Agenda 03/11/2025 Item #11C (Advertise and bring back an Ordinance amending the LDC for a public hearing)3/11/2025
Item # 11.C
ID# 2024-2266
Executive Summary
Recommendation to direct staff to advertise and bring back an Ordinance amending the Land Development Code to
modify the prohibition of renting guesthouses on lots zoned Estates (E), located west of Collier Boulevard, to allow for
such rentals if all new requirements are met. (PL20240009067)
OBJECTIVE: To direct staff to advertise and bring back an Ordinance amending the Land Development Code (LDC)
to modify the prohibition of renting guesthouses on lots zoned Estates (E), located west of Collier Boulevard, to allow
for such rentals if all new requirements are met.
CONSIDERATIONS: The provisions for guesthouses were first adopted in 1974 when the Coastal Planning Area
District regulations were established. This ordinance defined them as an “accessory dwelling unit,” which was to be
“used exclusively for the non-commercial accommodation of friends or relatives of the occupant or owner of the
principal dwelling.” In 1976, the provisions were clarified to prohibit the leasing or renting a guest accommodation
facility and to allow one guest house to be a permitted accessory use in both the Agricultural (A) and Estates (E) zoning
districts. Since then, the guesthouse provisions have been amended from time to time, but the prohibition of renting
them has remained.
On February 14, 2023, the Board discussed an item sponsored by Commissioner McDaniel that sought to amend the
Land Development Code (LDC) to allow the rental of guesthouses. During the presentation, Commissioner McDaniel
suggested that the rental of guesthouses should be restricted to homesteaded properties located in the urban Estates—the
rationale of the restriction being that on-site landlords do a good job of managing the actions of their tenants. The Board
members further discussed the prospect of amending the LDC but later agreed that Commissioner Hall should first
discuss the matter with the Affordable Housing Advisory Committee (AHAC) before the Board gives direction to staff.
On May 15, 2023, staff presented the prospect of guesthouse rentals within the Urban Golden Gate Estates to the
AHAC. The AHAC supported looking at the rental of guesthouses as a possible solution to the affordable housing
shortage within the County. The motion recognized that AHAC desired to increase supply and allow this in urban
estates. They also wanted to recommend exploring guesthouse rental for the Rural Estates. Finally, the program should
be offered to homesteaded properties (and the exemption would remain) and kept at market-rate rents. The AHAC
wanted staff to provide the Board with the rent ranges and the percentage of homesteaded properties out of the 3,559
targeted properties.
On May 14, 2024, the Board discussed Item 11.A. under the County Manager’s Report, which was a recommendation to
provide staff direction on the Board’s request for staff to gather input on the community’s desire to allow for the legal
renting of guesthouses within the urban Estates Zoning District, based upon the conclusions provided for within the
Guesthouse Rental White Paper. By a vote of 4-1, the Board directed staff to move forward with an LDC amendment
with the provision in writing of the one-year revisit and a specific report from Code Enforcement.
The provisions for the Density Rating System in the Future Land Use Element (FLUE) of the Growth Management Plan
(GMP) recognize that guesthouses are considered accessory dwellings and are not counted toward density. However, the
density Rating System in the FLUE is only applicable to certain geographic areas of the County and yields to either the
Immokalee Area Master Plan or Golden Gate Area Master Plan (GGAMP), where applicable, in matters of density and
application. The geographic area encompassed by this LDC amendment is located within the jurisdiction of the GMP,
but a majority of the lots are located within the GGAMP, specifically the Urban Golden Gate Estates Sub-Element (see
Exhibit A). According to the Estates Designation of the Urban Golden Gate Estates Sub-Element of the GGAMP, this
designation is characterized by low-density semi-rural residential lots with limited opportunities for other land uses. The
typical lot is 2.25 acres; however, some legal non-conforming lots are as small as 1.14 acres. Residential density is
limited to a maximum of one unit per 2.25 gross acres or one unit per legal non-conforming lot of record, exclusive of
guesthouses. Multiple-family dwelling units, duplexes, and other structures containing two or more principal dwellings
are prohibited in all Districts and Subdistricts in the Estates Designation. The density exclusion for guesthouses is also
provided for in the Residential Estates Subdistrict of the Estates – Mixed Use District. Since the Urban Golden Gate
Estates Sub-Element is silent with respect to the rental of guesthouses, no GMP amendment will be necessary or
required to amend the LDC to allow guesthouse rentals in the Estates zoning district. Transportation Planning staff
reviewed the proposed Amendment and anticipate that there will be minimal impact on the road network based on the
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3/11/2025
Item # 11.C
ID# 2024-2266
following findings:
• There are a limited number of parcels affected by the Amendment.
