Backup Documents 01/24/2023 Item # 9B BCC January 24, 2023 9 B
PL20220000207 Comparable Use
Determination-2nd hearing
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To:Clerk to the Board: Please place the following as a:
x Normal legal Advertisement Other:
(Display Ad: The advertisement must be a v.page(3x10)advertisement.The advertisement MUST NOT BE placed in that
portion of the newspaper where classified advertisements appear.)
Originating Dept/Div: GMD/Zoning. Person: Eric Johnson, Planning Manager
Date:December 22,2022
Petition No.(If none,give a brief description): PL20220000207
Petitioner:(Name&Address):
Sean Kingston
2800 North Horseshoe Drive
Naples, FL 34104
Name&Address of any person(s)to be notified by the Clerk's office:
(if more space is needed,attach separate sheet)
Hearing before: X BCC BZA Other
Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,January 24,2023,
(Based on advertisement appearing 20 days before hearing.)
Newspaper(s)to be used:(Complete only if important):
xxx Naples Daily News Account#323534 Other Legally Required
Purchase Order No.4500220085
Proposed text:(include legal description&common locations&size): Legal Section Non-Legal Section
Companion petition(s),if any&proposed hearing date:
Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs:
131-138326-649100-00000
Reviewed By:rii, ?� Date: /Z'//////
�tZ/2.7
Division inistrator or Designee
List Attachments:
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before
submitting to the County Manager.Note:if legal documents are involved,be sure that any necessary legal review,or request
for same,is submitted to the County Attorney before submitting to the County Manager.The County Manager's office will
distribute copies:
County Manager agenda file:to Requesting Division Original
B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file.
•
FOR CLERK'S OFFICE-L
Date Received /� a Date of Public Hearing l ��� Date Advertised 1
98
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
(BCC)at 9:00 A.M. on January 24,2023, in the Board of County Commissioners meeting room,third floor,Collier
Government Center,3299 East Tamiami Trail,Naples,FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,TO REQUIRE CONDITIONAL USE OR
MINOR CONDITIONAL USE APPROVAL IN ADDITION TO A COMPARABLE USE DETERMINATION
IN ANY ZONING DISTRICT THAT EXPRESSLY PROVIDES FOR A COMPARABLE USE
DETERMINATION AND FOR PLANNED UNIT DEVELOPMENT ZONING DISTRICTS THAT DO NOT
LIST COMPARABLE USES AS A PERMITTED USE; 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 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]
(insert map)
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation
of the agenda item to be addressed. Individual speakers will be limited to three(3)minutes on any item.The selection
of any individual to speak on behalf of an organization or group is encouraged. if recognized by the Chairman, a
spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a
minimum of three (3) weeks prior to the respective public hearing. In any case, written materials intended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7) days prior to the
public hearing.All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting, or any deadline specified within the
public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.
The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey
Willig at(239)252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are
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entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management
Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
RICK LOCASTRO,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT&COMPTROLLER
By: /s/
Deputy Clerk(SEAL)
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ORDINANCE NO. 2023—
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, TO REQUIRE CONDITIONAL USE OR MINOR
CONDITIONAL USE APPROVAL IN ADDITION TO A
COMPARABLE USE DETERMINATION IN ANY ZONING
DISTRICT THAT EXPRESSLY PROVIDES FOR A COMPARABLE
USE DETERMINATION AND FOR PLANNED UNIT
DEVELOPMENT ZONING DISTRICTS THAT DO NOT LIST
COMPARABLE USES AS A PERMITTED USE; 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; 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]
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners ("Board") on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
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WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold an advertised public hearing on August 18, 2022, and reviewed the proposed
amendments for consistency with the Comprehensive Plan and did recommend approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on , and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act(F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community i
Planning Act (hereinafter the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular
§ 163.3202(1), F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
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area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or"GMP") as its comprehensive
plan pursuant to the requirements of§ 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan or element shall be consistent
with such comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
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the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
* * *
* * * * * * * * * *
SUBSECTION 3.A. AMENDMENTS TO SECTION 2.03.00 ZONING DISTRICTS;
PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES
Section 2.03.00, Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, And Conditional Uses
In order to carry out and implement the Collier County GMP and the purposes of this LDC, the
following zoning districts, district purposes, and applicable symbols are hereby established:
1. Rules for Interpretation of Uses. In all Planned Unit Development zoning districts and
any zoning district, where the list of permitted uses 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
which provides for a use which is not clearly defined or described in the list of permitted
uses, which requires the discretion of the County Manager or designee as to whether
or not it is permitted at a site specific location in the district, then the determination of
whether or not that use is permitted in the district shall be made through the process
outlined in LDC section 10.02.06.K.
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* * * * * * * * * * * * *
SUBSECTION 3.B. AMENDMENTS TO SECTION 10.02.06 REQUIREMENTS FOR
PERMITS
Section 10.02.06, Requirements for Permits, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
10.02.06 Requirements for Permits
* * * * * * * * * * * * *
K. Comparable Use Determination.
1. The following Comparable Use Determination (CUD) shall be used to determine
whether a use is comparable in nature with the list of permitted uses and the
purpose and intent statement of the zoning district, overlay, or PUD.
2. To be effective, the Comparable Use Determination shall be approved by the
Hearing Examiner by decision, or Board of Zoning Appeals by resolution after
CCPC recommendation to the BZA, at an advertised public hearing based on the
following standards, as applicable:
a. The proposed use possesses similar characteristics to other permitted uses
in the zoning district, overlay, or PUD, including but not limited to the
following:
Operating hours;
ii. Traffic volume generated/attracted;
iii. Type of vehicles associated with the use;
iv. Number and type of required parking spaces; and
v. Business practices and activities.
b. The effect of the proposed use would have on neighboring properties in
relation to the noise, glare, or odor effects shall be no greater than that of
other permitted uses in the zoning district, overlay, or PUD.
c. The proposed use is consistent with the GMP, meaning the applicable
future land use designation does not specifically prohibit the proposed
use, and, where the future land use designation contains a specific list of
allowable uses, the proposed use is not omitted.
d. The proposed use shall be compatible and consistent with the other
permitted uses in the zoning district, overlay, or PUD.
