Backup Documents 02/28/2023 Item #16A10 BCC February 28, 2023 O
Comparable Use Determination Update LDCA
PL20220000207
Acct #323630
February 9, 2023
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Comparable Use Determination Update LDCA (PL20220000207)
Dear Legals:
Please advertise the above referenced notice on Monday, February 13, 2023 (to be
placed in the classified section) and kindly send the Affidavit of Publication,
together with charges involved, to this office.
Thank you.
Sincerely,
Merline Forgue,
Deputy Clerk
P.O. #4500220658
1 641Q
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 Commissioners Meeting Room,Third Floor,Collier
Government Center,3299 East Tamiami Trail,Naples,FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO 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]
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.
I. 6410
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
RICK LOCASTRO,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT& COMPTROLLER
By: Merline Forgue, Deputy Clerk
(SEAL)
1 6A10
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'/.page(3x10)advertisement.The advertisement MUST NOT BE placed in that
portion of the newspaper where classified advertisements appear.)
Originating Dept/Div: GMD/Zoning. Person: Eric Johnson, Planning Manager
Date:February 9,2023
Petition No.(If none,give a brief description): PL20220000207
Petitioner: (Name&Address):
Sean Kingston
2800 North Horseshoe Drive
Naples,FL 34104
Name&Address of any person(s)to be notified by the Clerk's office:
(if more space is needed, attach separate sheet)
Hearing before: X BCC BZA Other
Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M., February 28,2023,
(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 County Manager's office will
distribute copies:
County Manager agenda file:to Requesting Division Original
B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file.
FOR CLERK'S OFFICE
Date Received 2 1 Date of Public Hearing g (/ /(�3 Date Advertised 07
1 ( Ali)
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 Commissioners meeting room,third floor,Collier
Government Center,3299 East Tamiami Trail,Naples,FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO 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]
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.
1 6A10
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
RICK LOCASTRO,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT& COMPTROLLER
By: /s/
Deputy Clerk(SEAL)
i 6Aiu
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: Eric Johnson, Planning Manager
Date:February 9,2023
Petition No.(If none,give a brief description): PL20220000207
Petitioner: (Name&Address):
Sean Kingston
2800 North Horseshoe Drive
Naples, FL 34104
Name&Address of any person(s)to be notified by the Clerk's office:
(if more space is needed, attach separate sheet)
Hearing before: X BCC BZA Other
Requested Hearing date: Collier County Board of County Commissioners(BCC)at 9:00 A.M.,February 28,2023,
(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 County Manager's office will
distribute copies:
County Manager agenda file:to Requesting Division Original
B. Other hearings: initiating Division head to approve and submit original to Clerk's Office, retaining a copy file.
FOR CLERK'S OFFICE
Date Received 9 Ia-,3 Date of Public Hearing c J 'J?.3 Date Advertised 1 3 ds3
I
1 6A10
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 Commissioners meeting room,third floor,Collier
Government Center,3299 East Tamiami Trail,Naples,FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO 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]
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.
1 6A10
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
RICK LOCASTRO,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT& COMPTROLLER
By: /s/
Deputy Clerk(SEAL)
6A10
DRAFT 2/08/23
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
Page 1 of 7
Words struck through are deleted, words underlined are added.
16A10
DRAFT 2/08/23
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 etseq.), 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
Page 2 of 7
Words are deleted, words underlined are added.
1 6A10
DRAFT 2/08/23
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,
Page 3 of 7
Words are deleted, words underlined are added.
0A11)
DRAFT 2/08/23
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.B. AMENDMENTS TO SECTION 10.02.06 REQUIREMENTS FOR
PERMITS
Section 10.02.06, Requirements for Permits, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
10.02.06 Requirements for Permits
Page 4 of 7
Words struck through are deleted, words underlined are added.
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DRAFT 2/08/23
K. Comparable Use Determination.
1. 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.
Page 5of7
Words are deleted, words underlined are added.
1 6A10
DRAFT 2/08/23
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.
Page 6 of 7
Words struck through are deleted, words underlined are added.
