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DSAC Agenda 04/02/2025
• Collier County Growth Management Community Development Department Development Services Advisory Committee Meeting Wednesday, April 02, 2025 3:00 pm 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Community Development Department Conference Room 609/610 Please contact Heather Cartwright-Yilmaz at (239) 252-8389 if you have any questions or wish to meet with staff. Collier County Development Services Advisory Committee Agenda Wednesday, April 02, 2025 3:00 pm 2800 N. Horseshoe Dr., Naples, FL 34104 Growth Management Community Development, Conference Rooms 609/610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a "Speaker Registration Form", list the topic they wish to address, and hand it to the Staff member before the meeting begins. Please wait to be recognized by the Chairman and speak into a microphone. State your name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. 1. Call to order— Chairman 2. Approval of Agenda 3. Approval of Minutes: a. DSAC: 03.05.2025 4. Public Speakers (Page: 10) For more information, please contact Heather Cartwright-Yilmaz at (239) 252-8389 or at Heather.Yilmaz@colliercountyfl.gov Collier County 5. Staff Announcements/Updates a. Manager, Technical Systems Operations — [Kevin Summers] b. Zoning Division — [Mike Bosi] c. Community Planning & Resiliency Division — [Christopher Mason] d. Housing Policy & Economic Development Division — [Cormac Giblin] e. Development Review Division — [Jaime Cook] f. Operations & Regulatory Mgmt. Division — [Michael Stark] g. Building Review & Permitting Division — [John McCormick] h. Collier County Fire Review — [Michael Cruz, Captain] i. North Collier Fire Review — [Chief Sean Lintz or designee] j. Code Enforcement Division — [Thomas landimarino] k. Public Utilities Department — [Matt McLean or designee] I. Transportation Management Services Transportation Engineering Division — [Jay Ahmad or designee] 6. New Business a. PL20250000524 - Publication of Legal Advertisements for Neighborhood Information Meetings LDCA — [Angela Galiano] b. PL20250000235 - Floating Solar Facilities (F.S. 163.32051) LDCA— [Richard Henderlong] c. PL20250000180 - Procedural Inconsistencies, Legal Advertisements, and Land Use Corrections LDCA — [Richard Henderlong] 7. Old Business 8. Committee Member Comments 9. Adjourn FUTURE MEETING DATES: May 07, 2025 — 3:00 PM June 04, 2025 — 3:00 PM July 02, 2025 — 3:00 PM For more information, please contact Heather Cartwright-Yilmaz at (239) 252-8389 or at Heather.Yilmaz@colliercountyfl.gov Collier County LAND DEVELOPMENT CODE AMENDMENT PETITION PL20250000524 ORIGIN Growth Management Community Department (GMCD) HEARING DATES Board TBD CCPC TBD DSAC 04/02/2025 DSAC-LDR 03/18/2025 SUMMARY OF AMENDMENT To amend the Land Development Code (LDC) to allow applicants of land use petitions, which require a Neighborhood Information Meeting (NIM), the option of advertising the NIM on the County Clerk website instead of in a newspaper or other qualifying printed publication. LDC amendments are reviewed by the Board of County Commissioners (Board), Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR). LDC SECTION TO BE AMENDED 10.03.05 Required Methods of Providing Public Notice ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval with recommendations DSAC TBD CCPC TBD BACKGROUND In Florida, the requirement for legal notices and advertisements be provided in newspapers dates to the mid - nineteenth century. The Florida Constitution currently requires that all meetings of a collegial public body, at which official acts are to be taken or public business of such body is to be transacted or discussed, be open to the public and properly noticed. Historically, the method of advertising legal notices has been done using printed versions only. However, Florida law changed in 2012, when Section 50.0211 of the Florida Statutes was created, in part, to also require that legal notices be placed on a newspaper's website on the same day the notice appears in the printed edition, contingent upon a newspaper having and maintaining a website. In 2022, the Florida Statutes were further amended to allow governmental agencies the option of publishing legal notices on a publicly accessible website of a county instead of in a printed newspaper or on a newspaper's website. The publicly accessible website was defined by House of Florida Representatives Bill 7049 as "a county's official website or other private website designated by the county for the publication of legal notices and advertisements that is accessible via the Internet." A governmental agency may use the county's website if the cost of publishing advertisements on the website is less than the cost of publishing in the newspaper. The current cost of advertising an ordinance in the Naples Daily News is approximately $1,008.00, which is markedly higher than advertising on the County Clerk's website— approximately $50.00. Furthermore, some types of Land Development Code amendments (ordinances) require two separate public hearings, which means that two separate printed advertisements are often done. Because the cost of advertising on the County's website is significantly less than the cost of advertising in the newspaper, GMCD staff has begun to systematically advertise ordinances on the County Clerk's website instead of in the newspaper —as a means of reducing the burden to the taxpayers. In 2023, the Board desired to amend the Code of Laws and Ordinances to allow advertisements, publications, and notices to be published on a publicly accessible website, as allowed by Chapter 50 of the Florida Statutes. The Board adopted Ordinance 2023-37, which defined "Publicly accessible website" as "the county's official website or other private website designated by the county for the publication of legal notices and advertisements that is accessible via the Internet." The adopted ordinance also included supporting provisions related to the publication of legal advertisements and public notices. On January 10, 2023, the Board designated the Clerk of the Circuit Court's public notice website as the County's official website for the publication of legal advertisements and G:\LDC Amend ments\Ad viso ry Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000524 Publication of Legal Notice (NIMs) - LDCA (03-21-2025).docx Collier County public notices. In Collier County, there are many types of land use applications that require public hearings, and many of these require the petitioner to conduct a Neighborhood Information Meeting (NIM). The NIM requirement was first established in Collier County in 2001, and the purpose and intent of a NIM is to provide the public with notice of an impending zoning application and to foster communication between the petitioner and the public. The petitioner is required to conduct a NIM at least 15 days prior to the first public hearing. Each time a petitioner conducts a qualifying NIM, they are compelled to publicly notice it by advertising in a newspaper. However, because the County requires the petitioner to conduct a NIM as part of its application process, staff feels it is a reasonable courtesy to allow the petitioner the option of advertising the NIM on the County's website in lieu of advertising in the newspaper, similar to the method used by the County when advertising proposed ordinances, both County -initiated and privately initiated. Advertising on the County's website for an upcoming NIM may provide petitioners a cost savings and added convenience. The County's NIM process and its required advertising are not addressed by the Florida Statutes, and if the Board decides to extend this courtesy to the petitioners, it will be necessary to amend the LDC. DSAC-LDR Subcommittee Recommendation: On March 18, 2025, the DSAC-LDR Subcommittee recommended approval of the LDC amendment, contingent upon 1) removing "on the website" from the proposed administrative code amendment as it relates to when the public notice is first published; and 2) staff verifying that the cited Florida Statutes are correct. FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY There will be no additional fiscal impacts to The proposed LDC amendment has been reviewed by County. To advertise a NIM on the County's Comprehensive Planning staff and may be deemed website, the County Clerk will accept a fee from consistent with the GMP. the petitioner commensurate with the service provided. EXHIBITS: A) Changes to Adminstrative Code; B) County Clerk website; C) F.S. Chapter 50 — Legal and Official Advertisements 2 G:\LDC Amend ments\Ad viso ry Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000524 Publication of Legal Notice (NIMs) - LDCA (03-21-2025).docx DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Amend the LDC as follows: 10.03.05 — Required Methods of Providing Public Notice This section shall establish the required methods of providing public notice. Chapter 8 of the Administrative Code shall establish the public notice procedures for land use petitions. A. Neighborhood Information Meeting (NIM). Neighborhood Information Meetings, when required, shall be held prior to the first public hearing, noticed as follows, and subject to the Rules of Decorum: Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section 10.03.05 B. 2. Publication of Legal Advertisement prior to the NIM. Advertisements for NIMs may be published on the official website of Collier County or in a newspaper in the manner described in F.S. section 50.011 (1). 3. Rules of Decorum. The purpose and intent of a NIM is to provide the public with notice of an impending land use petition and to foster communication between the petitioner and the public. To promote increased participation and convenience to the interested members of the public, all NIMs shall be conducted at a physical location, to allow for in -person attendance, and virtually, utilizing videoconferencing technology. The expectation is that all NIM attendees will conduct themselves in such a manner that their presence will not interfere with the orderly progress of the meeting. The petitioner is encouraged to provide a licensed and qualified security detail for in -person meetings, which will be at the petitioner's expense. If the petitioner or staff determines the NIM cannot be completed due to the disorderly conduct of the members of the public, the petitioner shall have the right to adjourn the NIM but be required to conduct another duly advertised NIM, either in person or via videoconferencing technology, or both, at the petitioner's discretion. B. Mailed Notice. Where required, Mailed Notice shall be sent to property owners in the notification area as follows: a. For areas in the urban designated area of the future land use element of the Growth Management Plan notices shall be sent to all property owners within 500 feet of the property lines of the subject property. b. For all other areas, except areas designated in the Rural Golden Gate Estates Sub -Element or Urban Golden Gate Estates Sub -Elements of the Golden Gate Area Master Plan, notices shall be sent to all property owners within 1,000 feet of the property lines of the subject property. C. For areas designated within the Rural and Urban Golden Gate Estates Sub -Elements of the Golden Gate Area Master Plan, notices shall be sent to all property owners within one mile of the subject property lines, except 3 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000524 Publication of Legal Notice (NIMs) - LDCA (03-21-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted for Estates (E) zoned variance applications, which shall be 1,000 feet of the subject property lines. d. Notices shall also be sent to property owners and condominium and civic associations whose members may be impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations must be provided and maintained by the County, but the applicant must bear the responsibility of ensuring that all parties are notified. 2. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County. Unless required by F.S. § 125.66(4), the mailed notice is a courtesy only and is not jurisdictional. Accordingly, provided a good faith attempt for mailed notice is made, failure to mail or to timely mail the notice or failure of an affected property owner to receive mailed notice will not constitute a defect in notice or bar the public hearing as scheduled. C. Lice al Advertisement. 1. In accordance with F.S. § 125.66 and 50.0311. D. Posting of Signage. Where required, signs shall be posted 15 days prior to the first advertised public hearing pursuant to the Administrative Code. E. Agent Letter. Where required, an informational letter shall be sent by the owner or Agent to property owners within 150 feet of the area covered by the petition following the initial staff review comments for the petition and prior to the resubmittal of the petition to the County. # # # # # # # # # # # # # 2 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000524 Publication of Legal Notice (NIMs) - LDCA (03-21-2025).docx Exhibit A — Changes to Administrative Code Collier County Land Development Code I Administrative Procedures Manual Chapter 8/ Public Notice B. Neighborhood Information Meeting Purpose and Intent The purpose and intent of a Neighborhood Information Meeting ("NIM") is to provide the public with notice of an impending zoning application and to foster communication between the petitioner and the public. Applicability 1. A NIM shall be conducted when: a. The initial staff review and comment period on the application have been completed; and b. At least 15 days before the first public hearing is held, whether it is the Planning Commission, Hearing Examiner, the BCC, or the BZA. 2. In addition to the above, the following shall also apply for small-scale amendments and other site -specific comprehensive plan amendments: a. The NIM is required before the Planning Commission transmittal hearing. b. A second NIM is required if the County Manager or designee determines that a substantial change has occurred to a proposed site - specific comprehensive plan amendment following the BCC's transmittal hearing. The applicant must hold the second NIM before the Planning Commission adoption hearing. 3. If the applicant's petition activity extends beyond 1 year from the date of the first NIM, a second NIM will be required and shall be noticed in accordance with this chapter. Notice The NIM shall be noticed as follows: Requirements 1. Mailed Notice: Written notice shall be sent to property owners in notification area at least 15 days before the NIM meeting. a. The applicant shall also provide written notice of the NIM to property owners, condominium, and civic associations whose members may be affected by the proposed land use change and who have formally requested the County to be notified. Each mailed notice shall contain the following: "The purpose and intent of this Neighborhood Information Meeting is to provide the public with notice of an impending zoning application and to foster communication between the applicant and the public. The expectation is that all attendees will conduct themselves in such a manner that their presence will not interfere with the orderly progress of the meeting." 5 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000524 Publication of Legal Notice (NIMs) - LDCA (03-21-2025).docx Exhibit A — Changes to Administrative Code 2. Legal Advertisement: The legal advertisement shall be published at least 15 days before the NIM meeting. The advertisement shall include at a minimum: a. Date, time, and location of the NIM meeting; b. Petition name, number and applicant contact info; c. Purpose of the NIM meeting; d. Description of the proposed land uses; and e. 2 in. x 3 in. map of the project location. f. Date on which the advertisement or public notice was first published. Location The applicant must arrange the location of the meeting. To promote increased participation and convenience to the interested members of the public, all NIMs shall be conducted at a physical location, to allow for in -person attendance, and virtually, utilizing videoconferencing technology. The in -person location must be reasonably convenient to the property owners who receive the required notice. The facilities must be of sufficient size to accommodate the expected attendance. Conduct of 1. Conduct of Meeting: A Collier County staff planner or designee shall attend the NIM Meeting and and record all commitments made by the applicant during the meeting while Decorum remaining neutral and providing clarification regardingthe next stepsthe petition must follow in the review process, including the anticipated future public hearings that are associated with the petition. The applicant shall make a presentation of how they intend to develop the subject property. The applicant is required to record the NIM proceedings and provide an audible audio/video copy to the Zoning Division, including a written summary. When video conferencing is used, it must have the capability to capture the written comments from the attendees. These written comments will be included in the written summary of the NIM. The applicant must provide the following at the NIM for review and comment, including but not limited to: a. The proposed uses and density/intensity of the project; b. The proposed Master Plan, when applicable; and c. The current LDC zoning district uses and development regulations. Decorum: The expectation is that all NIM attendees will conduct themselves in such manner that their presence will not interfere with the orderly progress of the meeting. For in -person meetings, the applicant is encouraged to provide a licensed and qualified security detail, which will be at the applicant's expense. If the applicant or staff planner determines the NIM cannot be completed due to the disorderly conduct of the members of the public, the applicant shall have the right to adjourn the NIM but be required to conduct another duly advertised NIM, either in -person or via videoconferencing technology, or both, at the applicant's discretion. 6 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000524 Publication of Legal Notice (NIMs) - LDCA (03-21-2025).docx Exhibit A — Changes to Administrative Code Meeting Follow- 1. After a NIM is completed, the applicant will submit a written summary of the NIM Up and any commitments that have been made to the assigned planner. These commitments will: a. Become part of the record of the proceedings; b. Be included in the staff report for any subsequent review and approval bodies; and c. Be considered for inclusion in the conditions of approval of any applicable development order. 2. The County staff planner or designee shall promptly post the written summary and audio/video recording of the NIM to the County's website for public inspection. Updated Resolution 2023-211 D. Legal Advertisement Applicability For applicable land use petitions, the legal advertisement shall be as follows. A copy of the legal advertisement shall be kept available for public inspection during regular business hours of the Office of Clerk to the Board of County Commissioners. The notice of proposed enactment shall include where the proposed ordinance or resolution may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance or resolution. Placement and The legal advertisement shall be published at least 15 days before each advertised public Content hearing or on the official website of Collier County, as prescribed in F.S. section 50.011. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Petition name, number and applicant contact info; c. Description of the proposed land uses; and d. 2 in. x 3 in. map of the project location, as applicable. e. Date on which the advertisement or public notice was first published. Updated 2025-### 7 GALDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000524 Publication of Legal Notice (NIMs) - LDCA (03-21-2025).docx Exhibit B — County Clerk's Website COLLIER LEGAL NOTICES 7 2j : 1 Board of County kuafnoss ;.Pool City of Naples Lwnmissionas Es[imatw 3 9 2 Collier County taGUuc6on M, Miswlitrrxcws Public Schools New-d � 7 Planning 5pecia I Dnurkc Commiseioii COLLIER LEGAL NOTICES COLLIER LEGAL NOTICES You, source for Public Informatlon in Coll:vr County Legal Nollce Search: search Results; Search... aar kkovi er sari, tllnm - EIm1R ki rl* 8pmtt iogm E Eu Your Source for Public Information in Collier County Home About k Search Notim - Contact Vs IAQs Seiscnhe Login E EN E Mablle Frrad Truck 5396 Myrtle Ln (Small 11760 Tamlaml Trall East 3010 Tamlaml Trl E Parks-Moblle Food —Ie &(P11DR) (Small S.I. GMPA)& (M11P) (PLZO220006931) ❑Ispensing Vehlcles 23001 (PL2033016211& lRZ)[PL20220005822] (OltM/2025) Heweu ILOGA]... 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Chapter 50 — Legal and Official Advertisements The 2024 Florida Statutes Title VI Chapter 50 View Entire Chapter CIVIL PRACTICE AND PROCEDURE LEGAL AND OFFICIAL ADVERTISEMENTS CHAPTER 50 LEGAL AND OFFICIAL ADVERTISEMENTS 50.011 Publication of legal notices. 50.021 Publication when no newspaper in county. 50.0211 Internet website publication. 50.031 Newspapers in which legal notices and process may be published. 50.0311 Publication of advertisements and public notices on a publicly accessible website and governmental access channels. 50.041 Proof of publication; uniform affidavits required. 50.051 Proof of publication; form of uniform affidavit. 50.061 Amounts chargeable. 50.0711 Court docket fund; service charges; publications. 50.011 Publication of legal notices. —Whenever by statute an official or legal advertisement or a publication or notice in a newspaper or on a governmental agency website has been or is directed or permitted in the nature of or in lieu of process, or for constructive service, or in initiating, assuming, reviewing, exercising, or enforcing jurisdiction or power, or for any purpose, including all legal notices and advertisements of sheriffs and tax collectors, such legislation, whether existing or repealed, means either of the following: (1) A publication in a newspaper printed and published periodically at least once a week, containing at least 25 percent of its words in the English language, available to the public generally for the publication of official or other notices and customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public, which: (a) Has an audience consisting of at least 10 percent of the households in the county or municipality, as determined by the most recent decennial census, where the legal or public notice is being published or posted, by calculating the combination of the total of the number of print copies reflecting the day of highest print circulation, of which at least 25 percent of such print copies must be delivered to individuals' home or business addresses, as certified biennially by a certified independent third -party auditor, and the total number of online unique monthly visitors to the newspaper's website from within the state, as measured by industry -accepted website analytics software. The newspaper must also be sold, or otherwise available to the public, at no less than 10 publicly accessible outlets. For legal and public notices published by nongovernmental entities, the newspaper's audience in the county or municipality where the project, property, or other primary subject of the notice is located must meet the 10 percent threshold; or (b) Is entered or qualified to be admitted and entered as periodical class mail at a post office in the county where published. (2) A publication on a publicly accessible website under s. 50.0311. History—s. 2, ch. 3022, 1877; RS 1296; GS 1727; s. 1, ch. 5610, 1907; RGS 2942; s. 1, ch. 12104, 1927; CGL 4666, 4901; s. 1, ch. 63-387; s. 6, ch. 67-254; s. 21, ch. 99-2; s. 1, ch. 2021-17; s. 1, ch. 2022-103. Note. — Former s. 49.01. www.leg.state.4.uslstatuteslindex.cfm?App_mode=Display Statute&URL=0000-0099/0050l0050.html 9 115 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000524 Publication of Legal Notice (NIMs) - LDCA (03-21-2025).docx Exhibit C — F.S. Chapter 50 — Legal and Official Advertisements 1 f31125, 9:43 AM Statutes & Constitution :View Statutes : Online Sunshine 50.021 Publication when no newspaper in county. —When any law, or order or decree of court, directs advertisements to be made in a county and there is no newspaper published in the county, the advertisement may be published on a publicly accessible website as provided in s. 50.0311 or made by posting three copies thereof in three different places in the county, one of which shall be at the front door of the courthouse, and by publication in the nearest county in which a newspaper qualified Lander this chapter is published. History.