Backup Documents 01/24/2023 Item #17AProposed 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
BCC January 24, 2023
LDCA-PL20200002482 17 A
RFMUD TDR
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'A 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: Michele Mosca, Planner III
Date: December 22, 2022
Petition No. (If none,give a brief description): PL20200002482
Petitioner: (Name&Address):
Michele Mosca
<NO STREET ADDRESS>
FL
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:
Date:
Division Administrator 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 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
Date Received Pr Date of Public Hearing I Date Advertised t/t/
174
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 2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO REMOVE THE $25,000 MINIMUM
VALUE OF THE TRANSFER OF DEVELOPMENT RIGHTS (TDR) BASE CREDIT IN THE RURAL
FRINGE MIXED USE DISTRICT; 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 2 ZONING
DISTRICTS AND USES INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; SECTION
FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX,EFFECTIVE DATE. [PL20200002482]
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
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
1 7 A 1
RICK LOCASTRO,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT& COMPTROLLER
By: Is/
Deputy Clerk(SEAL)
1 7 A
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 Y.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:Michele Mosca, Planner III
Date:December 22,2022
Petition No.(If none,give a brief description): PL20200002482
Petitioner:(Name&Address):
Michele Mosca
<NO STREET ADDRESS>
FL
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:
i /l� Date: 1Z r
Division Administrator 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 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
Date Received Date of Public Hearing Date Advertised
I 7 A
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 2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO REMOVE THE$25,000 MINIMUM
VALUE OF THE TRANSFER OF DEVELOPMENT RIGHTS (TDR) BASE CREDIT IN THE RURAL
FRINGE MIXED USE DISTRICT; 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 2 ZONING
DISTRICTS AND USES INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; SECTION
FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE. IPL20200002482I
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
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
1 7 A
RICK LOCASTRO,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT &COMPTROLLER
By: /s/
Deputy Clerk(SEAL)
1 ? A
DRAFT 12/14/22
ORDINANCE 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 REMOVE
THE $25,000 MINIMUM VALUE OF THE TRANSFER OF DEVELOPMENT
RIGHTS (TDR) BASE CREDIT IN THE RURAL FRINGE MIXED USE DISTRICT
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 2 ZONING DISTRICTS AND USES INCLUDING SECTION 2.03.07
OVERLAY ZONING DISTRICTS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
[PL20200002482]
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended the Collier County Land Development Code which had an effective date of October 18,
2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS,the Collier County Planning Commission, sitting as the land planning agency,
did hold an advertised public hearing on November 3, 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 , 2023, 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
Page 1 of 6
Words struck through are deleted,words underlined are added
17A
DRAFT 12/14/22
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 is
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County 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.
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.
Page 2 of 6
Words struck through are deleted,words underlined are added
I7A "1
DRAFT 12/14/22
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
governmental shall be consistent with the comprehensive plan if the land uses, densities or
intensities, capacity or size, timing, and other aspects of development are compatible with,
and further the objectives, policies, land uses, densities, or intensities in the comprehensive
plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991. The Land Development Code adopted in
Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary to preserve
and enhance the present advantages that exist in Collier County; to encourage the most
appropriate use of land, water and resources consistent with the public interest; to overcome
present handicaps; and to deal effectively with future problems that may result from the use
and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
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
Page 3 of 6
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17A1
DRAFT 12/14/22
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 2.03.07—OVERLAY ZONING DISTRICTS
* * * * * * * * * * *
D. Special Treatment Overlay (ST).
* * * * * * * * * * *
4. Transfer of Development Rights (TDR)
* * * * * * * * * * *
f. Procedures applicable to the severance and redemption of TDR credits and the
generation of TDR Bonus credits from RFMU sending lands.
* * * * * * * * * * *
ii. In order to facilitate the County's monitoring and regulation of the TDR
Program, the County shall serve as the central registry for all TDR
severances, transfers(sales) and redemptions, as well as maintain a public
listing of TDR credits available for sale along with a listing of purchasers
seeking TDR credits. No TDR credit generated from RFMU sending lands
may be utilized to increase density in any area unless the following
procedures are complied with in full.