16A10
DRAFT 2/08/23
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Rick LoCastro, Chairman
Approved as to form and legality:
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
22-LDS-00160/213
2-8-2023
Page 7 of 7
Words struck through are deleted, words underlined are added.
16A1Q
Merline Forgue
From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Sent: Thursday, February 9, 2023 3:12 PM
To: Minutes and Records; Martha S. Vergara; Merline Forgue; Marty G. Rustin
Cc: GMDZoningDivisionAds;JohnsonEric; BradleyNancy
Subject: ***URGENT: 2/28 BCC ad request Comparable Use Determination Update LDCA
(PL20220000207)
Attachments: Signed Ad Request.pdf; Ad Request.docx; PL20220002027 - CUD Draft Ordinance
(02-08-2023).pdf
Importance: High
M&R,
This ad may run in the legal/classified section, as a regular 2-column ad, and does not need a 1/4
page setup. It needs to make the deadline to run on Monday, Feb. 13th
I will be out of the office tomorrow, so please copy Nancy Bradley on all emails on this ad. Thanks,
Wanda Rodriguez, MCP, CT.M
Office of the County .Attorney
(239) 252-8400
LERTIF/Ft)
ACP 9a epm 4ouarseru�c
NWER COIA�TY 0 ro am 4 SINCE
Certified Public Manager y�
C�NALA
From:YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>
Sent:Thursday, February 9, 2023 3:04 PM
To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>;JohnsonEric
<Eric.Johnson@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>; Minutes and Records
<MinutesandRecords@collierclerk.com>
Subject: RE: URGENT: 2/28 BCC ad request Comparable Use Determination Update LDCA(PL20220000207)
My bad....here is the signed ad request.
Andrew Youngblood, MBA
Management Analyst I
Zoning Division
i
1 6A10
Co ter County
2800 N. Horseshoe Dr.
Naples, FL 34104
Direct Line - 239.252.1042
andrew.youngbloodt�colliercountyfl.gov
From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Sent:Thursday, February 9, 2023 3:02 PM
To:YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>
Cc:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>;JohnsonEric
<Eric.Johnson@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>; Minutes and Records
<MinutesandRecords@collierclerk.com>
Subject: RE: URGENT: 2/28 BCC ad request Comparable Use Determination Update LDCA (PL20220000207)
Importance: High
Andy,
Your ad request isn't signed, and you didn't send the usual Word document of the ad. Further, Heidi
says this ad does not need a map, so it MAY run as a regular classified/legal ad. Please re-send your
request with the Word document and signed request.
Thanks,
Wanda Rodriguez, MCP, CT.M
Office of the County .Attorney
(239) 252-8400
LERT I F/FO
me
AC►CP COWER COUNTY
pro am
a 'wLSIINCCE■�,
Certified Public Manager
From:YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>
Sent:Thursday, February 9, 2023 2:59 PM
To: Minutes and Records<MinutesandRecords@collierclerk.com>
Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>;JohnsonEric
<Eric.Johnson@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy
<Nancy.Bradley@colliercountyfl.gov>
Subject: URGENT: 2/28 BCC ad request Comparable Use Determination Update LDCA(PL20220000207)
Importance: High
Good afternoon, M&R!
Here is a long shot...this ad request needs to publish on Monday. Can you please have NDN move heaven and earth to
get it in? 3x10 N-page, NOT in the classifieds.
2
1 6A10
Merline Forgue
From: Merline Forgue
Sent: Thursday, February 9, 2023 3:58 PM
To: Naples Daily News Legals
Cc: Minutes and Records
Subject: Private Road MSTU Ord.
Attachments: Private Road MSTU Ord..docx; Private Road MSTU Ord. - BCC.docx
Good afternoon,
Please advertise the above referenced notice on Monday, February 13, 2023 (to be placed in
the classified section) and kindly send the Affidavit of Publication, together with charges
involved, to this office.
