, § 2.2) building permit extension, if any, or
the construction authorized by such
final residential subdivision plat with
Sec. 106-39. Applicability. a density of four dwelling units per acre
This article shall apply to all unimproved prop- or less has commenced prior to April 3,
erty in the total unincorporated area of the county 1990 or will commence after May 1,
except as expressly exempted in section 106-40.
1990 but within the earlier of:
Nothing in this article shall relieve the owner of 1. Two years of original issuance or
property from complying with the provisions of approval; or
article III of this chapter for development on the 2. January 10, 1992; or
property. 3. Expiration according to its terms;
(Ord. No. 90-23, § 2.3) and
CD106:13
§ 106-40 COLLIER COUNTY CODE
b. The construction continues without in- (4) Low-cost housing funded by federal,state or
terruption and in good faith until it is local government. The provisions of this ar-
complete.If the building permit or such tide shall not affect the validity of any law-
final residential subdivision plat ap- fully issued and effective development order
proval expires, any further develop- for housing units, including multifamily
ment shall be in conformance with the and single-family dwelling units,structures
requirements of this article and all laws and facilities, which are or have been pro-
in effect at that time. vided pursuant to any state or federal pro-
gram created to encourage the construction
(2) Site development plans and subdivision or rehabilitation of low-cost housing units
master plans approved between January 1, and which are funded entirely or in sub-
1988 and the effective date. The provisions stantial part by federal or state grants or
of this article shall not affect the validity of by monies entirely or in substantial part
any lawfully issued and effective final site appropriated by the federal, state or local
development plan or final subdivision government for use by or in conjunction
master plan issued or approved on or after with nonprofit entities for the rehabilita
January 1, 1988, but prior to May 1, 1990, tion, replacement, and construction of low-
if: cost housing.
a. The construction authorized by the (5) Proposed criteria for compatibility determi-
final site development plan or the final nation. A compatibility determination is
subdivision master plan commences available only to unimproved property ten
acres or less in size. The growth planning
prior to May 1, 1990,or will commence
after May 1, 1990 but within the ear- director shall determine that the existing
Tier of: zoning districts on a particular unimproved
property are compatible with the sur-
1. Two years of original issuance or rounding zoning districts and land uses if
approval of the final site develop- any of the following criteria are demon-
ment plan or the final subdivision strated by substantial competent evidence,
master plan; or or he shall determine that they are incom-
2. January 10,1991,for commercially patible if none of the criteria is demon-
zoned or designated property and strated:
January 10, 1992, for all other a. The existing zoning districts on the sub-
property; or
3. Expiration according to its terms; ject property are the same as or less
and intensive than the existing zoning dis-
tricts on improved or exempt property
b. The construction continues without in- (but not including exempt property
terruption and in good faith until it is under this subsection) contiguous at
complete. least 50 percent of the combined length
of the side yard property lines of the
(3) Developments of regional impact adopted subject property, without regard to in-
prior to the effective date. The provisions of tervening rights-of-way or easements.
this article shall not affect the validity of b. The existing zoning districts on the sub-
any lawfully issued and effective final de- ject property are the same as or less
velopment order for a development of re- intensive than all of the following:
gional impact adopted prior to May 1, 1990,
unless the development order: 1. The existing zoning districts on
more than 50 percent of the area
a. Indicates otherwise; of all improved or exempt property —�
b. Expires according to its terms;or (but not including exempt property
c. Is invalidated in whole or in part. under this subsection) within 300
CD106:14
PLANNING § 106.40
linear feet on both sides of the sub- regulations as amended, the county
ject property; zoning ordinance,as amended,and the
2. The existing zoning districts on county growth management plan, as
more than 20 percent of the area amended, and clearly benefits the
of all improved or exempt property public or property other than the sub-
(but not including exempt property ject property.
under this subsection) within 300 (7) Unique urban designated areas of Planta-
linear feet on each side of the sub- tion Island, Chokoloskee and Copeland. The
ject property; and provisions of this article shall not affect the
3. The existing zoning districts on im- lawful issuance of any development order
proved or exempt property(but not or the validity of any lawfully issued and
including exempt property under effective development order for property lo-
this subsection)contiguous to more cated in the urban designated areas of Plan-
than 50 percent of the length of tation Island, Chokoloskee, and Copeland,
either side yard property line of the as shown on the future land use map of the
subject property,without regard to growth management plan, due to the
intervening rights-of-way or ease- unique character of each of these areas.
ments.
(8) Limitations on exemption determinations.
c. For purposes of this subsection,the side
ex-
yards on a corner lot shall be deemed a. A determination which grants an
to be the front yard parallel to the road emption shall exempt development only
with the lower classification and the to the extent expressly contained in
yard opposite such front yard. such exemption provision.
b. Any compatibility determination
(6) Development dedications,contributions and granted shall not be for a zoning dis-
conveyances. The provisions of this article trict which allows an intensity or den-
shall not affect the validity of any lawfully sity of use which is more intense or
issued and effective development order(in- dense than the average of the intensity
cluding a development order that acquired or density of those uses in the proper-
its density or intensity of use through the ties adjacent to the subject property.
transfer of development rights) which was c. An exemption shall apply to the land
approved or issued subject to a condition and is therefore transferrable from
that required a dedication, contribution, or owner to owner of the land subject to
conveyance of a substantial interest in real the exemption.
or personal property to any governmental d. Any timeline contained in this section
agency if: for commencement or completion of Ion-
a. The dedication,contribution,or convey struction shall be extended when com
ance on which the development order mencement or completion is unduly de-
was conditioned has been lawfully layed by an official action of the county,
granted,accepted by the applicable gov but only to the extent of such undue
ernmental agency, and recorded, if ap- delay.
propriate, in the public records of the e. Anything in this article to the contrary
county; notwithstanding,an exemption may be
b. The dedication,contribution,or convey- revoked upon a showing by the county
ance on which the development order of a peril to public health,safety or gen
was conditioned benefits the public;and eral welfare of the residents of the
c. The dedication,contribution,or convey- county unknown at the time of ap-
ance on which the development order proval.
was conditioned is in excess of those (9) Exemption amendment to growth manage-
required under the county subdivision ment plan and rezoning. The growth plan-
CD106:15
§ 106-40 COLLIER COUNTY CODE
ning director shall process an amendment (b) Minimum qualifications. A hearing officer
to the growth management plan at the next shall have the following minimum qualifications:
available growth management plan amend- (1) Be an attorney admitted to practice before
ment cycle pursuant to F.S. § 163.3187 and the Supreme Court of the State of Florida;
a rezoning petition, if necessary, to reflect
all exemptions which have been granted to (2) Have demonstrated knowledge of adminis-
reflect any land use changes and zoning dis- trative, environmental and land use law
trict changes required pursuant to the ex- and procedure; and
emption.Building permits for development (3) Hold no other appointive or elective county
pursuant to an exemption shall be contin- public office or position during the period of
gent upon any necessary growth manage- appointment.
ment plan amendment and rezoning peti-
tion being adopted. (c) Duties. A hearing officer shall have the fol-
(Ord. No. 90-23, § 2.4; Ord. No. 90-88, § 1) lowing duties:
(1) To conduct hearings on such matters as re-
quired under this article;
Sec. 106.41. Hearing officer.