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e. Any additional relevant information as may be required by County
Manager or Designee.
3. The Administrative Code shall establish the process and application submittal
requirements to obtain a Comparable Use Determination.
4. Except for properties located in a PUD, each petition for CUD shall also require
minor conditional use approval or conditional use approval in accordance with
the procedures set forth in LDC section 10.08.00. For properties located in a
PUD where the PUD does not contain the phrase, "any other use which is
comparable in nature with the foreaoinq uses and is consistent with the permitted
uses and purpose and intent statement of the district" or any similar phrase that
provides for a use that is not clearly defined or described in the list of permitted
uses, which requires discretion as to whether or not it is permitted in the district,
then each petition for CUD shall also require minor conditional use or conditional
use approval in accordance with the procedures set forth in LDC section
10.08.00.
SUBSECTION 3.C. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND
REQUIRED HEARINGS FOR LAND USE PETITIONS
Section 10.03.06, Public Notice and Required Hearings for Land Use Petitions, of Ordinance
04-41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.03.06 Public Notice and Required Hearings for Land Use Petitions
This section shall establish the requirements for public hearings and public notices. This
section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the
Administrative Code, which further establishes the public notice procedures for land use
petitions.
* * * * * * * * * * * * *
B. Ordinance or resolution for a rezoning, a PUD amendment, of a conditional use, or a
conditional use-comparable use determination. For minor conditional use and minor
conditional use-comparable use determination notice requirements see 10.03.06 C, below
and for County initiated rezonings, see 10.03.06 K.:
1. The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC or BZA hearing.
2. The following notice procedures are required:
a. A NIM. See LDC section 10.03.05 A.
b. Mailed Notice prior to the first advertised public hearing.
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c. Newspaper Advertisement prior to each advertised public hearing in accordance with
F.S. § 125.66.
d. Posting of a sign prior to the first advertised public hearing.
C. Minor conditional use and minor conditional use-comparable use determination.
1. The following advertised public hearings are required:
a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, then pursuant
to 10.03.06 B.
2. The following notice procedures are required:
a. A NIM. See LDC section 10.03.05 A.
b. Mailed Notice prior to the advertised public hearing.
c. Newspaper Advertisement prior to the advertised public hearing.
d. Posting of a sign prior to the advertised public hearing.
* * * * * * * * * * * * *
O. Approval of a Comparable Use Determination in PUDs pursuant to LDC section
10.02.06 K.
1. The following advertised public hearings are required:
a. One CCPC or Hearing Examiner hearing.
b. If heard by the Planning Commission, one BZA hearing.
2. The following notice procedures are required:
a. Newspaper Advertisement prior to the advertised public hearing in accordance with
F.S. § 125.66.
* * * *
* * * * * * *
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
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SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Rick LoCastro, Chairman
Approved as to form and legality:
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
04-C M D-01077/_(_I_/__)
22-LDS-00160/
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ORDINANCE NO. 22—
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]
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners ("Board") on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
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WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold an advertised public hearing on , and reviewed the
proposed amendments for consistency with the Comprehensive Plan and did recommend
approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on , and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (hereinafter the "Act"), is required to prepare and adopt a comprehensive plan.
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2. After adoption of the Comprehensive Plan, the Act and in particular
§ 163.3202(1), F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of§ 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan or element shall be consistent
with such comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
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10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
* * * * * * * * * * * * *
SUBSECTION 3.A. AMENDMENTS TO SECTION 2.03.00 ZONING DISTRICTS;
PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES
Section 2.03.00, Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, And Conditional Uses
In order to carry out and implement the Collier County GMP and the purposes of this LDC, the
following zoning districts, district purposes, and applicable symbols are hereby established:
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Rules for Interpretation of Uses. In any zoning district, horn +he + „+ permitted _ses
r
n
district" or any similar phrase which provides for a use which is not clearly defined or
• Aistrict, then the
determination of whether or not that use is permitted in the district shall be made
it may be determined through
the process outlined in LDC section 10.02.06 K. that a use not listed or clearly defined
in the list of permitted uses of a zoning district is comparable in nature to a use that is a
permitted use in that respective zoning district.
SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING
DISTRICTS
Section 2.03.03, Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.03 Commercial Zoning Districts
A. Commercial Professional and General Office District (C-1). The purpose and intent of
the commercial professional and general office district C-1 is to allow a concentration of
office type buildings and land uses that are most compatible with, and located near,
residential areas. Most C-1 commercial, professional, and general office districts are
contiguous to, or when within a PUD, will be placed in close proximity to residential
areas, and, therefore, serve as a transitional zoning district between residential areas
and higher intensity commercial zoning districts. The types of office uses permitted are
those that do not have high traffic volumes throughout the day, which extend into the
evening hours. They will have morning and evening short-term peak conditions. The
market support for these office uses should be those with a localized basis of market
support as opposed to office functions requiring inter-jurisdictional and regional market
support. Because office functions have significant employment characteristics, which are
compounded when aggregations occur, certain personal service uses shall be permitted,
to provide a convenience to office-based employment. Such convenience commercial
uses shall be made an integral part of an office building as opposed to the singular use
of a building. Housing may also be a component of this district as provided for through
conditional use approval.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the C-1 commercial
professional and general office district.
1. Permitted uses.
* * * * * * * * * * * * *
41. Any other commercial use or professional service which is
that
exclusively serves the administrative as opposed to the
operational functions of a business and afe is associated purely
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with activities conducted in an office, as determined by the
Hearing Examiner nr ( CPC pu suant to I DC section 10.02.06 K.
pursuant
* * * * * * * * * * * * *
B. Commercial Convenience District (C-2). The purpose and intent of the commercial
convenience district (C-2) is to provide lands where commercial establishments may be
located to provide the small-scale shopping and personal needs of the surrounding
residential land uses within convenient travel distance except to the extent that office
uses carried forward from the C-1 district will expand the traditional neighborhood size.