—RS 1297; GS 1728; RGS 2943; CGL 4667; s. 6, ch. 67-254; s. 2, ch. 2021-17; s. 2, ch. 2022-103. Note. —Former s. 49.02. 50.0211 Internet website publication.— (1) This section applies to legal notices that must be published in accordance with this chapter unless otherwise specified. (2) If a governmental agency publishes a legal notice in the print edition of a newspaper, each legal notice must be published on the newspaper's website on the same day that the printed notice appears in the newspaper, at no additional charge, in a separate web page titled "Legal Notices," "Legal Advertising," or comparable identifying language. A link to the legal notices web page shall be provided on the front page of the newspaper's website that provides access to the legal notices. If there is a specified size and placement required for a printed legal notice, the size and placement of the notice on the newspaper's website must optimize its online visibility in keeping with the print requirements. The newspaper's web pages that contain legal notices must present the legal notices as the dominant and leading subject matter of those pages. The newspaper's website must contain a search function to facilitate searching the legal notices. A fee may not be charged, and registration may not be required, for viewing or searching legal notices on a newspaper's website if the legal notice is published in a newspaper. (3)(a) If a legal notice is published in the print edition of a newspaper, the newspaper publishing the notice shall place the notice on the statewide website established and maintained as an initiative of the Florida Press Association as a repository for such notices located at the following address: www.ftoridapubticnotices.com. (b) A legal notice placed on the statewide website created under this subsection must be: 1. Accessible and searchahle by party name and case number. 2. Published for a period of at least 90 consecutive days after the first day of publication. (c) The statewide website created under this subsection shall maintain a searchable archive of all legal notices published on the publicly accessible website for 18 months after the first day of publication. Such searchable archive shall be provided and accessible to the general public without charge. History.—s. 1, ch. 2012-212; s. 1, ch. 2014-210; s. 3, ch. 2021-17; s. 3, ch. 2022-4; s. 3, ch. 2022-103. 50.031 Newspapers in which legal notices and process may be published. —If a governmental agency publishes a legal notice in a newspaper, no notice or publication required to be published in the nature of or in lieu of process of any kind, nature, character, or description provided for under any law of the state, whether heretofore or hereafter enacted, and whether pertaining to constructive service, or the initiating, assuming, reviewing, exercising, or enforcing jurisdiction or power, by any court in this state, or any notice of sale of property, real or personal, for taxes, state, county, or municipal, or sheriff's, guardian's, or administrator's or any sale made pursuant to any judicial order, decree, or statute or any other publication or notice pertaining to any affairs of the state, or any county, municipality, or other political subdivision thereof, shall be deemed to have been published in accordance with the statutes providing for such publication, unless the same shall have been published for the prescribed period of time required for such publication, in a newspaper which at the time of such publication shall have been in existence for 2 years and meets the requirements set forth in s. 50.011, or in a newspaper which is a direct successor of a newspaper which has been so published; provided, however, that nothing herein contained shall apply where in any county there shall be no newspaper in existence which shall have been published for the length of time above prescribed. No legal publication of any kind, nature, or description, as herein defined, shall be valid or binding or held to be in compliance with the statutes providing for such publication unless the same shall have been published in accordance with this section or s. 50.0311. Proof of such publication shall be made by uniform affidavit. www.leg.state.fl.uslstatutesiindex.cfrn?App mode=Display_Statute&URL=0000-0099/0050/0050.htmI IV P761 GALDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000524 Publication of Legal Notice (NIMs) - LDCA (03-21-2025).docx Exhibit C — F.S. Chapter 50 — Legal and Official Advertisements I f31125, 9:43 AM Statutes & Constitution :View Statutes : Online Sunshine History.—ss. 1-3, ch. 14830, 1931; CGL 1936 Supp. 4274(1); s. 7, ch. 22858, 1945; s. 6, ch. 67-254; s. 1, ch. 74-221; s. 22, ch. 99-2; S. 4, ch. 2021-17; s. 4, ch. 2022-103. Note. —Former s. 49.03. 50.0311 Publication of advertisements and public notices on a publicly accessible website and governmental access channels.— (1) For purposes of this chapter, the term "governmental agency" means a county, municipality, school board, or other unit of local government or political subdivision in this state. (2) For purposes of notices and advertisements required under s. 50.011, the term "publicly accessible website" means a county's official website or other private website designated by the county for the publication of legal notices and advertisements that is accessible via the Internet. All advertisements and public notices published on a website as provided in this chapter must be in searchable form and indicate the date on which the advertisement or public notice was first published on the website. (3) A governmental agency may use the publiciy accessible website of the county in which it lies to publish legally required advertisements and public notices if the cost of publishing advertisements and public notices on such website is less than the cost of publishing advertisements and public notices in a newspaper. (4) A governmental agency with at least 75 percent of its population located within a county with a population of fewer than 160,000 may use a publicly accessible website to publish legally required advertisements and public notices only if the governing body of the governmental agency, at a public hearing that has been noticed in a newspaper as provided in this chapter, determines that the residents of the governmental agency have sufficient access to the Internet by broadband service, as defined in s. 364.02, or by any other means, such that publishing advertisements and public notices on a publicly accessible website will not unreasonably restrict public access. (5) A special district spanning the geographic boundaries of more than one county that satisfies the criteria for publishing and chooses to publish legally required advertisements and public notices on a publicly accessible website must publish such advertisements and public notices on the publicly accessible website of each county it spans. For purposes of this subsection, the term "special district" has the same meaning as in s. 189.012. (6) A governmental agency that uses a publicly accessible website to publish legally required advertisements and public notices shall provide notice at least once per year in a newspaper of general circulation or another publication that is mailed or delivered to all residents and property owners throughout the government's jurisdiction, indicating that property owners and residents may receive legally required advertisements and public notices from the governmental agency by first-class mail or e-mail upon registering their name and address or e- mail address with the governmental agency. The governmental agency shall maintain a registry of names, addresses, and e-mail addresses of property owners and residents who have requested in writing that they receive legally required advertisements and public notices from the governmental agency by first-class mail or e-mail. (7) A link to advertisements and public notices published on a publicly accessible website shall be conspicuously placed: (a) On the website's homepage or on a page accessible through a direct link from the homepage. (b) On the homepage of the website of each governmental agency publishing notices on the publicly accessible website or on a page accessible through a direct link from the homepage. (8) A governmental agency that has a governmental access channel authorized under s. 610.109 may also include on its governmental access channel a summary of all advertisements and public notices that are published on a publicly accessible website. (9) A public bid advertisement made by a governmental agency on a publicly accessible website must include a method to accept electronic bids. History.—s. 5, ch. 2022-103. 50.041 Proof of publication; uniform affidavits required.— (1) All affidavits made for the purpose of establishing proof of publication of public notices or legal advertisements shall be uniform throughout the state. www leg.state.fl.uslstatuteslindex.cfm?App_mode=Display_Statute&URL=D000-00991005010050.htmI 11 3/5 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000524 Publication of Legal Notice (NIMs) - LDCA (03-21-2025).docx Exhibit C — F.S. Chapter 50 — Legal and Official Advertisements 1 f31125, 9:43 AM Statutes & Constitution :View Statutes Online Sunshine (2) Each such affidavit shall be printed upon white paper and shall be 81/2 inches in width and of convenient length, not less than 51/2 inches. A white margin of not less than 21/2 inches shall be left at the right side of each affidavit form and upon or in this space shall be substantially pasted a clipping which shall be a true copy of the public notice or legal advertisement for which proof is executed. Alternatively, the affidavit may be provided in electronic rather than paper form, provided the notarization of the affidavit complies with the requirements of s. 117.021. (3) There may be a charge not to exceed $2 levied for the preparation and execution of each such proof of publication or affidavit. History.—s. 1, ch. 19290, 1939; CGL 1940 Supp. 4668(f ); s. 1, ch. 63-49; s. 26, ch. 67-254; s. 1, ch. 76-58; s. 2, ch. 2012-212; S. 5, ch. 2021-1T Note. —Former s. 49.04. 50.051 Proof of publication; form of uniform affidavit. —The printed form upon which all such affidavits establishing proof of publication are to be executed shall be substantially as follows: NAME OF COUNTY STATE OF FLORIDA COUNTY OF : Before the undersigned authority personally appeared , who on oath says that he or she is of County, Florida; that the attached copy of advertisement, being a in the matter of in the Court, was published on the publicly accessible website of County, Florida, or in a newspaper by print in the issues of on date). Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Sworn to and subscribed before me this day of ear , by , who is personally known to me or who has produced )type of identification) as identification. _jSfpnature of Notary. Publicl_ )Priest Typ_ or Stamp Commissioned Name of Notary. Public) fNotary Public) History.—s. 2, ch. 19290, 1939; CGL 1940 Supp. 4668(2); s. 6, ch. 67-254; s. 1, ch. 93-62; s. 291, ch. 95-147; s. 23, ch. 99-2; s. 3, ch. 99- 6; s. 6, ch. 2021-17; s. 6, ch. 2022-103. Note. —Former s. 49.05. 50.061 Amounts chargeable.— (1) The publisher of any newspaper publishing any and all official public notices or legal advertisements shall charge therefor the rates specified in this section without rebate, commission or refund. (2) The charge for publishing each such official public notice or legal advertisement shall be 70 cents per square inch for the first insertion and 40 cents per square inch for each subsequent insertion, except that government notices required to be published more than once, the cost of which is paid for by the government and not paid in advance by or allowed to be recouped from private parties, may not be charged for the second and successive insertions at a rate greater than 85 percent of the original rate. (3) Where the regular established minimum commercial rate per square inch of the newspaper publishing such official public notices or legal advertisements is in excess of the rate herein stipulated, said minimum commercial rate per square inch may be charged for all such legal advertisements or official public notices for each insertion, except that government notices required to be published more than once, the cost of which is paid for by the government and not paid in advance by or allowed to be recouped from private parties, may not be charged for the second and successive insertions at a rate greater than 85 percent of the original rate. www.leg.state.fl.us/statuteslindex.cfm?App mode=Display_Statute&URL=0000-00991C05010050.html 4/5 GALDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000524 Publication of Legal Notice (NIMs) - LDCA (03-21-2025).docx Exhibit C — F.S. Chapter 50 — Legal and Official Advertisements 1131125, 9:43 AM Statutes & Constitution :View Statutes : Online Sunshine (4) A governmental agency publishing an official public notice or legal advertisement may procure publication by soliciting and accepting written bids from newspapers published in the county, in which case the specified charges in this section do not apply. (5) If the public notice is published in the print edition of a newspaper, the publishing of the notice on the newspaper's website pursuant to s. 50.0211(2) must be done at no additional charge. (6) All official public notices and legal advertisements shall be charged and paid for on the basis of 6-point type on 6-paint body, unless otherwise specified by statute. (7) Any person violating this section, either by allowing or accepting any rebate, commission, or refund, commits a misdemeanor of the second degree, punishable as provided in S. 775.082 or s. 775.083. (8) Failure to charge the rates prescribed by this section shall in no way affect the validity of any official public notice or legal advertisement and shall not subject same to legal attack upon such grounds. History.—s. 3, ch. 3022, 1877; IRS 1298; G5 1729; RGS 2944; s. 1, ch. 12215, 1927; CGL 4668; ss. 1, 2, 2A, 2133 ch. 20264, 1941; s. 1, ch. 23663, 1947; s. 1, ch. 57-160; s. 1, ch. 63-50; s. 1, ch. 65-569; s. 6, ch. 67-254; s. 15, ch. 71-136; s. 35, ch. 73-332; s. 1, ch. 90-279; s. 3, ch. 2012-212; s. 2, ch. 2014-210; s. 7, ch. 2021-17; s. 7, ch. 2022-103. Note. —Former s. 49.06. 50.0711 Court docket fund; service charges; publications.— (1) The clerk of the court in each county may establish a court docket fund for the purpose of paying the cost of publication of the fact of the filing of any civil case in the circuit court of the county by the style and of the calendar relating to such cases. This court docket fund shall be funded by $1 mandatory court cost for all civil actions, suits, or proceedings filed in the circuit court of the county. The clerk shall maintain such funds separate and apart, and the proceeds from this court cost shall not be diverted to any other fund or for any purpose other than that established in this section. The clerk of the court shall dispense the fund to the designated publicly accessible website publisher or record newspaper in the county on a quarterly basis. (2) If a judicial circuit publishes legal notices in a newspaper, a newspaper qualified under the terms of s. 50.011 shall be designated as the record newspaper for such publication by an order of the majority of the judges in the judicial circuit in which such county is located, and such order shall be filed and recorded with the clerk of the circuit court for such county. The designated record newspaper may be changed at the end of any fiscal year of the county by a majority vote of the judges of the judicial circuit of the county ordering such change 30 days prior to the end of the fiscal year, notice of which order shall be given to the previously designated record newspaper. (3) The publicly accessible website publisher or publishers of any designated record newspapers receiving payment from this court docket fund shall publish, without additional charge, the fact of the filing of any civil case, suit, or action filed in such county in the circuit. Such publication shall be in accordance with a schedule agreed upon between the website publisher or record newspaper and the clerk of the court in such county. (4) The publicly accessible website publisher or publishers of any designated record newspapers receiving revenues from the court docket fund established in subsection (1) shall, without charge, accept legal advertisements for the purpose of service of process by publication under s. 49.011(4), (10), and (11) when such publication is required of persons authorized to proceed as indigent persons under s. 57.081. History.—s. 46, ch. 2004-265; s. 8, ch. 2022-103. Copyright © 1995-2025 The Florida Legislature • Privacy Statement • Contact Us 13 GALDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000524 Publication of Legal Notice (NIMs) - LDCA (03-21-2025).docx Collier County LAND DEVELOPMENT CODE AMENDMENT PETITION PL20250000235 ORIGIN Growth Management Community Department (GMCD) HEARING DATES SUMMARY OF AMENDMENT To comply with F.S. 163.32051 and promote the development of renewable energy, this Land Development Code amendment (LDC) shall allow the siting of "floating solar facilities" as an appropriate use of water and land areas. They are typically located on wastewater treatment ponds, stormwater treatment ponds, reclaimed water ponds, abandoned mines., and other water storage reservoirs. The amendment proposes these types of solar facilities as a permitted use in the Rural Agricultural (A), Public Use (P), and Community Facility (CF) Zoning Districts and as an accessory use in Commercial and Industrial Zoning Districts. LDC SECTION TO BE AMENDED Board TBD 1.08.02 Definitions CCPC TBD 2.03.01 Agricultural Districts DSAC 04/02/2025 2.03.03 Commercial Zoning Districts DSAC-LDR 03/18/2025 2.03.04 Industrial Zoning Districts 2.03.05 Civic and Institutional Zoning Districts 5.03.08 Floating Solar Facilities (New Section) ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC Approval with changes TBD TBD BACKGROUND The Florida legislature found that "Floating solar facilities" (FSF), also known as "floatovoltaics," represents a technology that involves installing solar panels on floating platforms or floating independently, and which can be an effective tool in harnessing energy in bodies of water that have been permitted for storage. "Floating solar facilities" are defined by the State in F.S.163.3205 (2) as "... a solar facility which is located on wastewater treatment ponds, abandoned limerock mine areas, stormwater treatment ponds, reclaimed water ponds, or other water storage reservoirs". They are a production facility for electric power, electricity -generating solar panels, affixed to a buoyant structure that keeps them above the surface of the water, and anchored at the bottom and/or to the water body's bank. Lakes, basins, and man-made bodies of water, such as reservoirs, are appropriate locations for floating solar, because the waters are calm compared to the ocean, rivers, or Gulf of Americas. Useful at any scale for man-made bodies of water, they are subject to physical water bodies limits and the proximity to the electric grid. F.S. 163.32051, became effective law on July 1, 2022, and requires local governments to cite these facilities as appropriate uses of water and land areas in their local planning process. The statute stipulates the adoption is to "...promote the use of floating solar facilities by requiring each local government to allow these facilities as a permitted use under certain conditions and amend its land development requirements to promote and expand the use of floating solar facilities." Pursuant to F.S. 163.32051(b), the legislature found that siting floating solar facilities "...are beneficial uses of those areas for many reasons, including the fact that the water has a cooling effect on the solar panels, which can boost power production, and the fact that the panels help decrease the amount of water lost to evaporation and the formation of harmful algal blooms." Further, Florida Statutes allows local governments to adopt appropriate standards related to setbacks and buffering, provided that the new standards do not exceed those which are required for similar uses in areas zoned for agricultural uses (see Exhibits A and B). G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx Collier County Floating solar photovoltaics (FPV) are a relatively new use and an emerging industry, requiring responsible siting of solar energy development and an appropriate use of land. An objective of this amendment is to improve and identify appropriate siting locations and avoid areas of potential conflict, such as lands designated for conservation or preservation, including but not limited to an Everglades Agricultural Area reservoir project, or Florida's 404 General Permitting program for Water -Based Renewable Energy Generation Pilot Projects. Because the shading from panels can affect photosynthesis in aquatic plants, their location requires careful consideration and placement to avoid potential aquatic plant disruption. In additinon, FPVs should not compete with lands used for other purposes, such as productive crop and pasture lands. They assist to retain the economic viability of agriculture and other predominantly rural land areas that do not compete for agriculture, industrial, or residental lands. It is easier to find sites near densely populated areas. Lack of land costs are an added advantage of floating solar systems with fewer competeing uses for development of water bodies, resulting in decreased water evaporation, anticipated lower leasing costs for the solar field when own by a property owner. These type of solar facilities, primarily shift solar energy's increasing demand for land to water, making them more reasonable areas with high land values or strong land conservation policies. FPV installation costs are similar to that of land -based installations, but improved efficiency, energy density, and location availability, with lower site costs (little, if any, land clearing and service access roadway construction), and with an added public benefit of water conservation. Research studies demonstrate the water's cooling effect boosts performance of solar panels. The panels are known to convert sunlight more efficiently when cooler, and are estimated to be 5-15% more energy efficient than land based solar panels. A typical installation on man-made bodies of water is comprised of the following components; floating solar panels, combiner boxes, inverters, mooring systems, electrical cabling to transmit generated electricity to inverters and grid connection points on land (See recent Duke Energy, Florida installations and FPV scematic- Exhibit Q. According to current industry practice, FPV installations, face fewer shading issues than ground -mounted systems, since the water surface is flat and systems are often distant from buildings or vegetation. During the planning stage phase, the issue of locating systems further away from bodies of water that are regularly visited by seabirds, help to avoid potential productivity losses. Bird deterrence systems can be deployed and adequate barrier methods are needed to manage animal activities and prevent animal visits. The positioning of FPV panels are at a lower tilt angle than their land -based counterparts, which allows for panel rows to be spaced much closer to one another. The benefits and siting of FPV relate to land conservation, reduced site -preparation