Agenda 02/28/2023 Item #17A (Ordinance - Amending Ordinance 04-41 as amended the LDC Comparable Use Determinations )17.A
02/28/2023
EXECUTIVE SUMMARY
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, to provide that Comparable Use Determinations are site specific and
add criteria; 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]
OBJECTIVE: To obtain the Board of County Commissioners (Board) approval of a Land Development
Code (LDC) amendment revising and clarifying the procedures and approval process for Comparable Use
Determinations.
CONSIDERATIONS: The Comparable Use Determination (CUD) process is currently connected to the
list of permitted uses in the Commercial Zoning Districts (C-1 through C-5), Business Park (BP), Public
Use (P), Golden Gate Parkway Overlay District (GGPOD), and the Planned Unit Development District
(PUD) when such PUD contains specific provisions within its respective ordinance. The Bayshore
Zoning Overlay District (BZO) and the Gateway Triangle Zoning Overlay District (GTZO) also contain
provisions allowing the County Manager to make a final determination as to whether a particular use,
which is unlisted in the Table of Uses, is within the same class of uses as a listed use.
On October 12, 2021, the Board directed staff to bring back an LDC amendment emphasizing the need for
having the conditional use process applied to CUDs. It was the Board's concern that comparable uses
should be examined for comparability on a site -specific basis only and not applied uniformly to all areas
within the County sharing the same zoning district or to other zoning classifications having higher
intensities. As such, this LDC amendment and companion Administrative Code amendment shall clear
any confusion or the misapplication of the scope of a CUD, so that each request is restricted to a site -
specific location (e.g., lot, parcel, tract of land, etc.) and correct any unintended consequence of
expanding the CUD process beyond for which the Board intends.
When the LDC amendment was scheduled for the Collier County Planning Commission, it contained text
changes that were proposed in each of the aforementioned zoning districts. As such, the CCPC held a
nighttime hearing on August 18, 2022, to comply with LDC section 10.03.06 K. On October 11, 2022,
the Board voted to waive the nighttime hearing requirement and to instead, advertise the LDC amendment
at two regularly scheduled daytime hearings (November 8, 2022, and December 13, 2022, respectively).
However, due to internal concerns, the LDC amendment has since been revised, in part, by eliminating
the text changes that were proposed within each of the zoning districts. This change was made to ensure
that the CUD process was not inadvertently expanded to all zoning districts, which is beyond the scope of
the Board's direction to staff on October 12, 2021.
On January 24, 2023, the Board discussed the amendment and directed staff to eliminate the Conditional
Use component to it. The Board also wanted to make it clear that the approval of a CUD in one location
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does not mean that the use is entitled at a different location, even within the same zoning district. The
CUD should be site -specific and ensure compatibility with the neighborhood.
This LDC amendment requires a companion amendment to the Collier County Administrative Code for
Land Development. This resolution will be scheduled for Board consideration on February 28, 2023, to
coincide with the hearing of this proposed ordinance.
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard this petition at their August 18, 2022, meeting.
The CCPC voted unanimously to forward the subject petition to the Board with a recommendation of
approval.
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATIONS:
The DSAC recommended approval on May 4, 2022. The DSAC Land Development Review
Subcommittee recommended approval on March 9, 2022, with two caveats: that staff will look at all the
overlay districts and see if any others need to be changed in accordance with these measures and to clarify
the narrative's background section in terms of how the system of allowed comparable uses in zoning
districts is described. The narrative had been revised and all overlay zoning districts are included in the
amendment.
FISCAL IMPACT: The costs associated with processing and advertising the proposed LDC amendment
are estimated at $2,016.00. Funds have been allocated within Unincorporated Area General Fund (111),
Comprehensive Planning Cost Center (138317).
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires an
affirmative vote of four for Board approval. (HFAC)
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action. The current fee for a CUD application remains the same at $1,000 and $100 per hour as needed
upon completion of staff s review and research.
RECOMMENDATION: To approve the proposed Ordinance, amending the Land Development Code,
including the revised ordinance title, and direct staff as to any changes.