However, the intent of this district is that retail and service uses be of a nature that can
be economically supported by the immediate residential environs. Therefore, the uses
should allow for goods and services that households require on a daily basis, as
opposed to those goods and services that households seek for the most favorable
economic price and, therefore, require much larger trade areas. It is intended that the C-
2 district implements the Collier County GMP within those areas designated
agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan;
the neighborhood center district of the lmmokalee Master Plan; and the urban mixed use
district of the future land use element permitted in accordance with the locational criteria
for commercial and the goals, objectives, and policies as identified in the future land use
element of the Collier County GMP. The maximum density permissible in the C-2 district
and the urban mixed use land use designation shall be guided, in part, by the density
rating system contained in the future land use element of the Collier County GMP. The
maximum density permissible or permitted in a district shall not exceed the density
permissible under the density rating system.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the C-2
commercial convenience district.
1. Permitted uses.
* * * * * * * * * * * * *
73. Any other commercial use or professional services which is
that
exclusively serves the administrative as opposed to the
operational functions of a business and afe is associated purely
with activities conducted in an office.
71. Any other commercial convenience use which is comparable in
nature with the list of permitted uses and consistent with the
7-5,74. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014
may be occupied by any C-2 permitted use with a 1,800 sq. ft. or
greater limitation.
* * * * * * * * * * * * *
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C. Commercial Intermediate District (C-3). The purpose and intent of the commercial
intermediate district (C-3) is to provide for a wider variety of goods and services intended
for areas expected to receive a higher degree of automobile traffic. The type and variety
of goods and services are those that provide an opportunity for comparison shopping,
have a trade area consisting of several neighborhoods, and are preferably located at the
intersection of two-arterial level streets. Most activity centers meet this standard. This
district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning
districts typically aggregated in planned shopping centers. This district is not intended to
permit wholesaling type of uses, or land uses that have associated with them the need
for outdoor storage of equipment and merchandise. A mixed-use project containing a
residential component is permitted in this district subject to the criteria established
herein. The C-3 district is permitted in accordance with the locational criteria for
commercial and the goals, objectives, and policies as identified in the future land use
element of the Collier County GMP. The maximum density permissible in the C-3 district
and the urban mixed use land use designation shall be guided, in part, by the density
rating system contained in the future land use element of the Collier County GMP. The
maximum density permissible or permitted in the C-3 district shall not exceed the density
permissible under the density rating system.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the commercial
intermediate district (C-3).
a. Permitted uses.
* * * * * * * * * * * * *
93. Any use which was permissible under the prior General Retail
Commercial (GRC) zoning district, as identified by Zoning
Ordinance adopted October 8, 1974, and which was lawfully
existing prior to the adoption of this Code.
* * * * * * * * * * * * *
95. Any other commercial use or professional services which is
that
exclusively serves the administrative as opposed to the
operational functions of a business and are is associated purely
with activities conducted in an office.
96. Any other intermediate commercial use which is comparable in
nature with the list of permittcd uses and consistent with the
purpose and intent statement of the district, as dctcrmincd by the
Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K.
96. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014
may be occupied by any C-3 permitted use with a 5,000 sq. ft. or
greater limitation.
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* * * * * * * * * * * * *
D. General Commercial District (C-4). The general commercial district (C-4) is intended to
provide for those types of land uses that attract large segments of the population at the
same time by virtue of scale, coupled with the type of activity. The purpose and intent of
the C-4 district is to provide the opportunity for the most diverse types of commercial
activities delivering goods and services, including entertainment and recreational
attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses
permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The
outside storage of merchandise and equipment is prohibited, except to the extent that it
is associated with the commercial activity conducted on-site such as, but not limited to,
automobile sales, marine vessels, and the renting and leasing of equipment. Activity
centers are suitable locations for the uses permitted by the C-4 district because most
activity centers are located at the intersection of arterial roads. Therefore the uses in the
C-4 district can most be sustained by the transportation network of major roads. The C-4
district is permitted in accordance with the locational criteria for uses and the goals,
objectives, and policies as identified in the future land use element of the Collier County
GMP. The maximum density permissible or permitted in a district shall not exceed the
density permissible under the density rating system.
1. The following uses, as defined with a number from the Standard Industrial Classification
Manual (1987), or as otherwise provided for within this section are permissible by right,
or as accessory or conditional uses within the general commercial district (C-4).
a. Permitted uses.
* * * * * * * * * * * * *
141. Any other commercial use or professional services �•r hems
that
exclusively serves the administrative as opposed to the
operational functions of a business and afe is purely associated
with activities conducted in an office.
142. Any other general commercial use which is comparable in nature
inten# statement of the_uistrict, as el rmined by the H
t ��c ' '••`^"".7
Examiner or CCPC, pursuant to LDC section 10.02.06 K.
* * * * * * * * * * * * *
E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning
district, the heavy commercial district (C-5) allows a range of more intensive commercial
uses and services which are generally those uses that tend to utilize outdoor space in
the conduct of the business. The C-5 district permits heavy commercial services such as
full-service automotive repair, and establishments primarily engaged in construction and
specialized trade activities such as contractor offices, plumbing, heating and air
conditioning services, and similar uses that typically have a need to store construction
associated equipment and supplies within an enclosed structure or have showrooms
displaying the building material for which they specialize. Outdoor storage yards are
permitted with the requirement that such yards are completely enclosed or opaquely
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DRAFT 9/7/22
screened. The C-5 district is permitted in accordance with the locational criteria for uses
and the goals, objectives, and policies as identified in the future land use element of the
Collier County GMP.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the heavy
commercial district (C-5).
a. Permitted uses.
* * * * * * * * * * * * *
182. Any other commercial use or professional services which is
that
exclusively serves the administrative as opposed to the
operational functions of a business and ar-e is purely associated
with activities conducted in an office.
inter atement of the district, as i^,ed by the Hearing
* * * * * * * * * * * * *
SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING
DISTRICTS
Section 2.03.04, Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.04 Industrial Zoning Districts
* * * * * * * * * * * * *
B. Business Park District (BP). The purpose and intent of the business park district (BP) is
to provide a mix of industrial uses, corporate headquarters offices and
business/professional offices which complement each other and provide convenience
services for the employees within the district; and to attract businesses that create high
value added jobs. It is intended that the BP district be designed in an attractive park-like
environment, with low structural density and large landscaped areas for both the
functional use of buffering and enjoyment by the employees of the BP district. The BP
district is permitted by the urban mixed use, urban commercial, and urban-industrial
districts of the future land use element of the Collier County GMP.
