Agenda 03/08/2022 Item #16A 2 (Resolution - Amending Ord. 2013-57 PL20210001033)03/08/2022
EXECUTIVE SUMMARY
Recommendation to approve a resolution of the Board of County Commissioners of Collier County,
Florida amending the Administrative Code for Land Development, which was created by
Ordinance No. 2013-57, by amending Chapter Three, Quasi-Judicial Procedures with a Public
Hearing, Chapter Four, Administrative Procedures, Chapter Six, Waivers, Exemptions and
Reductions, more specifically to add N. Limited Density Bonus Pool Allocation (LDBPA), and
Chapter Twelve, Acronyms; and providing an effective date. [PL20210001033]
OBJECTIVE: To obtain the Board of County Commissioners (Board) approval of the proposed
amendment to the Collier County Administrative Code for Land Development (Administrative Code).
The companion Land Development Code (LDC) amendment updates LDC section 4.02.16 by creating
limited bonus density pool allocation provisions for the Bayshore Gateway Triangle Redevelopment Area
(BGTRA). The bonus density pool allocation program was established in 2006 and grants additional
dwelling units to qualifying projects. This amendment to the Administrative Code provides for the
process.
CONSIDERATIONS: The Administrative Code provides the processes and procedures for the review of
various land use petitions or applications identified within the Land Development Code (LDC). This
Administrative Code amendment is a companion item to an LDC amendment (PL20210001033), which
creates the limited bonus density pool allocation provisions. It should be noted that an amendment to the
Growth Management Plan (PL20210000603) is also currently being processed to ensure the Collier
County Community Redevelopment Plan will be consistent with the Growth Management Plan (GMP).
As such, the companion LDC amendment will ensure the LDC will be consistent with the contemplated
changes to the GMP by providing for the limited density bonus pool allocation provisions. If these
amendments do not get adopted or if they are revised, this resolution will be updated accordingly.
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: The
Administrative Code amendment was not presented to the DSAC-LDR Subcommittee when they
reviewed the companion LDC amendment (PL20210001033) on June 15, 2021. However, the
Subcommittee recommended approval of the companion LDC amendment with the understanding that
future changes to Administrative Code may be forthcoming and advised that those changes could be
brought directly to the DSAC.
The DSAC recommended approval on the administrative code changes on August 4, 2021.
COLLIER COUNTY PLANNING COMMISSION RECOMMENATION: The CCPC
recommended approval of the companion LDC amendment (PL20210001033) with the following
changes, which have been incorporated into the amendment:
• Insert the term “contiguous” into several sections of the amendment, as discussed at the hearing;
and
• With respect to the names/abbreviations of the overlays, the CCPC reserves the right to
retroactively apply to this LDC amendment any changes that are made to the companion LDC
amendment (PL20210001222), which will be heard later at 5:05 p.m.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board adoption. If the companion LDC amendment PL20210001033 is not adopted, then this
item will be withdrawn or continued. (HFAC)
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03/08/2022
RECOMMENDATION: To approve the proposed Resolution amending Ordinance No. 2004-66, as
amended, the Collier County Administrative Code for Land Development and direct staff as to any
changes.
Prepared By: Eric L. Johnson, AICP, Planning Manager, Zoning Division
ATTACHMENT(S)
1. Draft Resolution (PDF)
2. PL20210001033 - ACA Limited Density Bonus Allocation (01-12-2022) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2
Doc ID: 20839
Item Summary: Recommendation to approve a resolution of the Board of County Commissioners
of Collier County, Florida amending the Administrative Code for Land Development, which was created
by Ordinance No. 2013-57, by amending Chapter Three, Quasi-Judicial Procedures with a Public
Hearing, Chapter Four, Administrative Procedures, Chapter Six, Waivers, Exemptions and Reductions,
more specifically to add N. Limited Density Bonus Pool Allocation (LDBPA), and Chapter Twelve,
Acronyms; and providing an effective date. [PL20210001033] (This is a companion to item 17B)
Meeting Date: 03/08/2022
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
12/21/2021 5:14 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
12/21/2021 5:14 PM
Approved By:
Review:
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 12/23/2021 4:08 PM
Zoning Mike Bosi Zoning Director Review Completed 12/28/2021 3:49 PM
Growth Management Department James C French Growth Management Completed 12/28/2021 3:56 PM
Growth Management Department Trinity Scott Transportation Skipped 01/05/2022 12:13 PM
County Attorney's Office Diane Lynch Level 2 Attorney Review Skipped 12/23/2021 11:41 AM
County Attorney's Office Heidi Ashton-Cicko Additional Reviewer Completed 01/05/2022 4:22 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/05/2022 4:36 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/06/2022 8:28 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/14/2022 11:45 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/02/2022 10:58 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/08/2022 9:00 AM
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Packet Pg. 297 Attachment: Draft Resolution (20839 : Limited Density Bonus Pool Allocation (Administrative Code))
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Exhibit A – Administrative Code Changes
Collier County Land Development Code | Administrative Procedures Manual
Chapter 3 | Quasi-Judicial Procedures with a Public Hearing
Chapter 3. Quasi-Judicial Procedures with a Public Hearing
* * * * * * * * * * * * *
E. Mixed Use Project (MUP) – Public Hearing for use of Bonus Density Pool
and/or other Deviations
Reference LDC sections 4.02.16 C.8, 10.02.15 and LDC Public Notice subsection 10.03.06 N.