(2) To conduct hearings on such matters as may
(a) Creation and appointment. The board of be requested by the board of county com-
county commissioners shall appoint one or more missioners;
hearing officers to hear and consider such matters (3) To render and issue vested rights determi-
as may be required under any provision of this nations applicable to the particular devel-
article or as may be determined to be appropriate opment or property;
by the board of county commissioners from time
to time. Such hearing officers shall serve at the (4) To submit to the board of county commis-
pleasure of the board of county commissioners for sinners a written report containing a sum
such a period as is determined by the board of mary of the testimony and evidence given
county commissioners.Such hearing officers shall and findings regarding the specific criteria
be compensated at a rate to be determined by the applicable to,and a copy of the vested rights
de-
board of county commissioners, which amount determination issued for,the particular
shall be reimbursed to the county by the appli velopment or property;
cant. Whoever shall accept an appointment as a (5) To issue subpoenas to compel the atten-
hearing officer shall, for a period of one year from dance of witnesses and production of docu-
the date of termination as holder of such office, ments,and to administer oaths to witnesses
not act as agent or attorney in any proceeding, appearing at the hearing; and
application or other matter before any decision-
making body of the county in any matter involving (6) To perform such other tasks and duties pur
property that was the subject of a proceeding which suant to the terms of this article as the
was pending during the time he served as a board of county commissioners may assign.
hearing officer, and shall, for a period of one year (Ord. No. 90-23, § 6)
from the date of termination as holder of such
office, not act as agent or attorney in any pro- Sec. 106-42. Establishment of planning com-
ceeding, application or other matter before any munities.
decision-making body of the county in any matter (a) Establishment. The county hereby estab-
involving determinations of consistency, exemp- lishes and divides the unincorporated portion of
tion determinations, compatibility exceptions,de- the county into 12 planning communities in order
terminations of vested rights, zoning reevalua- to review in a comprehensive, systematic, man-
tions, ..�
or any other matters which are the subject ageable and timely manner, any zoning district
of this article. on unimproved property that is inconsistent with
CD106:16
PLANNING § 106-43
the growth management plan.Each planning com- suant to the zoning reevaluation program in
munity shall be the subject of a single comprehen- section 106-43, unless otherwise determined by
sive zoning district amendment (rezoning) under the board of county commissioners.
section 106-43, except as provided herein. The (Ord. No. 90-23, § 7)
boundaries of each of the 12 planning communi-
ties shall substantially conform to the map at- Sec. 106-43. Zoning reevaluation program.
tached to Ordinance 90-23 as exhibit 1. The 12
planning communities shall be identified and de- (a) Inconsistent zoning districts prohibited. No
scribed as follows: development order shall be granted on unimproved
(1) North Naples(Planning Community No. 1). property unless and until the unimproved prop
erty obtains a determination of consistency from
(2) South Naples(Planning Community No.5). the growth planning director which finds that the
zoning district on the unimproved property is con-
(3) East Naples (Planning Community No. 4). sistent with the growth management plan. Any
(4) Central Naples (Planning Community No. zoning district on unimproved property that is not
2). consistent with the growth management plan shall
not be permitted, applied for, nor approved, ex-
(5) Royal Fakapalm(Planning Community No. cept in accordance with an exemption pursuant to
7). section 106-40,a compatibility exception pursuant
(6) Marco Island(Planning Community No. 6). to section 106-45, or a positive determination of
vested rights pursuant to section 106-46.
(7) Urban Estates (Planning Community No.
9). (b) Comprehensive rezoning required. Any
zoning district on unimproved property that is in-
(8) Rural Estates(Planning Community No.8). consistent with the growth management plan pur-
�— suant to section 106-44 shall be subject to a single
(9) Big Cypress(Planning Community No. 12).
comprehensive zoning district amendment(rezon-
(10) Corkscrew (Planning Community No. 10). ing)under this section by the county for the plan-
(11) Golden Gate (Planning Community No. 3). ning community in which it is located in order to
bring it into compliance with the growth manage-
(12) Immokalee (Planning Community No. 11). ment plan.
(b) Rezoning sequence. All unimproved proper- (c) Notice of inconsistency and rezoning. Not less
ties located in each planning community shall be than 15 calendar days prior to the first public
subject to consistency determinations, rezoning workshop for each planning community, the
pursuant to the zoning reevaluation program,and, growth planning director shall mail a notice of
if applicable,exemptions,compatibility exceptions inconsistency and rezoning to each affected owner
and determinations of vested rights.All inconsis- of unimproved property within the subject plan-
tent, nonexempt, unimproved property located in ning community,on which any zoning district has
a single planning community shall be the subject not been determined to be exempt pursuant to
of a single comprehensive zoning district amend- section 106-40 and has been determined to be in-
ment (rezoning), except as provided herein. Such consistent pursuant to section 106-44. The notice
comprehensive rezonings shall be on a planning shall include the name of the owner;the property
community by planning community basis, corn- description or address; a statement that a zoning
mencing with all inconsistent, nonexempt, unim- district on the property is inconsistent with the
proved properties for the first planning commu- growth management plan and the reasons for such
nity (North Naples), then all inconsistent, determination of inconsistency;identification and
nonexempt,unimproved properties for the second notification of the existing zoning districts and
planning community (South Naples), and pro- the zoning districts to which the property is pro-
ceeding successively, until all 12 planning corn- posed to be rezoned; a statement that the owner
munities have been comprehensively rezoned pur- may have the right to object to the rezoning of its
CD106:17
§ 106-43 COLLIER COUNTY CODE
property pursuant to an exemption under section county in order to bring it into compliance with
106-40, a compatibility exception under section the growth management plan.
