Agenda 12/12/2023 Item #17D (Ordinance - Amending the property maintenance code section six compliance with housing standards, to reduce minimum square footage requirements for multi-family dwelling units)12/12/2023
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to amend Ordinance No. 2004 -58, as amended,
the Collier County Property Maintenance Code by amending Section Six, compliance with housing
standards, to reduce minimum square footage requirements for multi-family dwelling units.
_____________________________________________________________________________
OBJECTIVE: To have the Board of County Commissioner's amend the County’s housing standards to reduce the
minimum square footage requirements for multi-family dwelling units only for projects that convert existing
buildings to multi-family while also providing for a minimum of 20 percent of the units being income restricted.
CONSIDERATIONS: The County has been approached by the Styx company to convert the existing Golden
Gate Inn from a hotel use to a multi-family project with a 20 percent commitment of income-restricted units
targeted to those earning 120 percent of the County’s Average Median Income (AMI). All units will have rents
that qualify as affordable for households with incomes up to 120 percent of AMI. The project will provide a total
of 215 multi-family dwelling units. The redevelopment of the existing hotel to a multi-family apartment will work
within the existing footprint of the structure, and as such, the units will be efficiencies. The size of these units will
vary and necessitate an amendment to the County’s minimum housing standard. The amendment will allow a
minimum standard of 250 square feet for two occupants but only for projects that convert existing buildings to
multi-family. At the same time, it also provides for a minimum of 20 percent of the units being income restricted.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority vote for
approval. (HFAC)
FISCAL IMPACT: The cost associated with amending Ordinance No. 2004-58 has been adequately budgeted
within the Planning Services Fund (1014), Current Planning Cost Center (138326).
GROWTH MANAGEMENT IMPACT: Amending Ordinance No. 2004-58 is consistent with Collier County’s
Growth Management Plan.
RECOMMENDATION: To amend Ordinance No. 2004-58, to reduce the minimum square footage
requirements for multi-family dwelling units for projects that convert existing buildi ngs to multi-family while also
providing for a minimum of 20 percent of the units being income restricted.
Prepared by: Mike Bosi, AICP, Director Zoning
ATTACHMENT(S)
1. Ordinance - occupancy Code of Laws (PDF)
2. legal ad - agenda ID 26878 (PDF)
17.D
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12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doc ID: 26878
Item Summary: Recommendation for the Board of County Commissioners to amend Ordinance No. 2004 -58, as
amended, the Collier County Property Maintenance Code by amending Section Six, compliance with housing
standards, to reduce minimum square footage requirements for multi-family dwelling units.
Meeting Date: 12/12/2023
Prepared by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/09/2023 3:16 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/09/2023 3:16 PM
Approved By:
Review:
Zoning Mike Bosi Division Director Skipped 10/09/2023 3:18 PM
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
11/13/2023 4:27 PM
Zoning Ray Bellows Additional Reviewer Completed 11/13/2023 4:52 PM
Growth Management Community Development Department James C French Growth Management Completed
11/14/2023 11:19 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/27/2023 1:21 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/27/2023 2:16 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/27/2023 3:21 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/30/2023 11:01 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/05/2023 10:17 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
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[23-CPS-02391/1816563/1]9
9/20/23 1 of 2 Text underlined is added; text struck through is deleted.
ORDINANCE NO. 2023 - ______
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-58
AS AMENDED, THE COLLIER COUNTY PROPERTY MAINTENANCE
CODE BY AMENDING SECTION SIX, COMPLIANCE WITH
HOUSING STANDARDS, TO REDUCE MINIMUM SQUARE
FOOTAGE REQUIREMENTS FOR MULTI-FAMILY DWELLING
UNITS; PROVIDING FOR APPLICABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 23, 2004, the Board of County Commissioners (Board) adopted
Ordinance No. 2004-58, establishing a revised property maintenance code for the unincorporated area
of Collier County to be known as the “Collier County Property Maintenance Code;” and
WHEREAS, the Board adopted amendments to the Property Maintenance Code in Ordinance
No. 2007-70 and Ordinance No. 2010-02; and
WHEREAS, the Board desires to further amend the Property Maintenance Code by amending
the occupancy standards for dwellings.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2004-58, AS
AMENDED.
Section Six of Ordinance No. 2004-58, as amended, is hereby amended to read as follows:
SECTION SIX – COMPLIANCE WITH HOUSING STANDARDS
All dwelling units, whether occupied or unoccupied, shall comply with the requirements of this
Section as hereinafter set forth:
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13. OCCUPANCY STANDARD, DWELLINGS — Every dwelling unit shall comply with the minimum
space footage requirements of the Land Development Code and shall contain at least 250 square feet
of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor
area per additional occupant, not to exceed more than 4 unrelated individuals per household. No
habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the
Building Code. However, the Board of County Commissioners can approve a reduction in the
minimum square footage requirements through a rezoning for projects that convert an existing building
to a multi-family use and include affordable housing units with a minimum of 20 percent of the units
income-restricted, provided the habitable floor area is not less than 250 square feet for two occupants.
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17.D.1
Packet Pg. 3155 Attachment: Ordinance - occupancy Code of Laws (26878 : Minimum Housing Standards)
[23-CPS-02391/1816563/1]9
9/20/23 2 of 2 Text underlined is added; text struck through is deleted.
SECTION TWO: APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in all unincorporated
areas of Collier County. This ordinance shall apply to all applications for development, including
building permit applications and subdivision proposals, submitted on or after the effective date of this
ordinance.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances 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 FOUR: CONFLICT AND SEVERABILITY.
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 the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: 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 COLLIER COUNTY, FLORIDA
By: By:_________________________________
, Deputy Clerk Rick LoCastro, Chairman
Approved as to form and legality:
______________________________
Heidi Ashton-Cicko
Managing Assistant County Attorney
17.D.1
Packet Pg. 3156 Attachment: Ordinance - occupancy Code of Laws (26878 : Minimum Housing Standards)
17.D.2
Packet Pg. 3157 Attachment: legal ad - agenda ID 26878 (26878 : Minimum Housing Standards)