costs, evaporation losses, integrated aquaculture activities, and lessening the demand for cost expensive traditional ground mounted solar facilities. To assure long term successful utilization, FPV maintenance and maintenance plans should be a submittal requirement prior to the issuance of permits. Staff recommends an biennial inspection of the anchor and measurement of tension of mooring line to be done as part of the preventive maintenance plan. When inverters are installed on land, they should be installed under shelter and periodic checks for signs of humidity, corrosion, or water ingress. Back up batteries are warranted pursuant to the manufacturer's warranty. According to the most recent literature, the life span of this type of solar facilities range from 20 to 25 years. For this reason, a decommission plan should be considered that would replace the system at the end of its useful life cycle, including recycling the disassembled materials. For FPV, the administrative code will be amended to address application and site development plan requirements related to panel type, spacing and sizes, location, minimum project size, distance to existing transmission lines and abutting residential uses, water depths, anchoring/mooring system, methods to minimize animal or avian visits, setbacks, buffers and landscaping, and decommissioning plan at end of system performance period. Staff will utilize the recommended assessment of siting and siting characteristices that are derived from the 2019 report produced by the World Bank Group, ESMAP( Energy Sector Management Assistance Program) and SERIS (Solar Energy Research Institute of Signapore). Where Sun Meets Water: Floating Solar Handbook for Practitioners. Washington, DC. See Exhibit D. 2 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx Collier County Depending on the location of a water body, further environmental impact assessment may be necessary to evaluate potential effects on marine life and the ecosystems. To understand how floating solar facilities can potentially impact water quality, staff recommends implementing a water quality monitoring program starting with a baseline sampling, prior to installation, and subsequent routine sampling of the water body. The data will provide a better understanding of water quality impacts, if any, resulting from these floating solar facilities power generating plants that will provide information to guide decisions regarding deployment. Policy 1.2.4 of the Immokalee Area Master Plan, states the County must initiate amendments to the LDC that allow agricultural facilities and apparatuses associated with an alternative energy use. These uses will be allowed on properties zoned (A) Agricultural, within the Low Residential Subdistrict land use designation. This amendment serves to implement the policy and support the economic importance of agriculture. Building permits shall be obtained for construction of any structures and/or improvements to the extent required by the Florida Building Code. In the review article, "An interdisciplinary literature review of floating solar power plants"*, the authors conducted a scan and review analysis of existing floating solar related publications (over 900) comprehensively as of October 2024. They scrutinized the FPV literature, dividing them into three main aspects: how FPV design has evolved to support PV panels, how computational and experimental modelling techniques have been use to evaluate and optimize the designs, and interactions between FPV and the water environment. It found that "the design for FPV structures has not yet been standardized and currently no universally accepted set of guidelines or specifications for designing FPV structures" exits. Therefore this LDC amendment does not address the design of FSF and instead focuses upon land use, deployment and installation, long term maintenance and replacement, and environmental interaction. DSAC-LDR Subcommittee Recommendation: On March 18, 2025, the subcommittee recommended approval with the following changes: reword "Gulf of Mexico" to "Gulf of America", require the permitted use in Agriculture zoning district to state "to be subject to requirements of LDC section 5.03.08.", consider adding residential zoning districts for approval through the conditional use process, strike number 8 the requirement for fencing, add text that address operations, maintenance and emergency repairs in addition to the deployment and installation plan, and create a new subsection `B" that will allow an applicant to request waivers through the conditional use process. FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY A Business Impact Estimate is not required The proposed LDC amendment has been reviewed by for this LDC amendment because it is in Comprehensive Planning staff and may be deemed compliance with state law, F.S. 125.66 (3) consistent with the GMP. (c). EXHIBITS: A) F.S.163.32051 Floating solar facitilies, B) F.S. 163.3205 Solar facility approval process, C) Examples of Floating solar facilities, D) Siting Assessment and Characteristics *" An Interdisciplinary Literature Review of Floating Solar Power Plants", Renewable and Sustainable Energy Reviews 209 (2025) 115094. Published by Elsevier, Ltd. https://doi.org/10. 1016/j.rser.2024.115094 3 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Amend the LDC as follows: 1.08.02 Definitions Text underlined is new text to be added Text strikethrough s Gurrent text to be deleted Fire station services, ancillary. Fire protection activities imperative to carry out the purposes of a government establishment primarily engaged in firefighting, such as fire training camps, but which is not required to be located at a fire station for that fire station to serve its function. However, services designed to repair any firefighting equipment is not an ancillary fire station service. Floatinq solar facility: A solar facility as defined in Section 163.3205(2), Florida Statutes, as amended, which is located on wastewater treatment ponds, abandoned limerock mine areas, stormwater treatment ponds, reclaimed water ponds, or other water storage reservoirs. A solar floating facility does not require any significant modification of drainage, flora or fauna, littoral zone and dissolved oxygen for aquatic species survival at the site. Buffer and landscaping reauirements shall be in conformance with the underlvina zonina district. Flood: A general and temporary condition of partial or complete inundation of normally dry land area from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source. * * * * * * * * ** * * * * # # # # # # # # # # # # # 2.03.01 - Agricultural Districts. A. 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 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). a. Permitted uses 4 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 L11T-1121 Text underlined is new text to be added * * * * * * * * * * * 9. Essential services, as set forth in section 2.01.03. 10. Schools, public, including "Educational plants. 11. Floating solar facility, except in conservation and/or preservation designated areas and subject to LDC section 5.03.08. B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). a. Permitted uses. 1. Single-family dwelling. 2. Family care facilities, subject to LDC section 5.05.04. 3. Essential services, as set forth in LDC section 2.01.03. 4. Educational plants, as an essential service. 5. Floating solar facilities, subject to LDC section 5.03.08. # # # # # # # # # # # # # 2.03.03 - Commercial Zoning Districts A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will 5 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx L11T-1121 Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter -jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office -based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. * * * * * * * * * * * * * b. Accessory uses. 2. Caretaker's residence, subject to LDC section 5.03.05 3. Floating solar facility, subject to LDC section 5.03.08. * * * * * * * * * * * * * # # # # # # # # # # # # # B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the Iocational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 6 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 1 The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. * * * * * * * * * * b. Accessory uses. * * * * * * * * * * * * * 4. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to LDC section 4.02.12. 5. Floatina solar facilitv. subiect to LDC section 5.03.08. * * * * * * * * * * * * * # # # # # # # # # # # # # C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). * * * * * * * * * * * * * b. Accessory Uses. 7 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. 4. Floating solar facility, subject to LDC section 5.03.08. * * * * * * * * * * * # # # # # # # # # # # D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). b. Accessory Uses. 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. 4. Floating solar facility, subject to LDC section 5.03.08. * * * * * * * * * * * * * # # # # # # # # # # # # # E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct 8 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strikethrough is Gurrent text to be deleted of the business. The C-5 district permits heavy commercial services such as full -service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). b. Accessory Uses. 3. Temporary display of merchandise during business hours, provided it does not adversely affect pedestrian or vehicular traffic or public health or safety. Merchandise storage and display is prohibited within any front yard; allowed within the side and rear yards of lots. 4. Floating solar facility, subject to LDC section 5.03.08. * * * * * * * * * * * * * F. Travel Trailer -Recreational Vehicle Campground District (TTRVC). * * * * * * * * * * * * * 2. The following uses are permissible by right, or as accessory or conditional uses within the travel trailer -recreational vehicle campground district (TTRVC). b. Accessory Uses. 5. Campgrounds containing 100 spaces or more shall be permitted a convenience commercial facility no greater than 15,000 square feet in total land area. This facility shall provide for the exclusive sale of convenience items to park patrons only, and shall present no visible evidence of their commercial character, including signage and 9 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added lighting, from any public or private street or right-of-way external to the park. 6. Floating solar facility, subject to LDC section 5.03.08. 2.03.04 - Industrial Zoning Districts A. Industrial District (1). The purpose and intent of the industrial district (1) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (1). b. Accessory uses. 5. Recreational vehicle campground and ancillary support facilities when in conjunction with vehicle racing - applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1. - C.6. of this Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy- two (72) consecutive hours. 6. Floating solar facility, subject to LDC section 5.03.08. B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park -like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban -industrial districts of the future land use element of the Collier County GMP. 10 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the business park district. * * * * * * * * * * * * * C. Accessory uses to permitted primary and secondary uses: * * * * * * * * * * * * * 5. Recreational vehicle campground and ancillary support facilities when in conjunction with vehicle racing - applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1. - C.6. of this Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy- two consecutive hours. 6. Floating solar facility, subject to LDC section 5.03.08. * * * * * * * * * * * * * # # # # # # # # # # # # # 2.03.05 - Civic and Institutional Zoning Districts A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. 1. Any public facilities that lawfully existed prior to the effective date of this Code and that are not zoned for public use district (P) are determined to be conforming with these zoning regulations. 2. Any future expansion of these public facilities on lands previously reserved for their use shall be required to meet the regulations in effect for the zoning district in which the public facility is located. 3. Government -owned properties rented or leased to nongovernmental entities for purposes not related to providing governmental services or support functions to a primary civic or public institutional use shall not be zoned for the public use district (P), but rather, shall be zoned or rezoned according to the use types or the use characteristics which predominate. 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. 11 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx A.f_121 1 2 3 4 5 6 7 8 9 10 B. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 # 33 Text underlined is new text to be added Text strikethrough s Gurrent text to be deleted 7. Fairgrounds. 8. Floating solar facility, except in conservation and/or preservation designated areas and subject to LDC section 5.03.08 . 89. Libraries. * * * * * * * * * * * * Community Facility District (CF). The purpose and intent of (CF) district is to implement the GMP by permitting nonresidential land uses as generally identified in the urban designation of the future land use element. These uses can be characterized as public facilities, institutional uses, open space uses, recreational uses, water -related or dependent uses, and other such uses generally serving the community at large. The dimensional standards are intended to insure compatibility with existing or future nearby residential development. The CF district is limited to properties within the urban mixed use land use designation as identified on the future land use map. 1. The following uses are permitted as of right, or as accessory or conditional uses, in the community facility district (CF). a. Permitted uses * * * * * * * * * * * * 3. Civic and cultural facilities. 4. Floating solar facility, except in conservation and/or preservation designated areas and subject to LDC section 5.03.08. 45. Museums. * * * * * * * * * * * * # # # # # # # # # # # # 34 5.03.08 — Floatina Solar Facilities ICI. 36 A. A floating solar facility may be a permitted use or as an accessory structure and ancillary 37 use only where it complies with the following requirements: 38 39 1. Not located in, on, over, or upon aquatic preserves or environmentally protected 40 lands. 41 42 2. The floating solar facility coverage area is contained within the lot or parcel. 43 44 3. The installation, when proposed on stormwater conveyance, retention, or 45 detention areas does not interfere with stormwater management or stormwater 46 management infrastructure. 47 48 4. Submittal of deployment, installation, operation and emergency maintenance 49 Dlans that have minimal imaacts to natural resources and water aualitv. To Drevent 12 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5 Text underlined is new text to be added Text strikethrough s GLArrent text to he deleted the occurrence of damage and breakdown, an on site -specific conditions preventive maintenance plan is required and shall entail emergency repairs, routine inspection and servicing at predetermined intervals. Where appropriate, a bird deterrence system, barrier or non -barrier method may be deployed. A site survey for fauna and flora shall be undertaken to avoid the risk from animals visits on the floating system, shading aquatic vegetation at bottom of lake and overgrowth of algae and surface vegetation. Long-term monitoring is required to assess the effects on water quality and aquatic flora and fauna. Power and communication lines running from the bank of land to interconnect with anv buildina. transformer or inverter shall be buried underaround. 6. Submittal of a decommissioning plan to ensure the proper removal after the facility's useful life. 7. Panels utilizing a reflector to enhance production shall control and minimize the glare from the reflector to adjacent and abutting properties. 8. The water is not being energized, system is properly anchored, and the water body use (such as active recreational purposes) does not conflict with floating solar farilifies_ B. An applicant may request a waiver for approval of one or more of the provisions of LDC section 5.03.08 A. through a Conditional Use request. 13 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx Exhibit A — F.S. 163. 32051 Floating solar facilities The 2024 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapter RELATIONS PROGRAMS 163.32051 Floating solar facilities.— (1)(a) The Legislature finds that floating solar facilities, aLso known as "floatovoltaics," can be effective tools in harnessing energy in bodies of water that have been permitted for storage. (b) The Legislature finds that siting floating solar facilities on wastewater treatment ponds, abandoned limerock mine areas, stormwater treatment ponds, reclaimed water ponds, and other water storage reservoirs are beneficial uses of those areas for many reasons, including the fact that the water has a cooling effect on the solar panels, which can boost power production, and the fact that the panels help decrease the amount of water lost to evaporation and the formation of harmful algal blooms. (c) Therefore, the Legislature finds that the siting of floating solar facilities should be encouraged by local governments as appropriate uses of water and land areas. (2) For purposes of this section, the term "floating solar facility" means a solar facility as defined in s. 163.3205(2), which is located on wastewater treatment ponds, abandoned limerock mine areas, stormwater treatment ponds, reclaimed water ponds, or other water storage reservoirs. (3) A floating solar facility shall be a permitted use in the appropriate Land use categories in each local government comprehensive plan, and each local government must amend its land development regulations to promote the expanded use of floating solar facilities. (4) A county or municipality may adopt an ordinance specifying buffer and landscaping requirements for floating solar facilities. The requirements may not exceed the requirements for similar uses involving the construction of other solar facilities that are permitted uses in agricultural land use categories and zoning districts. (5) Notwithstanding subsections (3) and (4), a floating solar facility may not be constructed in an Everglades AgriculturaL Area reservoir project if the local governments involved with the project determine that the floating solar facility will have a negative impact on that project. History.—s. 'I, ch. 2022-83; s. 48, ch. 2023-8; s. 12, ch. 2024-2. Copyright a0 1995-2024 The Florida Legislature • Privacy Statement • Contact Us 14 GALDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx Exhibit B — F.S. 163. 3205 Solar facility approval process The 2024 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapter RELATIONS PROGRAMS 163.3205 Solar facility approval process.— (1) It is the intent of the Legislature to encourage renewable solar electrical generation throughout this state. It is essential that solar facilities and associated electric infrastructure be constructed and maintained in various locations throughout this state in order to ensure the availability of renewable energy production, which is critical to this state's energy and economic future. (2) As used in this section, the term "solar facility" means a production facility for electric power which: (a) Uses photovoltaic modules to convert solar energy to electricity that may be stored on site, delivered to a transmission system, and consumed primarily offsite. (b) Consists principally of photovoltaic modules, a mounting or racking system, power inverters, transformers, collection systems, battery systems, fire suppression equipment, and associated components. (c) May include accessory administration or maintenance buildings, electric transmission lines, substations, energy storage equipment, and related accessory uses and structures. (3) A solar facility shaLl be a permitted use in all agricultural land use categories in a Local government comprehensive plan and all agricultural zoning districts within an unincorporated area and must comply with the setback and landscaped buffer area criteria for other similar uses in the agricultural district. (4) A county may adopt an ordinance specifying buffer and landscaping requirements for solar facilities. Such requirements may not exceed the requirements for similar uses involving the construction of other facilities that are permitted uses in agricultural land use categories and zoning districts. (5) This section does not apply to any site that was the subject of an application to construct a solar facility submitted to a Local governmental entity before July 1, 2021. History.—s. 1, ch. Z021-178. Copyright © 1995.2024 The Florida Legislature • Privacy Statement . Contact Us 15 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx Exhibit C — Examples of Floating solar facilities. ORANGE COUNTY UTILITIES - SRWSF Project Overview Completed in the Spring of 2023, this 1.2MW system is the largest system in the Southeast United States and one of the largest in the country. Grange County has significant green -energy goats over the next decade and found floating solar to be a perfect solution to power some of their most energy -intensive operations, water plants. This system will directly feed the Southern Regional Water Supply Facility. 16 G:\LDC Amendments\Advisory Boards and Public Hearing s\DSAC\2025\Ap r 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx Exhibit C — Examples of Floating solar facilities. DUKE ENERGY - HINES ENERGY COMPLEX Project Overview Duke Energy, one of the Largest utilities in the United States now has the first floating PV system on a cooling pond in the country. This project is incredibly unique as it sits on the 1,200-acre cooling pond of Duke's 2,000-MW power plant, the Hines Energy Complex. This is the second floating PV project that D3Energy has completed for Duke Energy, the first being Fort Liberty. A total of 1,872 of solar panels are connected and anchored down, right in the middle of Duke Energy's cooling pond. (Spectrum News) 12/12/24 Duke Energy has reached a milestone with the successful activation of its first floating solar project in Florida, situated at the Duke Energy Hines Energy Complex in Bartow, Florida. The nearly 1-megawatt floating solar array, comprising over 1,800 bifacial solar panels, floats on a 2-acre water surface within an existing cooling pond. The innovative design of the panels, absorbing light from both sides, is expected to generate 10%-20% more power than traditional single -sided counterparts. 17 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx Exhibit C — Examples of Floating solar facilities. Source Power Systems Technology: https://www.powersystems.technology/news-pst/duke-energy-floats- into-the-future-florida-s-first-floatin -solar-project-unveiled.htm Transmission Helical sc rew _ Transtormer bank anchor Central PV modules p�i,, inverter Co hnh„nerIT Surrounding r� 4, topography _ l I - - peptn 5-room Elastic Input From mooring line other arrays Anchorin� Percussive bank anchor Figure 3. Schematic of an FPV system Image credit: Alfred Hicks, NREL Floating Photovoltaic System Cost Benchmark: Q1 2021 Installations on Artificial Water Bodies Vignesh Ramasamy and Robert Margolis National Renewable Energy Laboratory 18 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx Exhibit D Siting Assessment and Characteristics World Bank Group, ESMAP and SERIS. 