* * * * * * * * * * *
Page 4 of 6
Words struc' h are deleted,words underlined are added
17 * vi
DRAFT 12/14/22
a) TDR credits shall not be used to increase density in either non-RFMU
Receiving Areas of RFMU receiving lands until severed from RFMU
sending lands. TDR credits shall be deemed to be severed from RFMU
sending lands at such time as a TDR credit Certificate is obtained from
the County. TDR credit Certificates shall be issued only by the County
and upon submission of the following:
* * * * * * * * * * *
v) a statement identifying the prices, or value of other
remuneration, paid to the owner of the RFMU sending lands
from which the TDR credits were generated and that the
value of any such remuneration is at least$25,000 per TDR
credit, unless such owner retains ownership of the TDR
creditss- after the�rrcy are-severed i ess the RFMI I or non_
RFMU receiving lands on which the TDR credits will be
redeemed and the RFMU sending lands from which the
TDR credits were generated arc owned by the same
persons or entities or affiliated persons or entities; and
vi) a statement attesting that the TDR credits are not being
severed from RFMU sending lands in violation of subsection
2.03.07 D.4.c.vi.b) of the Code.
vii) documented evidence that, if the property from which TDRs
are being severed is subject to a mortgage, lien, or any other
security interest; the mortgagee, lien holder, or holder of the
security interest has consented to the recordation of the
Limitation of Development Rights Agreement required for
TDR severance; transfer (sale) of TDR credit; and
redemption of TDR credit.
* * * * * * * * * * *
Page 5 of 6
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DRAFT 12/14/22
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.
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 Ashton-Cicko
Managing Assistant County Attorney
04-CMD-01077 (_/_/J
22-C PS-02267/
Page 6 of 6
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17A
Acct #323534
December 22, 2022
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: LDCA-PL20200002482 RFMUD TDR
Dear Legals:
Please advertise the above on Wednesday, January 4, 2023, and send the Affidavit
of Publication, to this office.
Thank you.
Sincerely,
Martha Vergara/Merline Forgue,
Deputy Clerks
P.O. #4500220085
I 7 A
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 2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO REMOVE THE $25,000 MINIMUM
VALUE OF THE TRANSFER OF DEVELOPMENT RIGHTS (TDR) BASE CREDIT IN THE RURAL
FRINGE MIXED USE DISTRICT; 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 2 ZONING
DISTRICTS AND USES INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; SECTION
FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX,EFFECTIVE DATE. [PL20200002482]
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
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
hA
CRYSTAL K.KINZEL,CLERK
By:Martha Vergara/Merline Forgue,
Deputy Clerks(SEAL)
I 7 A
Merline Forgue
From: YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov>
Sent: Friday, December 30, 2022 9:14 AM
To: Merline Forgue
Subject: RE:Ad Proof for Bcc Zoning Department GC10998632
Ok, thank you. We already approved it, so let's let it ride.
Andrew Youngblood, MBA
Management Analyst I
Zoning Division
Colt coHty
2800 N. Horseshoe Dr.
Naples, FL 34104
Direct Line - 239.252.1042
andrew.youngblood cr colliercountyfl.gov
From: Merline Forgue<merline.forgue@collierclerk.com>
Sent: Friday, December 30, 2022 8:31 AM
To:YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>
Subject: FW:Ad Proof for Bcc Zoning Department GC10998632
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.
Good morning,
This is the proof with the correct sizing.
Thank you,
BMR STAFF
From: Helmbrecht,Alex<ahelmbrech@localici.com>
Sent: Friday, December 30, 2022 8:23 AM
To: Merline Forgue<merline.forgue@collierclerk.com>
Subject: RE: Ad Proof for Bcc Zoning Department GC10998632
External Message: Please use caution when opening attachments,clicking links, or replying to this message.