Thank you,
Merline Forgue
BMR&VAB Deputy Clerk I
cox`'"t`Rr Office: 239-252-8411
‘crG2�
Fax: 239-252-8408
E-mail: Merline.ForRue@CollierClerk.corn
Office of the Clerk of the Circuit Court
" `
(6 &Comptroller of Collier County
F ���' 3299 Tamiami Trail E, Suite#401
Naples, FL 34112
www.CollierClerk.com
i
i 6A10
Merline Forgue
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent: Thursday, February 9, 2023 4:20 PM
To: Merline Forgue
Subject: RE: 5591976 Comparable Use Determination Update LDCA (PL20220000207)
Attachments: OrderConf.pdf
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hello,
Your notice is scheduled to publish 2/13 in the Naples Daily News.The total cost of your ad is$665.00, 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.
Thank you,
Keyonna Theodore
Public Notice Representative
NEETTWORKY LOCMLIQ
Office: 844-254-5287
From: Merline Forgue <merline.forgue@collierclerk.com>
Sent:Thursday, February 9, 2023 4:09 PM
To: NDN-Legals<legals@naplesnews.com>
Cc: Minutes and Records<MinutesandRecords@collierclerk.com>
Subject: 5591976 Comparable Use Determination Update LDCA(PL20220000207)
Good afternoon,
This ad may run in the legal/classified section, as a regular 2-column ad, and does not need a 1/4
page setup. It needs to make the deadline to run on Monday, Feb. 13th
Thank you,
i
16A10
Merline Forgue
From: YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov>
Sent: Thursday, February 9, 2023 4:32 PM
To: Merline Forgue; GMDZoningDivisionAds; RodriguezWanda; BradleyNancy;JohnsonEric
Cc: Minutes and Records
Subject: RE: 5591976 Comparable Use Determination Update LDCA (PL20220000207)
Attachments: RE: 5591976 Comparable Use Determination Update LDCA (PL20220000207)
We have approval from staff.
Andrew Youngblood, MBA
Management Analyst I
Zoning Division
Cotter County
2800 N. Horseshoe Dr.
Naples, FL 34104
Direct Line - 239.252.1042
andrew.youngbloodCc�colliercountyfl.gov
From: Merline Forgue <merline.forgue@collierclerk.com>
Sent:Thursday, February 9, 2023 4:24 PM
To:YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>; GMDZoningDivisionAds
<GMDZoningDivisionAds@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>;
BradleyNancy<Nancy.Bradley@colliercountyfl.gov>; JohnsonEric<Eric.Johnson@colliercountyfl.gov>
Cc: Minutes and Records<MinutesandRecords@collierclerk.com>
Subject: FW: 5591976 Comparable Use Determination Update LDCA(PL20220000207)
EXTERNAL EMAIL This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Ad proof is ready!
Thank you,
BMR STAFF
From: Gannett Legals Public Notices 4<ganlegpubnotices4PRannett.com>
Sent:Thursday, February 9, 2023 4:20 PM
To: Merline Forgue<merline.forgue@collierclerk.com>
Subject: RE: 5591976 Comparable Use Determination Update LDCA(PL20220000207)
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
i
i 6A10
Merline Forgue
From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Sent: Thursday, February 9, 2023 4:46 PM
To: Minutes and Records; Merline Forgue
Cc: BradleyNancy; GMDZoningDivisionAds;YoungbloodAndrew;JohnsonEric
Subject: proof approval: 5591976 Comparable Use Determination Update LDCA
(PL20220000207) - 2/28/23 BCC
Attachments: OrderConf.pdf; RE: 5591976 Comparable Use Determination Update LDCA
(PL20220000207)
Merline,
The ad needs a line space between the first paragraph and the ordinance title. Otherwise attorney
approval is below, staff approval is attached, and there is no outside applicant for this ad.
Please ask NDN if they will add the space, and we do not need to see another proof or do more
approvals. The ad is good to go otherwise. Thanks for the extremely quick turnaround on this one!