2019. Where Sun Meets Water: Floating Solar Handbook for Practitioners. Washington, DC: World Bank. The material in this work is subject to copyright. Because the World Bank encourages dissemination of its knowledge, this work may be reproduced, in whole or in part, for noncommercial purposes as long as full attribution to this work is given. SITE IDENTIFICATION The main considerations for assessing site suitability for FPV installations include: Solar resource (solar irradiance at proposed water surface ) and local climatic conditions (seasonal variations in weather- temperature range, precipitation, lighting and storm occurrences). Available water surface area (in general, for FPV deployment, one MWp requires roughly 1 hectare or 2.47 acres for the floating island and 1.7 hectares or 4.2 acres of water area, (after taking into account anchoring) and shape (rectangular or square). Bathymetry (shape of boundaries, average depth and depth distribution, structure of water bed and the water body banks, and hydrology). Water quality conditions and impact. Water level (variation over summer/winter months), wave amplitudes, and wind speeds. Subsurface soil conditions (accurate soil analysis and soil structure interaction). Shading (of habitats and species within the littoral and/or linnetic zones), soiling, and other site conditions: (openness and minimal shading, less soiling from dust than land installations, biosoiling (bird droppings -survey of bird species, etc.), avoidance of saltwater or briny coastal systems that create a more corrosive environment for metals, including structural elements, grounding, and electrical connectors and wiring, elavate the area for potential soiling (precipitates from the water) or biofouling that can lead to hot spots, provide good airflow around the panels, and create barriers to animals in natural habitats at the site. Environmental Considerations: Natural habitat ofpreserved species, frequency of bird activity, and water species that are sensitive to water temperature, dissolved oxygen, and sunlight. Grid access, substation location, and power availability. Access rights, permits, and regulations. Obtain FAA approval when near a airport that demostrates compliance with standards for measuring ocular impact, such as no potential for glare (flash blindness or distraction) or "low potential for afterimage" along final approach path for existing or future landings. RECOMMENDED SITE CHARACTERISTICS Be located within 1/2 to 1.8 miles to existing transmission lines: the water body should have a preferred shallow water depth at or between 7' to 15', and be a minimun facility size of two acres. (This is based upon studies that support cost efficiency, power capacity and sustainability for 20 or more years). Landscaping to screen and offset adjacent visual glare and position away from abutting residential uses (minimun 100 feet in distance). • Prohibited in designated Conservation and Preservation areas. 19 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000235 Floating Solar Facilities - LDCA (03-26-2025).docx Collier County LAND DEVELOPMENT CODE AMENDMENT PETITION SUMMARY OF AMENDMENT PL20250000180 In multiple LDC sections, this amendment shall rectify and clarify legal ORIGIN advertisements, contradictory statements and inconsistencies with Collier County Planning respective advisory board or agency's public hearing reviews for land use Commission (CCPC) petitions held by the Environmental Advisory Council, Hearing Examiner, Planning Commission, Board of County Commissioners or Board of Zoning Appeals. Procedural changes to the Administrative Code are a part of this amendment. HEARING DATES LDC SECTION TO BE AMENDED BCC TBD 1.08.02 Definitions CCPC TBD 4.02.16 Design Standards for Development in the Bayshore Gateway DSAC 04/02/2025 Triangle Community Redevelopment Area. DSAC-LDR 03/182025 4.05.02 Design Standards 5.03.06 Dock Facilities 8.10.00 Hearing Examiner 9.03.02 Requirements for Continuation of Nonconformities 9.03.03 Types of Nonconformities 9.03.07 Nonconformities Created or Increased by Public Acquisition 9.04.06 Specific Requirements for Variance to the Coastal Setback Line 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof 10.02.04 Requirements for Preliminary and Final Subdivision Plats 10.02.05 Construction, Approval, and Acceptance of Required Improvements 10.02.06 Requirements for Permits 10.02.13 Planned Unit Development (PUD) Procedures 10.02.15 Requirements for Mixed Use Projects within the Bayshore Gateway Triangle Redevelopment Area 10.03.06 Public Notice and Required Hearings for Land Use Petitions 10.04.04 Applications Subject to Type III Review 10.08.00 Conditional Use Procedures ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC Approval with recommendations TBD TBD BACKGROUND During the 2023 Comprehensive Administrative Code for Land Development (ACLD) update review by the Collier County Planning Commission (CCPC), staff received comments and suggestions from members of the commission on "insubstantial and substantial" changes that could correct inconsistencies and ambiguity between the Land Development Code (LDC) and administrative code procedures. The assignment of land use petitions as stated in the power and duties of the Hearing Examiner and Planning 1 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Collier County Commissioners were reviewed and where conflicts with assignments occurred among the Code of Ordinances and Laws, LDC and Administrative Code, staff incorporated the Planning Commission's insubstantial amendment changes as a first group of changes to the administrative code that where adopted by the Board on December 12, 2023. At the same time the CCPC had reviewed the insubstantial changes, the CCPC requested staff to bring forward to the Board's attention the following recommendations: • Provide "a built in layer of review" by the CCPC before an administrative code amendment goes to the Board. • Correct inconsistencies or ambiguity between the LDC and administrative procedures as to who has what role. • The staff person, facilitator, shall emphasize neutrality and enforce the LDC or see to it that the LDC and the Administrative Code for Land Development are being followed by the applicant at a NIM. • Decide which matters come to the CCPC and those matters to the Hearing Examiner (HEX). The assignment of land use petitions as stated in the power and duties of the Hearing Examiner and Planning Commissioners were reviewed and where conflicts with assignments occurred among the Code of Ordinances and Laws, LDC and Administrative Code, staff incorporated the Planning Commission's insubstantial amendment changes as a first group of changes to the administrative code that where adopted by the Board on December 12, 2023. At the same time the CCPC had reviewed the insubstantial changes, the CCPC requested staff to bring forward to the Board's attention the following recommendations: • Add a definition for "Comparable Use Determination". • Delete outdated text related to the HEX's role as a member of the planning commission. • Add a provision to allow the Board to remand any advertised public hearing, involving a development order, to the Hearing Examiner for the purpose of opining on a legal or technical land use issue during the hearing. • For SDP, SIP, PPLs, and acceptance of required subdivision improvements, construction plans, and amendments thereof, replace the requirement to submit 1 disk (CDROM) with "an acceptable electronic" master plan file. • Clarify a Comparable Use Determination shall only apply to a site specific property that is seeking a comparable use determination. • In LDC section 10.02.13, establish that a petition for a new PUD document which repeals the previously approved PUD document is deemed to be a substantial change. • Include procedures for a petition to rezone from a PUD to PUD district. • For a variance request from the Coastal Construction Setback Line, specify either the Hearing Examiner or Board may consider the variance pursuant to public notice and hearing requirements. • Require the posting of a sign prior to an advertised hearing for Site Plans with Deviations for Redevelopment, Deviations in the GGPOD, LDBPA, and DRIB applications. • Clarify the required notice procedures for the establishment, amendment to, or the abandonment of a Development of Regional Impact (DRI). • For consistency with these substantial application changes, update and revise the Type III review applications graphic in Appendix B. • When minor conditional uses or amendments are determined to be a matter of great public interest or concern and do not require an EAC review, a hearing by the HEX shall be required. At the discretion of the HEX the matter, may be directed to be heard by the Planning Commission in an advisory capacity and then by the Board of Zoning Appeals(BZA) or by the Commissioner of the District in which the 2 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Collier County matter is located. This second group of amendments are ratifying changes to application review requirements and land use petitions. They represent staff s recommendations from prior meetings held on or after March 02, 2023, with the Planning Commission and the HEX. Additionally, corrections are included to update textual and submittal requirements. The proposed LDC amendments achieve the following: For each respective advisory board or reviewing agency, the procedural review changes are summarized as follows: Board of County Commissioners • BCC by majority vote may remand any advertised public hearing involving a development order to the Hearing Examiner for a non -binding recommendation on a legal or technical land use issue. • MUPs that do not meet the threshold for administrative approval require a public hearing review and approval by the BCC. • For a rezoning, rezoning from PUD to PUD, PUD amendment, or conditional use land use petition, clarify one CCPC and one BCC hearing are required. • Allow a Board District Commissioner to direct a minor conditional use change or amendment to be heard by the CCPC and then by the BZA. Board of Zoning Appeals • For a Comparable Use Determination, clarify a BZA hearing for the approval is required if the HEX has a conflict. • Pursuant to ordinance 2024-11, the Board repealed LDC section 9.04.05 which deleted Flood Variances as an application subject to Type III Review. Collier County Planning Commission • For a Nonconforming Use Change (NUC), Nonconforming Structure, or Nonconforming Use Alteration (NUA) petition, clarify the CCPC's and HEX's procedural review and recommendations prior to the BZA hearing. In the event the HEX has a conflict, the CCPC hearing would occur. • For a Comparable Use Determination(CUD) at a site -specific location, require the CCPC's recommendation to the BZA, if the HEX has a conflict. • Clarify for Mixed Use Projects (MUPs), within the Bayshore Gateway Triangle Redevelopment Area, that do not meet the thresholds for administrative approval be reviewed by the CCPC, in an advertised public hearing, and then by the BCC. • For Parking Exemption (PE) petitions, clarify a HEX advertised public hearing is required and if the HEX has a conflict, a recommendation by the CCPC and one BZA hearing. • The following petition types will be heard by the CCPC, if the HEX has a conflict: Alcohol Beverage Distance Waiver, Boathouse Establishment, Boat Dock Facility Extension including Boat Lift Canopy Deviation, Comparable Use Determination, Facility with Fuel Pumps Waiver, Minor PUD change to remove affordable housing when written objection is received, and PUD Insubstantial Changes including Minor Text Changes. Hearing Examiner 3 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Collier County • Establish that the HEX shall review, approve, approve with conditions, or deny a petition request for PUD Insubstantial Changes (PDI), boat dock extensions and boathouse establishments (BD) and boat lift canopy deviations (BLCD). • On a petition for Parking Exemptions (PE) to locational requirements, clarify that the HEX shall make a decision and if not heard by the HEX, then by the BZA. • Require Post Take Plans(PTSP) petition to be heard by the HEX and if HEX decision is appealed, heard by the BZA. • For Variances to the Coastal Construction Setback Line (CCSV) petitions establish the HEX shall review and approve the request. If the HEX's decision is appealed or has a conflict then the BCC shall hold an advertised public hearing. • For an Appeal of Official Interpretation (AOI) require the HEX's decision or if directed by the Board then a BZA hearing. • For a Minor Change to a PUD to remove affordable housing contributions and a written objection has been received, clarify the hearing shall be held by the HEX. If the HEX has a conflict, then the CCPC shall conduct the advertised public hearing. • Reaffirm Facilities with Fuel Pump (FFPW) and Alcohol Beverage Distance Waivers (ABDW) petitions are heard by the HEX and if the HEX has a conflict, then by the BZA. • When petitions for Minor Conditional Use changes or amendments are a matter of concern or great public interest, they shall be heard by the HEX, unless a Board District's Commissioner directs the change or amendment to be heard by the CCPC and then by the BZA. The amendment further updates the LDC notice procedures and legal advertisements to conform with Ordinance 2023-37, "Legal Advertisements and Public Notices", for publishing legal advertisements and notices on the County's official website that is accessible by the Internet. Unless otherwise requested by a petitioner, all legal advertisements with be published on the County's publicly accessible website in accordance with F.S. 50.011. (Exhibit B) Once the County uses the publicly accessible website to publish legal required advertisements and public notices, it shall provide at least once per year in a newspaper of general circulation (Naples Daily News) or another publication that is mailed or delivered to all residents and property owners throughout the county's jurisdiction, indicating that property owners and residents may receive legally required advertisements and public notices from the County by first-class mail or e-mail upon registering their name and address or e-mail address with the County (Reference F.S. 50.0311 (6)). DSAC-LDR Subcommittee Recommendations: On March 18, 2025, the subcommittee recommended approval with the following changes and considerations: 1) Clarify if a PUD minor text change is heard by HEX or approved by staff. 2) Modify the comparable use definition to state it's "A process, in accordance with LDC section 10.03.06, to determine whether a use not specifically identified within a conventional zoning district, overlay or PUD ordinance is comparable, compatible, and consistent with the list of uses... " 3) In LDC section 10.02.13 E.1, check if it's necessary to state a new PUD is a substantial change and repeals an older PUD. 4) After reviewing DSAC discussion of Insubstatial Construction Plan (ICP) submittals, in Chapter 5.E.2 of the administrative code consider adding a Landscape Architect as a licensed professional to sign ICPs when related to landscaping and irrigation under the Application Content subjection of the code. 4 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Collier County 5) Add back the word "raised" on line 48 of the Remand of Development Order to read "... or technical land use issue raised during the hearing." 6) Throughout LDC section 10.03.06 Public Notice procedures, check the applicable citation of F.S. 50.0311 versus 50.011. 7) Correct the misspelling of the word "Variances" in the Type III chart of LDC section 10.04.04. The aforementioned items 1, 2, 5, 6, and 7 have been addressed within the revised draft. Staff agrees that Item 3 be deleted for the reason the CAO can obligate when an older PUD ordinance should become a new PUD ordinance. Lastly, item 4 must be voted upon by DSAC before staff can proceed to amend Chapter 5.E.2 of the Administrative Code. FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY There are no anticipated fiscal impacts to the The proposed LDC amendment has been reviewed by County, except for the cost of advertising an Comprehensive Planning staff and may be deemed ordinance amending the LDC, which is consistent with the GMP. estimated $50.00. Funds are available within the Unincorporated (1011) and Zoning Cost Center (138319 Area General Fund & Land Development EXHIBITS: A) Administrative Code Changes B) 2024 F.S.Chapter 50-Legal and Ofiical Advertisements 5 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Amend the LDC as follows: 1.08.02 — Definitions Comaarable Use Determination: - A Drocess. in accordance with LDC section 10.03.06 K. to determine whether a use that is not specifically identified within a conventional zoning district, overlay, or PUD ordinance is comparable, compatible, and consistent with the list of identified permitted uses in a conventional zoning district, overlay, or PUD ordinance. * * * * * * * * * * * * * # # # # # # # # # # # # # 4.02.16 — Design Standards for Development in the Bayshore Gateway Triangle Community Redevelopment Area * * * * * * * * * * * * * C. Additional Standards for Specific Uses. Certain uses may be established, constructed, continued, and/or expanded provided they meet certain mitigating standards specific to their design and/or operation. These conditions ensure compatibility between land uses and building types and minimize adverse impacts to surrounding properties. 13. Limited Density Bonus Pool Allocation (LDBPA) for multi -family or mixed use developments on two contiguous acres or less. * * * * * * * * * * * * * C. Public notice. Public notice, notice to property owners, and an advertised public hearing, is required and shall be provided in accordance with the applicable provisions of LDC section 10.03.06 R. and Chapter 6 of the Administrative Code. d. Evaluation criteria. The application shall be reviewed by the Hearing Examiner or CCPC for compliance with the following standards of approval: i. The proposed development is consistent with the GMP. ii. The development shall have a beneficial effect upon the neighborhood and advance a Goal, Objective, or Strategy of the adopted Bayshore Gateway Triangle Community Redevelopment Plan. iii. Internal driveways, utilities, drainage facilities, recreation areas, building heights, yards, architectural features, vehicular parking, loading facilities, sight distances, landscaping and buffers shall be adequate for the particular use involved. 6 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx DRAFT Text underlined is new text to be added 1 2 iv. Vehicular access to the project shall not be gated. 3 4 V. The petition has provided compatibility enhancements by 5 exceeding minimum buffer requirements or incorporating 6 streetscape enhancements. 7 8 vi. Compliance with the public realm improvement requirements in 9 LDC section 4.02.16 C.15. 10 11 12 13 4.05.02 — Design Standards 14 15 16 17 K. Exemptions to locational requirements_. 18 19 20 21 3. Parking exemption. 22 23 a. The Hearing Examiner or BZA; after review and recommendation by the 24 pPlanning eCommission, may approve a parking exemption under the 25 following circumstances: 26 27 28 29 b. The Hearing Examiner or pPlanning eCommission and the BZA shall 30 consider the following criteria for the approval of a parking exemption: 31 32 33 # # # # # # # # # # # # # 34 35 5.03.06 — Dock Facilities 36 37 38 39 F. Standards for boathouses. Boathouses, including any roofed structure built on a dock, 40 shall be reviewed by the Planning Gernmissien Hearing Examiner or if Hearing Examiner 41 has a conflict, then by the Planning Commission according to the following criteria, all of 42 which must be met in order for the Hearing Examiner or Planning Commission to approve 43 the request: 44 45 46 47 G. Standards for boat lift canopies. 48 49 50 7 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted 3. If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G. above, then a petition for a boat lift canopy deviation may be made to the Hearing Examiner or if the Hearing Examiner has a conflict, then to the Planning Commission which shall review a sufficient petition application and either approve or deny the request. H. Dock facility extension. Additional protrusion of a dock facility into any waterway beyond the limits established in LDC subsection 5.03.06 E. may be considered appropriate under certain circumstances. In order for the Hearing Examiner or if the Hearing Examiner has a conflict, then to the Planning Commission to approve the boat dock extension request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, have been met. These criteria are as follows: * * * * * * * * * * * * * 2. Secondary criteria: * * * * * * * * * * * * * g. If deemed necessary based upon review of the above criteria, the Hearing Examiner or Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s), and provision of light(s), additional reflectors, or reflectors larger than four (4) inches. * * * * * * * * * * * * * # # # # # # # # # # # # # 8.10.00 — HEARING EXAMINER A. Establishment and Powers. The Board of County Commissioners established the office of the Hearing Examiner by County Ord. No. 2013-25, as it may be amended from time to time, with the powers and duties set forth therein. Examiner is empleyed by the Geunty—,a All powers and duties expressly granted to the Hearing Examiner, either through the Collier County Hearing Examiner Ordinance (No. 2013-25, as may be amended) or through future resolutions, preempt the Collier County Planning Commission, or the Board of Zoning Appeals, as the case may be, with respect to the established procedures set forth in the Collier County Land Development Code. Remand of Development Order. The Board of Countv Commissioners. by maiority vote may remand any advertised public hearing involving a development order to the Hearing Examiner for the sole purpose of opining on a legal or technical land use issue raised during the hearing. The Hearing Examiner will issue a non -binding recommendation to the Board with respect to the issue remanded. which recommendation shall become part 8 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be delete of the record when the matter is aaain heard by the Board. (Ord. No. 2020-08 Section 5.5). * * * * * * * * * * * * * # # # # # # # # # # # # # 9.03.02 — Requirements for Continuation of Nonconformities Where, at the effective date of adoption or relevant amendment of the LDC, lawful use of lands or waters exists which would not be permitted under the LDC, the use may be continued, so long as it remains otherwise lawful, provided: * * * * * * * * * * * * * D. Change in use. If no structural alterations are made, any nonconforming use of a structure, or of a structure and premises in combination may be changed to another nonconforming use of the same character, or to a more restricted nonconforming use, provided the Hearing Examiner or recommended by the Planning Commission and approval by the bBoard of zZoning aAppeals, upon application to the County Manager or designee, shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than the existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effect on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued. In permitting such change, the Hearing Examiner or recommended by the Planning Commission and approval by the bBoard of zZoning aAppeals may require appropriate conditions and safeguards in accordance with the intent and purpose of the LDC. # # # # # # # # # # # # # 9.03.03 — Types of Nonconformities * * * * * * * * * * * * * B. Nonconforming structures. Where a structure lawfully exists at the effective date of the adoption of this ordinance or relevant amendment that could not be built under the LDC by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: * * * * * * * * * * * * * 4. Nonconforming residential structures, which for the purpose of this section shall mean detached single-family dwellings, duplexes or mobile homes in existence at the effective date of this zoning Code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded, or replaced upon recommendation of the Hearing Examiner or recommended by the Sel+ieF Comfy Planning Commission and approval of the Board of Zoning Appeals by resolution. 