Agenda 01/24/2023 Item #17A (To obtain BCC approval of a LDC amendment revising and clarifying the procedures and approval process for Comparable Use Determinations within zoning districts and requiring Conditional Uses)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
January 24, 2023
Move item 17A to 9B: ***This item has been Continued from the December 13, 2022 BCC Meeting ***
Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida,
amending Ordinance Number 04‐41, as amended, the Collier County Land Development Code, which includes the
comprehensive land regulations for the unincorporated area of Collier County, Florida, that revises the
procedures and approval process for Comparable Use Determinations within zoning districts and requires
Conditional Use or Minor Conditional Use Approval in addition to a Comparable Use Determination in all zoning
districts except for Planned Unit Development zoning districts that expressly provide for Comparable Use
Determinations, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of
Amendments to the Land Development Code, more specifically amending the following: Chapter Two Zoning
Districts and Uses, including Section 2.03.00 Zoning Districts, Permitted Uses, Accessory Uses, and Conditional
Uses, Section 2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts, Section 2.03.05 Civic
and Institutional Zoning Districts, Section 2.03.07 Overlay Zoning Districts, and Section 2.03.09 Open Space Zoning
Districts, and Chapter Ten Application, Review, and Decision‐Making Procedures, including Section 10.02.06
Requirements for Permits, and Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions;
Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and
Section Six, Effective Date. [PL20220000207] (First of two hearings) (All Districts) (Commissioner Saunders and
Commissioner LoCastro’s separate requests)
Move item 16A7 to 11C: Recommendation to approve and execute a Florida Department of Transportation
(FDOT) Beautification Grant, Landscape Maintenance Memorandum of Agreement with FDOT in which Collier
County will be reimbursed up to $100,000 for median irrigation and landscaping improvements on US 41 (State
Road 45/ State Road 90), Lee County Line to Vanderbilt Beach Road, authorize the Chairman to sign and execute
the Agreement and related documents, authorize the necessary budget amendments, and allow project activity.
(District 2) (Commissioner McDaniel’s request)
Move item 16A8 to 11D: Recommendation to award Invitation to Bid ("ITB") No. 22‐8046, "Davis Blvd (SR‐84)
Landscape Improvements ‐ Grant Funded" project, to Hannula Landscaping and Irrigation, Inc., in the amount of
$425,783.79, authorize the Chairman to sign the attached Agreement, and approve the necessary budget
amendments. (District 4) (Commissioner McDaniel’s request)
Move item 16A9 to 11E: Recommendation to award Invitation to Bid ("ITB") No. 22‐8047, "Collier Blvd (SR‐951)
Landscape Improvements ‐ Grant Funded" project, to Hannula Landscaping and Irrigation, Inc. in the amount of
$526,622.75, authorize the Chairman to sign the attached Agreement, and approve the necessary budget
amendments. (District 1) (Commissioner McDaniel’s request)
Move item 16F2 to 11F: Recommendation to award Request for Proposal (“RFP”) #22‐8026, “Tourism Sales
Representation – Midwest United States” to Synergy‐Connect, LLC, make a finding that this action promotes
tourism, and authorize the Chairman to execute the Agreement. (All Districts) (Commissioner McDaniel’s and
Commissioner LoCastro’s separate requests)
Move item 16A13 to 15B2: Recommendation to accept the January 2023 Project Update For ‘Vanderbilt Beach
Road Extension.’ (Project 60168) (All Districts) (Commissioner Saunders Request)
Notes: Revise Item 17A (9B) Attachment 1 “CUD Draft Ordinance”: On page 4 Section 2.03.00.1 strike the text
“all Planned Unit Development zoning districts and” from the first line. It should now read “Rules for
Interpretation of Uses. In any zoning district, where the list of permitted uses contains the phrase…”.
TIME CERTAIN ITEMS:
Item 5A to be heard at 10:00 AM: Presentation from the U.S. Army Corps of Engineers on the County Coastal
Storm Risk Management Feasibility Study.