Applicability This procedure applies to a request for a mixed use project (MUP) within the Bayshore
Gateway Triangle Community Redevelopment Area which seeks to utilize the Bonus
Density Pool and/or other deviations. This does not include the Limited Density Pool
Allocation.
Eligible
Applicants
Property owners in the following zoning districts:
1. Bayshore Zoning Overlay Mixed Use District, Neighborhood Commercial (BZOBMUD-
NC) Subdistrict
2. Bayshore Zoning Overlay Mixed Use District, Waterfront (BZOBMUD-W) Subdistrict
3. Gateway Triangle Zoning Mixed Use District Overlay, Mixed Use District
(GTZOGTMUD-MXD) Subdistrict
Pre-application A pre-application meeting is required.
Initiation The applicant files a “Mixed Use Project Plan (MUP) with Deviations- Public Hearing,” with
the Planning & Zoning Division.
Application
Contents
MUPs that require a public hearing shall follow the applicable submittal requirements of a
Conditional Use in Chapter 3 C. of the Administrative Code. In addition, pursuant to LDC
subsection 10.02.15 A.2., the applicant shall prepare a conceptual plan depicting mixed
use development and noting all deviations.
Completeness
and Processing of
Application
The Planning & Zoning Division will review the application for completeness. After
submission of the completed application packet accompanied with the required fee, the
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XXX201200000) assigned to the petition. This petition
tracking number should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows: See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall be
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Packet Pg. 308 Attachment: PL20210001033 - ACA Limited Density Bonus Allocation (01-12-2022) (20839 : Limited Density Bonus Pool Allocation
Exhibit A – Administrative Code Changes
Collier County Land Development Code | Administrative Procedures Manual
Chapter 3 | Quasi-Judicial Procedures with a Public Hearing
given to property owners in the notification area at least 15 days prior to the NIM
meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Planning Commission hearing.
3. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before each advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location for the BZA advertisement.
4. Sign: (see format below) Posted at least 15 days before the advertised Planning
Commission hearing date.
Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BZA shall hold at least 1 advertised public hearing.
Decision maker The BZA, following recommendations from both the EAC, if required, and the Planning
Commission.
Review Process The Planning & Zoning Division will review the application, identify whether additional
materials are needed, prepare a Staff Report, and schedule a hearing date before the EAC,
if required, and Planning Commission to present the petition for review.
Following the recommendation by the Planning Commission, the Planning & Zoning
Division will prepare an Executive Summary and schedule a hearing date before the BZA to
present the petition for review.
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Packet Pg. 309 Attachment: PL20210001033 - ACA Limited Density Bonus Allocation (01-12-2022) (20839 : Limited Density Bonus Pool Allocation
Exhibit A – Administrative Code Changes
Collier County Land Development Code | Administrative Procedures Manual
Chapter 3 | Quasi-Judicial Procedures with a Public Hearing
Updated Resolution 2022-###
# # # # # # # # # # # # #
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Packet Pg. 310 Attachment: PL20210001033 - ACA Limited Density Bonus Allocation (01-12-2022) (20839 : Limited Density Bonus Pool Allocation
Exhibit A – Administrative Code Changes
Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
Chapter 4. Administrative Procedures
* * * * * * * * * * * * *
F. Mixed Use Project – Administrative Approval
Reference LDC sections 10.02.15 and 4.02.16.
Applicability This procedure applies to a request for a mixed use project (MUP) within the Bayshore
Gateway Triangle Community Redevelopment Area that is not seeking a Density Bonus
and/or is eligible for administrative deviations pursuant to LDC subsections 10.02.15 A.1
and 10.02.15 B.