1. The following uses, as identified within the latest edition of the Standard
Industrial Classification Manual, or as otherwise provided for within this section,
are permitted as of right, or as uses accessory to permitted primary or secondary
uses or are conditional uses within the business park district.
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a. Permitted primary uses. One hundred percent of the total business park
district acreage is allowed to be developed with the following uses:
* * * * * * * * * * * * *
permitted uses and consistent with the purpose and intent
statement f the district s dete„m nrnn. iac H aring Examiner
or CCPC, pursuant to LDC section 10.02.06 K.
* * * * * * * * * * * * *
SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.05 CIVIC AND INSTITUTIONAL
ZONING DISTRICTS
Section 2.03.05, Civic and Institutional Zoning Districts, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.03.05 Civic and Institutional Zoning Districts
A. Public Use District (P). The purpose and intent of public use district (P) is to
accommodate only local, state and federally owned or leased and operated government
facilities that provide essential public services. The P district is intended to facilitate the
coordination of urban services and land uses while minimizing the potential disruption of
the uses of nearby properties.
* * * * * * * * * * * * *
4. The following uses are permitted as of right, or as accessory or conditional uses,
in the public use district (P).
a. Permitted uses.
* * * * * * * * * * * * *
n h the li + of erm tted ses and consi ten+ ii+h +he
r
* * * * * * * * * * * * *
SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS
Section 2.03.07, Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.07 —Overlay Zoning Districts
* * * * * * * * * * * * *
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F. Golden Gate Parkway Overlay District (GGPOD).
* * * * * * * * * * * * *
5. Table of Uses.
* * * * * * * * * * * * *
b. Table 1.
Use Category Mixed Use Downtown
Activity Center
Center Commercial
Subdistrict Subdistrict
(GGPOD- (GGPOD-DT)1
AC)1
Residential Uses
1) Artist village. P P
2) Dwelling, Multi-Family, including townhouses. P P
3) Live-work units. P P
4) Any use listed as permitted in the underlying zoning. P P
5) Any use listed as a conditional use in the underlying zoning CU CU
district.
Commercial Uses2
1) Any use listed as permitted in the underlying zoning district. P P
2) Any use listed as a conditional use in the underlying zoning CU CU
district.
3) Any use listed as a permitted use in any of the C-1, C-2, or C- P P
3 zoning districts, without size limitations.
4) Any use listed as a conditional use in any of the C-1, C-2, or P CU4
C-3 zoning districts, without size limitations.
5) Any use listed as a permitted use in the C-4 or C-5 zoning P
districts.
6) Any use listed as a conditional use in the C-4 or C-5 zoning CU4
districts.
7) Hotels and motels (7011, 7021, and 7041). P P
Economic Development Uses2,3
1) Aircraft and parts (3721-3728). P
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2) Beverages (2082-2087). P
3) Communications equipment (3661-3669). P
4) Computer and office equipment (3571-3579). P
5) Construction, mining, and materials handling (3531, 3534- P
3537).
6) Dental laboratories (8072). P
7) Drugs (2833-2836). P
8) Electrical industrial apparatus (3621-3629). P
9) Electric lighting and wiring equipment (3641-3646, 3648). P
10) Electric transmission and distribution equipment (3612- P
3613).
11) Electronic components and accessories (3671-3679). P
12) Engines and turbines (3511-3519). P
13) Farm machinery and equipment (3523-3524). P
14) Furniture and fixtures, not elsewhere classified (2599). P
15) General industrial machinery and equipment (3561, 3563, P
3565-3569).
16) Household appliances, not elsewhere classified (3639). P
17) Household audio and video equipment, and audio (3651— P
3652).
18) Jewelers' findings and materials, and lapidary work (3915). P
19) Laboratory apparatus and analytical, optical, measuring, P
and controlling instruments (3821-3829).
20) Manufacturing industries, not elsewhere classified (3999). P
21) Metalworking machinery and equipment (3546 and 3548). P
22) Miscellaneous electrical machinery, equipment, and P
supplies (3691-3692, 3695-3699).
23) Miscellaneous industrial and commercial (3593-3599). P
24) Ophthalmic goods (3851). P
25) Photographic equipment and supplies (3861). P
26) Refrigeration and service industry machinery (3581-3582, P
3586-3589).
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27) Search, detection, navigation, guidance, aeronautical, and P
nautical systems and instruments (3812).
28) Special industry machinery, except metalworking (3552- P
3559).
29) Surgical, medical, and dental instruments and supplies P
(3841-3845).
30) Transportation equipment, not elsewhere classified (3799). P
31) Watches, clocks, clockwork operated devices, and parts P
(3873).
32) 4n other Economic Deve ploment use which is comparable P
i- - t re ith the li t of permitted i i ec contained herei d
as determined by the Hearing Examiner or Board of Zoning
Notes:
1 See LDC section 2.03.07 F.6. for specific prohibitions in the GGPOD.
2 See LDC section 4.02.26 B.14. for pollution control standards.
3 See LDC section 4.02.26 C. for design standards specific to Economic Development uses.
4 Vertical mixed use developments shall be permitted uses.
* * * * * * * * * * * * *
I. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the
properties adjacent to Bayshore Drive as identified by the designation "BZO" on the
applicable official Collier County Zoning Atlas Map or map series.
* * * * * * * * * * * * *
4. Bayshore Zoning Overlay District (BZO) Subdistricts.
* * * * * * * * * * * * *
b. Use Categories and Table of Uses.
* * * * * * * * * * * * *
ii. Interpretation of the Table of Uses.
* * * * * * * * * * * * *
b) Any use not listed in the Table of Uses is prohibited unless
r- esignee may dctcrmine that it
ffl,llsw+thin the came Ivlasss--a-csa listed use throe gh th
Interpretation otherwise approved by a comparable use
determination in accordance with section 10.02.06.K.