"Wanda Rodriguez, .ACT, CP.M
Office of the County .Attorney
(239) 252-8400
LERT I Fieb
�
v COWER
/�/� ��}�/
Program HVWGMyIf�y11�V�1�11
Certified Public Manager '(wap'w�nrwCE5
From:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov>
Sent:Thursday, February 9, 2023 4:41 PM
To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>
Subject: RE: proof for approval: 5591976 Comparable Use Determination Update LDCA(PL20220000207)
Approved. Thank you!
f-i-eid i..4s Tito vi.-Cicleo
Ma fro givtig Assistant Couvltu,Fttomeu
Office fi,ce of the Couvlt Attorm j
2200 North Ftorseshoe Arive, Suite 301
NApl.es, FL 34104
(239) 252-2773
From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Sent:Thursday, February 9, 2023 4:26 PM
1
i6A10
To:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov>
Cc:CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>
Subject: proof for approval: 5591976 Comparable Use Determination Update LDCA (PL20220000207)
Importance: High
Heidi,
For your approval ASAP. Thanks,
'Wanda Rodriguez, MCP, CR7t4
Office of the County .Attorney
(239) 252-8400
co.TIFIto
PLORIDA S
ACP ; ICPOramCOWER COUNTY
SINCECertified Public Manager
n...r.srw u.mr, 2005
From: Merline Forgue<merline.forgue@collierclerk.com>
Sent:Thursday, February 9, 2023 4:24 PM
To:YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>; GMDZoningDivisionAds
<GMDZoningDivisionAds@colliercountyfl.gov>; RodriguezWanda <Wanda.Rod riguez@colliercountyfl.gov>;
BradleyNancy<Nancy.Bradley@colliercountyfl.gov>;JohnsonEric<Eric.Johnson@colliercountyfl.gov>
Cc: Minutes and Records<MinutesandRecords@collierclerk.com>
Subject: FW: 5591976 Comparable Use Determination Update LDCA(PL20220000207)
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Ad proof is ready!
Thank you,
BMR STAFF
From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>
Sent:Thursday, February 9, 2023 4:20 PM
To: Merline Forgue<merline.forgue@collierclerk.com>
Subject: RE: 5591976 Comparable Use Determination Update LDCA(PL20220000207)
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hello,
2
1 6A10
Merline Forgue
From: Merline Forgue
Sent: Thursday, February 9, 2023 4:58 PM
To: 'Gannett Legals Public Notices 4'
Subject: RE: 5591976 Comparable Use Determination Update LDCA (PL20220000207)
Just one correction. Please enter a line space between the first paragraph and the ordinance title, see below. Besides
that this ad is approved.
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, AMENDING ORDINANCE NUM-
BER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVEL-
OPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
Thank you,
BMR STAFF
From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>
Sent:Thursday, February 9, 2023 4:20 PM
To: Merline Forgue<merline.forgue@collierclerk.com>
Subject: RE: 5591976 Comparable Use Determination Update LDCA (PL20220000207)
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hello,
Your notice is scheduled to publish 2/13 in the Naples Daily News.The total cost of your ad is $665.00, 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.
Thank you,
Keyonna Theodore
Public Notice Representative
NE WORKY LOCALI^
Office: 844-254-5287
From: Merline Forgue<merline.forgue@collierclerk.com>
Sent:Thursday, February 9, 2023 4:09 PM
To: NDN-Legals<legals@naplesnews.com>
Cc: Minutes and Records<MinutesandRecords@collierclerk.corn>
Subject: 5591976 Comparable Use Determination Update LDCA(PL20220000207)
1
1 6A10
Merline Forgue
From: Merline Forgue
Sent: Friday, February 10, 2023 8:17 AM
To: 'GWM-Erin GWM-Oettinger'
Cc: Minutes and Records
Subject: RE: Your AdOrder
This ad is approved.