1/24/2023 8:56 AM
01/24/2023
EXECUTIVE SUMMARY
***This item has been Continued from the December 13, 2022 BCC Meeting *** Recommendation
to approve an Ordinance of the Board of County Commissioners of Collier County, Florida,
amending Ordinance Number 04-41, as amended, the Collier County Land Development Code,
which includes the comprehensive land regulations for the unincorporated area of Collier County,
Florida, that revises the procedures and approval process for Comparable Use Determinations
within zoning districts and requires Conditional Use or Minor Conditional Use Approval in
addition to a Comparable Use Determination in all zoning districts except for Planned Unit
Development zoning districts that expressly provide for Comparable Use Determinations, by
providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of
Amendments to the Land Development Code, more specifically amending the following: Chapter
Two Zoning Districts and Uses, including Section 2.03.00 Zoning Districts, Permitted Uses,
Accessory Uses, and Conditional Uses, Section 2.03.03 Commercial Zoning Districts, Section 2.03.04
Industrial Zoning Districts, Section 2.03.05 Civic and Institutional Zoning Districts, Section 2.03.07
Overlay Zoning Districts, and Section 2.03.09 Open Space Zoning Districts, and Chapter Ten
Application, Review, and Decision-Making Procedures, including Section 10.02.06 Requirements
for Permits, and Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions;
Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land
Development Code; and Section Six, Effective Date. [PL20220000207] (First of two hearings)
_____________________________________________________________________________
OBJECTIVE: To obtain Board of County Commissioners (Board) approval of a Land Development
Code (LDC) amendment revising and clarifying the procedures and approval process for Comparable Use
Determinations within zoning districts and requiring Conditional Uses in addition to Comparable Use
Determinations in all zoning districts except for Planned Unit Development zoning districts that expressly
provide for other comparable uses.
CONSIDERATIONS: The Comparable Use Determination (CUD) process is currently connected to the
list of permitted uses in the Commercial Zoning Districts (C-1 through C-5), Business Park (BP), Public
Use (P), Golden Gate Parkway Overlay District (GGPOD), and the Planned Unit Development District
(PUD) when such PUD contains specific provisions within its respective ordinance. The Bayshore
Zoning Overlay District (BZO) and the Gateway Triangle Zoning Overlay District (GTZO) also contain
provisions allowing the County Manager to make a final determination as to whether a particular use,
which is unlisted in the Table of Uses, is within the same class of uses as a listed use.
On October 12, 2021, the Board directed staff to bring back an LDC amendment emphasizing the need for
having the conditional use process applied to CUDs. It was the Board’s concern that comparab le uses
should be examined for comparability, compatibility, and consistency on a site-specific basis only and not
applied uniformly to all areas within the County sharing the same zoning district or to other zoning
classifications having higher intensities. As such, this LDC amendment and companion Administrative
Code amendment shall clear any confusion or the misapplication of the scope of a CUD, so that each
request is restricted to a site-specific location (e.g., lot, parcel, tract of land, etc.) and correct any
unintended consequence of expanding the CUD process beyond for which the Board intends.
When the LDC amendment was scheduled for the Collier County Planning Commission, it contained text
changes that were proposed in each of the aforementioned zoning districts. As such, the CCPC held a
nighttime hearing on August 18, 2022, to comply with LDC section 10.03.06 K. On October 11, 2022,
the Board voted to waive the nighttime hearing requirement and to instead, advertise the LDC amendment
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at two regularly scheduled daytime hearings (November 8, 2022, and December 13, 2022, respectively).
However, due to internal concerns, the LDC amendment has since been revised, in part, by eliminating
the text changes that were proposed within each of the zoning districts. This change was made to ensure
that the CUD process is not inadvertently expanded to all zoning districts, which is beyond the scope of
the Board’s direction to staff on October 12, 2021.
The draft ordinance contains fewer LDC changes than what was advertised in the Naples Daily News.
Because fewer changes are proposed to the LDC than what was contained in the legal advertisement, the
Board may continue to proceed with reviewing this item and act without the need for re-advertising.
However, in its decision, the Board would simply acknowledge that there is a difference between the titles
in the legal advertisement compared to the draft ordinance.
This LDC amendment requires a companion amendment to the Collier County Administrative Code for
Land Development regarding public notice procedures for land use petitions.