Eligible Applicants Property owners in the following zoning districts:
Bayshore Zoning Overlay Mixed Use District, Neighborhood Commercial
(BZOBMUD-NC) Subdistrict
Bayshore Zoning Overlay Mixed Use District, Waterfront (BZOBMUD-W)
Subdistrict
Gateway Triangle Zoning Mixed Use District Overlay, Mixed Use District
(GTZOGTMUD-MXD) Subdistrict.
Pre-application A pre-application meeting is required.
Initiation The applicant files a “Mixed Use Project Plan (MUP) – Administrative Approval”
application with the Development Review Division.
Application
Contents
Pursuant to LDC subsection 10.02.15 A.1.b, MUPs that may be administratively approved
shall follow the applicable submittal requirements of a site development plan. See
Chapter 4 I. of the Administrative Code for additional information.
Completeness and
Processing of
Application
The Planning & Zoning Division will review the application for completeness. After
submission of the completed application packet accompanied with the required fee, the
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the payment
and the tracking number (i.e., XXX201200000) assigned to the petition. This petition
tracking number should be noted on all future correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Staff Review
Process
The Development Review Division will review the application, identify whether additional
materials are needed and prepare a letter of approval or denial utilizing the criteria
identified in the LDC subsection 10.02.15 A.1. and 10.02.15 B.
Appeals Administrative appeals shall be in accordance with the Code of Laws and Ordinances
section 250-58.
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Packet Pg. 311 Attachment: PL20210001033 - ACA Limited Density Bonus Allocation (01-12-2022) (20839 : Limited Density Bonus Pool Allocation
Exhibit A – Administrative Code Changes
Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
Updated Resolution 2022-###
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Packet Pg. 312 Attachment: PL20210001033 - ACA Limited Density Bonus Allocation (01-12-2022) (20839 : Limited Density Bonus Pool Allocation
Exhibit A – Administrative Code Changes
Collier County Land Development Code | Administrative Procedures Manual
Chapter 6 | Waivers, Exemptions, and Reductions
Chapter 6. Waivers, Exemptions, and Reductions
* * * * * * * * * * * * *
N. Limited Density Bonus Pool Allocation (LDBPA)
Reference LDC section 4.02.16 C. and LDC section 10.03.06 R.
Applicability Property Owners in the Bayshore Zoning Overlay District (BZO) and Gateway Triangle
Zoning Overlay District (GTZO), which are zoned as either multi-family or mixed use, 2
contiguous acres or less are allowed to add 2 units per acre when satisfying the criteria of
LDC section 4.02.16.C.10.
Initiation The applicant files a “Limited Density Bonus Pool” application with the Planning & Zoning
Division.
Pre-Application A pre-application meeting is required.
Application
Contents
A limited density pool application must include the following, in addition to the Application
Contents and Requirements for an SDP, SDPA, or SIP. See Chapter 4 I.2 – I.4 of the
Administrative Code.
Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering plans shall be
signed and sealed by the applicant’s professional engineer licensed to practice in
the State of Florida. For projects subject to LDC section 5.05.08, architectural
drawings, shall be signed and sealed by a licensed architect, registered in the State
of Florida. Landscape plans shall be signed and sealed by licensed landscape
architect, registered in State of Florida.
Sheet size: The site improvement plan and the coversheet shall be prepared on a maximum
size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas
affected by the amendment. The sheet must clearly show the change “clouded”
and clearly delineate the area and scope of the work to be done.
The application must include the following:
1. A narrative of the redevelopment project and how it is consistent with the standards
for approval, LDC section 4.02.16.C10.
2. Submittal of a Traffic Impact Statement.
3. Demonstrated compliance with the County’s access management policies.
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the first advertised hearing.
2. Newspaper Advertisement: The legal advertisement shall be published at least 15
days before each advertised hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
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Packet Pg. 313 Attachment: PL20210001033 - ACA Limited Density Bonus Allocation (01-12-2022) (20839 : Limited Density Bonus Pool Allocation
Exhibit A – Administrative Code Changes
Collier County Land Development Code | Administrative Procedures Manual
Chapter 6 | Waivers, Exemptions, and Reductions
b. Application number and project name;
c. 2 in. x 3 in. map of project location; and
d. Description of location.
Public Hearing The Hearing Examiner or Planning Commission shall hold at least 1 advertised public
hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing
Examiner procedures.
If the petition is heard by the Planning Commission, one BZA hearing is required.
Decision maker The Hearing Examiner or BZA.
Review Process The Zoning Division will review the application and identify whether additional materials
are needed. Staff will prepare a Staff Report utilizing the criteria established in LDC
section 4.02.16 C.10.d. to present to the decision maker.