• The Urban Subdistrict has an established road network with major north-south and east-west arterials and
collectors.
• Traffic impacts resulting from the rental units should be more widely distributed within the subdistrict than
traditional PUD developments with single-point trip impacts.
• There is a reasonable network of interconnected local-neighborhood roads providing alternative routes.
• There are numerous goods/services/employment opportunities adjacent to this subdistrict area to reduce trip
lengths on the network compared to longer rural commuter-residential trips.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed this
LDC amendment on January 16, 2025, and unanimously approved it as presented by staff but with the recommendation
that when this item is presented to the BCC, that staff include in their presentation, a description or an example of the
property tax implications once a guesthouse structure is rented and no longer eligible for the homestead exemption. The
CCPC was very concerned about making sure the tax implications are clearly described to the BCC and to the public.
Staff from the Property Appraiser’s Office were present at the meeting to explain the taxing nuisances and described the
investigative process they use to determine eligibility for a homestead exemption. They suggested that the public is
invited to review the tax estimator tool that is provided on their website.
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: The DSAC
recommended approval of the Amendment on November 6, 2024. The DSAC specifically wanted:
1) The CCPC and BCC to be fully apprised of the potential tax implications; and
2) The staff report to be revised to indicate the aforementioned as a potential fiscal impact (e.g., the fiscal impact to the
County may be positive given the additional revenue, but the increase in additional tax rate to the homeowner may
impact rent, which may impact the portability).
Two members of the DSAC voted in opposition to the Amendment.
The DSAC-LDR Subcommittee recommended approval of the Amendment on October 15, 2024. Two noteworthy
changes were made after the hearing, which were presented to the DSAC. The first change was to incorporate a
sunsetting clause of five years. The second change was to specify a minimum duration of nine months for any lease
agreement between a lessor and lessee of the guesthouse. A minimum duration will help ensure the guesthouses will not
be used for short-term lodging but remain part of the County’s housing supply to indirectly promote the goal of
addressing the affordable housing problem.
FISCAL IMPACT: There are no anticipated fiscal impacts to the County, except for the cost of advertising an
ordinance amending the LDC, which is estimated $50.00. Funds are available within the Unincorporated Area General
Fund (1011) and Zoning & Land Development Cost Center (138319). Homeowners may experience an increase in their
property taxes due to the loss of the homestead exemption on the guesthouse structure when the guesthouse is rented.
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for
Board approval. -DDP
RECOMMENDATIONS: To direct staff to advertise and bring back an Ordinance amending the LDC for a pubiic
hearing.
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3/11/2025
Item # 11.C
ID# 2024-2266
PREPARED BY: Eric L Johnson, AICP, CFM, Planning Manager, Zoning Division
ATTACHMENTS:
1. Draft Ordinance (12-02-2024)
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ORDINANCE NO. 2025 _
AN ORDTNANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 0441, AS
AMENDED, THE GOLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF GOLLIER COUNTY, FLORIDA, TO MODIFY
THE PROHIBITION OF RENTING GUESTHOUSES ON LOTS ZONED
ESTATES (E) LOCATED WEST OF COLLIER BOULEVARD, TO ALLOW FOR
SUCH RENTALS IF ALL NEW REQUIREMENTS ARE MET, BY PROVIDING
FOR: SEGTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT;
SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: GHAPTER TWO ZONING DISTRICTS AND USES,
INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS AND CHAPTER
FIVE SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.03
GUESTHOUSES; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; SECTION SlX, SUNSET PROVISION; AND SECTION
SEVEN, EFFECTTVE DATE. 1PL20240009067)
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 2025, 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 , 2025, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County GroMh Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
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WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community PlanningAct(F.S. S 163.3161 ef seg.), and F.S. 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. Vlll, S 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE lT 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, ef seg., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular S
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(1Xb), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
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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,
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.