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard this petition at their August 18, 2022, meeting.
The CCPC voted unanimously to forward the subject petition to the Board with a recommendation of
approval.
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATIONS:
The DSAC recommended approval on May 4, 2022. The DSAC Land Development Review
Subcommittee recommended approval on March 9, 2022, with two caveats: that staff will look at all the
overlay districts and see if any others need to be changed in accordance with these measures and to clarify
the narrative’s background section in terms of how the system of allowed comparable uses in zoning
districts is described. The narrative had been revised and all overlay zoning districts are included in the
amendment.
FISCAL IMPACT: There are no anticipated fiscal impacts to Collier County.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires an
affirmative vote of four for Board approval. (HFAC)
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action. The new Conditional Use-Comparable Use Determination application fee shall be charged the
same fee as for a Conditional Use Permit at $4,000. For a Planned Unit Development-Comparable Use
Determination application, the fee remains the same at $1,000 and $100 per hour as needed upon
completion of staff’s review and research and provided a Conditional Use Permit is not required.
RECOMMENDATION: To approve the first of two readings of the proposed Ordinance, amending the
Land Development Code, including the revised ordinance title, and to direct staff as to any changes.
Prepared by: Eric Johnson, AICP, CFM, LDC Planning Manager
ATTACHMENT(S)
1. PL20220000207 - CUD Draft Ordinance (12-29-2022) (PDF)
2. PL20220000207 - CUD LDCA (11-23-2022) (PDF)
3. legal ad - agenda ID 23267 (PDF)
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4. PL20220000207 - CUD Legal Ad (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 23267
Item Summary: ***This item has been Continued from the December 13, 2022 BCC Meeting ***
Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida,
amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the
comprehensive land regulations for the unincorporated area of Collier County, Florida, that revises the procedures
and approval process for Comparable Use Determinations within zoning districts and requires Conditional Use or
Minor Conditional Use Approval in addition to a Comparable Use Determination in all zoning districts except for
Planned Unit Development zoning districts that expressly provide for Comparable Use Determinations, by
providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to
the Land Development Code, more specifically amending the following: Chapter Two Zoning Districts and Uses,
including Section 2.03.00 Zoning Districts, Permitted Uses, Accessory Uses, and Conditional Uses, Section 2.03.03
Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts, Section 2.03.05 Civic and Institutional
Zoning Districts, Section 2.03.07 Overlay Zoning Districts, and Section 2.03.09 Open Space Zoning Districts, and
Chapter Ten Application, Review, and Decision-Making Procedures, including Section 10.02.06 Requirements for
Permits, and Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict
and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective
Date. [PL20220000207] (First of two hearings)
Meeting Date: 01/24/2023
Prepared by:
Title: Senior Planner – Zoning
Name: Sean Kingston
10/04/2022 5:00 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/04/2022 5:00 PM
Approved By:
Review:
Zoning Eric Johnson Additional Reviewer Completed 10/05/2022 2:49 PM
Zoning Mike Bosi Division Director Completed 10/12/2022 3:35 PM
Growth Management Department Diane Lynch Growth Management Department Completed 10/13/2022 4:15 PM
Growth Management Department Eric Johnson Transportation Skipped 10/05/2022 8:52 AM
Growth Management Department James C French Growth Management Completed 10/26/2022 1:51 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/01/2022 10:55 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/01/2022 10:57 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/01/2022 11:08 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/28/2022 10:10 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/03/2023 11:51 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/24/2023 9:00 AM
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20220000207
SUMMARY OF AMENDMENT
This Land Development Code (LDC) amendment is intended to revise and
clarify the procedures and approval process for Comparable Use
Determinations within certain zoning districts and to require Conditional
Use approval in concert with the Comparable Use Determination process,
except for properties located within Planned Unit Development zoning
districts that expressly provide for other comparable uses .