9 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx 11.R_lM1I Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 5. Notwithstanding the foregoing restrictions as to reconstruction, any residential structure or structures in any residential zone district may be rebuilt after destruction to the prior extent, height and density of units per acre regardless of the percentage of destruction, subject to compliance with the applicable building code requirements in effect at the time of redevelopment. In the event of such rebuilding, all setbacks and other applicable district requirements shall be met unless a variance therefore is obtained from the Board of Zoning Appeals. For the purpose of this section, a hotel, motel, or boatel shall be considered to be a residential structure. Since the size and nature of the alteration, expansion or replacement of such nonconforming structures may vary widely, a site plan, and if applicable, preliminary building plans indicating the proposed alteration, expansion or replacement shall be presented with each petition. Prior to granting such alteration, expansion or replacement of a nonconforming single-family dwelling, duplex or mobile home, the Planning Commission and the ACC Board of Zoning Appeals shall consider and base its approval on the following standards and criteria: # # # # # # # # # # # # # 9.03.07 — Nonconformities Created or Increased by Public Acquisition * * * * * * * * * * * * * D. Post Take Plan. This section addresses the development, review and approval of post - take cure plans for remainder properties to mitigate and/or eliminate the negative and potentially costly impacts resulting from the taking of a property for public purposes. In such cases, it may be determined to be in the public interest to allow some deviations from applicable LDC or PUD provisions, or Conditional Use requirements, in order to accommodate site modifications and/or enhancements, designed to cure, remedy, mitigate, minimize or resolve otherwise negative site impacts resultant from public acquisition. * * * * * * * * * * * * * 4. Approval Criteria and Process. a. If no written objection is received within 30 days of the date of mailing of the notice, the Post Take Plan is deemed approved. b. If an abutting property owner who receives a notice submits a written objection to Collier County within 30 days of the date of mailing of notice, the matter shall be scheduled for public hearing before the Collier County Planning (`^w,missio-. (GGPG) Hearing Examiner (HEX) or if the Hearing Examiner has a conflict then to the Planning Commission. In such cases, the Board of County Commissioners delegates the authority to review the Post Take Plan to the CCPG HEX and includes this review as part of the CCPC HEX powers and duties under the Collier County Code of Laws and Ordinances seet+e„ 1156 2 1164 ChaDter 2. Article III. Division 3. 10 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strket.hrough is G61rr9At text to be deleted Section 2-87. Public notice for the hearing shall comply with LDC section 10.03.05 C, as may be applicable, and shall specifically note the location of the property and the requested deviations. The CGPC HEX, in considering whether to approve, approve with conditions, or deny the proposed Post Take Plan, shall consider the following: Whether the deviation is the minimum amount necessary to mitigate for the impacts of the acquisition, while still protecting the public health, safety, and welfare; and ii. Whether the County or property owner has or will mitigate for impacts from the requested deviation(s) on neighboring properties by maintaining or enhancing compatibility through various measures, including but not limited to the installation of additional landscape plantings or the installation offences or walls; and iii. Whether the requested deviations are consistent with and further applicable policies of the GMP and the requirements of the LDC, PUD, or Conditional Use, as may be applicable. 5. Within 30 days of approval, approval with conditions, or denial of a Post Take Plan by the HEX or CCPC, the applicant, affected property owner, or abutting property owner may appeal the decision to the Board of Zoning Appeals. For the purposes of this section, an aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to any interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building code(s). If an appeal is filed by an abutting property owner, and said appeal is successful, Collier County shall reimburse said appellant for the appeal application fee and any associated advertising costs. # # # # # # # # # # # # # 9.04.06 — Specific Requirements for Variance to the Coastal Construction Setback Line * * * * * * * * * * * * * B. Setback lines established under this LDC shall be reviewed upon petition of affected riparian upland owners. The Hearing Examiner or BZA shall decide, after due public notice and hearing, whether a change in the setback line is justified, and shall notify the petitioner in writing. The present setback lines are presumed to be correct, and no change in setback lines are presumed to be correct, and no change in setback lines shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minimum of 150 feet landward of the mean high-water line or seventy-five (75) feet landward of the vegetation line whichever is greater; and that considering ground elevations in relation to historical storm and hurricane tides, predicted maximum wave uprush, beach and offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist, and existing upland development, that the general public health and welfare are preserved, upland properties protected, and beach and sand dune erosion controlled. 11 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 * * * * * * * * * * * * * G. Procedures for obtaining variance. * * * * * * * * * * * * * 2. Notice and public hearing for coastal construction setback line variances. An application for coastal construction setback line (CCSL) variance shall be considered by the Hearing Examiner or BZA BPG pursuant to the following public notice and hearing requirements. a. The applicant shall post a sign at least 45 days prior to the date of the public hearing by the Hearing Examiner or BZA t3GG. The sign shall contain substantially the following language and the sign copy shall utilize the total area of the sign: PUBLIC HEARING REQUESTING CCSL VARIANCE APPROVAL (both to contain the following information:) TO PERMIT: (Sufficiently clear to describe the type of variance requested). DATE: TIME: TO BE HELD IN HEARING EXAMINER or BOARD OF COUNTY COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. * * * * * * * * * * * * * d. In the case of sign(s) located on a property one acre or more in size, the applicant shall be responsible for erecting the required sign(s). The sign(s) shall be erected in full view of the public on each street upon which the subject property has frontage and on the side of the property visible from the beach. Where the subject property is landlocked, or for some other reason the sign(s) cannot be posted directly on the property, then the sign(s) shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the County Manager or designee that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the BCC. The sign(s) shall remain in place until the date of either of the following occurrences: 12 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text strikethrough is Gurrent text to he deleted Final action is taken by the Hearing Examiner or BZA BGG; or 2. The receipt of a written request by the County Manager or designee from the applicant to either withdraw or continue the petition indefinitely. e. Notice of the time and place of the public hearing by the BGG Hearing Examiner or BZA shall be advertised in a newspaper of general circulation in the county or publicly accessible website under F.S. 50.0311 at least one time and at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed variance. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. The BGG Hearing Examiner or BZA shall hold one advertised public hearing on the proposed variance and may, upon the conclusion of the hearing, immediately adopt the resolution approving the variance. 3. The 84 G Hearing Examiner or BZA shall notify petitioner in writing of its decision within 15 days of the public hearing. 4. Any person aggrieved by a decision of the BGS Hearinq Examiner or BZA granting or denying a variance may apply to the circuit court of the circuit in which the property is located for judicial relief within 30 days after rendition of the decision by the BGG Hearing Examiner or BZA. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. # # # # # # # # # # # # # 10.02.03 — Requirements for Site Development, Site Improvement Plans and Amendments thereof Electronic data requirements for site development plans, site improvement plans, and amendments thereof. nf+ the final site plan has been appreved by the Geunty Man. geF or designee During the review process for compliance with the LDC, as provided in this section, the applicant's professional engineer shall also submit digitally created construction/site plan documents, in an acceptable electronic format. 1 disk (CDROM) of the rnasteF plan file, ineluding, wheFe appliGable, easements, water/wastewater , f0ffnatting guidelines: All data shall be delivered On the state plane coordinate and StOffnwater dFainage systern. The digital data to be submitted shall follow these , with Unoted States SuFvey Feet (USFEET) units; as established by a ReFida FegiSteFed professional surveyor and mapper. All information shall ha jrn durnensoo er,,,�5feet. Files shall n� �teGAD (DWG) nge File (DXF) format; information layers shall have common . - .. 3ns (i.e. right of way Rvr,eeFlceri;T,cs vL, eEiverneFlr— Ev�etc. crccnnccc 13 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text st�ikethroijgh is Gurrent text to he deleted oomplete, the layering seheme must be readily understood by county sta#. All property h all Iinework pertaining to the property —feature —i@C-creed . that layer. Example• npareels All nes that form the pare will be leeaated on 1 parcel layer. Annotations pertaining to property information shall be on a unique laye-r--.- arnpl dimensions I ottvt lacier -arr�.e— erl�vrr�' # # # # # # # # # # # 10.02.04 — Requirements for Preliminary and Final Subdivision Plats B Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final subdivision plats are commonly referred to as "plans and plat." * * * * * * * * * * * * 3. County Manager review of construction plans and final subdivision plats. d. Digital submission. After —fie^' subdivisien plat has been appFeved by the County Manager or designeefo During the review process for compliance with the LDC, as provided in this section, the ^ plieant shall resubmit 5 eertified sets of the approved Gonstruetion plans along with approved eopies of all required Gounty permits. The applicant's professional engineer shall also submit a set of digitally created construction/site plan documents, 1 disk (CDRO ) of the in an aeeep+able t elenrn��n,n fermat. master plan file ine ,ding whip li abl�eeaeementTS water/wastewater faeolotmes, and stermwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered MR the state plane coordinate system, with a Florida East Prefeetion, and a - North r Amermean Datum 198W1990 (NAD8W90 datum) .with United States c„r" Feetum198W1990(n�D8W9nda+��), with , (USFEET) units; as established by a Florida registered professional surveyor and mapper All infermatien shall have a m dimensienal e of +0 5 feet Fileehaye a mdimensienal��f���f���C�/�� Files - shall be in n A„toCAD (DWG) or digital Exchange File (DXF) format; information layeFs shall have eemmen naming eenventiens (i.e. Fight of ,. ROW een es_CL edge of pavement FEvPete.). For —o--plan to be deem -red eemplete, the layeFing-sehefl e must be Fea'�'c ily u ,deFstovd by eeunty staff. All property information (parcels, lotr-r , and requisiteannotation)shall be drawn on a An that Example: aarrcellsJ_AlI�sthat the parGel boundary will he r9eatII I IaYGIF Anneta forma hall bef����hall be e F� arrc^cr�cryci-�-mrTvrcrtfernr,�--npc^Tteh=m=rg-t�lrrrvrmutfe=,- s�urr-vc on a unique i� layer. t dimensions ettvt la„. * * * * * * * * * * * * * # # # # # # # # # # # # # 14 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text st�ikethroijgh is Gurrent text to he deleted 10.02.05 — Construction, Approval, and Acceptance of Required Improvements B. Preliminary Acceptance of Required Subdivision Improvements by the County Engineer or designee. Preliminary acceptance by the County Engineer or designee shall identify that the subdivision or development is substantially safe for public occupancy. * * * * * * * * * * * * * 2. Submittal requirements. Upon completion of all required improvements contained in the approved construction plans, the applicant's professional engineer of record shall provide the following materials for the review by the County Engineer or designee: * * * * * * * * * * * * * f. Digital submission. The applicant's professional engineer shall also submit digitally created construction/site plan documents, 'RGIu .ding 1 disk (CDRO ) of an acceptable electronic format, the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The i inrfor rn a++, e n shall be on a -unique layer. Example: lot dimensions Lnrtxt1ayer. In r addition, a copy of applicable measurements, tests and reports made on the work and material during the progress of construction must be furnished. The record construction data shall be certified by the applicant's professional engineer and professional surveyor and mapper and shall include but not be limited to the following items which have been obtained through surveys performed on the completed required improvements: # # # # # # # # # # # # # 10.02.06 — Requirements for Permits K. Comparable Use Determination. 15 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 The following Comparable Use Determination (CUD) shall be used to determine whether a use at a site -specific location is comparable in nature and consistent 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: 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 and only apply to the specific property seeking a comparable use determination_ f. Any additional relevant information as may be required by County Manager or Designee. 3. The Administrative Code shall establish the process and application submittal requirements to obtain a Comparable Use Determination. # # # # # # # # # # # # # 10.02.13 — Planned Unit Development (PUD) Procedures A. Generally. Applications for amendments to, or rezoning to, PUD shall be in the form of a PUD master plan of development along with a list of permitted and accessory uses and a development standards table. The PUD application shall also include a list of developer commitments and any proposed deviations from the LDC. The PUD master plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and/or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida. 2. PUD application. The applicant shall submit data supporting and describing the petition for rezoning to PUD that includes a development standards table, developer commitments and a list of deviations from the LDC. Dimensional standards shall be based upon an established zoning district that most closely resembles the development strategy, particularly the type, density and intensity, of each proposed land use. The PUD application shall include the information 16 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is Gurrent text to he deleted identified in the Administrative Code unless determined by the Planning an Zening D„-eGte,- County Manager or designee to be unnecessary to describe the development strategy. 3. Deviations from master plan elements. The Zoning and" and Development Revs,,,., Department Dire„+„~ County Manager or designee may exempt a petition from certain required elements for the PUD master plan identified in the Administrative Code when the petition contains conditions which demonstrate the element may be waived and will not have a detrimental effect on the health, safety and welfare of the community. All exemptions shall be noted within the PUD submittal and provided to the Board of County Commissioners. * * * * * * * * * * * * * B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in accordance with LDC section 10.02.08, shall be submitted and processed as for a rezoning amendment generally pursuant to LDC section 10.02.08 and in accordance with the following special procedures: E. Pre -application meeting. Prior to the submission of a formal application for rezoning to PUD, the applicant shall confer with the Planning and Zoe DepaFtment DireEter County Manager's designee and other County staff, agencies, and officials involved in the review and processing of such applications and related materials. The applicant is further encouraged to submit a tentative land use sketch plan for review at the pre -application meeting, and to obtain information on any projected plans or programs relative to possible applicable Federal or State requirements or other matters that may affect the proposed PUD. The pre -application meeting should address, but is not limited to, the following: * * * * * * * * * * * * Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose of this section, a substantial change shall be deemed to exist where: a. A proposed change in the boundary of the PUD; b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; C. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; 17 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. 2. Insubstantial change determination. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Planning Gernmossmen Hearing Examiner. The Planning Gernmissien approval Hearing Examiner's decision shall be based on the findings and criteria used for the original application and be an action taken at a regularly scheduled meeting. a. The applicant shall provide the County Manager or designee documentation which adequately describes the proposed changes as described in the Administrative Code. 18 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrWt text to be deleted 3. Minor changes. The following are considered minor changes, and may be approved by the County Manager or designee under the procedures established in the Administrative Code. a. Educational and ancillary plants exception. When a PUD is amended for the sole purpose of adding an Educational and/or ancillary plant, that PUD will not be subject to the review process outlined in section 10.02.13 E.1. The review conducted will be limited to the impacts that the Educational or ancillary plant will have on the surrounding uses. b. The County Manager or designee shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: Internal realignment of rights -of -way, including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. ii. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. iii. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. iv. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the EAC where applicable. Minor changes of the type described above, including minor text changes, shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the County Manager or designee's . consideration for approval. C. Affordable housing commitments. Beginning October 3, 2012 the County Manager or designee shall be authorized to make minor text changes to remove affordable housing commitments to pay an affordable housing contribution in PUDs, Development Agreements, and Settlement Agreements if the following conditions are met: The applicant notices property owners in writing in accordance with LDC section 10.03.06 T. 19 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ii. If no written objection is received, the request to remove commitments is deemed approved. iii. If a property owner who receives notice submits a written objection within 30 days of mailing of the notice, the matter shall be scheduled for public hearing before the Beard of GeURty GOMMOSSOOR^"c Hearing Examiner. Public notice shall comply with LDC sections 10.03.05 and 10.03.06 T. F. PUD Monitoring Report requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or designee. 4. County will be given at least 6 month's prior written notice to a change in ownership, to a community association, including but not limited to transfer of all or part of the development to a Home Owners Association, Property Owners Association, Master Association, or similar entity. Change in ownership of portions of a PUD development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the Planning and Zening Department Direetor County Manager or designee shall automatically transfer responsibility for filing that annual monitoring report. * * * * * * * * * * * * * H. Interpretations of PUD documents. The Planning Ser„!Doc Department Diree r County Manager or designee shall be authorized to interpret the PUD document and PUD master plan. * * * * * * * * * * * * * L. Common open space or common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subject to the following: * * * * * * * * * * * * * 2. In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan of development, the Plannin^ and Zoning Director County Manager or designee may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public 20 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT Text underlined is new text to be added T@xt strkethrough is GUrr9At text to be deleted hearing. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the Planning and Zening Dire. teF County Manager or designee shall call upon any public or private agency to maintain the common open space for a period of 1 year. When the Planning and Zening DireGteF County Manager or designee determines that the subject organization is not prepared or able to maintain the common open space or common facilities, such public or private agency shall continue maintenance for yearly periods. # # # # # # # # # # # # # 10.02.15 — Requirements for Mixed Use Projects within the Bayshore Gateway Triangle Redevelopment Area A. Mixed Use Project Approval Types. Owners of property located in the Bayshore Gateway Triangle Redevelopment Area designated as Neighborhood Commercial (BZO-NC), Waterfront (BZO-W), and Mixed Use (GTZO-MXD) Subdistricts may submit an application for a Mixed Use Project (MUP). The MUP shall allow for a mixture of residential and commercial uses, as permitted under the Table of Uses for the appropriate subdistrict. Applications for a MUP may be approved administratively or through a public hearing process as described in this section. A pre -application meeting is required for all MUP applications. * * * * * * * * * * * * * 2. MUPs Requiring Public Hearing: a. MUPs that do not meet the thresholds for administrative approval may be approved by the BZA review and recommendation of the GGPG Planning Commission and BCC through a public hearing process. * * * * * * * * * * * * * C. There shall be a public hearing before the B-ZA Planning Commission and BCC legally noticed and advertised pursuant to LDC section 10.03.06. d. After a Mixed Use Project has been approved by the B-ZA BCC, the applicant shall submit a site development plan (SDP) consistent with the conceptual site plan approved by the B-ZA BCC and meeting the requirements of LDC section 10.02.03 B. The SDP may be submitted concurrent with the MUP application at the applicant's risk. # # # # # # # # # # # # # 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 21 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Administrative Code, which further establishes the public notice procedures for land use petitions. A. Ordinance or resolution that is initiated by County or a private entity which does not change the zoning atlas or actual list of uses in a zoning category but does affect the use of land, including, but not limited to, land development code regulations as defined in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly referred to as a LDC amendment. * * * * * * * * * * * * * 2. The following notice procedures are required: a. Newspaper Legal Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66 and F.S. § 50.0311. B. Ordinance or resolution for a rezoning, or a PUD amendment, or a conditional use. For minor conditional use notice requirements see 10.03.06 C, below and for County initiated rezonings, see LDC section 10.03.06 K.: 1. The following advertised public hearings are required: a. One Planning Commission and, if required, an Environmental Advisory Council hearing. b. One BCC or BZA hearing. 