LDC Amendment Ordinance 2025-37ORDINANCE NO. 2025 — 37
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
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 2.06.03
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
4.02.41 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)
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
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amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold an advertised public hearing on March 6, 2025, and reviewed the proposed
amendments for consistency with the Comprehensive Plan and did recommend approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on August 25, 2025, and on September23 , 2025, and did
take action concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE:RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
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2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of§ 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan or element shall be consistent
with such comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
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11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS
Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 1.08.01 Abbreviations
TND Transitional Neighborhood Design
TOD Transit Oriented Development
TP Turtle Permit
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SUBSECTION 3.B. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 1.08.02 Definitions
Affordable housing: Housing is deemed affordable when the cost of a residential
dwelling unit does not exceed 30 percent of that amount which represents the percentage of
the median annual gross income for the household, for those households within the affordable
housing income range. The calculation of such cost shall include the monthly rent and utilities
for rental units) or monthly mortgage payment, property taxes, special assessments,
insurance, and other required condominium or homeowner association fees and assessments
for owner-occupied units).
Affordable housing specifically includes the following income level targets for Collier
County, based on the income categories as determined by the Secretary of the U.S.
Department of Housing and Urban Development:
a.Very-low-income: Households whose incomes do not exceed 50 percent of the
median income.
b. Low-income: Households whose incomes are greater than 50 percent but do not
exceed 80 percent of the median income.
c.Median-income: Households whose incomes are greater than 80 percent but do
not exceed 100 percent of the median income.
de. Moderate-income: Households whose incomes are greater than 100 80 percent
but do not exceed 120 percent of the median income.
ed. Gap-income: Households whose incomes are greater than 120 percent but do
not exceed 140 percent of the median income.
Approved affordable housing: Affordable housing that includes a long-term affordability
restriction wherein the cost of housing and income of the household are known and
monitored, for a specific period of time. This includes housing that meets the criteria of LDC
section 2.06.00 Affordable Housing Density Bonus or LDC section 2.07.00 Mixed-Income
Housing Program for Housing that is Affordable.
Transfer of development rights: The transfer of development rights from one parcel to
another parcel in a manner that allows an increase in the density or intensity of development
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on the receiving property with a corresponding decrease in the remaining development rights
on the sending property.
Transit Core: The area within a quarter-mile radius around a Collier Area Transit stop,
shelter, or station. This is measured as a radial distance from the perimeter of the building or
structure footprint of the transit stop, shelter, or station.
Transit Oriented Development: A project or projects, in areas identified in the GMP, that
is or will be served by existing or planned Collier Area Transit service. TODs are subject to
standards that require the development to be compact, interconnected with other land uses, and
pedestrian oriented, and dwelling units are required to be multi-family.
SUBSECTION 3.C. AMENDMENTS TO SECTION 2.06.03 AHDB RATING SYSTEM
Section 2.06.03 AHDB Rating System, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
Section 2.06.03 AHDB Rating System
A. The AHDB rating system shall be used to determine the amount of the AHDB which may
be granted for a development, based on household income level, type of affordable
housing units (owner-occupied or rental, single-family or multi-family), and percentage of
affordable housing units in the development. To use the AHDB rating system, Table A
below, shall be used. Table A shall be reviewed and updated, if necessary, on an annual
basis by the BCC or its designee.
Table A. Affordable Housing Density Bonus
Additional Available Dwelling Units Per Gross Acre)
Maximum Allowable Density Bonus by Percent of Development Designated as Affordable Housing ',2,3
Product 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
of MI)
Gap 1 2 3 4 5 6 7 8 n/a 9 Ria
120-5140)4.5
10
Moderate 2 43 54 65 76 87 98 489 44 4211
10080—<-120)4,
10
5
Median 3 4 5 6 7 8 9 10 11 12
f>80-5100)
Low (>50-580) 8 7 5 8 7 9 8 10 9 11 40 44 12 12 12
12 12
Very-Low(550) 7 9 8 10 9 11 49 44 12 12 12 12 12
12 12
1 Total Allowable Density = Base Density + Affordable Housing Density Bonus. In no event
shall the maximum gross density exceed that which is allowed pursuant to the GMP.
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2 Developments with percentages of affordable housing units which fall in between the
percentages shown on Table A shall receive an AHDB equal to the lower of the two
percentages it lies between, plus 1/10 of a residential dwelling unit per gross acre for each
additional percentage of affordable housing units in the development.
3 Where more than one type of affordable housing unit (based on level of income shown
above) is proposed for a development, the AHDB for each type shall be calculated
separately. After the AHDB calculations for each type of affordable housing unit have been
completed, the AHDB for each type of unit shall be added to those for the other type(s) to
determine the maximum AHDB available for the development. In no event shall the AHDB
exceed 12 dwelling units per gross acre.
4 May only be used in conjunction with at least 20% at or below 100% MI Owner-occupied
en4y_
5 Owner occupied only. May only be sed • n' t• „ th t i nnoi
Ml•-
B. The AHDB shall be available to a development only to the extent that it otherwise complies
and is consistent with the GMP and the land development regulations, including the
procedures, requirements, conditions, and criteria for'PUDs" and rezonings, where
applicable.