ORIGIN
Board of County
Commissioners (Board)
HEARING DATES LDC SECTIONS TO BE AMENDED
BCC 01/10/2023
12/13/2022
11/08/2022
2.03.00
10.02.06
10.03.06
Zoning Districts; Permitted Uses, Accessory Uses, and
Conditional Uses
Requirements for Permits
Public Notice and Required Hearings for Land Use Petitions CCPC 08/18/2022
DSAC 05/04/2022
DSAC-LDR 03/09/2022
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with recommendations
DSAC
Approval
CCPC
Approval
BACKGROUND: The Comparable Use Determination (CUD) process is currently connected to the
list of permitted uses in the Commercial Zoning Districts (C -1 through C-5), Business Park (BP), Public
Use (P), Golden Gate Parkway Overlay District (GGPOD), and the Planned Unit Development district
(PUD), when such PUD contains specific provisions within its respective ordinance. The Bayshore
Zoning Overlay District (BZO) and the Gateway Triangle Zoning Overlay District (GTZO) also contain
provisions allowing the County Manager to make a final determination as to whether a particular use,
which is unlisted in the Table of Uses, is within the same class of uses as a listed use.
On October 12, 2021, the Board directed staff to bring back an LDC amendment emphasizing the need
for having the conditional use process be applied to Comparable Use Determinations ("CUDs"). It was
the Board’s concern that comparable uses should be examined for comparability, compatibility, and
consistency on a site -specific basis only and not applied uni formly to all areas within the County sharing
the same zoning district or to other zoning classifications having higher intensities. As such, this LDC
amendment and companion Administrative Code amendment shall clear any confusion or the
misapplication of the scope of a CUD, so that each request is restricted to a site -specific location (e.g.,
lot, parcel, tract of land, etc.) and correct any unintended consequence of expanding the CUD process
beyond for which the Board intends.
When the LDC amendment was scheduled for the Collier County Planning Commission (CCPC), it
contained text changes that were proposed in each of the aforementioned zoning districts. As such, the
CCPC held a nighttime hearing on August 18, 2022, to comply with LDC section 10.03.06 K. On
October 11, 2022, the Board voted to waive the nighttime hearing requirement and to instead, advertise
the LDC amendment at two regularly scheduled daytime hearings (November 8, 2022, and December
13, 2022, respectively). However, due to internal concerns, the LDC amendment has since been revised,
in part, by eliminating the text changes that were proposed within each of the zoning districts. This
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change was made to ensure that the CUD process is not inadvertently expanded to all zoning districts,
which is beyond the scope of the Board’s direction to staff on October 12, 2021.
The draft ordinance contains fewer LDC changes than what was advertised in the Naples Daily News.
Because fewer changes are proposed to the LDC than what was contained in t he legal advertisement, the
Board may continue to proceed with reviewing this item and act without the need for readvertising.
However, in its decision, the Board would simply acknowledge that there is a difference between the
titles in the legal advertis ement compared to the draft ordinance.
This LDC amendment requires a companion amendment to the Collier County Administrative Code for
Land Development regarding public notice procedures for land use petitions. This resolution will be
scheduled for Board consideration on January 24, 2023, to coincide with the second hearing of this
proposed ordinance.
Collier County Planning Commission (CCPC) Recommendation: The CCPC heard this petition at their
August 18, 2022, meeting. The Planning Commission voted unanimou sly to forward the subject petition
to the Board with a recommendation of approval.
Development Services Advisory Committee (DSAC) Recommendations:
The DSAC recommended approval on May 4, 2022. The DSAC Land Development Review
Subcommittee recommended approval on March 9, 2022, wi th two caveats: that staff will look at all the
overlay districts and see if any others need to be changed in accordance with these measures and to
clarify the narrative’s background section in terms of how the system of allowed comparable uses in
zoning districts is described. The narrative has been revised and all overlay zoning districts are included
in the amendment.
FISCAL & OPERATIONAL IMPACTS
The CU-CUD application fee shall be charged the
same fee as for a Conditional Use Permit at
$4,000. For a PUD-CUD application, the fee
remains the same at $1,000 and $100 per hour as
needed upon completion of staff ’s review and
research and provided a Conditional Use Permit
is not required.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed
by Comprehensive Planning staff and may be
deemed consistent with the GMP.
EXHIBITS: A) Administrative Code Chapter s 3 C.4. and 3 L.