2. The following notice procedures are required: * * * * * * * * * * * * * C. Newspape Legal Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66 and F.S. § 50.0311. * * * * * * * * * * * * * C. Minor conditional use. 1. The following advertised public hearings are required: a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, then pursuant to LDC section 10.03.06 B and if directed by a single Board member, one Planning Commission and BZA. * * * * * * * * * * * * * C. "gaper Legal Advertisement prior to the advertised public hearing. * * * * * * * * * * * * * 22 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx DRAFT Text underlined is new text to be added 1 D. Conditional use extension, or conditional use re -review: 2 3 4 5 2. The following notice procedures are required: 6 7 8 9 b. Newspaper Legal Advertisement prior to the advertised public hearing. 10 12 13 E. Ordinance or resolution for comprehensive plan amendments: 14 15 16 17 2. The following notice procedures are required: 18 19 a. Small-scale amendments: 20 21 22 23 iii. "per Legal Advertisement prior to each advertised public hearing. 24 25 26 27 F. Variance, pursuant to LDC section 9.04.02 or a sign variance, pursuant to LDC 28 section 5.06.08: 29 30 1. The following advertised public hearings are required: 31 32 a. One Planning Commission ^" Hearing Examiner hearing. 33 34 b. If Hearing Examiner has a conflict, then heaFd by the Planning 35 Commission, and one BZA hearing. 36 37 2. The following notice procedures are required: 38 39 a. Newspaper Legal Advertisement prior to ^ eh advertised p blie hearing in 40 accordance with F.S. § 50.0311. 41 42 43 44 G. Parking exemption, pursuant to LDC section 4.05.02 K.3: 45 46 1. The following advertised public hearing is required: 47 48 a. One Planning GeMMOSSOeR ^ Hearing Examiner hearing. M 23 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT 2 Text underlined is new text to be added b. If heard by the Hearing Examiner has a conflict, one Planning Commission, - and BZA hearing. The following notice procedures are required: * * * * * * * * * * * C. Newspaper Legal Advertisement prior to the advertised public hearing. * * * * * * * * * * * * * H. PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse Establishment, or Boat Dock Canopy Deviation: 1. The following advertised public hearings are required: a. One Planning Commission ^r Hearing Examiner hearing. b. If Hearing Examiner has a conflict, one Planning Commission hearing_ 2. The following notice procedures are required: a. For a PDI, a NIM. See LDC section 10.03.05 A. However, apon written the NIM after the first set of staff review oomments have been issued. b Mailed Notice prior to the advertised public hearing. C. Newspaper Legal Advertisement pursuant to Chapter 50, Florida Statues, on the Clerk of Court's public accessible website prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. I. Ordinance or resolution for the establishment, amendment to, or the abandonment of a Development of Regional Impact (DRI): 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. In accordance with F.S. § 380.06 and the, Florida Administrative Code, and F.S. § 50.0311. * * * * * * * * * * * * * 24 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added T@xt strkethrough is G61rr9At text to be deleted J. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of less than 10 contiguous acres of land. This is commonly referred to as a rezone. * * * * * * * * * * * * * 2. The following notice procedures are required: * * * * * * * * * * * * * b. Newspaper Legal Advertisement prior to each advertised public hearing. The advertisement for the Planning Commission hearing shall include a project location map and pursuant to F.S. § 125.66 and F.S. § 50.0311. K. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of more than 10 contiguous acres of land or more or an ordinance or resolution that will change the actual list of permitted, conditional, or prohibited uses of land within a zoning category. This is commonly referred to as a rezone or LDC amendment: 2. The following notice procedures are required: * * * * * * * * * * * * * b. Newspaper Legal Advertisement prior to the BCC hearings in accordance with F.S § 125.66 (4) including a project location map and F.S. § 50.0311. i. In lieu of the newspaper legal advertisement, the BCC may mail a written notice to property owners within the area covered by the proposed ordinance or resolution. The notice shall include the time, place and location of both the public hearings before the BCC. ii. The first BCC hearing shall be held at least seven days after the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. L. Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments: * * * * * * * * * * * * * 2. The following notice procedures are required: a. Newspaper Legal Advertisement prior to the advertised public hearing pursuant to LDC section 4.08.06 E.1. 25 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx DRAFT Text underlined is new text to be added 1 2 M 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 N 25 26 27 28 29 30 31 32 33 34 35 36 O 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Resolution or decision for a Stewardship Receiving Area (SRA) and SRA amendments. * * * * * * * * * * * * 2. The following notice procedures are required: a. SRA designation or SRA substantial change: * * * * * * * * * * * * iii. Newspaper Legal Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66 and F.S. § 50.0311. b. SRA insubstantial change: iii. "Iewspape Legal Advertisement prior to the advertised public hearing. Ordinance or resolution for an MUP located in the mixed use subdistrict of the BZO or GTZO which seeks to utilize the Density Bonus Pool Allocation or request deviations exceeding administrative approval, pursuant to LDC section 10.02.15: * * * * * * * * * * * * 2. The following notice procedures are required: C. Newspaper Legal Advertisement prior to each advertised public hearing. Approval of a Comparable Use Determination pursuant to LDC section 10.02.06 K. 1. The following advertised public hearings are required: a. One GGPGer Hearing Examiner or if Board directed, one BZA hearing. b. if heard by the Planning Commission r , ene BZA h rri 2. The following notice procedures are required: a. Newspaper Legal Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66 and F.S. § 50.0311. 26 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added P. Official Interpretations, pursuant to LDC section 1.06.00. 1. The following notice procedures are required for the interpretation of county wide application of the Growth Management Plan, Land Development Code and the building code: a. "der Legal Advertisement. 2. The following notice procedures are required for the interpretation affecting a specific parcel of land. * * * * * * * * * * * * * C. Newspape Legal Advertisement in accordance with F.S. § 50.0311. Q. Appeal of an Official Interpretation, pursuant to LDC section 1.06.00. 1. The following advertised public hearings are required: a. One tamer Hearing Examiner or if Board directed, one BZA hearing. 2. The following notice procedures are required: a. Newspaper Legal Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66 and F.S. § 50.0311. R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F, deviations in the GGPOD, pursuant to LDC section 4.02.26 E., and the LBDPA, pursuant to LDC section 4.02.16 C.13. 1. The following advertised public hearings are required: a. One Planning Co iccinr, nr Hearing Examiner hearing. nh if heard by the Planning Commission , one RBZA��ri�n� 2. The following notice procedures are required: a. Newspaper Legal Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66, and F.S. § 50.0311. b. Mailed Notice prior to the advertised public hearing. C. Posting of a sign prior to the advertised public hearing_ S. Post Take Plan, pursuant to LDC section 9.03.07 D. 1. The following notice procedures are required: * * * * * * * * * * * * * 27 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 b. If a Planning Gernmissi^n ^r Hearing Examiner hearing is required, a Newspaper Legal Advertisement. 2. The following advertised public hearings a}ay shall be required: a. If a written objection is received, one RaRRin^ or Hearing Examiner or BZA hearing. T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC section 10.02.13 E.3.c. * * * * * * * * * * * * * 2. The following advertised public hearings may be required: a. If a written objection is received, one der Hearing Examiner hearing. b. If Hearing Examiner has a conflict, one Planning Commission hearing_ * * * * * * * * * * * * * U. Automobile Service Stat Facilities with Fuel Pumps Waiver pursuant to LDC section 5.05.05 and Alcohol Beverage Distance Waiver pursuant to LDC section 5.05.01. 1. The following advertised public hearings are required: a. One BZA er Hearing Examiner hearing. b. If Hearing Examiner has a conflict, one BZA hearing_ 2. The following notice procedures are required: * * * * * * * * * * * * * b. Newspaper Legal Advertisement Prier to the ^d. ,Rise, publi^ hearing in accordance with F.S. § 50.0311. * * * * * * * * * * * * * V. Nonconforming Use Change pursuant to LDC section 9.03.02 D and Nonconforming Use Alteration, pursuant to LDC section 9.03.03 B.S. 1. The following advertised public hearings are required: a. One Hearing Examiner eF BZ hearing. b. If Hearing Examiner has a conflict, one Planning Commission and BZA hearing. 28 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx DRAFT Text underlined is new text to be added 1 2 3 X. Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3. 4 5 1. The following notice procedures are required: 6 7 a. "paper Legal advertisement at least 15 days prior to the Stakeholder 8 Outreach Meeting. 9 10 11 12 Y. Compatibility Design Review, pursuant to LDC section 5.05.15 F. 13 14 15 16 2. The following notice procedures are required: 17 18 a. Newspaper Legal advertisement at least 15 days prior to the advertised 19 public hearing. 20 21 b. Mailed notice sent by the applicant at least 15 days prior to the required 22 public hearings. For the purposes of this application, all mailed notices shall 23 be sent to property owners within 1,000 feet of the property lines of the 24 subject property. 25 26 Z. Events in County Right -of -Way, pursuant to LDC section 5.04.05 A.S. 27 28 29 30 2. The following notice procedures are required: 31 32 a. Newspaper Legal advertisement prior to the advertised public hearing in 33 accordance with F.S. 125.66 and F.S. § 50.0311. 34 35 36 # # # # # # # # # # # # # 37 38 10.04.04 — Applications Subject to Type III Review 39 40 The following applications are subject to Type III review: Variances; Administrative 41 Appeals; Certificates of Appropriateness; eConditional uUses; nNonconforming Use 42 Amendments and Alterations; Vested Rights; {'^^^' " anrse ; Parking Agreements. 43 44 For a graphic depiction of the review procedure, please see Illustration 10.04.04 A. 45 29 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx 2 3 DRAFT Text underlined is new text to be added Thxt stdkethrough is Gurrent text to be deleted TYPE III (VARIANCES, ADMINISTRATIVE APPEALS, CERTIFICATE OF APPROPRIATENESS, CONDITIONAL USES, NONCONFORMING USE AMENDMENTS, VESTED RIGHTS, FLOOD VARIANCES, PARKING AGREEMENTS DISTRIBUTION OF COMPLETE APPLICATION TO ALL STAFF REVIEWERS RECEIPT & COMPILATION OF COMMENTS & COMMENDATIONS PREPARATION WRITT TAFF REPORT AND PLC ATIONS VARIANCES. CONDITIONAL APPEALS VESTED RIGHTS CERTIFICATE OF USES, NONCONFORMING �F ADMINISTRATIVE ETERM I NATION AP PORPRIATENESS USE AMENDMENTS, DECISION OR FLOOD VARIANCES, INTERPRETATION PARKING AGREEMENTS HEAR BY HEARING BY HISTORIC/ HEARING O ER ARCHAEOLOGIC HEARINGS BY BZA PRESERVATION HOARD APPROVE OR DENY APPROVE (Written WITH FirMings) APPROVE DENY CONDITIONS AFFIRM DENY (Written Order DECISION APPROVE DENY TO SDP, PLAT CONTINUE OR OTHER PROCESSING PROCESS ORIGINAL APPLICATION TYPE III (VARL4-LACES, ADM- NISTRATIVE APPEALS, CERTIFICATE OF APPROPRIATENESS, CON- DITIONAL USES, NONCONEORIHNG USE A-%END]IENTS, VESTED RIGHTS, PARKING AGREE NIE N TS) DISTRIBUTION OF COMPLETE APPLICATION TO ALL STAFF REVIEWERS RECEIPT & COMPILATION OF COMMENTS g RECOMMENDATIONS PREPARATION OF WRITTEN STAFF REPORT k RECOMMENDATIONS VESTED RIGHTS VARIANCES, MAJOR CONDITIONAL DETERMINATION, CERTIFICATE OF USES, NONCONFORMLNG USE APPEALS OF ADMINISTRATIVE VARIANCES, NONCOI- APPROPRIATENESS A,ViENDME TTS OR ALTERATIONS, FLOOD DECISION OR INTERPRETATIOti FORMING USE AMEND - VARIANCES, PARKING AGREEMENTS MENTS ORALTERATIONS. HEARING MINOR CONDITIONAL USES HEARING VARIES BY BZA PURSUANT TO LDC 10.03.06 HEARING BY HEX DECISION APPROVE OR APPROVE DENY WITH CONDITIONS (Written Findings) (Written Order) I AFFIRM I I DENY I f L i APPROVE OR APPROVE CONTINUE PROC:ESSlivG WITH CONDITIONS TO SDP, PLAT OR ORIGINAL APPLICATION (Written Decision) OTHER PROCESS HEARING BY HISTORIC & ARCHAEOLOGIC PRESERVATION BOARD APPROVE OTHERPROCESS 30 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Illustration 10.04.04 A. 10.08.00 - CONDITIONAL USE PROCEDURES C Application. The Administrative Code shall establish the submittal requirements for a conditional use application and minor conditional use change. Conditional use application processing time. An application for a conditional use will be considered "open," when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a conditional use will be considered "closed" when the applicant withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the conditional use, for a period of 6 months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The County Manager or designee will notify the applicant of closure by certified mail, return receipt requested; however, failure to notify by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re -opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency." Further review of the request will be subject to the then current LDC. * * * * * * * * * * * * J. Changes and amendments. aethe rizedbythe conditional use Additional u Uses or expansion of permitted uses not shown on the conceptual site development plan or otherwise specifically provided for in the conditional use application shall require the submission, review, and approval of a new conditional use application. Minor conditional use chanaes or amendments shall be heard by the Hearina Examiner except for those requests that require an Environmental Advisory Council review or, at the discretion of the Hearing Examiner, is determined to be a matter of great public interest or concern. Additionally, the Commissioner of the District in which the minor conditional use change is located may direct the minor conditional use change to be heard by the Planning Commission in an advisory capacity and then by the BZA for final action. When the Hearing Examiner directs a minor conditional use to the Planning Commission, the Hearing Examiner shall consider, all criteria set forth in LDC section 10.08.00 D and the relevant matters in the applicant's written petition. 31 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code 1 Collier County Land Development Code I Administrative Procedures Manual 2 3 Contents 4 Contents.................................................................................................................................32 5 6 7 8 Chapter 8. Public Notice......................................................................................................... 232 9 A. Generally..........................................................................................................................232 10 B. Neighborhood Information Meeting................................................................................ 233 11 C. Mailed Notice................................................................................................................... 235 12 D. -&- Legal Advertisement..................................................................................... 237 13 E. Posting of a Sign............................................................................................................... 238 14 F. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) .............................. 241 15 G. Agent Letter...................................................................................................................... 245 16 17 18 # # # # # # # # # # # # # 19 20 Collier County Land Development Code I Administrative Procedures Manual 21 Chapter 3 / Quasi -Judicial Procedures with a Public Hearing 22 23 Chapter 3. Quasi -Judicial Procedures with a Public Hearing 24 25 A. Appeal of an Official Interpretation of the Land Development Code 26 27 28 Notice Notification requirements areas follows. Ga See Chapter8 of the Administrative Code for additional notice information. 1. AlewspapaF Legal Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing iR a newspaper of geRera' Ei lat*Pn. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; and b. 2 in. x 3 in. map of the project location, if site specific. 29 30 31 32 B. Boat Dock 33 34 B. 1 Boathouse Establishment 32 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code 1 2 * * * * * * * * * * * * * Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. The County will mail the letters at the applicant's expense. The advertisement shall include at a minimum: a. Date, time, and location of the public hearing; b. Petition number; c. Extension and total protrusion of the facility; and d. Date by which written comments must be filed with the Zoning Division. 2. Nowspap@r Legal Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in , newspaper of general eirculatien. The advertisement shall include at a minimum: Date, time, and location of the hearing; a. Petition number; b. Address of the facility; c. Extension and total protrusion of the facility; d. 2 in. x 3 in. map of the project location; and e. Date by which written comments must be filed with the Zoning Division. 3. Sign: Posted at least 15 days before the advertised public hearing date. Ga See Chapter 8 E. of the Administrative Code for sign template. 3 4 B.2. Dock Facility Extension 5 6 7 Notice Notification requirements are as follows. Ga See Chapter8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised public hearing. The County will mail the letters at the applicant's expense. The advertisement shall include at a minimum: a. Date, time, and location of the public hearing; b. Petition number; c. Extension and total protrusion of the facility; and d. Date by which written comments must be filed with the Zoning Division. 33 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code 2. Newrpaper-Legal-Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing i^ a Rewspaper of geRera' atiAn. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Petition number; c. Extension and total protrusion of the facility; d. 2 in. x 3 in. map of the project location; and e. Date by which written comments must be filed with the Zoning Division. 3. Sign: Posted at least 15 days before the first advertised public hearing date. C* See Chapter 8 E. of the Administrative Code for sign template. 1 2 B.3. Boat Lift Canopy with Deviations 3 4 5 Notice Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised public hearing. The County will mail the letters at the applicant's expense. The advertisement shall include at a minimum: a. Date, time, and location of the public hearing; b. Petition number; c. Extension and total protrusion of the facility; and d. Date by which written comments must be filed with the Zoning Division. 2.N@w6pap@F Legal Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing i^ a Rewspaper of geR ral Girc, Nation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Petition number; c. Extension and total protrusion of the facility; d. 2 in. x 3 in. map of the project location; and e. Date by which written comments must be filed with the Zoning Division. 3. Sign: Posted at least 15 days before the first advertised public hearing date. C* See Chapter 8 E. of the Administrative Code for sign template. i % * * * g 34 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code 1 C. Conditional Use (CU) 2 C.1 Conditional Use Permit 3 4 5 Notice for Minor Notification requirements are as follows. Conditional Use q See Chapter 8 of the Administrative Code for additional notice information. petitions 1. NIM: The NIM shall be completed at least 15 days before the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. 3. Newspape Legal Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general rc--' ,,* An. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Description of the proposed land uses; and c. 2 in. x 3 in. map of the project location. 4. Sign: Posted at least 15 days before the advertised Hearing Examiner hearing date. C* See Chapter 8 E. of the Administrative Code for sign template. [Please note: If the Minor Conditional Use petition is to be heard before the BZA, the notice procedures shall be the same as the procedures for all other Conditional Use petitions listed below.] Notice for all other Notification requirements are as follows. Conditional Use C* See Chapter 8 of the Administrative Code for additional notice information. petitions 1. NIM: The NIM shall be completed at least 15 days before the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. 3. NewspapeK Legal Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing OR a Rewspaper of geR ral , ilatien. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Description of the proposed land uses; and c. 2 in. x 3 in. map of the project location. 4. Sign: Posted at least 15 days before the advertised public hearing date. C* See Chapter 8 E. of the Administrative Code for sign template. 70, * * * 8 35 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code 1 C.2. Conditional Use Extensions 2 3 4 Notice for Minor Notification requirements are as follows. Conditional Use G* See Chapter 8 of the Administrative Code for additional notice information. Extension petitions and all 1. Mailed Notice: Written notice shall be sent to property owners in the notification area other Conditional at least 15 days before the advertised public hearing. Use Extension petitions 2. Newspape Leal Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing efgeReFa' Gire ilation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; and b. Description of the proposed land uses. 3. Sign: Posted at least 15 days before the advertised Hearing Examiner hearing date. Ga See Chapter 8 8 of the Administrative Code for sign template. 5 6 7 8 C.3. Conditional Use Re -Review 9 10 11 Notice for Minor Notification requirements are as follows. G� See Chapter 8 of the Administrative Code for Conditional Use additional notice information. Re -Review petitions and for 1. Mailed Notice: Written notice shall be sent to property owners in the notification area all other at least 15 days before the first advertised public hearing. Conditional Use Re -Review 2. Newspaper Legal Advertisements: The legal advertisement shall be published at least petitions 15 days before each advertised public hearing '^ a ewspaper of geReral Gire ilatien. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; and b. Description of the proposed land uses. 12 13 D. Development of Regional Impact (DRI) 14 15 16 17 D.2. DRI Abandonment 18 19 * * * 36 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code 1 Notice In accordance with F.S. § 380.06 and the Florida Administrative Code, and F.S. § 2 3 * * * 4 5 D.3 DRI Development Order Amendment 6 7 * * 8 Notice In accordance with F.S. § 380.06 and Florida Administrative Code, and F.S. § 9 10 11 12 E. 13 14 15 16 17 * * * * * * * * * * * * Mixed Use Project (MUP) - Public Hearing for use of Bonus Density Pool and/or other Deviations * * * * * * * * * * * * Notice Notification requirements are as follows: Ga See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Nowspaps; Legal Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Description of the proposed land uses; and c. 2 in. x 3 in. map of the project location for the -BCC advertisement. 