106-45, or pursuant to a positive determination of
vested rights under section 106-46; notification of (e) Zoning reevaluation workshops.Not less than
the locations, dates, and times of zoning reevalu 30 days prior to the first public hearing for each
ation workshop(s) and public hearings on the re planning community,the growth planning director
zoning of the property. Such notice shall be by shall conduct one or more zoning reevaluation
certified return receipt requested U.S.mail,to the workshops within the boundaries of the appli
address shown on the then current year's county cable planning community. The workshops shall
tax roll, and failure to receive such notice shall be held on a weekday and shall provide a forum
corn-
not serve as grounds to delay or invalidate the for questions and comments on the proposed
rezoning of any such property.Notice of the public prehensive rezoning for that planning commu
nity.
hearings for each planning community's compre-
hensive rezoning shall be published in accordance (U Comprehensive rezoning by planning commis-
with F.S. § 125.66(5)(b). sion and board of county commissioners. Not less
than 30 days after the final zoning reevaluation
(d) Objections to rezoning. Any affected owner workshop in each planning community, the plan-
of unimproved property on which any zoning dis- ning commission shall hold the first advertised
trict is determined to be inconsistent pursuant to public hearing on the proposed comprehensive re-
section 106-44 may submit to the growth plan- zoning for the applicable planning community.The
ning director a written application objecting to growth planning director recommendations and
the proposed rezoning of its property on the sole report and public testimony shall be heard. After
grounds that it is entitled to a compatibility ex- the public hearing has been closed, the planning
ception pursuant to section 106-45, a positive de- commission shall recommend to the board of
termination of vested rights pursuant to section county commissioners to grant, grant with condi-
106-46,or both.The application shall be submitted tions, or deny the comprehensive rezoning. A
to the growth planning director no later than 120 second advertised public hearing shall be held by
calendar days after notice of inconsistency and the board of county commissioners approximately
rezoning has been sent to such owner under sub- two weeks after the conclusion of the first public
section (c) of this section, and shall be in the form hearing. The growth planning director's recom-
established by the growth planning director. The mendation and comments, the planning commis-
submission of a completed application shall cause sion's recommendation,and public testimony shall
the property to which it applies to be withdrawn be heard. Public testimony at each hearing shall
from the comprehensive rezoning scheduled for be limited to five minutes per participant unless
the planning community in which it is located. the board of county commissioners grants an ex-
The owner of the property shall then diligently tension of time for good cause shown. The corn-
follow the provisions and procedures of section prehensive zoning district amendment (rezoning)
106-45, section 106-46, or both, whichever is ap- for the applicable planning community shall be
plicable. The withdrawal of a property from the accomplished by ordinance at the second public
comprehensive rezoning process for a planning hearing.
community shall not mean that the property is (Ord. No. 90-23, § 8)
entitled to a compatibility exception, a positive
determination of vested rights,or both,but merely Sec. 106-44. Determination of consistency.
affords the owner the option to pursue these de-
terminations prior to the rezoning of its property. (a) Initiation. The growth planning director
Any property which fails to obtain either a com- shall review and evaluate the consistency of all
patibility exception or a positive determination of zoning districts with the growth management plan
vested rights shall at that time be subject to a for all unimproved property within each planning
zoning district amendment (rezoning) in accor- community pursuant to subsection (d) of this sec-
dance with the regular rezoning procedures of the tion, and make a determination of whether or not
CD106:18
PLANNING § 106-45
the zoning on the property is consistent with the Sec. 106-45. Compatibility exception.
growth management plan. The growth planning
director may evaluate other adjacent or nearby (a) General requirement. Any owner objecting
unimproved properties in conjunction with such to the proposed comprehensive rezoning of its prop
evaluation, and make a comprehensive determi erty pursuant to subsection 106-43(d) on the
nation. grounds that it is entitled to a compatibility ex-
ception shall submit to the growth planning di-
(b) Determination of consistency. If the growth rector a written application for compatibility ex-
planning director determines that the zoning dis- ception no later than 120 calendar days after notice
tricts on unimproved property are consistent with of inconsistency has been sent to such owner under
the growth management plan, then a determina- subsection 106-43(c). Property which is part of a
tion of consistency shall be made for such prop- unified plan of development shall be considered
erty, and such property shall not be subject to the under a single consolidated application for corn-
provisions of section 106-43 and shall be allowed patibility exception to the extent of the appli-
to proceed through the otherwise applicable pro- cant's ownership therein. Failure of the owner to
visions of the land development regulations, pro- submit such application within the time provided
vided it is developed consistent with the growth shall be deemed a waiver of its right to obtain a
management plan. Consistency determinations compatibility exception and shall constitute an
will be based on any combination of parcels of abandonment of any claim to a compatibility ex-
land that received zoning approval by a single ception or similar remedy.Judicial relief shall not
action of the board of county commissioners, in- be available unless administrative remedies are
cluding unified plans of development.In the event exhausted,including the final appeal to the board
that the property which received a determination of county commissioners.
of consistency is subsequently determined by the
growth planning director to be inconsistent with (b) Application.An application for compatibility
estab-
the growth management plan,such property shall exception shall be submitted in the form be issued a determination of inconsistency and be lished by the growth planning director, and shall
subject to the same procedures and requirements at a minimum, include:
as one that received a determination of inconsis- (1) Name, address, and telephone number of
tency under subsection (c) of this section. owner and authorized applicant if other
than owner;
(c) Determination of inconsistency. If the growth
planning director determines that any zoning dis- (2) Street address, legal description, and
trict on unimproved property is inconsistent with acreage of the property;
the growth management plan, then a determina- (3) Current zoning districts on the subject prop-
tion of inconsistency shall be issued for such prop- erty and acreage of each;
erty, and such property shall be subject to the
provisions of section 106-43. (4) Zoning districts proposed by the county on
the subject property and acreage of each;
(d) Criteria for consistency. A zoning district on
unimproved property shall be deemed consistent (5) Zoning districts proposed by the applicant,
with the growth management plan only if the land if any, on the subject property and acreage
uses, densities or intensities, capacity or size, of each;
timing and other aspects of the development pro- (6) Current zoning districts on all property
posed for, or allowed on,the unimproved property which is adjacent to,or which is within 300
pursuant to such zoning district are compatible linear feet on, all sides of the subject prop-
with and further the objectives,policies,land uses,
and densities and intensities in the growth man-
agement erty;
plan and the provisions of the land de- (7) Existing land uses on all property which is
velopment regulations. adjacent to, or which is within 300 linear
(Ord. No. 90-23, § 9) feet on all sides of the subject property;and
CD106:19
§ 106-45 COLLIER COUNTY CODE
(8) Any other information which would reason- mony in light of all the criteria set forth in sub-
ably be needed to address the criteria set section(f)of this section. The board of county corn-
forth in subsection (f) of this section. missioners shall adopt the growth planning
director's determination on the application for
(c) Determination of completeness.After receipt compatibility exception with or without modifica-
of an application for compatibility exception, the tions or conditions, or reject the growth planning
growth planning director shall determine whether director's determination.The board of county corn-
the application submitted is complete. If he deter- missioners shall not be authorized to modify or
mines that the application is not complete, the reject the growth planning director's determina-
growth planning director shall notify the appli- tion unless the board of county commissioners
cant in writing of the deficiencies. The growth finds that the determination is not supported by
planning director shall take no further steps to substantial competent evidence or that the growth
process the application until the deficiencies have planning director's determination is contrary to
been remedied. the criteria established in subsection (f) of this
section. The decision of the board of county corn-
(d) Review and determination by growth plan- missioners shall include findings of fact for each
ning director. After receipt of a completed appli- of the criteria.
cation for compatibility exception,the growth plan-
ning director shall review and evaluate the (fl Proposed criteria for compatibility exception.