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Amend the LDC as follows:
1
2.03.00 – ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND CONDITIONAL 2
USES 3
4
In order to carry out and implement the Collier County GMP and the purposes of this LDC, the 5
following zoning districts, district purposes, and applicable symbols are hereby established: 6
7
A. Rules for Interpretation of Uses. In all Planned Unit Developments zoning districts 8
and any zoning district where the list of permitted uses contains the phrase "any other 9
use which is comparable in nature with the foregoing uses and is consistent with the 10
permitted uses and purpose and intent statement of the district" or any similar phrase 11
which provides for a use which is not clearly defined or described in the list of 12
permitted uses, which requires the discretion of the County Manager or designee as 13
to whether or not it is permitted in the district, then the determination of whether or 14
not that use is permitted at a site-specific location in the district shall be made through 15
the process outlined in LDC section 10.02.06 K. 16
17
* * * * * * * * * * * * * 18
# # # # # # # # # # # # # 19
20
10.02.06 – Requirements for Permits 21
22
K. Comparable Use Determination. 23
24
1. The following Comparable Use Determination (CUD) shall be used to determine 25
whether a use is comparable in nature with the list of permitted uses and the 26
purpose and intent statement of the zoning district, overlay, or PUD. 27
28
2. To be effective, the Comparable Use Determination shall be approved by the 29
Hearing Examiner by decision, or Board of Zoning Appeals by resolution after 30
CCPC recommendation to the BZA, at an advertised public hearing based on the 31
following standards, as applicable: 32
33
a. The proposed use possesses similar characteristics to other permitted 34
uses in the zoning district, overlay, or PUD, including but not limited to the 35
following: 36
i. Operating hours; 37
ii. Traffic volume generated/attracted; 38
iii. Type of vehicles associated with the use; 39
iv. Number and type of required parking spaces; and 40
v. Business practices and activities. 41
42
b. The effect of the proposed use would have on neighboring properties in 43
relation to the noise, glare, or odor effects shall be no greater than that of 44
other permitted uses in the zoning district, overlay, or PUD. 45
46
c. The proposed use is consistent with the GMP, meaning the applicable 47
future land use designation does not specifically prohibit the proposed use , 48
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and, where the future land use designation contains a specific list of 1
allowable uses, the proposed use is not omitted. 2
3
d. The proposed use shall be compatible and consistent with the other 4
permitted uses in the zoning district, overlay, or PUD. 5
6
e. Any additional relevant information as may be required by County Manager 7
or Designee. 8
9
3. The Administrative Code shall establish the process and application submittal 10
requirements to obtain a Comparable Use Determination. 11
12
4. Except for properties located in a PUD, each petition for CUD shall also require 13
minor conditional use approval or conditional use approval in accordance with the 14
procedures set forth in LDC section 10.08.00. For properties located in a PUD 15
where the PUD does not contain the phrase, “any other use which is comparable 16
in nature with the foregoing uses and is consistent with th e permitted uses and 17
purpose and intent statement of the district" or any similar phrase that provides for 18
a use that is not clearly defined or described in the list of permitted uses, which 19
requires discretion as to whether or not it is permitted in the district, then each 20
petition for CUD shall also require minor conditional use or conditional use 21
approval in accordance with the procedures set forth in LDC section 10.08.00. 22
23
* * * * * * * * * * * * * 24
# # # # # # # # # # # # # 25
26
10.03.06 – Public Notice and Required Hearings for Land use Petitions 27
28
This section shall establish the requirements for public hearings and public notices. This 29
section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative 30
Code, which further establishes the public notice procedures for land use petitions. 31
32
* * * * * * * * * * * * * 33
34
B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use, or a 35
conditional use-comparable use determination. For minor conditional use and minor 36
conditional use-comparable use determination notice requirements see 10.03.06 C, below 37
and for County initiated rezonings, see 10.03.06 K.: 38
39
1. The following advertised public hearings are required: 40
41
a. One Planning Commission hearing. 42
43
b. One BCC or BZA hearing. 44
45
2. The following notice procedures are required: 46
47
a. A NIM. See LDC section 10.03.05 A. 48
49
b. Mailed Notice prior to the first advertised public hearing. 50