4. Sign: Posted at least 15 days before the advertised Planning Commission hearing date. G* See Chapter 8 E. of the Administrative Code for sign template. 18 * 19 20 F. Parking Exemption - With a Public Hearing 21 37 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code 1 2 Notification requirements are as follows. G* See Chapter8 of the Administrative Code for additional notice information. 1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the subject property following the initial staff review comments and prior to the resubmittal. See Application Contents for review and approval of letter materials. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised public hearing- 3. ^Newsy pe; Legal Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing iR a Rewspaper of geR ralGirculation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; and b. Clear explanation of the parking relief sought. 4. Sign: Posted at least 15 days before the first advertised public hearing date. Ga See Chapter 8 E. of the Administrative Code for sign template. K 4 5 6 G. Planned Unit Developments (PUD) 7 8 GA Rezoning to a PUD 9 10 11 Notice Notification requirements areas follows. C� See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Nowspapo Legal Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper efgeR ral eire ilatien. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Description of the proposed land uses; c. 2 in. x 3 in. map of the project location; and d. Name and application number. 38 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code 4. Sign: Posted at least 15 days before the advertised Planning Commission hearing date. Ga See Chapter 8 E. of the Administrative Code for sign template. 1 2 * * * 3 4 G.2. PUD Amendment 5 6 * * * 7 Notice Notification requirements are as follows: a See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Naw6papo; Legal Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing ^f general carc-dataAn. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Description of the proposed land uses; and c. 2 in. x 3 in. map of the project location for the Planning Commission advertisement. 4. Sign: Posted at least 15 days before the advertised Planning Commission hearing date. C* See Chapter 8 E. of the Administrative Code for sign template. 8 9 10 11 G.3. PUD Insubstantial Change 12 13 14 Notice Notification requirements are as follows. G* See Chapter8 of the Administrative Code for additional notice information. 1. NIM: A NIM is required, however upon written request by the applicant the Hearing Examiner has the discretion to waive the NIM after the first set of review comments have been issued. This NIM waiver is not applicable to matters coming before the Planning Commission when it is deemed to be the decision maker. If the NIM has not been waived, it shall be completed at least 15 days before the first advertised 39 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code 1 2 3 4 5 6 %I hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. 3. Newspapex Legal Advertisements: The legal advertisement shall be published at least 15 days before each advertised hearing of general e-latien. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Description of the proposed land uses; and c. 2 in. x 3 in. map of the project location. 4. Sign: Posted at least 15 days before the first advertised hearing date. C* See Chapter 8 E. of the Administrative Code for sign template. * * * * * * * * * * * * * H. Rezoning - Standard * * * * * * * * * * * * * Notice- Notification requirements are as follows. C* See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification Area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Legal Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing of general ,,';#�An. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Description of the proposed land uses; c. 2 in. x 3 in. map of the project location; d. PUD name and ordinance number; e. Description of rezone; and f. Description of location. 4. Sign: Posted at least 15 days before the advertised Planning Commission hearing date. C* See Chapter 8 E. of the Administrative Code for sign template. 9 40 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code 1 L Sign Variance 2 3 4 Notice Notification requirements are as follows. C:> See Chapter 8 of the Administrative Code for additional notice information. 1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the subject property following the initial staff review comments and prior to the resubmittal. See Application Contents for review and approval of letter materials. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. The mailed notice shall be sent by the applicant following approval by the Zoning Division. 3. NewspaperLegal Advertisements: The legal advertisement shall be published at least 15 days before each advertised hearing OR a ReWSPaper Of geR ral Girculation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Description of the proposed land uses; and c. 2 in. x 3 in. map of the project location. 4. Sign: Posted at least 15 days before the first advertised hearing date. Ga See Chapter 8 E. of the Administrative Code for sign template. 5 6 7 8 J. Variance 9 10 11 Notice Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for additional notice information. 1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the subject property following the initial staff review comments and prior to the resubmittal. See Application Contents for review and approval of letter materials. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. The mailed notice shall be sent by the applicant following approval by the Planning and Zoning Division. 3. ^@F Legal Advertisements: The legal advertisement shall be published at least 15 days before each advertised hearing of o. Fal -kAi n The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Description of the requested variance; and 41 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code c. 2 in. x 3 in. map of the project location. 4. Sign: Posted at least 15 days before the advertised Hearing Examiner hearing date. G* See Chapter 8 E. of the Administrative Code for sign template. 1 2 3 4 K. Compatibility Design Review 5 6 7 Notice Notification requirements are as follows. C*See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Legal Advertisements: The legal advertisement shall be published at least 15 days prior to the hearing i^ a Rewspaper ^fgeneral eire lotto^. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Description of the proposed land uses; and c. 2 in. x 3 in. map of the project location. 2. Mailed Notice: For the purposes of this mailed notice requirement, written notice shall be sent to property owners located within 1,000 feet from the property line of the golf course at least 15 days prior to the advertised public hearings. 3. Sign: Posted at least 15 days before the advertised public hearing date. G* See Chapter 8 E. of the Administrative Code for sign template. 8 9 10 11 L. Comparable Use Determination 12 13 14 Notice Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Legal Advertisement: At least 15 days before the hearing +a --a ReWSpaper of geReral GirGula . 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; 42 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code e. Proposed permitted use; and f. Description of location; and. g. 2 inch x 3 inch map of the project location; # # # # # # # # # # # # # Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures 1 Chapter 4. Administrative Procedures 2 3 The permits and approvals listed in this Chapter do not require a public hearing, unless a decision on the permit is 4 appealed. 5 6 7 8 G. Official Interpretation of the Land Development Code 9 10 11 Notice — For Notification requirements are as follows. G* See Chapter8 of the Administrative Code interpretation of for additional notice information. County wide application of the 1. Newspaper Legal Advertisements: Upon issuance of the interpretation, the GMP and LDC County Manager or designee shall provide a legal advertisement that is published in a newspaper of general circulation. The advertisement shall include at a minimum: a. Brief summary of interpretation; b. Location of affected property; and c. Appeal time frame. Notice- For Notification requirements are as follows. interpretations C* See Chapter 8 of the Administrative Code for additional notice information. affecting a specific parcel of land 1. Notification of affected property owner: If an official interpretation has been requested by an affected party other than the property owner, Collier County shall notify the property owner that an official interpretation has been requested. 2. Mailed Notice: Upon issuance of the interpretation, the County Manager or designee shall provide written notice of the interpretation to property owners within 300 feet of the property lines of the land for which the interpretation is requested. 43 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code 3. Nowspaps Legal Advertisements: Upon issuance of the interpretation, the County Manager or designee shall provide for a legal advertisement that is published i^ Of geR ral Giro ilation. The advertisement shall include at a minimum: a. Brief summary of interpretation; b. Location of affected property; c. Appeal time frame; and d. Project Location Map. 1 2 * * * 3 4 J.6. Special Events 5 6 7 Notice 1. Mailed Notice: None required, unless it is an event that requires the temporary use of the right-of-way of any arterial or collector roadway of which necessitates closing all or part of the County right -of way between the hours of 7:00 AM through 9:00 AM or 3:30 PM through 6:30 PM. written notice shall be sent 30 days prior to the day of the event, to property owners, neighborhood associations and business associations within one -quarter mile (2,640 feet) of the County Right -of -Way impacted by the event. 2. Newspape; Legal Advertisement: For the temporary use of right-of-way, a legal advertisement shall be published at least 30 days before the Hearing Examiner or BCC public hearing date in , Rewspaper of general dre, ilatien. The advertisement shall include at a minimum: a. Clear explanation of the temporary event's purpose, use of right-of-way and affect upon the right-of-way between the actual hours of event operations. b. Date, time, and location of the public hearing. C. 2 in. x 3 in. map of the event's location. 8 * * * 9 # # # # # # # # # # # # # 10 11 Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions 12 13 Chapter 6. Waivers. Exemptions. and Reductions 14 E. Alcohol Beverage Distance Waiver 15 16 17 44 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code Notification requirements are as follows. Ga See Chapter8 of the Administrative Code for additional notice information. 1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the subject property following the initial staff review comments and prior to the resubmittal. See Application Contents for review and approval of letter materials. 2. ^owspap@F Legal Advertisements: The legal advertisement shall be published at least 15 days before the advertised hearing '^ of general d-latien. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; and b. Description of the proposed land uses. 1 2 3 4 G. Facilities with Fuel Pumps Waiver 5 6 7 Notice Notification requirements are as follows: q See Chapter 8 of the Administrative Code for additional notice information. 1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the subject property following the initial staff review comments and prior to the resubmittal. See Application Contents for review and approval of letter materials. 2. Newspaper Legal Advertisements: The legal advertisement shall be published at least 15 days before the advertised hearing iR a Rewspaper of general G latien. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; and b. Description of the proposed land uses. 8 9 10 11 H. Nonconforming Use Change (NUC) 12 13 14 Notice Notification requirements are as follows: C� See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. 45 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code 2. Newspaper Legal Advertisements: The legal advertisement shall be published at least 15 days before each advertised hearing i^ a newspaper of geR ral eirculatien. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; and b. Clear explanation of the nonconforming use change. 3. Sign: Posted at least 15 days before the first advertised hearing date. Ga See Chapter 8.E of the Administrative Code for sign template. 1 2 * * * 3 4 I. Site Plan with Deviations for Redevelopment Projects (-DR) 5 6 7 Notice Notification requirements areas follows. C* See Chapter of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. 2. Newspaper Legal Advertisement: The legal advertisement shall be published at least 15 days before each advertised hearing iR a newspaper of geR ral G-latien. The legal advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Application number and project name; c. 2 in. x 3 in. map of project location; d. Requested deviations and proposed project enhancements; and e. Description of location. 8 9 10 11 J. Post Take Plan 12 13 14 Notice Notification requirements are as follows. C* See Chapter8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area within 60 days of the date of the submittal of the application. The mailed notice shall include the following information: a. List of requested deviations; 46 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code b. A brief narrative with justification for the deviations; and C. A copy of the Post Take Plan, in either an 11 in. x 17 in. or 8 %2 in. x 11 in. format. Additional Notice- If a written objection is received from an abutting property owner within 30 days from If Written the date in which the first mailed notice was sent, then the Post Take Plan shall go before Objection is the CCPC or BZA, if appealed. Received The notice requirements for the public hearing are as follows: C:> See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. a. List of requested deviations; b. A brief narrative with justification for the deviations; and C. A copy of the Post Take Plan, in either an 11 in. x 17 in. or 8 % in x 11 in. format. 2. Alews{aapo Legal Advertisements: The legal advertisement shall be published at least 15 days before the advertised hearing of general Girculatien. The advertisement shall include at a minimum: a. Date, time and location of the hearing; b. Description of the proposed land uses; and c. 2 in. x 3 in. map of the project location. 1 2 * * * 3 4 M. Deviation Requests for Projects in the Golden Gate Parkway Overlay 5 District (DR-GGPOD) 6 8 Notice Notification requirements are as follows. C:> See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. 2. Newspaper Legal Advertisement: The legal advertisement shall be published at least 15 days before each advertised hearing i^ a Rewspaper of general G-ilatien. The legal advertisement shall include at minimum: a. Date, time, and location of the hearing; b. Application number and project name; C. 2 in. x 3 in. map of project location; d. Requested deviations and proposed project enhancements; and 47 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code e. Description of location 3. Sign: Posted at least 15 days before the first advertised hearing date. G� See Chapter 8.E of the Administrative Code for sign template. 1 2 3 4 N. Limited Density Bonus Pool Allocation (LDBPA) 5 6 7 Notice Notification requirements are as follows: G* See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. 2. Nowspapar Legal Advertisement: The legal advertisement shall be published at least 15 days before each advertised hearing of general , I,*k^^. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Application number and project name; C. 2 in. x 3 in. map of project location; and d. Description of location. g 9 # # # # # # # # # # # # # 10 Collier County Land Development Code I Administrative Procedures Manual Chapter 8 / Public Notice 11 Chapter 8. Public Notice 12 13 A. Generally 14 15 Many land use decisions in the County require public notice to the general community and/or the 16 surrounding neighborhoods regarding an applicant's development plans. Each Administrative Code 17 section describes the types of notice required, if any, for a petition or a permit. This section identifies 18 the different types of public notice procedures and specific information necessary to fulfill the notice 19 requirement. 20 48 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code 1 2 3 4 5 6 7 8 9 The following are the types of public notice that may be required: 10 B. 11 12 13 1. Neighborhood Information Meeting (NIM) 2. Mailed Written Notice 3. Newspape Legal Advertisement 4. Posting of a Sign S. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) 6. Agent Letter Neighborhood Information Meeting * * * * * * * * * * * * Notice The NIM shall be noticed as follows: Requirements 1. Mailed Notice: Written notice shall be sent to property owners in notification area at least 15 days before the NIM meeting. a. The applicant shall also provide written notice of the NIM to property owners, condominium, and civic associations whose members may be affected by the proposed land use change and who have formally requested the County to be notified. Each mailed notice shall contain the following: "The purpose and intent of this Neighborhood Information Meeting is to provide the public with notice of an impending zoning application and to foster communication between the applicant and the public. The expectation is that all attendees will conduct themselves in such a manner that their presence will not interfere with the orderly progress of the meeting." 2. Newspapex Legal Advertisement: The legal advertisement shall be published at least 15 days before the NIM meeting i^ a Rewspaper Of geR ral c-lation. The advertisement shall include at a minimum: a. Date, time, and location of the NIM meeting; b. Petition name, number and applicant contact info; c. Purpose of the NIM meeting; d. Description of the proposed land uses; and e. 2 in. x 3 in. map of the project location. Location The applicant must arrange the location of the meeting. To promote increased participation and convenience to the interested members of the public, all NIMs shall be conducted at a physical location, to allow for in -person attendance, and virtually, utilizing videoconferencing technology. The in -person location must be reasonably convenient to the property owners who receive the required notice. The facilities must be of sufficient size to accommodate the expected attendance. Conduct of 1. Conduct of Meeting: A Collier County staff planner or designee shall attend the NIM Meeting and and record all commitments made by the applicant during the meeting while Decorum remaining neutral and providing clarification regardingthe next stepsthe petition must follow in the review process, including the anticipated future public hearings that are 49 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code associated with the petition. The applicant shall make a presentation of how they intend to develop the subject property. The applicant is required to record the NIM proceedings and provide an audible audio/video copy to the Zoning Division, including a written summary. When video conferencing is used, it must have the capability to capture the written comments from the attendees. These written comments will be included in the written summary of the NIM. The applicant must provide the following at the NIM for review and comment, including but not limited to: a. The proposed uses and density/intensity of the project; b. The proposed Master Plan, when applicable; and c. The current LDC zoning district uses and development regulations. 2. Decorum: The expectation is that all NIM attendees will conduct themselves in such manner that their presence will not interfere with the orderly progress of the meeting. For in -person meetings, the applicant is encouraged to provide a licensed and qualified security detail, which will be at the applicant's expense. If the applicant or staff planner determines the NIM cannot be completed due to the disorderly conduct of the members of the public, the applicant shall have the right to adjourn the NIM but be required to conduct another duly advertised NIM, either in -person or via videoconferencing technology, or both, at the applicant's discretion. Meeting Follow- 1. After a NIM is completed, the applicant will submit a written summary of the NIM Up and any commitments that have been made to the assigned planner. These commitments will: a. Become part of the record of the proceedings; b. Be included in the staff report for any subsequent review and approval bodies; and c. Be considered for inclusion in the conditions of approval of any applicable development order. 2. The County staff planner or designee shall promptly post the written summary and audio/video recording of the NIM to the County's website for public inspection. Updated Resolution 2023-211 1 2 3 4 D. Legal Advertisement 5 Applicability For applicable land use petitions, the newriap" legal advertisement shall be as follows. A copy of the Rawspaper legal advertisement shall be kept available for public inspection during regular business hours of the Office of Clerk to the Board of County Commissioners. The notice of proposed enactment shall include where the proposed ordinance or resolution may be inspected by the public. The notice shall also advise that 50 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code Updated 1 interested parties may appear at the meeting and be heard with respect to the proposed ordinance or resolution. The newspaper legal advertisement shall be published at least 15 days before each advertised public hearing iR a Rewspaper of geR Fal ' lotion. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Petition name, number and applicant contact info; c. Description of the proposed land uses; and d. 2 in. x 3 in. map of the project location, as applicable. 2 * * * 3 4 F. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) 5 6 7 SOM Notice Each SOM shall be noticed as follows: Requirements 1. Nawrpapsr Legal Advertisements: The legal advertisement shall be published at least 15 days before the SOM in a Rewspa per of genera! G-latiAn. The advertisement shall include at a minimum: a. Date, time, and location of the SOM; b. Petition name, number and applicant contact info; c. Notice of the intention to convert the golf course to a non -golf course use; d. Brief description of the proposed uses; and e. 2 in. x 3 in. map of the project location. 