application in light of all of the criteria set forth
in subsection (f) of this section, and shall deny, (1) Generally. A compatibility exception under
grant or grant with conditions the application. this section is to be distinguished from a
The decision of the growth planning director shall compatibility determination under section
include findings of fact for each of the criteria. 106-40(5).A compatibility exception is avail-
The growth planning director shall maintain at able only to unimproved property. A corn-
the growth planning department during regular patibility exception shall be granted, with
business hours a written list of proposed determi- or without conditions, only if the applicant
nations on applications for compatibility excep- demonstrates by substantial competent ev-
tions. Such list shall be available to the public at idence that zoning districts consistent with
least ten calendar days before issuance of the de- the growth management plan on the sub-
termination. ject property would be incompatible with
(e) Appeal to the board of county commissioners. existing land uses in the surrounding neigh-
Within 30 days after issuance of the determine borhood. In this regard, the following fac
tion of the growth planning director on the appli tors shall be considered to determine
cation for compatibility exception, the applicant, whether the subject property qualifies for a
any resident of, or owner of real property in, the compatibility exception:
incorporated or unincorporated area of the county, a. If applicable,whether the subject prop-
may appeal, or may thereafter intervene in an erty should have been determined to
appeal of, the determination of the growth plan- be compatible pursuant to section
ning director on the application for compatibility 106-40.
exception to the board of county commissioners.A b. Whether the land use patterns, densi-
fee for the application and processing of an ap- ties and intensities allowed under
peal, not to exceed $100.00, shall be established zoning districts consistent with the
at a rate set by the board of county commissioners growth management plan on the sub-
from time to time and shall be charged to and ject property are compatible with those
paid by either the applicant, or appealing party, existing on property within the nearby
as appropriate.The board of county commissioners surrounding area of the subject prop-
shall hold an advertised public hearing on the erty.
appeal and shall consider the determination of c. Whether land use patterns, densities
the growth planning director and public testi- and intensities allowed under the ex-
CD 106:20
PLANNING § 106-46
isting zoning districts on the subject rable from owner to owner of the land
property are compatible with those ex- subject to the compatibility exception.
isting on property within the nearby c. Anything in this article to the contrary
surrounding area of the subject prop- notwithstanding,a compatibility excep-
erty. tion may be revoked upon a showing
d. Whether the existing zoning district by the county of a peril to public health,
boundaries are illogically drawn in re- safety or general welfare of the resi-
lation to existing conditions, such as dents of the county unknown at the
irregular configuration (depth, width, time of approval.
frontage, size), topography, and envi-
ronmental considerations, on the sub- (g) Amendment to growth management plan and
ject property. rezoning petition. The growth planning director
e. Whether consistent zoning districts on shall process an amendment to the growth man-
the subject property will adversely im- agement plan at the next available growth man-
pact, or be adversely impacted by, the agement plan amendment cycle pursuant to F.S.
nearby surrounding area or whether § 163.3187, and a rezoning petition, if necessary,
the existing zoning district will ad- to reflect all applications for compatibility excep-
versely impact, or be adversely im- tion which have been granted to reflect any land
pacted by, the nearby surrounding use changes required pursuant to the issuance of
area. any compatibility exception. Building permits for
f. Whether consistent zoning districts will development pursuant to a compatibility excep-
create or excessively increase traffic tion shall be contingent upon such growth man-
congestion or otherwise affect public agement plan amendment being adopted.
safety or whether the existing zoning (Ord. No. 90-23, § 10; Ord. No..91-41, §§ 1, 2)
districts will create or excessively in-
crease traffic congestion or otherwise
affect public safety,or whether the level Sec. 106-46. Determination of vested rights.
of existing traffic would have an ad (a) General requirement. Any owner objecting
verse impact on consistent zoning dis to the proposed comprehensive rezoning on its
tricts or existing zoning districts. property pursuant to subsection 106-43(d) on the
g. Whether consistent zoning districts will grounds that it is entitled to a positive determi-
be out of scale or out of character with nation of vested rights shall submit to the growth
the existing land uses and the needs of planning director a written application for deter-
the nearby surrounding neighborhood mination of vested rights no later than 120 days
or whether the existing zoning districts after notice of inconsistency has been sent to such
will be out of scale or out of character owner under subsection 106-43(c). Property which
with the existing land uses and needs is part of a unified plan of development shall be
of the nearby surrounding neighbor considered under a single consolidated applica-
hood. tion for determination of vested rights to the ex-
(2) Limitations. tent of the applicant's ownership therein. Failure
of the owner to submit such application within
a. Any compatibility exception granted the time provided shall be deemed a waiver of its
shall not be for a zoning district which rights to obtain a determination of vested rights
allows intensity or density of use which and shall constitute an abandonment of any claim
is more intense or dense than the av- to vested rights and equitable estoppel for its prop-
erage of the intensity or density of those erty, the proposed development and existing
uses in the nearby surrounding area of zoning thereon. Judicial relief shall not be avail-
the subject property. able unless administrative remedies are ex-
b. A compatibility exception shall apply hausted, including appeal to the board of county
to the land and is therefore transfer- commissioners.
CD106:21
§ 106-46 COLLIER COUNTY CODE
(b) Pending applications and development or- (2) Street address, legal description, and
ders. The county adopted its growth management acreage of the property; and
plan on January 10, 1989. The growth manage-
ment plan contains policies 3.1.K, 5.1 and 5.9 of (3) All factual information and knowledge rea-
the future land use element, as amended.All per sonably available to the owner and appli
sons were duly given legal notice of the intent and cant to address each of the criteria estab
mandate of the county to prepare and adopt this lished in subsection (i) of this section.
article which includes a process for determination (d) Determination of completeness.After receipt
of vested rights for unimproved property and a of an application for determination of vested
zoning reevaluation program. Consequently, no rights, the growth planning director shall deter-
person may claim vested rights, or assert equi- mine whether the application submitted is corn-
table estoppel, arising from any of the following plete. If he determines that the application is not
which is inconsistent with the growth manage- complete, the growth planning director shall no-
ment plan and which has not resulted in a final tify the applicant in writing of the deficiencies.
development order with commencement of con- The growth planning director shall take no fur-
struction continuing in good faith: ther steps to process the application until the de-
(1) Application for development order processed ficiencies have been remedied.
on or after the effective date of the ordi- (e) Review and recommendation by growth plan-
nance from which this article was derived; ning director. After receipt of a completed appli-
cation for determination of vested rights, the
(2) Development order rendered or issued on growth planning director shall review and eval-
or after the effective date of the ordinance uate the application in light of all of the criteria
from which this article was derived; in subsection (i) of this section. Based on the re-
(3) ^�
Any expenditures or actions taken in reli view and evaluation,the growth planning director
ante on any of the same; shall consult with the county attorney and pre-
pare a written recommendation to the hearing of-
nor does the county recognize any vested rights ficer that the application should be denied,granted
claims or equitable estoppel assertions except to or granted with conditions by the hearing officer.
