Agenda 09/09/2025 Item #17A (Ordinance amending the CCLDC to implement housing initiatives in the Growth Management Plan relating to housing that is affordable. [PL20210001291])9/9/2025
Item # 17.A
ID# 2025-2436
Executive Summary
*** This item is further continued to the September 23, 2025, BCC Meeting. The item was initially continued
from the June 24, 2025, to the September 9, 2025, BCC Meeting. ***
** No discussion of this item will take place at the September 9, 2025, Board of County Commissioners Meeting.
**
Recommendation to adopt an Ordinance amending the Collier County Land Development Code to implement housing
initiatives in the Growth Management Plan relating to housing that is affordable. [PL20210001291] (Second of two
hearings).
OBJECTIVE: To successfully complete the second of two hearings on a Land Development Code (LDC) amendment
to implement housing initiatives in the Growth Management Plan relating to housing that is affordable.
CONSIDERATIONS: On October 25, 2017, the Board of County Commissioners (Board) accepted the Community
Housing Plan (CHP) and authorized staff to begin its implementation on February 27, 2018. As a follow-up to that item,
the Board reviewed a Land Development Code (LDC) amendment (PL20180002172) on February 12, 2019. Ordinance
2019-02 approved new affordable housing definitions and the Affordable Housing Density Bonus Program (AHDB
Program), which increased the affordable housing density bonus from eight extra units per acre to up to 12 extra units
per acre.
At an earlier meeting on October 9, 2018, the Board directed staff to move forward with the final recommendations of
the CHP. Staff were tasked with preparing a Growth Management Plan (GMP) and LDC amendments to address five
initiatives identified in the CHP. Those initiatives are referenced in Exhibit C.
Initiative 1 was addressed when staff presented an LDC amendment (PL20200001703) to the Board on February 9,
2021. The Board adopted Ordinance 2021-05, providing relief from specified processes, to better ensure cost certainty
and savings for projects containing housing that is affordable. The proposed LDC amendment addresses Initiatives 2, 3,
and 5. The proposed provisions include the following: (2) expanding the allowance for commercial development with a
residential use or a mixed-use development (residential and commercial) when providing for housing that is affordable;
(3) increasing density within Activity Centers from 16 units per acre to 25 units per acre when providing for housing
that is affordable; and (5) increasing density opportunities along bus/transit lines. In developing these initiatives, staff
have worked with consultants, stakeholders, the development industry, non-profit agencies, and various other interested
parties over the course of the last 18 months.
This LDC amendment represents the implementation of regulations to a companion GMP amendment (PL20210000660)
to incorporate Initiatives 2, 3, and 5 within the GMP to advance opportunities for affordable housing. The companion
GMP amendment included a sunset date. It increased density (for affordable housing) and established provisions for
Strategic Opportunity Sites, which do not necessitate LDC changes. It was approved by the Board on November 14,
2023 (Ord. 2023-57). This LDC amendment will serve to implement components of Ord. 2023-57. The purpose and
intent of the Mixed-Income Program for Housing that is Affordable is to incentivize affordable housing and implement
the GMP, § 163.3161 et seq., Florida Statutes, and the Florida Administrative Code.
This LDC amendment also proposes to modify the Affordable Housing Density Bonus Rating System table in LDC
Section 2.06.03. Staff determined these changes were necessary to make the program viable by promoting the greatest
incentives to those households deemed to have the greatest needs. Within the existing Affordable Housing Density
Bonus table, the restriction placed on rental units was only available to income levels below the 80% of the Area
Median Income (AMI). This restriction did not align with the market’s response for affordable housing—most
affordable housing projects proposed over the last three years had sought to provide for income-restricted units on a
rental basis, targeting equal to or below 100% of AMI. Additionally, the income ranges within the existing table
provided too wide a spread for the Moderate range at 80-120% of AMI. To remedy this, staff created the “median”
category, which allows for a 100-120 percentage range, as well as an 80-100 percentage range. Staff utilized the
mathematics principle of ratio relationships to justify the density bonuses provided for within the new categories. These
changes are consistent with recently approved privately initiated GMP amendments and Board policy. Staff anticipates
the approval of this amendment will result in fewer privately initiated GMP amendment requests in the future. Likewise,
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Item # 17.A
ID# 2025-2436
these changes were endorsed by the Affordable Housing Advisory Committee (AHAC) at their May 21, 2024, meeting.
One change that has occurred since the Development Services Advisory Committee (DSAC) Land Development
Regulations (LDR) (DSAC-LDR) Subcommittee meeting is that staff added a minimum size to Table 2. Building
Dimension Standards for Principal Uses in Base Zoning Districts in LDC section 4.02.01 to account for the residential
units that are now proposed throughout the C-1, C-2, C-3, C-4, and C-5 zoning districts. The sizes are consistent with
the minimum sizes required in the RMF-12 and RMF-16 zoning districts.
DSAC-LDR Subcommittee Recommendation: On June 15, 2021, the DSAC-LDR Subcommittee discussed deleting
the word “inner” from the definition of Transit Core. The DSAC-LDR recommended approval of the LDC amendment
with the following changes, which have been incorporated into the amendment:
The provision for mixed-use development (residential with housing that is affordable and commercial) that is currently
proposed in the C-1, C-2, and C-3 zoning districts should also be carried forward to the C-4 and C-5 zoning districts as
well with edits made to LDC Section 4.02.38 accordingly. The LDC amendment was returned to the Subcommittee on
January 19, 2022, because numerous changes had been made since its last review in 2021. The Subcommittee
recommended approval with a request that staff review and approve their suggested changes, including the requirement
of a vegetative buffer when a residential or mixed-use project is adjacent to a single-family development.