Prepared by: Eric Johnson, AICP, CFM, LDC Planning Manager
ATTACHMENT(S)
1. PL20220002027 - CUD Draft Ordinance (02-08-2023) (PDF)
2. PL20220000207 - CUD LDCA (02-08-2023) (PDF)
3. legal ad - agenda ID 24529 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: I TA
Doc ID: 24529
Item Summary: ***This item has been Continued from the December 13, 2022 and January 24, 2023 BCC
Meetings. *** 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, to
provide that Comparable Use Determinations are site specific and add criteria; 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. (This is a companion to
Item 16A10) [PL20220000207]
Meeting Date: 02/28/2023
Prepared by:
Title: Planner, Principal — Zoning
Name: Eric Johnson
01/27/2023 10:06 AM
Submitted by:
Title: Zoning Director — Zoning
Name: Mike Bosi
01/27/2023 10:06 AM
Approved By:
Review:
Zoning
Eric Johnson
Additional Reviewer
Skipped
01/27/2023 9:37 AM
Zoning
Mike Bosi
Division Director
Completed
01/27/2023 10:19 AM
Growth Management Department
Diane Lynch
Growth Management Department
Completed
01/30/2023 3:58 PM
Growth Management Department
James C French
Growth Management
Completed
02/06/2023 7:01 AM
County Attorney's Office
Heidi Ashton-Cicko Level 2 Attorney of Record Review
Completed
02/14/2023 3:55 PM
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Completed
02/15/2023 9:24 AM
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Completed
02/15/2023 4:11 PM
Office of Management and Budget
Laura Zautcke
Additional Reviewer
Completed
02/16/2023 9:30 AM
County Manager's Office
Ed Finn
CMO Completed
02/17/2023 6:17 PM
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Completed
02/22/2023 11:49 AM
Board of County Commissioners
Geoffrey Willig
Meeting Pending
02/28/2023 9:00 AM
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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 PROVIDE THAT COMPARABLE USE
DETERMINATIONS ARE SITE SPECIFIC AND ADD CRITERIA;
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
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 January 24, 2023 and , and did take action
concerning these amendments to the LDC; and
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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.
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
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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
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,
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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 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.
SUBSECTION 3.113. 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
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K. Comparable Use Determination.
The following Comparable Use Determination (CUD) shall be used to determine
whether a use at a site -specific location is comparable in nature with the list of
permitted uses and the purpose and intent statement of the zoning district,
overlay, or PUD. Approval of a CUD made at one location shall not be construed
to mean the use is entitled in a different location.
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. The proposed use shall be compatible with the surrounding
neighborhood.
f. 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.
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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.
O. Approval of a Comparable Use Determination 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
ATTEST:
CRYSTAL K. KINZEL, CLERK
By:
Deputy Clerk
Approved as to form and legality:
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
22-LDS-00160/213
2-8-2023
2023.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Rick LoCastro, Chairman
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Co per Couv4ty
Growth Management
Community Development Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION SUMMARY OF AMENDMENT
PL20220000207 This Land Development Code (LDC) amendment is intended to revise and
ORIGIN clarify the procedures and approval process for Comparable Use
Board of County Determinations.
Commissioners (Board)
HEARING DATES
LDC SECTIONS TO BE AMENDED
BCC 02/28/2023
10.02.06 Requirements for Permits
01/24/2023
10.03.06 Public Notice and Required Hearings for Land Use Petitions
12/13/2022
11 /08/2022
CCPC 08/18/2022
DSAC 05/04/2022
DSAC-LDR 03/09/2022
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
Approval with recommendations Approval Approval
BACKGROUND: The Comparable Use Determination (CUD) process is currently connected to the
list of permitted uses in the Commercial Zoning Districts (C-1 through C-5), Business Park (BP), Public
Use (P), Golden Gate Parkway Overlay District (GGPOD), and the Planned Unit Development district
(PUD), when such PUD contains specific provisions within its respective ordinance. The Bayshore
Zoning Overlay District (BZO) and the Gateway Triangle Zoning Overlay District (GTZO) also contain
provisions allowing the County Manager to make a final determination as to whether a particular use,
which is unlisted in the Table of Uses, is within the same class of uses as a listed use.
On October 12, 2021, the Board directed staff to bring back an LDC amendment emphasizing the need
for having the conditional use process be applied to Comparable Use Determinations ("CUDs"). It was
the Board's concern that comparable uses should be examined for comparability on a site -specific basis
only and not applied uniformly to all areas within the County sharing the same zoning district or to other
zoning classifications having higher intensities. As such, this LDC amendment and companion
Administrative Code amendment shall clear any confusion or the misapplication of the scope of a CUD,
so that each request is restricted to a site -specific location (e.g., lot, parcel, tract of land, etc.) and correct
any unintended consequence of expanding the CUD process beyond for which the Board intends.
When the LDC amendment was scheduled for the Collier County Planning Commission (CCPC), it
contained text changes that were proposed in each of the aforementioned zoning districts. As such, the
CCPC held a nighttime hearing on August 18, 2022, to comply with LDC section 10.03.06 K. On
October 11, 2022, the Board voted to waive the nighttime hearing requirement and to instead, advertise
the LDC amendment at two regularly scheduled daytime hearings (November 8, 2022, and December
13, 2022, respectively). However, due to internal concerns, the LDC amendment has since been revised,
in part, by eliminating the text changes that were proposed within each of the zoning districts. This
change was made to ensure that the CUD process is not inadvertently expanded to all zoning districts,
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Co per Couv4ty
Growth Management
Community Development Department
which is beyond the scope of the Board's direction to staff on October 12, 2021.