Sorry about that—new proof is attached!
i
From: Merline Forgue<merline.forgue@collierclerk.com>
Sent: Friday, December 30, 2022 8:22 AM
To: Helmbrecht, Alex<ahelmbrech@localiq.com>
Subject: RE: Ad Proof for Bcc Zoning Department GC10998632
There isn't an attachment.
Thank you,
BMR STAFF
From: Helmbrecht, Alex<ahelmbrech@localiq.com>
Sent: Friday, December 30, 2022 8:19 AM
To: Merline Forgue<merline.forgue@collierclerk.com>
Subject: RE: Ad Proof for Bcc Zoning Department GCI0998632
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hi Merline,
Here is the 3x10 version for your review.
Thanks,
Alex Helmbrecht
Client Success Manager
SMB Classifieds Team
*LocaliQ NETWORKr
(888)263-7991
ahelmbrech@.localiq.com
LOCALiQ.com
From: Merline Forgue <merline.forgue@collierclerk.com>
Sent:Thursday, December 29, 2022 3:03 PM
To: Helmbrecht, Alex<ahelmbrech@localiq.com>
Subject: RE: Ad Proof for Bcc Zoning Department GC10998632
Ok, my apologies.This ad is to be in the main section, size 3x10. Can you send me a new quote for that?
Thank you,
BMR STAFF
From: Helmbrecht, Alex<ahelmbrech@localiq.com>
Sent:Thursday, December 29, 2022 3:01 PM
To: Merline Forgue<merline.forgue@collierclerk.com>
Subject: RE: Ad Proof for Bcc Zoning Department GCI0998632
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
2
1 7 A
Merline Forgue
From: Helmbrecht, Alex <ahelmbrech@localiq.com>
Sent: Thursday, December 29, 2022 3:06 PM
To: Merline Forgue
Subject: RE: Ad Proof for Bcc Zoning Department GC10998632
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
OK-$1,008.00 for the 3x10 in the MAIN section.Will have a new proof to review tomorrow.
Alex Helmbrecht
Client Success Manager
SMB Classifieds Team
LocaliQ I •USA NETWORKY
(888)263-7991
ahelmbrech@localiq.com
LOCALiQ.corn
From: Merline Forgue<merline.forgue@collierclerk.com>
Sent:Thursday, December 29, 2022 3:03 PM
To: Helmbrecht, Alex<ahelmbrech@localiq.com>
Subject: RE: Ad Proof for Bcc Zoning Department GCI0998632
Ok, my apologies.This ad is to be in the main section, size 3x10. Can you send me a new quote for that?
Thank you,
BMR STAFF
From: Helmbrecht,Alex<ahelmbrech@localiq.com>
Sent:Thursday, December 29, 2022 3:01 PM
To: Merline Forgue<merline.forgue@collierclerk.com>
Subject: RE:Ad Proof for Bcc Zoning Department GCI0998632
External Message: Please use caution when opening attachments,clicking links, or replying to this message.
Martha's initial ad request was for the classifieds section, which is where we have this booked for.
Pricing for the Main section and Classifieds section is the same for display ads.
Current ad proof is a 3 x 6.
Thanks,
Alex Helmbrecht
Client Success Manager
SMB Classifieds Team
*LocaliQ I •USA NETWORKY
1
1 ? A
Merline Forgue
From: Helmbrecht, Alex <ahelmbrech@localiq.com>
Sent: Thursday, December 29, 2022 2:34 PM
To: Minutes and Records
Subject: Ad Proof for Bcc Zoning Department GC10998632
Attachments: BCC ND-GC10998632-01.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Good afternoon,
The attached display ad is set to run in the Naples Daily News on January 4 for a total cost of$604.80.
Please let me know if you'd like any updates to your ad or if this is approved to run as-is.
Our final deadline is TUESDAY 1/3 at 2pm EST. Ad will run as shown if changes are not received.