51
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c. Newspaper Advertisement prior to each advertised public hearing in 1
accordance with F.S. § 125.66. 2
3
d. Posting of a sign prior to the first advertised public hearing. 4
5
6
* * * * * * * * * * * * * 7
8
C. Minor conditional use and minor conditional use-comparable use determination. 9
10
1. The following advertised public hearings are required: 11
12
a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, then 13
pursuant to 10.03.06 B. 14
15
2. The following notice procedures are required: 16
17
a. A NIM. See LDC section 10.03.05 A. 18
19
b. Mailed Notice prior to the advertised public hearing. 20
21
c. Newspaper Advertisement prior to the advertised public hearing. 22
23
d. Posting of a sign prior to the advertised public hearing. 24
25
* * * * * * * * * * * * * 26
27
O. Approval of a Comparable Use Determination in PUDs pursuant to LDC section 10.02.06 28
K. 29
30
1. The following advertised public hearings are required: 31
32
a. One CCPC or Hearing Examiner hearing. 33
34
a. If heard by the Planning Commission, one BZA hearing. 35
36
2. The following notice procedures are required: 37
38
a. Newspaper Advertisement prior to the advertised public hearing in 39
accordance with F.S. § 125.66. 40
41
* * * * * * * * * * * * * 42
# # # # # # # # # # # # #43
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Attachment A - Administrative Code
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 3 | Quasi-Judicial Procedures with a Public Hearing
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C .4 . Conditional Use - Comparable Use Determination (CU -CUD)
Reference LDC sections 2.03.00 A, 10.02.06 K, 10.08.00, LDC Public Notice section 10.03.06 B., C, or O, LDC
section 8.10.00 and F.S. §125.66.
Applicability A Conditional Use - Comparable Use Determination shall be used to determine if a new use at
a site specific location is comparable, compatible, and consistent with the list of permitted uses
in standard zoning district s, overlay, or a PUD, if such PUD does not contain the phrase, “any
other use which is comparable in nature with the foregoing uses and is consistent with the
permitted uses and purpose and intent statement of the district" or any similar phrase. See
Chapter 3.L. for additional information regarding Comparable Use Determination in PUDs. A
Minor Conditional Use-Comparable Use Determination is where the conditional use qualifies
as a minor conditional use as defined in LDC section 8.10.00.
Pre-Application A pre-application meeting is required.
Initiation The applicant files a “Conditional Use - Comparable Use Determination Application or an
Application for Public Hearing for Conditional Use ” with the Zoning Division.
See Chapter 1 D. for additional information regarding the procedural steps for initiating an
application.
Application
Contents
The petition should include material necessary to demonstrate that the approval of the
conditional use will be in harmony with the general intent and purpose of the LDC, will be
consistent with the Growth Management Plan, will not be injurious to the neighborhood or to
adjoining properties, or otherwise detrimental to the public welfare.
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. A cover letter briefly explaining the proposed project.
4. Property Ownership Disclosure Form.
5. The date the subject property was acquired or leased (including the term of the lease). If
the applicant has an option to buy, indicate the date of the option, the date the option
terminates, and anticipated closing date.
6. The name and mailing address of all registered Home Owners Associations and civic
associations whose members are impacted by the application.
7. Pre-application meeting notes.
8. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized
statement of ownership clearly.
9. PUD Ordinance and Development Commitment Information , if applicable.
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10. A written petition that shows how the proposed use satisfies the findings outlined in LDC
section 10.08.00 .
11. Property information, including:
a. Legal description; or if the conditional use involves only part of a PUD, only a
legal description for the subject portion is required;
b. Property identification number;
c. Section, township and range;
d. Subdivision, unit, lot and block, parcel, or metes and bounds description;
e. Address of subject site and general location ;
f. Size of property in feet and acres;
g. Property owner’s name; and
h. Verification being requested .
12. If the property owner owns additional property contiguous to the subject property, then
the following information, regarding the contiguous property, must be included:
a. Legal description;
b. Property identification number;
c. Section, township, and range; and
d. Subdivision, unit, lot and block, or metes and bounds description.
13. Zoning information, including:
Adjacent zoning and land use.