Thank you,
BMR STAFF
Original Message
From: GWM-Erin GWM-Oettinger<eoettinger@gannett.com>
Sent:Thursday, February 9, 2023 5:08 PM
To: Merline Forgue <merline.forgue@collierclerk.com>
Subject: Your AdOrder
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
5591976
1
1 6A10
Nap1r.! ?kxii ?sriut'i
PART OF THE USA TODAY NETWORK
Published Daily
Naples, FL 34110
BCC ENGINEERING ENVI RONMENTAL
3299 TAMIAMI TRL E#700
NAPLES,FL 34112-5749
Affidavit of Publication
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned they serve as the authority,
personally appeared said legal clerk who on oath says that
he/she serves as Legal Clerk of the Naples Daily News, a
daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida;
that the attached copy of the advertising was published in
said newspaper on dates listed. Affiant further says that the
said Naples Daily News is a newspaper published at
Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in
said
Collier County, Florida;distributed in Collier and Lee
counties of Florida,each day and has been entered as
second class mail matter at the post office in Naples,in
said Collier County, Florida,for a period of one year next
preceding the first publication of the attached copy of
advertisement;and affiant further says that he has neither
paid nor promised any person,or corporation any discount,
rebate,commission or refund for the purpose of securing
this advertisement for publication in said newspaper
issue(s)dated or by publication on the newspaper's
website,if authorized,on
Issue(s)dated:02/13/2023
Subscribed and sworn to before on March 13,2023:
/(div- 4-
1‘
Notary,State of WI,County of Brown
My commission expires
Publication Cost:$672.00
Ad No:0005591976
Customer No:1303805 KATNLEEN Al_LEN
PO#: 4500220658 Notary P u b l i c
#of Affidavits• 1 State of ��lisccnsln
This is not an invoice
16A10
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, AMENDING ORDINANCE NUM-
BER 04-41, AS AMENDED, THE COLLIER COUNTY 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 FOLLOWING: CHAPTER TWO ZONING DISTRICTS AND USES,
INCLUDING SECTION 2.03.00 ZONING DISTRICTS, 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 SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFEC-
TIVE DATE.IPL20220000207)
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 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. 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 at 3335 Tamiami Trail East,Suite 101, Naples, FL 34112-5356,
(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
By:Merline Forgue,Deputy Clerk
(SEAL)
Pub:Feb.13,2023#5591976
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 b A 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Eric Johnson Zoning, GMCD 02/27/2023
2.
3 County Attorney Office County Attorney Office H IA- a-
a ,4I
4. BCC Office Board of County
Commissioners pl.. by I /5/ 3 3123
5. Minutes and Records Clerk of Court's Office
3i3p3
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Eric Johnson/Growth Management Phone Number (239)252-2931
Contact/ Department Community Development Dept.
Agenda Date Item was Agenda Item Number 16.A.10.
Approved by the BCC
Type of Document Resolution Number of Original 1
Attached Documents Attached
PO number or account
number if document is 2_023 —2-61
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? EJ
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be EJ
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the EJ
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's EJ
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip EJ
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 02/28/2023 and all changes made EJ N/A is not
during the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the EJ N/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16441U
RESOLUTION NO. 2023-2 9
A RESOLUTION AMENDING ORDINANCE NO. 2004-66, AS
AMENDED, THAT CREATED AN ADMINISTRATIVE CODE, TO
REVISE THE PROCEDURES FOR COMPARABLE USE
DETERMINATIONS, AND PROVIDING AN EFFECTIVE DATE.
[PL20220000207]
WHEREAS, the Board of County Commissioners adopted Ordinance No. 2004-66 on
October 12, 2004 which created an Administrative Code for Collier County; and
WHEREAS, the Board subsequently amended Ordinance No. 2004-66 through the
adoption of Ordinance No. 2013-57 on September 24, 2013; and
WHEREAS, Ordinance No. 2013-57 provides for the adoption of Exhibit "B", the
Administrative Code for Land Development, which shall be maintained by the County Manager
or designee; and
WHEREAS, Ordinance No. 2013-57 also provides that amendments required to maintain
the Administrative Code for Land Development shall be made by resolution adopted by the Board;
and
WHEREAS, the Board desires to revise the Administrative Code for Land Development,
to revise the procedures for comparable use determinations, as detailed in Exhibit "A" attached
hereto and incorporated herein.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that the Administrative Code for Land
Development, which was created by Ordinance No. 2013-57, is hereby amended as reflected in
Exhibit"A" attached hereto and incorporated herein.
This Resolution shall become effective on the date of adoption by the Board.
