Ordinance 2023-10 ORDINANCE 2023 - 1 0
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2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as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 January 24, 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
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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.
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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
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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.
* * * * * * * * * * *
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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:
* * * * * * * * * * *
„) a statement identifyinrg the prices, or value-of other
�rcrcci i icier-ia r
from which the TDR credits were generated and that the
cre(31nless such owner retains ownership of # DR
credits after--they are severed, unless the-RF"n' ' no
redeemed and th nds from which th
TDR--credits were-generated are owned by the am
persons or entities or affiliated persons or entities; and
v+) 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.
* * * * * * * * * * *
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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 o4'day of - , 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL CLERK OF COLLIER COUNTY, FLORIDA
By: By:
.«.-.ram.....
, Deputy Clerk Rick LoCastro, Chairman
Attest ask)Chairmm %
sullatur�o&„
p(Ju
ved as to form and legality:
(dt-t-Ott
Heidi Ashton-Cicko
Managing Assistant CountyAttorneyThis ordinance filed with the
g gAcfetory of atWe2s, Office th
day of A ,
04-CM D-01077 (_/ / )
22-CPS-02267/56 and acknawiedgeme o tat
:f;r, "eds I day
$y tx;;;TaTeii, --_
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4
Itliz zi)
FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
January 31, 2023
Merline Forgue, BMR& VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Merline Forgue,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of the Collier County Ordinance No. 2023-10, which was filed in this office on January 30,
2023.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Program Administrator
Florida Administrative Code and Register
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270