C. The minimum number of affordable housing units that shall be provided in a development
pursuant to this section shall be 10 percent of the total housing units.
D. The ratio of number of bedrooms per affordable housing unit shall in general be equal to
the ratio of the number of bedrooms per residential unit for the entire development.
SUBSECTION 3.D. ADDING NEW SECTION 2.07.00 MIXED-INCOME HOUSING
PROGRAM FOR HOUSING THAT IS AFFORDABLE
Section 2.07.00 Mixed-Income Housing Program for Housing that is Affordable, is hereby added
to Ordinance 04-41, as amended, the Collier County Land Development Code, to read as
follows:
2.07.00 Mixed-Income Housing Program for Housing that is Affordable
2.07.01 Purpose and Intent
A. This section is intended to incentivize developments that provide a mix of housing
affordability, including units that are affordable to dap-, moderate-, median-, low-, or
very-low-income levels through the use of bonus density, which allows for an increase in
the number of residential dwelling units per acre on property proposed for development.
B. This incentivization is accomplished by implementing a Mixed-Income Housing Program,
by ordinance for a rezone to provide for housing that is affordable. The purpose of the
Program is to provide increased residential densities to developers who guarantee that
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all or a portion of their housing development will provide units that are affordable at gap-
moderate-, median-, low-, or very-low-income levels, as specified in LDC section
4.02.41 and LDC section 4.02.42.
2.07.02 Program Criteria
The following conditions shall apply to all developments associated with the Mixed-Income
Housing Program.
A. Mixed-Income Housing Program Eligibility.
1. The rental price or sales price for all units designated as Housing that is
Affordable within the project must be affordable to households at income levels
identified in the below chart to qualify for the allowable bonus density outlined in
LDC section 4.02.41, and LDC section 4.02.42:
Income Level as a percent of Median Income
Gap 120 to <_140)
Moderate 100 to <_120)
Median 80 to <_100)
Low 50 to 580)
Very Low 50)
2. At the time of application for the Development Order, the developer must identify
the total number of housing units within the development and the total number of
units that are affordable, categorized by level of income, type of unit (i.e., single-
family or multifamily, owner-occupied or rental), and number of bedrooms per
unit.
3. The ratio of the number of bedrooms per unit for housing that is affordable shall
in general be equal to or greater than the number of bedrooms per unit for the
market rate housing within an entire project.
4. The units that are affordable shall be intermixed with, and not segregated from,
the market rate units in the development.
5. In order to qualify for the bonus density through the Mixed-Income Housing
Program, the developer must comply with the provisions of this section and be
approved by ordinance rezoning the property.
B. Mixed-Income Housing Commitment. The commitment to provide Housing that is
Affordable through the Mixed-Income Housing Program will be by an ordinance for a
rezone, and shall include at a minimum, the following provisions:
1. Units committed as affordable through the Mixed-Income Housing Program shall
be affordable for 30 years from the initial date of sale or rent.
2. The conditions contained in the ordinance shall constitute covenants, restrictions,
and conditions which shall run with the land and be binding upon the property
and the owner's successors and assigns. This commitment must be agreed to
by the owner for an owner-occupied unit or by the developer for renter-occupied
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units, in an instrument to be recorded with the Clerk of the Circuit Court of Collier
County, Florida.
3. No unit that is committed as affordable through the Mixed-Income Housing
Program shall be rented to a tenant whose household income has not been
verified and certified in accordance with this section. Such verification shall be
the responsibility of the developer and shall be submitted to the County Manager
or designee for certification.
4. No unit that is committed as affordable through the Mixed-Income Housing
Program shall be sold, leased with option to purchase, or otherwise conveyed to
a buyer whose household income has not been verified and certified in
accordance with this section. Such verification shall be the responsibility of the
developer and shall be submitted to the County Manager or designee for
certification. It is the intent of this section to keep housing affordable; therefore,
any person who buys a Mixed-Income Housing Program unit must agree, in an
instrument to be recorded with the Clerk of the Circuit Court of Collier County,
Florida, that if the property is sold (to a non-income qualified buyer, including the
land and/or the unit) within 30 years after the original purchase at a sales price in
excess of five percent per year of the original purchase price that he/she will pay
to the Collier County Affordable Housing Trust Fund an amount equal to one-half
of the sales price in excess of the five percent increase per year. The lien
instrument may be subordinated to a qualifying first mortgage.
C. Income Verification and certification. Evidence of income must be verified and certified
by the County Manager or designee. The income verification and certification may take
the form of the most recent year's filed income tax return for each occupant who had
filed and will occupy the affordable housing unit. In the absence of tax returns, income
may be verified and certified in the same manner as stipulated in LDC section 2.06.05
B.4. and subject to approval by the County Attorney's Office.