2. Mailed Notice: For the purposes of this mailed notice requirement, written notice shall be sent to property owners located within 1,000 feet from the property line of the golf course at least 15 days before the first SOM. The mailed notice shall include the following: a. Date, time, and location of each SOM included in the mailed notice; b. Petition name, number and applicant contact info; c. Notice of the intention to convert the golf course to another use; d. A brief description of the proposed uses; e. A statement describing that the applicant is seeking input through a stakeholder outreach process; 51 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A —Administrative Code 1 2 3 4 5 6 7 f. The user-friendly web address where the meeting materials, such as the Developers Alternatives Statement, can be accessed; g. A brief description of the visual survey and the user-friendly web address where the survey can be accessed; and h. The dates that the web -based visual survey will be available online. * * * * * * * * * * * * * # # # # # # # # # # # # # Collier County Land Development Code I Administrative Procedures Manual Chapter 13 / Glossary Chanter 13. Glossary Addressing An addressing checklist is a form that must be signed by a member oft he Addressing Staff. Checklist This form indicates the petition type, the legal description, folio/property identification number, the street address, location information, and a survey for unplatted properties. The addressing checklist form can be found on the Collier County website, on the Zoning and Land Use Application page. Applicant A person or entity who files an application with the Growth Management Community Development Department, including their representative or agent. Applicant Contact The applicant contact information should include, but not limited to the following: Information . Applicant/owner or agent's: o Name; o Address; o Phone number; o Email address; and .................................................................. o The name of the firm where the agent is employed, if applicable. . ......................................................................................................................................................................................................................................................................................................................... Architect A natural person who is licensed under F.S. Chapter 481, Part I to engage in the practice of .................................................................. architecture. _......................................................................................................................................................................................................................................................................................................................... Engineer A person who is licensed to engage in the practice of engineering under F.S. Chapter 471, and who practices principally in the design and construction of public works or infrastructure. Collier County The general codification of the general and permanent ordinances of Collier County, Code of Laws & Florida. The Code of Laws and Ordinances is available online at www.municode.com. Ordinances 52 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit A — Administrative Code 1 2 3 M Electronic Copies An electronic version of all plans and documents, in PDF or Word format, on a CDROM as of all Documents part of the submittal package. Landscape A person who holds a license to practice landscape architecture in the State of Florida Architect under the authority of F.S. Chapter 481, Part II. .................................................................. _........................................................................................................................................................................................................................................................................................................... Land The Collier County Land Development Code 2004-41. The LDC is available online at Development www.municode.com. Code (LDC) .................................................................. _........................................................................................................................................................................................................................................................................................................... Mailed Notice Ga See LDC section 10.03.05 B. NIM G:> See LDC section 10.03.05 A. JuewsWaWer-le gal Ga See LDCsection 10.03.05 C, and in accordance with F.S. section 125.66 and F.S. section 50.0311. Advertisement * * * * * * * * * * * * * # # # # # # # # # # # # # 53 G:\LDC Amendments\Advisory Boards and Public Hearing s\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit B — F.S. Chapter 50 — Legal and Official Advertisements The 2024 Florida Statutes Title VI Chapter 50 View Entire Chapter CIVIL PRACTICE AND PROCEDURE LEGAL AND OFFICIAL ADVERTISEMENTS CHAPTER 50 LEGALAND OFFICIAL ADVERTISEMENTS 50.011 Publication of legal notices. 50.021 Publication when no newspaper in county. 50.0211 Internet website publication. 50.031 Newspapers in which legal notices and process may be published. 50.0311 Publication of advertisements and public notices on a publicly accessible website and governmental access channels. 50.041 Proof of publication; uniform affidavits required. 50.051 Proof of publication; form of uniform affidavit. 50.061 Amounts chargeable. 50.0711 Court docket fund; service charges; publications. 50.011 Publication of legal notices. —Whenever by statute an official or legal advertisement or a publication or notice in a newspaper or on a governmental agency website has been or is directed or permitted in the nature of or in lieu of process, or for constructive service, or in initiating, assuming, reviewing, exercising, or enforcing jurisdiction or power, or for any purpose, including all legal notices and advertisements of sheriffs and tax collectors, such legislation, whether existing or repealed, means either of the following: (1) A publication in a newspaper printed and published periodically at least once a week, containing at least 25 percent of its words in the English language, available to the public generally for the publication of official or other notices and customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public, which: (a) Has an audience consisting of at least 10 percent of the households in the county or municipality, as determined by the most recent decennial census, where the legal or public notice is being published or posted, by calculating the combination of the total of the number of print copies reflecting the day of highest print circulation, of which at least 25 percent of such print copies must be delivered to individuals' home or business addresses, as certified biennially by a certified independent third -party auditor, and the total number of online unique monthly visitors to the newspaper's website from within the state, as measured by industry -accepted website analytics software. The newspaper must also be sold, or otherwise available to the public, at no less than 10 publicly accessible outlets. For legal and public notices published by nongovernmental entities, the newspaper's audience in the county or municipality where the project, property, or other primary subject of the notice is located must meet the 10 percent threshold; or (b) Is entered or qualified to be admitted and entered as periodical class mail at a post office in the county where published. (2) A publication on a publicly accessible website under s. 50.0311. History.—s. 2, ch. 3022, 1877; RS 1296; GS 1727; s. 1, ch. 5610, 1907; RGS 2942; s. 1, ch. 12104, 1927; CGL 4666, 4901; s. 1, ch. 63-387; s. 6, ch. 67-254; s. 21, ch. 99-2; s. 1, ch. 2021-17; s. 1, ch. 2022-103. Note. —Formers. 49.01. www.leg.state.f. us/statutes!index.cfm?App_mode=Display_Statute&U RL=0000-00991OO50)0050.html 1 /5 54 GALDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit B — F.S. Chapter 50 — Legal and Official Advertisements 55 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit B — F.S. Chapter 50 — Legal and Official Advertisements 1 f31125, 9:43 AM Statutes & Constitution :View Statutes : Online Sunshine 50.021 Publication when no newspaper in county. —When any law, or order or decree of court, directs advertisements to be made in a county and there is no newspaper published in the county, the advertisement may be published on a publicly accessible website as provided in s. 50.0311 or made by posting three copies thereof in three different places in the county, one of which shall be at the front door of the courthouse, and by publication in the nearest county in which a newspaper qualified Lander this chapter is published. History.—RS 1297; GS 1728; RGS 2943; CGL 4667; s. 6, ch. 67-254; s. 2, ch. 2021-17; s. 2, ch. 2022-103. Note. —Former s. 49.02. 50.0211 Internet website publication.— (1) This section applies to legal notices that must be published in accordance with this chapter unless otherwise specified. (2) If a governmental agency publishes a legal notice in the print edition of a newspaper, each legal notice must be published on the newspaper's website on the same day that the printed notice appears in the newspaper, at no additional charge, in a separate web page titled "Legal Notices," "Legal Advertising," or comparable identifying language. A link to the legal notices web page shall be provided on the front page of the newspaper's website that provides access to the legal notices. If there is a specified size and placement required for a printed legal notice, the size and placement of the notice on the newspaper's website must optimize its online visibility in keeping with the print requirements. The newspaper's web pages that contain legal notices must present the legal notices as the dominant and leading subject matter of those pages. The newspaper's website must contain a search function to facilitate searching the legal notices. A fee may not be charged, and registration may not be required, for viewing or searching legal notices on a newspaper's website if the legal notice is published in a newspaper. (3)(a) If a legal notice is published in the print edition of a newspaper, the newspaper publishing the notice shall place the notice on the statewide website established and maintained as an initiative of the Florida Press Association as a repository for such notices located at the following address: www.ftoridapubticnotices.com. (b) A legal notice placed on the statewide website created under this subsection must be: 1. Accessible and searchahle by party name and case number. 2. Published for a period of at least 90 consecutive days after the first day of publication. (c) The statewide website created under this subsection shall maintain a searchable archive of all legal notices published on the publicly accessible website for 18 months after the first day of publication. Such searchable archive shall be provided and accessible to the general public without charge. History.—s. 1, ch. 2012-212; s. 1, ch. 2014-210; s. 3, ch. 2021-17; s. 3, ch. 2022-4; s. 3, ch. 2022-103. 50.031 Newspapers in which legal notices and process may be published. —If a governmental agency publishes a legal notice in a newspaper, no notice or publication required to be published in the nature of or in lieu of process of any kind, nature, character, or description provided for under any law of the state, whether heretofore or hereafter enacted, and whether pertaining to constructive service, or the initiating, assuming, reviewing, exercising, or enforcing jurisdiction or power, by any court in this state, or any notice of sale of property, real or personal, for taxes, state, county, or municipal, or sheriff's, guardian's, or administrator's or any sale made pursuant to any judicial order, decree, or statute or any other publication or notice pertaining to any affairs of the state, or any county, municipality, or other political subdivision thereof, shall be deemed to have been published in accordance with the statutes providing for such publication, unless the same shall have been published for the prescribed period of time required for such publication, in a newspaper which at the time of such publication shall have been in existence for 2 years and meets the requirements set forth in s. 50.011, or in a newspaper which is a direct successor of a newspaper which has been so published; provided, however, that nothing herein contained shall apply where in any county there shall be no newspaper in existence which shall have been published for the length of time above prescribed. No legal publication of any kind, nature, or description, as herein defined, shall be valid or binding or held to be in compliance with the statutes providing for such publication unless the same shall have been published in accordance with this section or s. 50.0311. Proof of such publication shall be made by uniform affidavit. www.leg.state.fl.uslstatutesiindex.cfrn?App mode=Display_Statute&URL=0000-0099/0050/0050.htm1 215 30 GALDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit B — F.S. Chapter 50 — Legal and Official Advertisements I f31125, 9:43 AM Statutes & Constitution :View Statutes : Online Sunshine History.—ss. 1-3, ch. 14830, 1931; CGL 1936 Supp. 4274(1); s. 7, ch. 22858, 1945; s. 6, ch. 67-254; s. 1, ch. 74-221; s. 22, ch. 99-2; S. 4, ch. 2021-17; s. 4, ch. 2022-103. Note. —Former s. 49.03. 50.0311 Publication of advertisements and public notices on a publicly accessible website and governmental access channels.— (1) For purposes of this chapter, the term "governmental agency" means a county, municipality, school board, or other unit of local government or political subdivision in this state. (2) For purposes of notices and advertisements required under s. 50.011, the term "publicly accessible website" means a county's official website or other private website designated by the county for the publication of legal notices and advertisements that is accessible via the Internet. All advertisements and public notices published on a website as provided in this chapter must be in searchable form and indicate the date on which the advertisement or public notice was first published on the website. (3) A governmental agency may use the publiciy accessible website of the county in which it lies to publish legally required advertisements and public notices if the cost of publishing advertisements and public notices on such website is less than the cost of publishing advertisements and public notices in a newspaper. (4) A governmental agency with at least 75 percent of its population located within a county with a population of fewer than 160,000 may use a publicly accessible website to publish legally required advertisements and public notices only if the governing body of the governmental agency, at a public hearing that has been noticed in a newspaper as provided in this chapter, determines that the residents of the governmental agency have sufficient access to the Internet by broadband service, as defined in s. 364.02, or by any other means, such that publishing advertisements and public notices on a publicly accessible website will not unreasonably restrict public access. (5) A special district spanning the geographic boundaries of more than one county that satisfies the criteria for publishing and chooses to publish legally required advertisements and public notices on a publicly accessible website must publish such advertisements and public notices on the publicly accessible website of each county it spans. For purposes of this subsection, the term "special district" has the same meaning as in s. 189.012. (6) A governmental agency that uses a publicly accessible website to publish legally required advertisements and public notices shall provide notice at least once per year in a newspaper of general circulation or another publication that is mailed or delivered to all residents and property owners throughout the government's jurisdiction, indicating that property owners and residents may receive legally required advertisements and public notices from the governmental agency by first-class mail or e-mail upon registering their name and address or e- mail address with the governmental agency. The governmental agency shall maintain a registry of names, addresses, and e-mail addresses of property owners and residents who have requested in writing that they receive legally required advertisements and public notices from the governmental agency by first-class mail or e-mail. (7) A link to advertisements and public notices published on a publicly accessible website shall be conspicuously placed: (a) On the website's homepage or on a page accessible through a direct link from the homepage. (b) On the homepage of the website of each governmental agency publishing notices on the publicly accessible website or on a page accessible through a direct link from the homepage. (8) A governmental agency that has a governmental access channel authorized under s. 610.109 may also include on its governmental access channel a summary of all advertisements and public notices that are published on a publicly accessible website. (9) A public bid advertisement made by a governmental agency on a publicly accessible website must include a method to accept electronic bids. History.—s. 5, ch. 2022-103. 50.041 Proof of publication; uniform affidavits required.— (1) All affidavits made for the purpose of establishing proof of publication of public notices or legal advertisements shall be uniform throughout the state. www leg.state.fl.uslstatuteslindex.cfm?App_mode=Display_Statute&URL=D000-00991005010050.htmI 3/5 57 G:\LDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit B — F.S. Chapter 50 — Legal and Official Advertisements 1 f31125, 9:43 AM Statutes & Constitution :View Statutes Online Sunshine (2) Each such affidavit shall be printed upon white paper and shall be 81/2 inches in width and of convenient length, not less than 51/2 inches. A white margin of not less than 21/2 inches shall be left at the right side of each affidavit form and upon or in this space shall be substantially pasted a clipping which shall be a true copy of the public notice or legal advertisement for which proof is executed. Alternatively, the affidavit may be provided in electronic rather than paper form, provided the notarization of the affidavit complies with the requirements of s. 117.021. (3) There may be a charge not to exceed $2 levied for the preparation and execution of each such proof of publication or affidavit. History.—s. 1, ch. 19290, 1939; CGL 1940 Supp. 4668(f ); s. 1, ch. 63-49; s. 26, ch. 67-254; s. 1, ch. 76-58; s. 2, ch. 2012-212; S. 5, ch. 2021-1T Note. —Former s. 49.04. 50.051 Proof of publication; form of uniform affidavit. —The printed form upon which all such affidavits establishing proof of publication are to be executed shall be substantially as follows: NAME OF COUNTY STATE OF FLORIDA COUNTY OF : Before the undersigned authority personally appeared , who on oath says that he or she is of County, Florida; that the attached copy of advertisement, being a in the matter of in the Court, was published on the publicly accessible website of County, Florida, or in a newspaper by print in the issues of on date). Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Sworn to and subscribed before me this day of ear , by , who is personally known to me or who has produced )type of identification) as identification. _jSfpnature of Notary. Publicl_ )Priest Typ_ or Stamp Commissioned Name of Notary. Public) fNotary Public) History.—s. 2, ch. 19290, 1939; CGL 1940 Supp. 4668(2); s. 6, ch. 67-254; s. 1, ch. 93-62; s. 291, ch. 95-147; s. 23, ch. 99-2; s. 3, ch. 99- 6; s. 6, ch. 2021-17; s. 6, ch. 2022-103. Note. —Former s. 49.05. 50.061 Amounts chargeable.— (1) The publisher of any newspaper publishing any and all official public notices or legal advertisements shall charge therefor the rates specified in this section without rebate, commission or refund. (2) The charge for publishing each such official public notice or legal advertisement shall be 70 cents per square inch for the first insertion and 40 cents per square inch for each subsequent insertion, except that government notices required to be published more than once, the cost of which is paid for by the government and not paid in advance by or allowed to be recouped from private parties, may not be charged for the second and successive insertions at a rate greater than 85 percent of the original rate. (3) Where the regular established minimum commercial rate per square inch of the newspaper publishing such official public notices or legal advertisements is in excess of the rate herein stipulated, said minimum commercial rate per square inch may be charged for all such legal advertisements or official public notices for each insertion, except that government notices required to be published more than once, the cost of which is paid for by the government and not paid in advance by or allowed to be recouped from private parties, may not be charged for the second and successive insertions at a rate greater than 85 percent of the original rate. www.leg.state.fl.us/statuteslindex.cfm?App mode=Display_Statute&URL=0000-00991C05010050.html 4/5 GALDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx Exhibit B — F.S. Chapter 50 — Legal and Official Advertisements 1131125, 9:43 AM Statutes & Constitution :View Statutes : Online Sunshine (4) A governmental agency publishing an official public notice or legal advertisement may procure publication by soliciting and accepting written bids from newspapers published in the county, in which case the specified charges in this section do not apply. (5) If the public notice is published in the print edition of a newspaper, the publishing of the notice on the newspaper's website pursuant to s. 50.0211(2) must be done at no additional charge. (6) All official public notices and legal advertisements shall be charged and paid for on the basis of 6-point type on 6-paint body, unless otherwise specified by statute. (7) Any person violating this section, either by allowing or accepting any rebate, commission, or refund, commits a misdemeanor of the second degree, punishable as provided in S. 775.082 or s. 775.083. (8) Failure to charge the rates prescribed by this section shall in no way affect the validity of any official public notice or legal advertisement and shall not subject same to legal attack upon such grounds. History.—s. 3, ch. 3022, 1877; IRS 1298; G5 1729; RGS 2944; s. 1, ch. 12215, 1927; CGL 4668; ss. 1, 2, 2A, 2133 ch. 20264, 1941; s. 1, ch. 23663, 1947; s. 1, ch. 57-160; s. 1, ch. 63-50; s. 1, ch. 65-569; s. 6, ch. 67-254; s. 15, ch. 71-136; s. 35, ch. 73-332; s. 1, ch. 90-279; s. 3, ch. 2012-212; s. 2, ch. 2014-210; s. 7, ch. 2021-17; s. 7, ch. 2022-103. Note. —Former s. 49.06. 50.0711 Court docket fund; service charges; publications.— (1) The clerk of the court in each county may establish a court docket fund for the purpose of paying the cost of publication of the fact of the filing of any civil case in the circuit court of the county by the style and of the calendar relating to such cases. This court docket fund shall be funded by $1 mandatory court cost for all civil actions, suits, or proceedings filed in the circuit court of the county. The clerk shall maintain such funds separate and apart, and the proceeds from this court cost shall not be diverted to any other fund or for any purpose other than that established in this section. The clerk of the court shall dispense the fund to the designated publicly accessible website publisher or record newspaper in the county on a quarterly basis. (2) If a judicial circuit publishes legal notices in a newspaper, a newspaper qualified under the terms of s. 50.011 shall be designated as the record newspaper for such publication by an order of the majority of the judges in the judicial circuit in which such county is located, and such order shall be filed and recorded with the clerk of the circuit court for such county. The designated record newspaper may be changed at the end of any fiscal year of the county by a majority vote of the judges of the judicial circuit of the county ordering such change 30 days prior to the end of the fiscal year, notice of which order shall be given to the previously designated record newspaper. (3) The publicly accessible website publisher or publishers of any designated record newspapers receiving payment from this court docket fund shall publish, without additional charge, the fact of the filing of any civil case, suit, or action filed in such county in the circuit. Such publication shall be in accordance with a schedule agreed upon between the website publisher or record newspaper and the clerk of the court in such county. (4) The publicly accessible website publisher or publishers of any designated record newspapers receiving revenues from the court docket fund established in subsection (1) shall, without charge, accept legal advertisements for the purpose of service of process by publication under s. 49.011(4), (10), and (11) when such publication is required of persons authorized to proceed as indigent persons under s. 57.081. History.—s. 46, ch. 2004-265; s. 8, ch. 2022-103. Copyright © 1995-2025 The Florida Legislature • Privacy Statement • Contact Us 59 GALDC Amendments\Advisory Boards and Public Head ngs\DSAC\2025\Apr 02\Materials\PL20250000180 Procedural Inconsistencies - LDCA (03-25-2025).docx