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Exhibit A – Administrative Code Changes
Chapter 12. Acronyms
A – Rural Agricultural Zoning District
ACOE – Army Corps of Engineers
ACP – Agricultural Clearing Permit
ACSC – Area of Critical State Concern
ADT – Average Daily Trips
ASI – Area of Significant Influence
BCC – Board of Collier County Commissioners
BD – Boat Dock Petition
BZOBMUD – Bayshore Zoning Overlay Drive Mixed
Used District
BP – Business Park District
BZA – Board of Zoning Appeals
C-1 – Commercial Professional General Office District
C-2 – Commercial Convenience District
C-3 – Commercial Intermediate District
C-4 – General Commercial District
C-5 – Heavy Commercial District
CCME – Conservation and Coastal Management
Element
CCPC – Collier County Planning Commission
CCSL(P) – Coastal Construction Setback Line (Permit)
CDD – Community Development District
CEB – Code Enforcement Board
CF – Community Facility
CIE – Capital Improvement Element
CIP – Capital Improvement Program
CMO – Corridor Management Overlay
C.O. – Certificate of Occupancy
CON – Conservation Zoning District
CRD – Compact Rural Development
CSP – Conceptual Site Plan
CU – Conditional Use
DBH – Diameter at Breast Height
DEO – Department of Economic Opportunity
D.O. – Development Order
DRI – Development of Regional Impact
DSWT – Dry Season Water Table
E – Estates Zoning District
EAC – Environmental Advisory Council
EIS – Environmental Impact Statement
EPA – Environmental Protection Agency
EXP – Excavation Permit
FAC – Florida Administrative Code
FDEP – Florida Department of Environmental
Protection
FDOT – Florida Department of Transportation
FFWCC – Florida Fish & Wildlife Conservation
Commission
FIAM – Financial Impact Analysis Module
FIHS – Florida Interstate Highway System
FLUCFCS - Land Use Cover and Forms Classification
System
FLUE – Future Land Use Element
FLUM – Future Land Use Map
FP – Final Plat
FS – Florida Statutes
FSA – Flow way Stewardship Area
GC – Golf Course
GGAMP – Golden Gate Area Master Plan
GGPPOCO – Golden Gate Pkwy Professional Office
Commercial Overlay District
GMP – Growth Management Plan
GPCD – Gallons Per Capita per Day
GT – Gopher Tortoise
GTZO – Gateway Triangle Zoning Overlay District
GWP – Ground Water Protection Zone
GZO – Goodland Zoning Overlay
HSA – Habitat Stewardship Area
I – Industrial Zoning District
ICBSD – Immokalee Central Business Subdistrict
LDC – Land Development Code
LOS – Level of Service
LPA – Local Planning Agency
LSPA – Littoral Shelf Planting Area
M/F – Multi-family Use or Zoning
MH – Mobile Home
MHO – Mobile Home Overlay
MLW – Mean Low Water
MPP – Manatee Protection Plan
NBMO – North Belle Meade Overlay
NC – Neighborhood Commercial District
NRPA – Natural Resource Protection Area
O.C. – On Center
P – Public Use District
PPL – Plans and Plat
PSI – Pounds Per Square Inch
PSP – Preliminary Subdivision Plat
PUD – Planned Unit Development
RSF – Residential Single-Family Districts
RCW – Red Cockaded Woodpecker
RFMU – Rural Fringe Mixed Use District
RLS – Request for Legal Service
RLSA(O) – Rural Lands Stewardship Area (Overlay)
RMF – Residential Multi-Family Districts
RNC – Residential Neighborhood Commercial
Subdistrict
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Exhibit A – Administrative Code Changes
R.O.W. – Right of Way
RSF – Residential Single-Family
SBCO – Santa Barbara Commercial Overlay District
SBR – School Board Review
SDP – Site Development Plan
S/F – Single Family Use/Zoning
SFWMD – South Florida Water Management District
SIP – Site Improvement Plan
SLR – Sound Level Reduction
SRA – Stewardship Receiving Area
SSA – Stewardship Sending Area
ST – Special Treatment Zoning Overlay
ST-NAR – Special Treatment-Natural Aquifer
Recharge
SWFRPC – Southwest Florida Regional Planning
Council
TCEA – Transportation Concurrency Exception Areas
TCMA – Transportation Concurrency Management
Areas
TDR – Transfer of Development Rights
TP – Turtle Permit
TTRVC – Travel Trailer Recreational Vehicle
Campground
USFWS – United States Fish & Wildlife Service
VOB – Vehicle on the Beach Permit
VR – Village Residential Zoning District
VRP – Vegetation Removal Permit
VRSFP – Vegetation Removal & Site Fill Permit
W – Waterfront District
WRA – Water Retention Area (within RLSA)
# # # # # # # # # # # # #
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