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c) Mixed Use Projects shall be limited to the permitted,
accessory and conditional uses allowed in the BZO-NC
and BZO-W subdistricts, and subject to the MUP approval
process as outlined in LDC section 10.02.15. All other
projects may elect to establish uses, densities and
intensities in accordance with their underlying zoning,
except as restricted in LDC section 2.03.07 l.4.b.iv., or in
accordance with the Overlay Subdistrict. However, all
projects must comply with site development standards as
provided in LDC section 4.02.16.
* * * * * * * * * * * * *
N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special
conditions for the properties in and adjacent to the Gateway Triangle as identified by the
designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map
series.
* * * * * * * * * * * * *
4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts.
* * * * * * * * * * * * *
b. Use Categories and Table of Uses.
* * * * * * * * * * * * *
ii. Interpretation of the Table of Uses.
a) Any uses not listed in the Table of Uses are is prohibited-
+► at itwithin th me Gl c a listed e t
Interpretation unless otherwise approved by a comparable
use determination in accordance with section 10.02.06.K.
b) The Table of Uses identifies uses as permitted uses (P);
accessory uses (A); conditional uses (CU), or a
combination of the three. Blank cells indicate that a use is
not allowed in the corresponding subdistrict; however, such
use may be permitted by the underlying zoning
designation.
c) Mixed Use Projects shall be limited to the permitted,
accessory and conditional uses allowed in the GTZO-MXD
subdistrict, and subject to the MUP approval process as
outlined in LDC section 10.02.15. All other projects may
elect to establish uses, densities and intensities in
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accordance with their underlying zoning or in accordance
with the Overlay Subdistrict. However, all projects must
comply with site development standards as provided in
LDC section 4.02.16.
SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.09 OPEN SPACE ZONING
DISTRICTS
Section 2.03.09, Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.09—Open Space Zoning Districts
A. Golf Course and Recreational Use District "GC". The purpose and intent of "GC" district
is to provide lands for golf courses, recreational uses, and normal accessory uses,
including certain uses of a commercial nature. Recreational uses should be compatible
in scale and manner with residential land uses. The GC district shall be in accordance
with the tUrban mMixed uUse dDistrict and the aAgricultural/cRural mMixed eUse
dDistrict of the fFuture Land eUse eElement of the Collier County GMP. All uses shall
be subject to design standards established in LDC section 5.05.15 H, and other
applicable LDC standards.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the GC district.
* * * * * * * * * * * * *
c. Conditional uses. The following uses are permissible as conditional uses
in the GC district, subject to the standards and provisions established in
LDC section 10.08.00.
* * * * * * * * * * * * *
* * * * * * * * * * * * *
SUBSECTION 3.G. AMENDMENTS TO SECTION 10.02.06 REQUIREMENTS FOR
PERMITS
Section 10.02.06, Requirements for Permits, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
10.02.06 Requirements for Permits
* * * * * * * * * * * * *
K. Comparable Use Determination.
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1. The following Comparable Use Determination (CUD) shall be used to determine
whether a use is comparable in nature with the list of permitted uses and the
purpose and intent statement of the zoning district, overlay, or PUD.
2. To be effective, the Comparable Use Determination shall be approved by the
Hearing Examiner by decision, or Board of Zoning Appeals by resolution after
CCPC recommendation to the BZA, at an advertised public hearing based on the
following standards, as applicable:
a. The proposed use possesses similar characteristics to other permitted uses
in the zoning district, overlay, or PUD, including but not limited to the
following:
Operating hours;
ii. Traffic volume generated/attracted;
iii. Type of vehicles associated with the use;
iv. Number and type of required parking spaces; and
v. Business practices and activities.
b. The effect of the proposed use would have on neighboring properties in
relation to the noise, glare, or odor effects shall be no greater than that of
other permitted uses in the zoning district, overlay, or PUD.
c. The proposed use is consistent with the GMP, meaning the applicable
future land use designation does not specifically prohibit the proposed
use, and, where the future land use designation contains a specific list of
allowable uses, the proposed use is not omitted.
d. The proposed use shall be compatible and consistent with the other
permitted uses in the zoning district, overlay, or PUD.
e. Any additional relevant information as may be required by County
Manager or Designee.
3. The Administrative Code shall establish the process and application submittal
requirements to obtain a Comparable Use Determination.
4. Except for properties located in a PUD, each petition for CUD shall also require
minor conditional use approval or conditional use approval in accordance with
the procedures set forth in LDC section 10.08.00. For properties located in a
PUD where the 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 that
provides for a use that is not clearly defined or described in the list of permitted
uses, which requires discretion as to whether or not it is permitted in the district,
then each petition for CUD shall also require minor conditional use or conditional
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use approval in accordance with the procedures set forth in LDC section
10.08.00.
SUBSECTION 3.H. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND
REQUIRED HEARINGS FOR LAND USE PETITIONS
Section 10.03.06, Public Notice and Required Hearings for Land Use Petitions, of Ordinance
04-41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.03.06 Public Notice and Required Hearings for Land Use Petitions
This section shall establish the requirements for public hearings and public notices. This
section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the
Administrative Code, which further establishes the public notice procedures for land use
petitions.
* * * * * * * * * * * * *
B. Ordinance or resolution for a rezoning, a PUD amendment, ar a conditional use, or a
conditional use-comparable use determination. For minor conditional use and minor
conditional use-comparable use determination notice requirements see 10.03.06 C, below
and for County initiated rezonings, see 10.03.06 K.:
1. The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC or BZA hearing.
2. The following notice procedures are required:
a. A NIM. See LDC section 10.03.05 A.
b. Mailed Notice prior to the first advertised public hearing.
c. Newspaper Advertisement prior to each advertised public hearing in accordance with
F.S. § 125.66.
d. Posting of a sign prior to the first advertised public hearing.
C. Minor conditional use and minor conditional use-comparable use determination.
1. The following advertised public hearings are required:
a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, then pursuant
to 10.03.06 B.