the extent determined under the process estab- Such recommendation shall include findings of fact
lished in this article for the determination of for each of the criteria established in subsection
vested rights for inconsistent zoning on unim- (i) of this section to the extent that information is
proved property. Any claims of vested rights, or presented or obtained or inclusion is feasible or
any assertions of equitable estoppel, for zoning applicable.
inconsistent with the growth management plan
at a minimum, exhaust all administrative (fl Review and determination of vested rights de-
shall,
remedies, including appeals, provided for in this termination by hearing officer. Upon receipt by
article and the land development regulations prior the hearing officer of the application for determi-
article being ripe for judicial review. nation of vested rights and the written recommen-
dation of the growth planning director,the hearing
(c) Application. An application for determina- officer shall hold a public hearing on the applica-
tion of vested rights shall be submitted in the tion.At the hearing,the hearing officer shall take
form established by the growth planning director. evidence and sworn testimony in regard to the
An application fee in an amount to be determined criteria set forth in subsection (i) of this section,
by the board of county commissioners shall accom- and shall follow the rules of procedure set forth in
pany and be part of the application. The applica- F.S. § 120.57(1)(b),4,6, 7 and 8,F.S. § 120.58(1)(a),
tion shall, at a minimum, include: (d) and (f), and F.S. § 120.58(1)(b), only to the ex-
tent that the hearing officer is empowered to swear
(1) Name, address, and telephone number of witnesses and take testimony under oath. The
the owner and authorized applicant if other hearing officer shall follow the procedures estab-
than the owner; lished for administrative hearings in Rules 221-
CD106:22
PLANNING § 106-46
6.009, 6.017, 6.020, 6.022, 6.023, 6.024, 6.025, (h) Appeal to board of county commissioners.
6.027, and 6.031 (now Rule 60-Q), Florida Admin- Within 30 days after issuance of the hearing offi-
istrative Code,except as expressly set forth herein. cer's written determination of vested rights, the
The parties before the hearing officer shall in- county attorney, the growth planning director, or
dude the county, the owner or applicant, and the the owner or its authorized attorney or agent, or
public. Testimony shall be limited to matters di- any other party to the hearing, may appeal the
rectly relating to the standards set forth in sub- determination of vested rights of the hearing of-
section(i)of this section.The county attorney shall ficer to the board of county commissioners. A fee
represent the county, shall attend the public for the application and processing of an owner-
hearing, and shall offer such evidence as is rele initiated appeal shall be established at a rate set
want to the proceedings. The owner of the prop by the board of county commissioners from time
erty and its authorized agents may offer such ev-
idence at the public hearing as is relevant to the owner or its authorized agent.The board of county
proceedings and criteria. The order of presenta commissioners shall adopt the hearing officer s
tion before the hearing officer at the public hearing determination of vested rights, with or without
modifications or conditions, or reject the hearing
shall be as follows: officer's determination of vested rights.The board
of county commissioners shall not be authorized
(1) The county's summary of the application, to modify or reject the hearing officer's determi-
written recommendation, witnesses and nation of vested rights unless the board of county
other evidence; commissioners finds that the hearing officer's de-
termination is not supported by substantial corn-
(2) Owner or applicant witnesses and evidence; petent evidence in the record of the hearing offi-
cer's public hearing or that the hearing officer's
(3) Public witnesses and evidence; determination of vested rights is contrary to the
criteria established in subsection (i) of this sec-
(4) County rebuttal, if any; and tion.
(5) Applicant rebuttal, if any. (i) Criteria for vested rights. This section is in-
tended to implement, supplement and not be in-
(g) Issuance of vested rights determination by consistent with, state case law and statutory law
hearing officer. Within 15 working days after the as they relate to the doctrine of vested rights and
equitable estoppel as applied to a local govern-
completion of the public hearing under subsection ment exercising its authority and powers in zoning
(f) of this section, the hearing officer shall con- and related matters. The criteria herein provided
sider the application for determination of vested are intended to set forth factors that shall be con-
rights, the recommendation of the growth plan- sidered in rendering a vested rights determina-
ning director,and the evidence and testimony pre- tion under this section. It is intended that each
sented at the public hearing, in light of all of the case be decided on a case by case factual analysis.
criteria set forth in subsection (i) of this section, A person shall be entitled to a positive determi-
and shall deny, grant, or grant with conditions nation of vested rights only if he demonstrates by
the application for determination of vested rights substantial competent evidence all three of the
for the property or properties at issue. The deter- following requirements of the three-part test: (1)
mination shall be in writing and shall include Upon some act or omission of the county, (2) a
findings of fact for each of the applicable criteria property owner relying in good faith, (3)has made
established in subsection (i) of this section, con- such a substantial change in position or has in-
clusions of law for each of such criteria, and a curred such extensive obligations and expenses
determination denying,granting,or granting with that it would be highly inequitable and unjust to
conditions, in whole or in part, the vested rights destroy the rights acquired. In determining
of development on the property. whether the existing zoning districts on the sub-
ject property are vested under each of these three
CD106:23
§ 106-46 COLLIER COUNTY CODE
mandatory requirements of the three-part test,the 3. A valid, unexpired development
following shall be considered for each part: order.
(1) Part one: Upon some act or omission of the (2) Part two:A property owner relying in good
county. faith.
a. The following shall be considered as a. In determining whether reliance was
acts of the county for the purpose of in good faith,the following shall be con-
part one of the three-part test: sidered for the purpose of part two of
1. A valid, unexpired governmental the three-part test:
act of the county in the form of a 1. Whether the expenditures or obli-
final development order which au- gations were clearly and directly
thorizes the specific development connected to the authorizing act or
for which a determination is omission of the county relied upon.
sought. 2. Whether the expenditures or obli-
2. A valid, unexpired governmental gations were made or incurred sub-
act of the county in the form of a sequent to the act or omission the
final subdivision plat approved by county relied upon.
the county; or a final site develop- 3. Whether the expenditures or obli-
ment plan, final subdivision gations were made or incurred in
master plan or planned unit devel- a timely fashion, that is, within a
opment master plan approved by reasonable period of time after the
the county after January 1, 1988, act or omission of the county re-
but prior to May 1, 1990. lied upon.
3. Specific, authorized written state b. Acts by the person prior to the effec-
ments or representations, in tive date of the ordinance from which
eluding agreements and formal ac this article was derived shall be pre-
tions, of county personnel sumed to have been in good faith;how-
commonly relied upon and on ever, this presumption shall be rebut-
which the property owner is rea table by evidence of any matter
sonably justified in relying upon described in subsections c.l. or c.2. of
for the specific written statement this subsection, or intentional lack of
or representation. good faith.
b. Although any of the following, in and c. For the purpose of part two of the three-
of itself, may not be sufficient to be part test, expenditures or obligations
deemed an"act or omission,"it may be shall be presumed not to have been
considered in conjunction with other made or incurred in good faith, unless
"acts or omissions" to determine rebutted by substantial competent ev-
whether there exists an "act or idence, if they were made or incurred:
omission"of the county for the purpose 1. When a person has misled the
of part one of the three-part test: county.