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12. lt 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 2.03.01 . AGRICULTURAL DISTRICTS
Section 2.03.01, Agricultural Districts, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
SECTION 2.03.01 - Agricultural Districts
Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A)
is to provide lands for agricultural, pastoral, and rural land uses by accommodating
traditional agricultural, agricultural related activities and facilities, support facilities related
to agricultural needs, and conservation uses. Uses that are generally considered
compatible to agricultural uses that would not endanger or damage the agricultural,
environmental, potable water, or wildlife resources of the County, are permissible
as conditional uses in the A district. The A district corresponds to and implements the
Agricultural/Rural land use designation on the future land use map of the Collier County
GMP, and in some instances, may occur in the designated urban area. The
maximum density permissible in the rural agricultural district within the urban mixed use
district shall be guided, in part, by the density rating system contained in the future land
use element of the GMP. The maximum density permissible or permitted in A district
shall not exceed the density permissible under the density rating system. The
maximum density permissible in the A district within the agricultural/rural district of the
future land use element of the Collier County GMP shall be consistent with and not
exceed the density permissible or permitted under the agricultural/rural district of the
future land use element.
The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the rural agricultural
district (A).
1
b
6
Accessory uses
, subject to LDC section 5.03.03
AMENDMENTS TO SECTION 5.03.03 - GUESTHOUSES
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SUBSECTION 3.8.
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Section 5.03.03, Guesthouses, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
SECTION 5.03.03 - Guesthouses
Where a guesthouse is an allowable use, it shall be permitted only in compliance with the
following standards. See LDC section 1.08.02 Guesthouse for additional information.
A. No guest accommodation facility in a single-family residential district, whether a
freestanding guest house or guest accommodations which are structurally integrated
with the main dwelling, may be utilized for commercial purposes.
B. Leasing or renting a guest accommodation facility shall constitute a violation of this LDC,
cvt:ent AS nrnvided for I l-)(1 eantinn 5 O? O? tr
lf a main residenee the principal dwellinq is leased or rented, a guest accommodation
facility accessory to it may not be occupied by the property owner, since that would
constitute the unlaMul utilization of single-family zoned property for two-family dwelling
purposes.
D. The following site design standards apply to all guest houses
1. Minimum lot area shall be 43,560 square feet.
2. Minimum lot width shall be 105 feet.
3.The maximum floor area shall be forty (40) percent of the air-conditioned,
enclosed living area (excluding garages, carports, patios, porches, utility areas,
and the like) of the principal dwelling.
4.Detached guest houses shall not be closer than twenty (20) feet to the principal
dwelling.
A guesthouse may be constructed prior to a principal dwelling, provided the guest house
meets the minimum requirements of a single-family residence in the district in which it is
being constructed. At such time as a principal residence is constructed, then the floor
area percentages listed above shall apply.
requrrem are met
1. The subiect propertv is located within the Estates (E) zoninq district west of
Collier Boulevard.
2.
and to whom a homestead exemotion. as defined in Florida Statutes section
'196.031. has been qranted and continues or remains.
3. lf the Propertv Appraiser determines the landlord is no I onqer eliqible, entitled, or
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4. The questhouse must contain s no facilities. a bathroom. and a kitchen.
5. A minimum of one off-street parkinq space shall be required for each questhouse
under this subs
Deve nt shall establish the
application submittal requirements to I ease or rent a questhouse under this
section.
7. The minimum duration of any lease between a lessor and lessee shall be nine
months.
8. The provisions of LDC section 5..03 F. shall sunset five vears from [the
Commissi oners bv resolution
SECTION FOUR: CONFLICT AND SEVERABILITY
ln 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. ln the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. lf any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION lN 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: SUNSET PROVISION
Subsection 3.8., Amendments to Section 5.03.03 - Guesthouses, of this Ordinance,
shall sunset and are repealed effective as of the date that is five years after the date of this
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via certified letter of the denial of the homestead exemption.
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Ordinance's Effective Date,
Commissioners.
DRAFT 12/2/24
unless extended by Resolution of the Board of County
SECTION SEVEN: 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 2025.
ATTEST:
CRYSTAL K. KINZEL, CLERK
By
, Deputy Clerk
Approved as to form and legality
Derek D. Perry
Assistant County Attorney
o4-cMD-01 077 I _ (_t _125)
24-LDS-00 332t _ (_t J 25)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Burt L. Saunders, Chairman
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