On January 24, 2023, the Board discussed the amendment and directed staff to eliminate the Conditional
Use component to it. The Board also wanted to make it clear that the approval of a CUD in one location
does not mean that the use is entitled at a different location, even within the same zoning district. The
CUD should be site -specific and ensure compatibility with the neighborhood.
This LDC amendment requires a companion amendment to the Collier County Administrative Code for
Land Development. This resolution will be scheduled for Board consideration on February 28, 2023, to
coincide with the hearing of this proposed ordinance.
Collier County Planning Commission (CCPQ Recommendation: The CCPC heard this petition at their
August 18, 2022, meeting. The Planning Commission voted unanimously to forward the subj ect petition
to the Board with a recommendation of approval.
Development Services Advisory Committee (DSAQ Recommendations:
The DSAC recommended approval on May 4, 2022. The DSAC Land Development Review
Subcommittee recommended approval on March 9, 2022, with two caveats: that staff will look at all the
overlay districts and see if any others need to be changed in accordance with these measures and to
clarify the narrative's background section in terms of how the system of allowed comparable uses in
zoning districts is described. The narrative has been revised and all overlay zoning districts are included
in the amendment.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
No fiscal or operational impacts are anticipated The proposed LDC amendment has been reviewed
The current fee for a CUD application remains the by Comprehensive Planning staff and may be
same at $1,000 and $100 per hour as needed upon deemed consistent with the GMP.
completion of staff's review and research.
EXHIBITS: A) Administrative Code Chapters 3 CA. and 3 L.
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Attachment A - Administrative Code
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DRAFT Text underlined is new text to be added
Text strikethr4pwgh is Gwrrept tex. to be deleted
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 / Quasi -Judicial Procedures with a Public Hearing
Amend the LDC 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:
A. Rules for Interpretation of Uses. In 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 in the district, then the
determination of whether or not that use is permitted at a site -specific location in the
district shall be made through the process outlined in LDC section 10.02.06 K.
# # # # # # # # # # # # #
10.02.06 — Requirements for Permits
K. Comparable Use Determination.
The following Comparable Use Determination (CUD) shall be used to determine
whether a use at a site -specific location is comparable in nature with the list of
permitted uses and the purpose and intent statement of the zoning district, overlay,
or PUD. ADDroval of a CUD made at one location shall not be construed to mean
that the use is entitled at a different location.
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:
i. 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.
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Attachment A - Administrative Code
17.A.2
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DRAFT Text underlined is new text to be added
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 / Quasi -Judicial Procedures with a Public Hearing
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. The proposed use shall be compatible with the surrounding neighborhood.
f. 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.
# # # # # # # # # # # # #
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.
L91
* * * * * * * * * * * *
Approval of a Comparable Use Determination pursuant to LDC section 10.02.06 K.
1. The following advertised public hearings are required:
a. One CCPC or Hearing Examiner hearing.
a. 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.
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a4s aq
Public Notices Public Notices
17.A.3
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 February 28, 2023, in the Board of County Commission-
ers 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, AS AMENDED, THE OLLIERICOUNTYNG I
NUM-
BER LAND DEVEL-
OPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, TO PROVIDE THAT COMPARABLE USE DE-
TERMINATIONS ARE SITE SPECIFIC AND ADD CRITERIA; BY PRO-
VIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS
OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
THE TWO ZONINGAND USES,
NCLUD NGWSECTIONAPTER 2.03.00 ZONING DISTRICTSDISTRICTS PERMITTED
USES, ACCESSORY USES, AND CONDITIONAL USES; AND CHAP-
TER TEN APPLICATION, REVIEW, AND DECISION -MAKING PROCE-
DURES, INCLUDING SECTION 10.02.06 REQUIREMENTS FOR PER-
MITS, AND SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED
HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT
AND FIVE,IN THE
COUNTY LANDI D VELOPMI ENT CODE; AND ON ISSECTION SIX, ON OEFFEC-
TIVE DATE. [PL20220000207)
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 involve-
ment, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceed-
ing: Individuals who would like to participate remotely should
register through the link provided within the specific
event/meeting entrryy on the Calendar of Events on the County
website at www.coI iercountyfl.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. Indi-
viduals who register will receive an email in advance of the pub-
lic 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 is-
sues. For additional information about the meeting, please call
Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig*c
olliercountyfl.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 accommoda-
tion 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, locat-
ed at3335 Tamiami Trail East, Suite 101, Naples, FL 341:12-5356,
(239) 252-8380, at least two (2) days• prior to the meeting. Assist-
ed 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
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By: Merline Forgue, Deputy Clerk
(SEAL)
Pub: Feb. 13, 2023 #5591976
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