1. Existing zoning (anything to the 2. When the act of the county on
contrary notwithstanding,existing which a person is relying has been
zoning, in and of itself, shall not invalidated or has expired and the
be sufficient to be deemed an "act person knew or should have known
or omission"). of such invalidity or expiration.
2. Omissions which only include neg- 3. While the act of the county upon
ligent or culpable omissions where which a person is relying was being
the county failed to act and was contested in the courts, or this
under a legal duty to do so. hearing process, or any other me-
CD 106:24
PLANNING § 106-46
•
diation or hearing process, except 5. Whether the property owner has
any mediation or hearing process made infrastructure improvements
initiated prior to the effective date within or to the subject property
of the ordinance from which this pursuant to a written agreement
article was derived. or development order with the
county.
(3) Part three: Has made such a substantial 6. Whether the property owner has
change in position or incurred such exten- constructed oversized infrastruc-
sive obligations and expenses relating to the ture improvements within or to the
property that it would be highly inequitable property to meet the needs of other
and unjust to destroy the rights acquired. properties.
a. For the purpose of part three of the 7. Whether the county has required
three-part test, the following shall be the person to oversize infrastruc-
considered in determining whether a ture improvements within or to the
substantial change in position has been property to meet the needs of other
made or extensive obligations and ex- properties and the county is un-
penses have been incurred relating to willing to release the person from
the property such that it would be that obligation.
highly inequitable and unjust to de- 8. Whether a person has incurred ex-
stroy the rights acquired: tensive obligations and expenses
for the following development-
1. The substantial change in position related matters that are made or
made or the extensive obligations incurred subsequent to the final
and expenses incurred shall be act or omission relied upon.
clearly and directly connected to
the authorizing act or omission of i. Engineering and architectural
the county and shall be made or fees.
incurred subsequent to the act of ii. Planning fees.
the county relied upon. iii. Local,state and federal permit
2. Whether actual construction has fees.
commenced and whether the ex- iv. Attorneys' fees.
tensive obligations or expenditures v. Scientific or biological studies,
made or incurred are unique to any tests or reports.
development previously approved
and not reasonably useable for a b. For the purpose of part three of the
development consistent with and three-part test, all facts and circum-
permitted by the growth manage- stances of each case, on a case by case
ment plan. basis, shall be considered in deter-
3. In balancing the competing inter- mining whether a change in position is
ests,whether the demonstrated in- substantial or whether obligations and
juries,if any, suffered by the prop- expenses incurred are extensive.
erty owner in not allowing the
development to proceed outweigh If the record indicates that the applicant failed to
the public cost and public interest demonstrate by substantial competent evidence
of allowing development to pro- any one of the required parts of the three-part
ceed. vested rights test set forth above,then it shall not
4. Whether the property owner has be inequitable to deny the applicant vested rights,
incurred extensive obligations and in whole or in part, for its inconsistent zoning on
expenses for hard costs of develop unimproved property.
ment.
CD106:25
§ 106-46 COLLIER COUNTY CODE �\
(j) Limitation on determinations of vested rights. the county of a peril to public health,safety
or general welfare of the residents of the
(1) A determination of vested rights which county unknown at the time of approval.
grants an application for determination of (Ord. No. 90-23, § 11; Ord. No. 91-41, § 3)
vested rights shall confirm such vested
rights only to the extent expressly contained Sec. 106.47. Effect of development agreement
in such determination. Except as expressly in conjunction with a compati-
stated herein, nothing in this article shall bility exception or a determina-
relieve the property owner from complying tion of vested rights.
with the provisions of article III of this
chapter for development on its property. Upon approval by the board of county commis-
sioners, any applicant may enter into a develop-
(2) A determination of vested rights which ment agreement with the county pursuant to the
grants an application for determination of provisions of F.S. §§ 163.3220-163.3242 and any
vested rights shall expire and be null and development agreement ordinance adopted by the
void unless construction is commenced pur- county, in conjunction with the approval of a de-
suant to a final development order, final velopment order, if applicable, which is subject to
subdivision plat, or final site development the provisions of this article. The effect of the de-
plan,within two years after the issuance of velopment agreement shall be to bind the parties
the determination of vested rights under pursuant to the terms and conditions of the devel-
this section, or unless substantial perma- opment agreement and the provisions of this ar-
nent buildings have been, or are being con- tide in order to insure that the zoning districts on
structed or installed pursuant to a valid, the subject property are changed to a zoning dis- --�
unexpired, final development order of the trict(s) that:
county within two years after issuance of
the determination of vested rights under (1) Is less intensive than the existing zoning
this section, and such development pur- districts on the subject property;
suant to a final development order, final (2) Allows only land uses, densities and inten-
subdivision plat, final site development sities that are the same as or less intensive
plan, final subdivision master plan, or than the existing land use patterns, densi-
planned unit development master plan is ties and intensities on surrounding im-
continuing in good faith. The aforemen- proved, vested or exempt property (but not
tioned two-year time limitation on the de- including exempt property under subsec-
termination of vested rights shall be stayed tion 106-40(5) or section 106-45; and
during any time periods within which com-
mencement of construction pursuant to a (3) Is consistent with the growth management
final development order, final subdivision plan.
plat, or final site development plan is pro- (Ord. No. 90-23, § 12)
hibited or deferred by the county solely as a
result of lack of adequate public facilities Sec. 106-48. Appeals.
to serve the property, pursuant to article
III of this chapter. Within 30 days after the rendition of a decision
by the board of county commissioners pursuant to
(3) A determination of vested rights shall apply an appeal to the board of county commissioners
to the land and is therefore transferrable under section 106-45 or 106-46,and only after such
from owner to owner of the land subject to an appeal and all other county remedies have been
the determination of vested rights. fully exhausted,the growth planning director,the
county attorney, or the aggrieved owner or appli-
(4) Anything in this article to the contrary not- cant of an affected property, or its authorized at- -�
withstanding, a determination of vested torney, or any other party to such appeal to the
rights may be revoked upon a showing by board, may apply to the circuit court having ju-
CD106:26
PLANNING §106-110
risdiction in the county for judicial relief. The Development agreement means a development
proceedings in the circuit court shall be by peti- agreement between the county and a developer
tion for writ of certiorari,which shall be governed pursuant to the act.
by the Florida Rules of Appellate Procedure. (Ord. No. 90-71, § 14)
(Ord. No. 90-23, § 13; Ord. No. 91-41, § 4) Editor's note—The definitions of act and development
agreement in the above section are derived from language in
the preamble to Ord.No.90-71.