14. Conditional Use request detail, identifying current zoning district, type of use and present
use of property.
15. A description of previous land use applications on the subject property, including whether
a public hearing was held on the property or any abutting properties within the year
preceding the application, and the nature of that hearing.
16. Conceptual site development plans at an appropriate scale showing the proposed
placement of structures on the property, provisions for ingress and egress, off -street
parking and off-street loading areas, refuse and service areas, and required yards, and
other open spaces. The conceptual site development plan does not replace the site
development plan (SDP) required by Chapter 4 of the Administrative Code.
17. Completed Statement of Utility Provisions.
18. Plans showing proposed locations for utilities.
19. Plans for screening and buffering the use with reference as to type, dimensions, and
character.
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20. Plans showing the proposed landscaping and provisions for trees protected by County
regulations.
21. Plans showing the proposed signs and lighting, including type, dimensions, and character.
22. Environmental Data Requirements. See LDC section 3.08.00 A.
23. Environmental Data Requirements for PUD Zoning and Conditional Uses See Chapter 7
A. of the Administrative Code.
24. Recent aerial photographs must be legible at the scale provided. The aerial shall identify
plant and/or wildlife habitats and their boundaries. The identification shall be consistent
with the Florida Department of Transportation Land Use Cover and Forms C lassification
System. Developments shall identify, protect, conserve, and appropriately use native
vegetative communities and wildlife habitat.
25. An Architectural Rendering of proposed structures, if applicable, See Chapter 4 A. of
the Administrative Code.
26. Traffic Impact Study See Chapter 7 B. of the Administrative Code.
27. If the property is located within an area of historical or archaeological probability, as
identified at the pre-app meeting, a historical and archaeological survey or waiver
application.
28. If the zoning district places additional requirements on the requested use, include
documentary evidence that those requirem ents are met.
29. Permits: All Federal, State, and local permits shall be submitted prior to construction and
before the pre-construction meeting. If approved by the County Manager or designee, an
applicant may submit Federal, State, and local agency perm its at the pre-construction
meeting.
30. Owner/agent affidavit as to the correctness of the application.
31. Electronic copies of all documents.
32. Affidavit of Authorization.
33. A narrative statement that describes t he determination request, the justification for the
use by a certified land use planner or a land use attorney and addresses the standards
within LDC section 10.02.06 K.2.
34. Additional materials may be requested by staff depending on the use and justification
provided.
Notice for Minor
Conditional Use
– Comparable
Use
Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
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Determination
petitions
1. NIM: The NIM shall be completed at least 15 days before the advertised public hearing.
The NIM shall be advertised, and a mailed written notice shall be 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 public hearing.
3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days
before the advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Description of the proposed land uses;
c. Application number and project name;
d. PUD name and ordinance number;
e. Proposed permitted use;
f. Description of location; and
g. 2 in. x 3 in. map of the project location.
4. Sign: Posted at least 15 days before the advertised Hearing Examiner hearing date.
See Chapter 8 E. of the Administrative Code for sign template. [Please note: If the Minor
Conditional Use petition is to be heard before the BZA, the notice procedures shall be the
same as the procedures for all other Conditional Use petitions listed below.]
Notice for all
other
Conditional Use
– Comparable
Use
Determination
petitions
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 first advertised public
hearing. The NIM shall be advertised and a mailed written notice shall be 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 public 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:
a. Date, time, and location of the hearing;
b. Description of the proposed land uses;
c. Application number and project name;
d. PUD name and ordinance number;
e. Proposed permitted use;
f. Description of location; and
g. 2 in. x 3 in. map of the project location.
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4. Sign: Posted at least 15 days before the advertised public hearing date. See Chapter 8
E. of the Administrative Code for sign template.
Public Hearing
for Minor
Conditional Use
– Comparable
Use
Determination
petitions
The Hearing Examiner or CCPC shall hold at least 1 advertised public hearing. If heard by CCPC,
1 BZA hearing. If the BZA is the final Decision Maker, the Minor Conditional Use petition shall
follow the same public hearing process as all other Conditiona l Use petitions. See Chapter 9
of the Administrative Code for the Office of the Hearing Examiner procedures.