2. The following notice procedures are required:
a. A NIM. See LDC section 10.03.05 A.
b. Mailed Notice prior to the advertised public hearing.
c. Newspaper Advertisement prior to the advertised public hearing.
d. Posting of a sign prior to the advertised public hearing.
Page 17 of 19
Words€truck through are deleted, words underlined are added.
DRAFT 9/7/22 9 R w.
* * * * * * * * * * * * *
O. Approval of a Comparable Use Determination in PUDs pursuant to LDC section
10.02.06 K.
1. The following advertised public hearings are required:
a. One CCPC or Hearing Examiner hearing.
b. If heard by the Planning Commission, one BZA hearing.
2. The following notice procedures are required:
a. Newspaper Advertisement prior to the advertised public hearing in accordance with
F.S. § 125.66.
* * * * * * * * * * * * *
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
Page 18 of 19
Words struck through are deleted, words underlined are added.
DRAFT 9/7/22 9 B
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk William L. McDaniel, Jr., Chairman
Approved as to form and legality:
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
04-CM D-01077/_( /_/_)
22-LDS-00160/ 9/7/2022
Page 19 of 19
Words struck through are deleted, words underlined are added.
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NDN Acct #323534
December 22, 2022
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: PL20220000207 Comparable Use Determination-2nd Hearing (Display
w/MAP)
Dear Legals:
Please advertise the above referenced Notice w/Map (NOT to be placed in the
Classified Section of the paper) on Wednesday, January 4, 2023, and send the
Affidavit of Publication, together with charges involved, to this office.
Thank you.
Sincerely,
Martha Vergara/Merline Forgue,
Deputy Clerks
P.O. #4500220085
9g
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
(BCC)at 9:00 A.M.on January 24,2023,in the Board of County Commissioners Meeting Room,Third Floor,Collier
Government Center,3299 Tamiami Trail East,Naples,FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,TO REQUIRE CONDITIONAL USE OR
MINOR CONDITIONAL USE APPROVAL IN ADDITION TO A COMPARABLE USE DETERMINATION
IN ANY ZONING DISTRICT THAT EXPRESSLY PROVIDES FOR A COMPARABLE USE
DETERMINATION AND FOR PLANNED UNIT DEVELOPMENT ZONING DISTRICTS THAT DO NOT
LIST COMPARABLE USES AS A PERMITTED USE; 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 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]
(insert map)
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
NOTE:All persons wishing to speak on any agenda item must register with the County Manager prior to presentation
of the agenda item to be addressed. Individual speakers will be limited to three(3)minutes on any item. The selection
of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a
minimum of three (3) weeks prior to the respective public hearing. In any case, written materials intended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7) days prior to the
public hearing.All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting, or any deadline specified within the
public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk.
The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey
Willig at(239)252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are
entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management
9B
Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
RICK LOCASTRO,CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By:Martha Vergara/Merline Forgue,
Deputy Clerks(SEAL)
9B
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98
Merline Forgue
From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>
Sent: Thursday, December 29, 2022 2:15 PM
To: Merline Forgue
Subject: RE: Ad # ND-GC10998181-01 I Proof Review for Naples Daily News
Attachments: RE: Ad # ND-GC10998181-01 I Proof Review for Naples Daily News
The revised ad is approved.
Andrew Youngblood, MBA
Management Analyst I
Zoning Division
Cotes
County
2800 N. Horseshoe Dr.
Naples, FL 34104
Direct Line - 239.252.1042
andrew.youngblood(a�colliercountyfl.gov
From: Merline Forgue<merline.forgue@collierclerk.com>
Sent:Thursday, December 29, 2022 1:11 PM
To:YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>; GMDZoningDivisionAds
<GMDZoningDivisionAds@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>;
BradleyNancy<Nancy.Bradley@colliercountyfl.gov>;JohnsonEric<Eric.Johnson@colliercountyfl.gov>
Cc: Minutes and Records<MinutesandRecords@collierclerk.com>
Subject: FW: Ad # ND-GC10998181-01 I Proof Review for Naples Daily News
Importance: High
EXTERNAL EMAL. This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Here is the corrected ad proof.
Thank you!
BMR STAFF
From: Froimson, Marita <MFroimson@localiq.com>
Sent:Thursday, December 29, 2022 12:39 PM
To: Merline Forgue<merline.forgue@collierclerk.com>
Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>; Minutes and Records
<MinutesandRecords@collierclerk.com>
Subject: Re: Ad # ND-GC10998181-01 I Proof Review for Naples Daily News
Importance: High
1
9B
Merline Forgue
From: Froimson, Marita <MFroimson@localiq.com>
Sent: Thursday, December 29, 2022 12:39 PM
To: Merline Forgue
Cc: Gannett Legals Public Notices 4; Minutes and Records
Subject: Re:Ad # ND-GC10998181-01 I Proof Review for Naples Daily News
Attachments: ND-GC10998181-01 (1).pdf
Importance: High
Follow Up Flag: Follow up
Flag Status: Completed
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Here is the new proof. Please let me know if you'd like any updates to your ad or if this is approved for
publication.
Thank you,
Marita Froimson
Account Coordinator
SMB-Classifieds
* LocaliQ I NUSA ETWORK
Y
mfroimson(a�localib.com
Mobile: 508.315.3824
Seize your potential at LocaliQ.com
From: Froimson, Marita<MFroimson@localiq.com>
Sent:Thursday, December 29, 2022 11:44 AM
To: Merline Forgue <merline.forgue@collierclerk.com>
Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>; Minutes and Records
<MinutesandRecords@collierclerk.com>
Subject: Re: Ad # ND-GC10998181-01 I Proof Review for Naples Daily News
Perfect -thank you!