Cross reference—Definitions generally,§ 1-2.
Secs. 106-49-106-70. Reserved.
Sec. 106-108. Statement of intent.
ARTICLE III. RESERVED* It is the intent of this article to set forth the
procedures and requirements necessary for the
county to consider and enter into development
Secs. 106-71-106-105. Reserved. agreements in order to implement the provisions
of articles II and III of this chapter as provided
therein.
ARTICLE IV. DEVELOPMENT (Ord. No. 90-71, § 1)
AGREEMENTS'
Sec. 106-109. Use of agreements.
Sec. 106-106. Short title; applicability. A development agreement may be considered
and entered into, in accordance with the provi-
(a) This article shall be known and may be sions of this article, in order to meet the require-
cited as the "Collier County Development Agree- ments of and implement the following:
ment Ordinance." (1) The provisions of section 106-47 relating
`-' to the use and effect of development agree-
(b) This article shall be applicable to and effec- ments in conjunction with a compatibility
tive within the total unincorporated area of the exception or a determination of vested
county. rights;
(Ord. No. 90-71, § 2)
(2) The provisions of subsection 106-82(c)(3)
relating to the use and effect of a devel-
Sec. 106-107. Definitions. opment agreement in conjunction with a
certificate of public facility adequacy;and/or
The definitions set forth in F.S. § 163.3221 are
incorporated by reference for purposes of this (3) The provisions of any county affordable
article as if fully set forth herein. The following housing density bonus ordinance which
sets forth the use and effect of develop-
words, terms and phrases, when used in this
ment agreements in conjunction with an
article, shall have the meanings ascribed to them affordable housing density bonus.
in this section, except where the context clearly (Ord. No. 90-71, § 3)
indicates a different meaning:
Sec. 106-110. Applications.
Act means the Florida Local Government De-
velopment Agreement Act (F.S. § 163.3220 et (a) Applications for development agreements
seq.). shall be submitted to the county on forms pro-
vided by the county. The county may require an
*Editor's note—Ord. No. 04-55, § 1, adopted July 27, applicant to submit such information as the county
2004, repealed art. III, §§ 106-71-106-82, in its entirety. considers necessary to process the application.
Formerly,said article pertained to adequate public facilities as
enacted by Ord.No.93-82;as amended. Unless otherwise provided as part of the applica-
tState law reference—Florida Local Government Devel- tion form, each application shall be accompanied
opment Agreement Act,F.S.§ 163.3220 et seq. by the form of development agreement proposed
Supp.No. 17 CD 106:27
§106-110 COLLIER COUNTY CODE
by the applicant.The board of county commission- (6) A description of public facilities that will
ers shall establish, by resolution, the schedule of service the development, including who
fees and charges imposed for filing and processing shall provide such facilities;
of each application. Said schedule of fees may
from time to time be amended by resolution (7) The date any new facilities,if needed,will
without further amendment to this article. be constructed;
(b) Only a qualified applicant may file an ap (8) A schedule, where applicable, to assure
plication to enter into a development agreement. public facilities are available concurrent
A qualified applicant is a person who has legal or with impacts of the development;
equitable interest in the real property within the (9) A description of any reservations or dedi-
unincorporated area of the county which is the cations of land for public purposes;
subject of the development agreement and sub-
mits proof of such qualification to the satisfaction (10) A description of all local development per-
of the county as part of the application process. If mits approved or needed to be approved
there is a question as to the sufficiency of the for the development of the land;
applicant's interest in the subject real property,
the county may require such information and (11) A finding that the development permitted
verification as deemed necessary by the county to or proposed is consistent with the county
establish the applicant's interest. growth management plan and county land
development regulations;
(c) If the county determines that an applica-
tion is insufficient, the county shall provide the (12) Such conditions, terms, restrictions, or
applicant with a statement of any additional other requirements determined to be nec
information required and the processing of such essary by the county for the public health, �.
application shall remain pending until such addi- or welfare of its citizens;
tional information is provided and the application (13) A statement indicating that the failure of
is found sufficient and complete by the county.
(Ord. No. 90-71, § 4) the agreement to address a particular
permit,condition,term,or restriction shall
not relieve the developer of the necessity
Sec. 106-111. Requirements. of complying with the law governing said
permitting requirements,condition,term,
(a) A development agreement shall, at a min- or restriction;
imum, include the following:
(1) A legal description of the land subject to (14) With respect to any public facilities to be
the development agreement and the names designed and/or constructed by the devel
of all legal and equitable owners; oper, statement that the design and con-
struction shall be in compliance with all
(2) The duration of the agreement; applicable federal,state,and county stan-
dards(3) The development uses and requirements in order to insure
p permitted on the the progress, quality and cost effective-
land, including population densities, and ness of construction of the public facili-
building intensities and height; ties,to resolve in a timely manner design
(4) The land use designation of the property and construction related problems which
as set forth in the future land use element may occur, and to protect the safety and
of the county growth management plan; welfare of the public. The standards and
requirements shall include, but not be
(5) The current zoning of the property and limited to,guarantees of performance and
the way in which such zoning has been quality and project controls (including
determined to be consistent with the scheduling, quality controls, and quality
growth management plan; assurance).
Supp.No. 17 CD106:28
PLANNING § 106-114
(b) A development agreement may provide that (3) The development uses proposed on the
the entire development or any phase thereof be property, including the proposed popula-
commenced or concluded within a specific period tion densities and proposed building in-
of time. tensities and height; and
(c) With respect to developer commitments that (4) Instructions in a form approved by the
would be eligible for impact fee credits, nothing county for obtaining further information
herein shall affect the eligibility to qualify for regarding the request, including the fact
credits under appropriate impact fee ordinances. that a copy of the proposed development
(Ord. No. 90-71, § 5) agreement can be obtained at the depart-
ment of growth planning or department of
Sec. 106-112. Term. growth management and the office of the
clerk to the board.
The term of a development agreement shall not
exceed five years or such time as the Act may (c) The applicant shall provide proof of notifi-
provide. A development agreement may be ex- cation by submittal to the county of the following:
tended by mutual consent of the board of county (1) An affidavit of publication from the news-
commissioners and the developer, subject to the paper which shall be submitted at least
notice and hearing requirement of section 106- three workdays prior to each public hear-
113. The term of any one extension shall not ing; and
exceed five years.