[22-LDS-00160/1755583/11171 1 of 2
2-8-23
1641U
THIS RESOLUTION ADOPTED by majority vote this day of F 1) 1' 6t a J
r�(,
2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
C( T d. a
v (---72 —By: �i ` ' `„, „iti l , C By:
i „: pu y Clerk Rick LoCastro, Chairman
Attest as td dal
signatt r :Ai7J n
Approved as to form and legality:
(_cif
H idi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A: Chapter 3, Section L — Comparable Use Determination
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Attachment A - Administrative Code
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 l Quasi-Judicial Procedures with a Public Hearing
L. Comparable Use Determination
Reference LDC sections 2.03.00 A, 10.02.06 K, LDC Public Notice section 10.03.0E 0, LDC section
8.10.00 and F.S. §125.66.
Applicability A Comparable Use Determination may shall be used to make a determination--Pat
determine if a new use at a site-specific location is comparable in nature with the list of
permitted uses and the purpose and intent of a;-com-patible, and-c
of-identified per-nait-ted uses in-a-standard zoning district, overlay,or PUD ordinance,and
the surrounding neighborhood.
Pre-Application A pre-application meeting is not required.
Initiation The applicant files a "Comparable Use Determination Application"with the Zoning
Division.
. See Chapter 1 D.for additional information regarding the procedural steps for initiating
an application.
Application The application must include the following:
Contents
1. Applicant contact information.
2. Property information, including:
a. Legal description;or if the comparable use involves only part of a PUD,only
a legal description for the subject portion is required;
b. Property identification number;
c. Section,township and range;
d. Subdivision, unit, lot and block, parcel, or metes and bounds description;
e. Address of subject site and general location;
f. Size of property in feet and acres;
•---- Site folio number;
• Site Address;
• g. Property owner's name;and
• h. Verification being requested.
3. A narrative statement that describes the determination request,the justification for
the use by a certified land use planner or a land use attorney and addresses the
standards within LDC section 10.02.06 K.2.
4. Additional materials may be requested by staff depending on the use and
justification provided.
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Attachment A - Administrative Code
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 / Quasi-Judicial Procedures with a Public Hearing
5. PUD Ordinance and Development Commitment 1-Information, if applicable.
6. Electronic copies of all documents.
7. Addressing checklist.
8. Affidavit of Authorization.
9. Property Owner Disclosure Form.
Co '•,�• application for completeness. After-stsb+nission of-the
and-Processing eenpleted applicat" i
e€-Application
processed. Accompanying that response will be a receipt for the payment and the
number should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows. a See Chapter 8 of the Administrative Code for
additional notice information.
1. Newspaper Advertisement: At least 15 days before the hearing in a newspaper of
general circulation.The legal advertisement shall include:
• a. Date,time, and location of the hearing;
• b. Description of the proposed land uses;
• c. Application number and project name;
• d. PUD name and ordinance number;
• e. Proposed permitted use;and
• f. Description of location; and
g. 2 inch x 3 inch map of the project location.
Public Hearing 4.,The Hearing Examiner or the CCPC shall hold at least 1 advertised public hearing. If
heard by CCPC, 1 BZA hearing. C>See Chapter 9 of the Administrative Code for the
Office of the Hearing Examiner procedures.
Decision Maker The Hearing Examiner or the C-€P-C BZA, applying the standards in LDC section 10.02.06
K.
If the PUD ordinance language identifies the CCPC or the Planning Director (or other
similar County staff)as the authority to determine a use is comparable, compatible, and
consistent,a Staff Report will be presented to the Hen^E„-W,ine,-^Y t e€€o€Decision
Maker for approval of the Comparable Use Determination.
Review Process The Zoning Division will review the applicationLand identify whether additional materials
are needed,and prepare a Staff Report to the Hearing Examiner or CCPC/BZA. Staff-wi11
prepare a Staff Report to present to the Office of the Hearing Examiner or the CCPC for a
decision.
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Attachment A - Administrative Code
DRAFT Text underlined is new text to be added
Text-strikehroug#-is current text to be deleted
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 / Quasi-Judicial Procedures with a Public Hearing
Awe,* Appea4---g-a---Garn-pa-Fa-late-445e-getef-Min-ati-O-11-46144---be-p-u-rs-uant-te-C-eite-4af-Laws-and
Or dinanccs section 250 5
Updated Resolution 2020 203 2022-##
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