Marita Froimson
Account Coordinator
SM B-Classifieds
* LocaliQ I NUSA ETWORKY
1
9B
Merline Forgue
From: Merline Forgue
Sent: Thursday, December 29, 2022 11:07 AM
To: 'Froimson, Marita'
Cc: Gannett Legals Public Notices 4; Minutes and Records
Subject: RE: Ad # ND-GC10998181-01 I Proof Review for Naples Daily News I
Importance: High
'ICE OF INTENT TO CONSIDER
AN ORDINANCE After'Accessory Uses'please
I and5>F AND CONDITIONAL
'en that a public hearing will be held by the Collier County Board of County Commissioi
.M. on January 24, 2023, in the Board of County Commissiorrs Meeting Room. Third Floc
Center, 3299 Tamiami Trail East. Naples. FL to consider: /
OF THE BOARD OF COUNTY COMMISSIONERS 0 COLLIER COUNTY, FLORID,
DANCE NUMBER 04-41, AS AMENDED, THE COLLI COUNTY LAND DEVELOPMEF`
DLUDES THE COMPREHENSIVE LAND REGULAT NS FOR THE UNINCORPORATE
R COUNTY, FLORIDA, TO REQUIRE CONDITIONAL USE OR MINOR CONDITIONA
N ADDITION TO A COMPARABLE USE DETE P (NATION IN ANY ZONING DISTRIC
r PROVIDES FOR A COMPARABLE USE DE RMINATION AND FOR PLANNED UN
ONING DISTRICTS THAT DO NOT LIST Cs PARABLE USES AS A PERMITTED US
)R: SECTION ONE, RECITALS; SECTION ' 0, FINDINGS OF FACT; SECTION THRE
IENDMENTS TO THE LAND DEVELOPM 7 T CODE, MORE SPECIFICALLY AMENDIN
CHAPTER TWO ZONING DISTRICTS :+. D USES, INCLUDING SECTION 2.03.00 zor
'ERMITTED USES, ACCESSORY USES; AND CHAPTER TEN APPLICATION, REVIEI
IAKING PROCEDURES, INCLUDING SECTION 10.02.06 REQUIREMENTS FOR PEE
DN 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITION.
Please see the above correction.
Thank you again.
From: Froimson, Marita <MFroimson@localiq.com>
Sent:Thursday, December 29, 2022 10:50 AM
To: Merline Forgue<merline.forgue@collierclerk.com>
Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>; Minutes and Records
<MinutesandRecords@collierclerk.com>
Subject: Re: Ad # ND-GC10998181-01 I Proof Review for Naples Daily News I
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
No worries, thanks for the update.
1
9B
Merline Forgue
From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>
Sent: Thursday, December 29, 2022 10:58 AM
To: Merline Forgue
Subject: FW: Comparable Use/Proof Review for Naples Daily News
Attachments: proof.comparable use.p120220000207.ND-GC10998181-01 CHANGE.pdf
...and here you have it. 0
Andrew Youngblood, MBA
Management Analyst I
Zoning Division
Co ler County
2800 N. Horseshoe Dr.
Naples, FL 34104
Direct Line - 239.252.1042
andrew.youngblood(c�colliercountyfl.gov
From: BradleyNancy<Nancy.Bradley@colliercountyfl.gov>
Sent:Thursday, December 29, 2022 10:56 AM
To: Minutes and Records<MinutesandRecords@collierclerk.com>; GMDZoningDivisionAds
<GMDZoningDivisionAds@colliercountyfl.gov>
Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>
Subject: FW: Comparable Use/Proof Review for Naples Daily News
Hi Minutes 86 Records, can you please request NDN revise the proof as indicated in below and
attached, thanks.
Respectfully,
Nancy Bradley
Legal Assistant/Paralegal
Collier County Attorney's Office
2800 North Horseshoe Drive, Suite 301
Naples, FL 34104
Telephone: (239) 252-8549 (direct line)
From:Ashton Heidi<Heidi.Ashton@colliercountyfl.gov>
Sent:Thursday, December 29, 2022 10:53 AM
To: BradleyNancy<Nancy.Bradley@colliercountyfl.gov>
Cc: RodriguezWanda<Wanda.Rodriguez@colliercountyfl.gov>; CrotteauKathynell
<Kathynell.Crotteau@colliercountyfl.gov>
Subject: RE: Comparable Use/Proof Review for Naples Daily News
Nancy,
1
9B
Merline Forgue
From: Froimson, Marita <MFroimson@localiq.com>
Sent: Thursday, December 29, 2022 10:50 AM
To: Merline Forgue
Cc: Gannett Legals Public Notices 4; Minutes and Records
Subject: Re:Ad # ND-GC10998181-01 I Proof Review for Naples Daily News
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
No worries, thanks for the update.
Marita Froimson
Account Coordinator
SMB-Classifieds
* LocaliQ I NuSA ETWORK
Y
mfroimsonlocaliq.com
Mobile: 508.315.3824
Seize your potential at LocaliQ.com
From: Merline Forgue<merline.forgue@collierclerk.com>
Sent:Thursday, December 29, 2022 10:42 AM
To: Froimson, Marita <MFroimson@localiq.com>
Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>; Minutes and Records
<MinutesandRecords@collierclerk.com>
Subject: RE: Ad# ND-GC10998181-01 I Proof Review for Naples Daily News
I just received a email on this ad, they are checking some language that might be changed. I do apologize.
From: Froimson, Marita <MFroimson@localiq.com>
Sent:Thursday, December 29, 2022 10:35 AM
To: Merline Forgue <merline.forgue@collierclerk.com>
Cc:Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>; Minutes and Records
<MinutesandRecords@collierclerk.com>
Subject: Re: Ad # ND-GC10998181-01 I Proof Review for Naples Daily News
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Great-thanks for letting me know.
i
9g
Merline Forgue
From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>
Sent: Thursday, December 29, 2022 9:54 AM
To: Merline Forgue; GMDZoningDivisionAds; RodriguezWanda; BradleyNancy;JohnsonEric
Cc: Minutes and Records
Subject: RE:Ad # ND-GC10998181-01 I Proof Review for Naples Daily News
Attachments: RE:Ad # ND-GC10998181-01 I Proof Review for Naples Daily News
We have approval from the planner. As this is a County-initiated petition, there is no "applicant", per se.