(Ord. No. 90-71, § 6) (2) A list of all owners of property lying
within 300 feet in every direction of the
Sec. 106-113. Notices and hearings. subject parcel and any additional affected
property owners together with the return
(a) Notice of intent to consider a development receipts for the mailed notice which shall
agreement shall be provided: be submitted to the county at least three
(1) By the applicant publishing an advertise- workdays prior to the first hearing on the
ment approximately seven days before application.
each public hearing on the application in (d) The county planning commission shall con-
a newspaper of general circulation and duct one public hearing and board of county
readership in the county. commissioners shall conduct one public hearing
(2) By the applicant mailing notice by certi- on each application. The public hearings may
feed mail, return receipt requested, to all take place during the regularly scheduled county
owners of property, as reflected on the planning commission and board of county com-
current year's tax roll, lying within 300 missioners meetings. The day, time, and place of
feet in every direction of the subject par- the second public hearing (held by the board of
cel and any additional affected property county commissioners)shall be announced at the
owners.Notice shall be mailed at least 15 first public hearing(held by the county planning
calendar days prior to the first hearing on commission).At the conclusion of the second pub-
the application. lic hearing, the board of county commissioners
shall approve,approve with modifications,or deny
(b) The form of the notices of intent to consider the proposed development agreement.
a development agreement shall specify: (Ord. No. 90-71, § 7)
(1) The day, date, time and place of each
hearing on the proposed development Sec. 106-114. Amendment and cancellation
agreement and the body conducting the by mutual consent.
hearing; A development agreement may be amended or
(2) The location of the land subject to the cancelled by mutual consent of the parties to the
development agreement; agreement or by their successors in interest.Prior
Supp.No. 17 CD106:29
§106-114 COLLIER COUNTY CODE
to amending a development agreement,the county (e) If the county makes a preliminary finding
planning commission and the board of county that there has been a failure to comply with the
commissioners shall hold public hearings on the terms of the development agreement,the board of
proposed amendment in accordance with the no- county commissioners shall conduct a public hear-
tice and hearing provisions of section 106-113. ing at which the developer shall be given the
(Ord. No. 90-71, § 8) opportunity to demonstrate good faith compliance
with the terms of the agreement. If the board of
Sec. 106-115. Recordation. county commissioners finds and determines on
the basis of substantial competent evidence that
Within 14 days after the county enters into the the developer has not complied with the terms
development agreement,the clerk to the board of and conditions of the agreement during the period
county commissioners shall have the agreement under review, the board of county commissioners
recorded in the public records of the county. A may modify or revoke the agreement.
copy of the recorded development agreement shall (Ord. No. 90-71, § 10)
be submitted to the state department of commu-
nity affairs within 14 days after the agreement is Sec. 106-117. Governing laws and policies.
recorded.If the agreement is amended,cancelled,
modified, extended, or revoked, the clerk shall (a) The county's laws and policies governing
have notice of such action recorded in the public the development of the land at the time of the
records and such recorded notice shall be submit- execution of the development agreement shall
ted to the state department of community affairs, govern the development of the land for the dura-
(Ord. No. 90 71, § 9) tion of the development agreement.
Sec. 106-116. Periodic review. (b) The county may apply subsequently adopted ^.
(a) The county through its department of growth laws and policies to a development that is subject
planning and/or department of growth manage- to a development agreement only if the board of
ment shall review the development subject to the county commissioners has held a public hearing
development agreement every 12 months, com and determined:
mencing 12 months after the effective date of the (1) They are not in conflict with the laws and
agreement. policies governing the development agree-
(b) The county shall begin the review process ment and do not prevent development of
by giving notice to the developer that the county the land uses, intensities, or densities in
intends to undertake a periodic review of the the development agreement;
development. (2) They are essential to the public health,
(c) Upon receipt of such notice of review, the safety, or welfare, and expressly state
developer shall submit to the county a monitoring that they shall apply to a development
and compliance report which shall address each that is subject to a development agree
and every requirement or commitment of the ment;
development agreement, including its status and (3) They are specifically anticipated and pro-
the degree to which compliance has or has not vided for in the development agreement;
been reached. In addition to the compliance re-
port by the developer,the county shall make such (4) The county demonstrates that substantial
other review as it deems appropriate or necessary. changes have occurred in pertinent condi-
tions existing at the time of approval of
(d) If the county finds and determines that the the development agreement; or
developer has complied in good faith with the
terms and conditions of the agreement during the (5) The development agreement is based on
period under review, the review for that period substantially inaccurate information sup-
shall be considered concluded. plied by the developer.
Supp.No. 17 CD106:30
PLANNING § 106-132
(c) This section does not abrogate any rights Commissioners of Collier County, Florida is the
that may vest pursuant to common law. governing Board, must be approved by the Board
(Ord. No. 90-71, § 12) of County Commissioners in advance of closing.
(b) The County Manager,or his designee,must
Sec. 106-118. Enforcement. submit for Board consideration at least two real
Any party, any aggrieved or adversely affected estate appraisals in support of any fee simple or
person as defined in F.S. § 163.3215(2), or the easement purchase in excess of$2,500,000. Both
of the appraisals shall be prepared by licensed,
State land planning agency may file an action for State-certified, independent real estate apprais-
injunctive relief in the circuit court of the County ers hired to work on the behalf of the County.
to enforce the terms of a development agreement
or to challenge compliance of the development (c) The County Manager, or his designee,shall
agreement with the provisions of F.S.§§163.3220— obtain at least one real estate appraisal in sup-
163.3243. port of any fee simple or easement purchase in
(Ord. No. 90-71, § 13) excess of$1,000,000.00 which has been prepared
by a licensed, State-certified, independent real
Sec. 106-119. Modification or revocation to estate appraiser hired to work on the behalf of the
comply with subsequently en- County.
acted State and Federal law. (d) The County Manager,or his designee,shall
If State or Federal laws are enacted after the obtain at least one real estate appraisal in sup
port of any fee simple or easement purchase of
execution of a development agreement which are less than $1,000,000.00 which appraisal
applicable to and preclude the parties'compliance
prepared by a licensed, State-certified may be
real estate
with the terms of a development agreement, such appraiser who is a salaried employee of the Board
agreement shall be modified or revoked as is of County Commissioners.
necessary to comply with the relevant State or
Federal laws. (e) The County Manager, or his designee, is
(Ord. No. 90-71, § 15) responsible for ensuring that all appraisals pre-
pared for or on behalf of the County have been
developed and reported in conformance with the
Secs. 106-120-106-130. Reserved. Uniform Standards of Professional Appraisal Prac-
tice, latest edition, as adopted by the Appraisal
ARTICLE V. APPRAISAL OF LAND AND Foundation.
EASEMENTS PROPOSED FOR PURCHASE (f) If the County elects to use exemptions in
F.S. § 125.355, then F.S. § 125.355 shall govern
Sec. 106-131. Authority. and this article will be pre-empted by said stat-
ute.
This article is adopted pursuant to the provi- (Ord. No. 2007-28, § 2)
sions of F.S. ch. 125 and F.S. ch. 165, and other
applicable provisions of law.
(Ord. No. 2007-28, § 1)
Sec. 106-132. Policies and procedures gov-
erning the appraisal of land
and easements proposed for
purchase.
(a) All fee simple and easement acquisition
purchases for or on behalf of Collier County, or
any other entity over which the Board of County
Supp. No. 26 CD 106:31
Chapters 107-109
RESERVED
CD107:1