Public Hearing
for all other
Conditional Use
– Comparable
Use
Determination
petitions
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
for Minor
Conditional Use
– Comparable
Use
Determination
petitions
The Hearing Examiner or BZA, applying the criteria in LDC Sections 10.02.06 K. and 10.08.00.
Decision Maker
for all other
Conditional Use
– Comparable
Use
Determination
petitions
The BZA, following a recommendation from both the EAC, if required, and the Planning
Commission, applying the criteria in LDC Sections 10.02.06 K. and 10.08.00.
Review Process The Zoning Division will review the application, identify whether additional materials are
needed, and prepare a Staff Report to the Hearing Examiner or CCPC/BZA.
Recording of
Developer
Commitments
Within 30 days of approval of the conditional use, the owner or developer at its expense shall
record in the Public Records of Collier County a Memorandum of Understanding of Developer
Commitments or Notice of Developer Commitments that contains the legal description of the
property that is the subject of the land use petition and contains each and every commitment
of the owner or developer specified in the conditional use. The Memorandum or Notice shall
be in form acceptable to the County and shall comply with the recording requirements of
Chapter 695, F.S. A recorded copy of the Memorandum or Notice shall be provided to the
assigned Principal Planner, Zoning Division, within 15 days of recording of said Memorandum
or Notice.
Updated Resolution 2022 -##
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L. Comparable Use Determination in PUDs (PUD -CUD)
Reference LDC sections 2.03.00 A, 10.02.06 K, LDC Public Notice section 10.03.06 O, LDC section
8.10.00 and F.S. §125.66.
Applicability A Comparable Use Determination may shall be used to make a determination that
determine if a new use is comparable, compatible, and consistent with the list of
identified permitted uses in a standard zoning district, overlay, or PUD ordinance. in a
PUD ordinance if such PUD contains the phrase, “any other use which is comparable in
nature with the foregoing uses and is consistent with the permitted uses and purpose
and intent statement of the district" or any similar phrase in its list of permitted uses.
See Chapter 3. C.4. for addition information regarding the Conditional Use - Comparable
Use Determination.
Pre-Application A pre-application meeting is not required.
Initiation The applicant files a “Comparable Use Determination Application” with the Zoning
Division.
See Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Property information, including:
• a. Site folio number;
• b. Site Address;
• c. Property owner’s name; and
• d. Verification being requested.
3. A narrative statement that describes t he determination request, the justification
for the use by a certified land use planner or a land use attorney and addresses the
standards within LDC section 10.02.06 K.2.
4. Additional materials may be requested by staff depending on the use and
justification provided.
5. PUD Ordinance and Development Commitment i-I nformation, if applicable.
6. Electronic copies of all documents.
7. Addressing checklist.
8. Affidavit of Authorization.
9. Property Ownership Disclosure Form.
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Completeness
and Processing
of Application
The 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., XXPL201200000) 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. Newspaper Advertisement: At least 15 days before the hearing in a newspaper of
general circulation. The legal advertisement shall include:
• a. Date, time, and location of the hearing;
• b. Application number and project name;
• c. PUD name and ordinance number;
• d. Proposed permitted use; and
• e. Description of location.
Public Hearing 1. The Hearing Examiner or the CCPC shall hold at least 1 advertised public hearing. If
heard by CCPC, 1 BZA hearing. See Chapter 9 of the Administrative Code for the
Office of the Hearing Examiner procedures.
Decision Maker The Hearing Examiner or the CCPC BZA.
If the PUD ordinance language identifies the CCPC or the Planning Director (or other
similar County staff) as the authority to determine a use is comparable, compatible, and
consistent, a Staff Report will be presented to the Hearing Examiner or the CCPC Decision
Maker for approval of the Comparable Use Determination .
Review Process The Zoning Division will review the application and identify whether additional
materials are needed. Staff will prepare a Staff Report to present to the Office of the
Hearing Examiner or CCPC/BZA the CCPC for a decision.
Appeal Appeal of a Comparable Use Determination shall be pursuant to Code of Laws and
Ordinances section 250-58
Updated Resolution 2020-203 2022-##
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