Andrew Youngblood, MBA
Management Analyst I
Zoning Division
Cotter County
2800 N. Horseshoe Dr.
Naples, FL 34104
Direct Line - 239.252.1042
andrew.youngblood(a�colliercountyfl.gov
From: Merline Forgue <merline.forgue@collierclerk.com>
Sent:Thursday, December 29, 2022 8:36 AM
To:YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>; GMDZoningDivisionAds
<GMDZoningDivisionAds@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>;
BradleyNancy<Nancy.Bradley@colliercountyfl.gov>;JohnsonEric<Eric.Johnson@colliercountyfl.gov>
Cc: Minutes and Records<MinutesandRecords@collierclerk.com>
Subject: FW: Ad # ND-GC10998181-01 I Proof Review for Naples Daily News
Importance: High
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Ad proof is ready!
Thank you,
BMR STAFF
From: Froimson, Marita <MFroimson@localiq.com>
Sent:Thursday, December 29, 2022 8:15 AM
To: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Cc:Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>; Minutes and Records
<MinutesandRecords@collierclerk.com>
Subject:Ad# ND-GC10998181-01 I Proof Review for Naples Daily News
Importance: High
1
9B
Merline Forgue
From: Froimson, Marita <MFroimson@localiq.com>
Sent: Thursday, December 29, 2022 8:15 AM
To: Martha S. Vergara
Cc: Gannett Legals Public Notices 4; Minutes and Records
Subject: Ad # ND-GC10998181-01 I Proof Review for Naples Daily News
Attachments: ND-GC10998181-01.pdf
Importance: High
Follow Up Flag: Follow up
Flag Status: Completed
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Good morning Martha—
I work with the Legal Department for the Naples Daily News and will be here to assist you with your creative
needs for the attached legal notice. Please let me know if you'd like any updates to your ad or if this is
approved for publication. Our final deadline for creative approval is Dec. 30th at 3 pm.
Order Details:
PL20220000207
• P.O. Number = 4500220085
• Order Number = GCI0998181
• Ad Number= ND-GCI0998181-01
• Publication = Naples Daily News
• Section = Main
• Run Dates = 1/4/23
• Ad Size = 3x10
• Affidavit = 1
• Total Cost = $1,008.00
Thank you,
Marita Froimson
Account Coordinator
SMB-Classifieds
* LocaliQ I NUSA ETWORK
Y
mfroimson(c�localia.com
Mobile: 508.315.3824
1
98
°4 I Nruirs
PART OFTHE USA TODAY NETWORK
Pt hlishpri flaily
Naples, FL 34110
BCC ZONING DEPT
3299 TAMIAMI TRL E#700
NAPLES, FL 34112
ATTN
Affidavit of Publication
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned they serve as the authority,
personally appeared who on oath says that they serve
as legal clerk of the Naples Daily News, a daily
newspaper published at Naples,in Collier County,Florida;
distributed in Collier and Lee counties of Florida;that the
attached copy of the advertising was published in said
newspaper on dates listed. Affiant further says that the
said Naples Daily News is a newspaper published at
Naples, in said Collier County, Florida,and that the said
newspaper has heretofore been continuously published
in said Collier County, Florida;distributed in Collier and
Lee counties of Florida,each day and has been entered
as second class mail matter at the post office in Naples,
in said Collier County, Florida ,for a period of one year
next preceding the first publication of the attached copy
of advertisement and affiant further says that he has
neither paid nor promised any person, or corporation
any discount, rebate, commission or refund for the
purpose of securing this advertisement for publication in
the said newspaper.
1/4/2023
Subscribed and sworn to before on January 4th, 2023
otary, tate o I ounty of n
My commissi n Aires: (� / ;J
PUBLICATION COST: $1,008.00 NANCY H EYR MAN
AD NO:GCI0998181 Notary Public
CUSTOMER NO:505868 State of Wisconsin
PO#:PL20220000207
AD SIZE: DISPLAY AD W/MAP 3X10
9B
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER
AN ORDINANCE
Notice is hereby given that a public hearing will be hold by the Collior County Board of County Commiccion
era(BCC)at 9:00 A.M.on January 24,2023,in the Board of County Commissioners Meeting Room,Third Floor,
Collier Government Center,3299 Tamiami Trail East.Naples,FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41,AS AMENDED,TIIC COLLIER COUNTY LAND DEVELOPMENT
CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, TO REQUIRE CONDITIONAL USE OR MINOR CONDITIONAL
USE APPROVAL IN ADDITION TO A COMPARABLE USE DETERMINATION IN ANY ZONING DISTRICT
THAT EXPRESSLY PROVIDES FOR A COMPARABLE USE DETERMINATION AND FOR PLANNED UNIT
DEVELOPMENT ZONING DISTRICTS THAT DO NOT LIST COMPARABLE USES AS A PERMITTED USE;
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;AND CHAPTER TEN AP-
PLICATION,REVIEW,AND DECISION-MAKING PROCEDURES,INCLUDING SECTION 10.02.06 REQUIRE-
MENTS 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]
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A copy of the proposed Ordinance is on file with the Clerk to the Board and Is available for Inspection.All Inter
ested parties are invited to attend and be heard.
NOTE:All persons wishing to speak on any agenda item must register with the County Manager prior to presen-
tation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.
The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by
the Chairman,a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said
material a minimum of three(3)weeks prior to the respective public hearing.In any case,written materials in-
tended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)
days prior to the public hearing.All materials used in presentations before the Board will become a permanent
part of the record.
As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide
public comments remotely,as well as in person,during this proceeding.Individuals who would like to participate
remotely should register through the link provided within the specific event/meeting entry on the Calendar of
Events on the County website at www.collierce_untyfl.gov/Qur-county/visitors/calendar-of-eve after the agen-
da is posted on the County website.Registration should be done in advance of the public meeting,or any dead-
line specified within the public meeting notice.Individuals who register will receive an email in advance of the
public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a
courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information
about the meeting,please call Geoffrey Willig at(239)252-8369 or email to Geoffrey.Willig@colliercountyil,goy.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining
thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record
includes the testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,
you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County
Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)
252-8380,at least two(2)days prior to the meeting.Assisted listening devices for the hearing impaired are avail-
able in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
RICK LOCASTRO,CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By:Martha Vergara/Merline Forgue,
Deputy Clerks(SEAL) N13..1V-.181-01