DSAC Recommendation: On June 7, 2023, the DSAC recommended approval of the LDC amendment, including the
changes presented by staff, contingent upon requiring 14-foot-tall trees within the required buffers when a housing
project that is affordable contains building heights greater than 40 feet and is adjacent to single-family residential.
Collier County Planning Commission (CCPC) Recommendation: On March 6, 2025, at a nighttime hearing, the
CCPC reviewed a significantly updated version of the LDC amendment that the DSAC had reviewed. The CCPC
recommended approval by a vote of 5-1, contingent upon clarifying that the maximum height of 50 feet listed in LDC
section 4.02.38 C.1.c. should be based on zoned height. The dissenting Planning Commissioner stated that his objection
to the amendment was due to the potential for a developer to propose a project (by right) that does not conform to the
community, and that nobody would be notified if they were to object. This is the reason why this proposed LDC
amendment is ineligible to be placed under the Summary Agenda.
Because this LDC amendment includes a proposed change to the list of actual permitted and conditional uses of land
within a zoning category, LDC Section 10.03.06 K requires two Board hearings, with at least one hearing held after 5:00
p.m. on a weekday. As previously mentioned, the CCPC held a nighttime hearing on March 6, 2025. On April 22,
2025, the Board directed staff to waive the nighttime hearing requirement and to instead hold two regularly scheduled
daytime hearings and advertise an Ordinance that would amend the LDC. The first of the two Board meetings to review
the draft Ordinance will occur on August 26, 2025. The meeting today represents the second of the two meetings.
This item is consistent with the Collier County Strategic Plan objective to support comprehensive affordable housing
opportunities.
FISCAL IMPACT: There are no anticipated fiscal or operational impacts on the County's stakeholders associated with
this LDC amendment. There is a slight increase in the maintenance cost for Collier Area Transit for new bus stops
associated with the Transit Oriented Development (TOD) provisions, but they are anticipated to be minimal. The costs
associated with processing and advertising the proposed LDC amendment are estimated at $50. Funds have been
allocated within the Unincorporated Area General Fund (1011) and the Comprehensive Planning Cost Center (138317).
GROWTH MANAGEMENT IMPACT: No growth management impact is associated wtih this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires an affirmative vote of four
for Board approval. HAC
RECOMMENDATIONS: To adopt the proposed Ordinance amending the Collier County Land Development Code to
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Item # 17.A
ID# 2025-2436
implement housing initiatives in the Growth Management Plan relating to housing that is affordable.
PREPARED BY: Eric Johnson, AICP, CFM, Planning Manager, Zoning Division
ATTACHMENTS:
1. legal ad - agenda ID 25-2436 - CHP (Housing) LDCA-PL20210001291 -9.9.25 BCC
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NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County
Commissioners (BCC) at 9:00 A.M. on September 9, 2025, in the Board of County Commissioners
Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, TO IMPLEMENT HOUSING INITIATIVES IN THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN RELATING TO AFFORDABLE
HOUSING BY RIGHT IN CERTAIN COMMERCIAL ZONING DISTRICTS WITH A
SUNSET DATE; INCREASING DENSITY FOR AFFORDABLE HOUSING; AND
PROVIDING REGULATIONS FOR TRANSIT ORIENTED DEVELOPMENT, BY
PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT;
SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE –
GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS AND
SECTION 1.08.02 DEFINITIONS; CHAPTER TWO – ZONING DISTRICTS AND USES,
INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION
2.05.01, DENSITY STANDARDS AND HOUSING TYPES, SECTION 2.06.03 AHDB
RATING SYSTEM, ADDING SECTION 2.07.00 MIXED-INCOME HOUSING
PROGRAM FOR HOUSING THAT IS AFFORDABLE, ADDING SECTION 2.07.01
PURPOSE AND INTENT, ADDING SECTION 2.07.02 PROGRAM CRITERIA;
CHAPTER FOUR – SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING
SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE
ZONING DISTRICTS, SECTION 4.02.38 SPECIFIC DESIGN CRITERIA FOR MIXED
USE DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING DISTRICTS, ADDING
SECTION 4.02.40 HOUSING THAT IS AFFORDABLE WITHIN C-1 THROUGH C-5
COMMERCIAL ZONING DISTRICTS, ADDING SECTION 4.02.41 HOUSING THAT IS
AFFORDABLE WITHIN MIXED USE ACTIVITY CENTERS AND INTERCHANGE
ACTIVITY CENTERS OF THE GROWTH MANAGEMENT PLAN, AND ADDING
SECTION 4.02.42 TRANSIT ORIENTED DEVELOPMENT; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
[PL20210001291]
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A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials int ended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the
public hearing. All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide
public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate
remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events
on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted
on the County website. Registration should be done in advance of the public meeting, or any deadline specified within
the public meeting notice. Individuals who register will receive an email in advance of the public hearing det ailing
how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s
risk. The County is not responsible for technical issues. For additional information about the meeting, please call
Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at
least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board
of County Commissioners Office.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
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