Thanks,
Alex Helmbrecht
Client Success Manager
SMB Classifieds Team
LocaliQ I •USA NETWORKY
(888)263-7991
ahelmbrech(a�localiq.com
LOCALiQ.com
1
L7A
Merline Forgue
From: Merline Forgue
Sent: Tuesday, December 27, 2022 8:42 AM
To: 'YoungbloodAndrew'; RodriguezWanda; BradleyNancy;JohnsonEric; MoscaMichele
Cc: Minutes and Records
Subject: FW: 5535654 LDCA-PL20200002482 RFMUD TDR (BCC 1/24/23)
Attachments: 1.pdf
Importance: High
Ad proof is ready!
Thank you,
BMR STAFF
From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>
Sent:Thursday, December 22, 2022 9:50 PM
To: Minutes and Records<MinutesandRecords@collierclerk.com>
Subject: RE: 5535654 LDCA-PL20200002482 RFMUD TDR (BCC 1/24/23)
Importance: High
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hello,
Your notice is scheduled to publish Jan 4 in the Naples News. The total cost of your ad is $623.00,
which includes a publisher affidavit that will be mailed to you after the last date of publication.
Please review your proof carefully and advise of any corrections needed-APPROVAL IS
NOT REQUIRED-YOUR ACCT IS INVOICEABLE.
Thank you,
Erin Oettinger
Team Lead-Public Notices
Loca I i Q I NUSA ETWORK"
Office: 844-254-5287
From: Martha S. Vergara <Martha.Vergara@collierclerk.com>On Behalf Of Minutes and Records
Sent:Thursday, December 22, 2022 4:07 PM
To: NDN-Legals<legals@naplesnews.com>
Subject: 5535654 LDCA-PL20200002482 RFMUD TDR (BCC 1/24/23)
Hello,
i
1 7 A
Merline Forgue
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent: Thursday, December 22, 2022 9:50 PM
To: Minutes and Records
Subject: RE: 5535654 LDCA-PL20200002482 RFMUD TDR (BCC 1/24/23)
Attachments: 1.pdf
Importance: High
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hello,
Your notice is scheduled to publish Jan 4 in the Naples News. The total cost of your ad is $623.00,
which includes a publisher affidavit that will be mailed to you after the last date of publication.
Please review your proof carefully and advise of any corrections needed-APPROVAL IS
NOT REQUIRED-YOUR ACCT IS INVOICEABLE.
Thank you,
Erin Oettinger
Team Lead-Public Notices
Loca l i Q I •USA NETWORK
Y
Office: 844-254-5287
From: Martha S. Vergara <Martha.Vergara@collierclerk.com>On Behalf Of Minutes and Records
Sent:Thursday, December 22, 2022 4:07 PM
To: NDN-Legals<legals@naplesnews.com>
Subject: 5535654 LDCA-PL20200002482 RFMUD TDR (BCC 1/24/23)
Hello,
Please advertise the following attached on Wednesday, January 4, 2023.
Place in that portion of the newspaper where classified advertisements appear.
Please forward an ok when received, if you have any questions feel free to call.
Thanks,
1
I7A •
NapF es Battu ::Nrius
PART OF THE USA TODAY NETWORK
Published Daily
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, Honda,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
"rotary, ate of , ou y of wn
My commissio e fires: 5.Jo as
PUBLICATION COST:$1,008.00
AD NO:GCI0998632
CUSTOMER NO:505868 NANCY HEYRMAN
PO#: LDCAPL20200002482 RFMUD TDR Notary Public
AD SIZE: DISPLAY AD 3X10 State of Wisconsin
1 ] A 41
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.urr January 24,2023,in II le Board of Cuuwrly
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 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, TO REMOVE THE $25,000 MINIMUM VALUE OF THE
TRANSFER OF DEVELOPMENT RIGHTS(TDR)BASE CREDIT IN THE RURAL FRINGE
MIXED USE DISTRICT; 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 2 ZONING DISTRICTS AND USES INCLUDING SECTION 2.03.07 OVERLAY
ZONING DISTRICTS;SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION
SIX,EFFECTIVE DATE.[PL20200002482]
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 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) �,, ,