1. For owner-occupied units, an income verification form must be submitted by the
developer, and a certification letter must be obtained from the County Manager
or designee stating that the household income meets the applicable income level
threshold required for the unit prior to issuance of certificate of occupancy for that
unit. The income verification and certification may take the form of the most
recent year's filed income tax return for each occupant who had filed and will
occupy the affordable housing unit.
2. For rental units, an income verification form must be submitted by the developer
or its successor once prior to initial occupancy for the unit and submitted annually
thereafter following the initial certificate of occupancy. A certification letter must
be obtained from the County Manager or designee stating that the household
income meets the applicable income level threshold required for the unit in order
for the certificate of occupancy to remain in effect at time of re-certification for
that unit. The income verification and certification may take the form of the most
recent year's filed income tax return for each occupant who had filed and will
occupy the affordable housing unit.
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SUBSECTION 3.E. ADDING SECTION 4.02.41 HOUSING THAT IS AFFORDABLE WITHIN
MIXED USE ACTIVITY CENTERS AND INTERCHANGE ACTIVITY
CENTERS OF THE GROWTH MANAGEMENT PLAN
Section 4.02.41 Housing that is Affordable within Mixed Use Activity Centers and Interchange
Activity Centers of the Growth Management Plan, is hereby added to Ordinance 04-41, as
amended, the Collier County Land Development Code, to read as follows:
Section 4.02.41 Housing that is Affordable within Mixed Use Activity Centers and Interchange
Activity Centers of the Growth Management Plan
A. To increase density beyond base density allowed within a Mixed Use Activity Center or
an Interchange Activity Center, additional units per acre are required to be affordable for
specified income levels, as identified in the chart within LDC section 2.07.02 A.
1. For residential only projects:
a. In the Urban Residential Fringe Subdistrict, projects are eligible for 1.5
DU/A without the use of TDR Credits or up to 2.5 DU/A with the use of
TDR Credits or up to 25 DU/A with the Mixed-Income Housing Program.
b. In the Urban Coastal Fringe Subdistrict, projects are eligible for up to 4
DU/A or up to 25 DU/A with the Mixed-Income Housing Program only if
located outside of the CHHA.
c.In the Urban Residential Subdistrict, projects are eligible for up to 16
DU/A or up to 25 DU/A with the Mixed-Income Housing Program only if
located outside of the CHHA.
d. The Mixed-Income Housing Program is not applicable in the
Bayshore/Gateway Triangle Redevelopment Overlay.
2. For mixed use projects:
a. In the Urban Residential Fringe Subdistrict, projects are eligible for 1.5
DU/A without the use of TDR Credits or up to 2.5 DU/A with the use of
TDR Credits or up to 25 DU/A with the Mixed-Income Housing Program.
b. In the Urban Coastal Fringe Subdistrict and in the Urban Residential
Subdistrict and not within the CHHA, projects are eligible for up to 16
DU/A or up to 25 DU/A with the Mixed-Income Housing Program only if
located outside of the CHHA.
c.In the Urban Coastal Fringe Subdistrict and in the Urban Residential
Subdistrict if located within the CHHA, projects are eligible for up to 4
DU/A. The Mixed-Income Housing Program is not applicable in the
CHHA.
d. The Mixed-Income Housing Program is not applicable in the
Bayshore/Gateway Triangle Redevelopment Overlay.
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3. The project shall be submitted as a Planned Unit Development or Planned Unit
Development Amendment.
B. The following commitments are required for housing that is affordable within Mixed Use
Activity Centers and Interchange Activity Centers.
1. Affordability commitments by Ordinance pursuant to LDC section 2.07.00.
2. For units that are to be sold, at least two-thirds of the first six units per acre
above 16 units per acre (for example, four of six units per acre of bonus density)
must be sold to households at or below the low- and/or moderate-income levels
identified within the chart in LDC section 2.07.02 A. The remaining one-third of
this increment shall have no required commitment for housing that is affordable.
Two-thirds of the final three units per acre (for example, two of three units per
acre of bonus density) shall be sold to households of any of the income levels
identified within the chart in LDC section 2.07.02 A. The remaining one-third of
this increment shall have no required commitment for housing that is affordable.
The maximum density shall not exceed 25 dwelling units per acre.
3. If the proposed project is to be a rental community, two-thirds of the bonus
density (for example, six of nine units per acre of bonus density) must be made
available to households at or below the low- and/or very-low-income levels as
identified within the chart in LDC section 2.07.03 A.1. The remaining one-third of
this increment shall have no required commitment for housing that is affordable.
The maximum density shall not exceed 25 dwelling units per acre.
C. When the proposed project is abutting any property occupied by, or zoned to permit, a
single family dwelling unit:
1. The minimum setback from the common boundaries shall be equal to the
project's proposed zoned building height; and
2. A Type "B" buffer shall be provided along the common boundaries. The trees
within such buffer shall be installed a minimum of 14 feet height if the buildings
within the housing that is affordable project are greater than 40 feet in height.
SUBSECTION 3.F. ADDING SECTION 4.02.42 TRANSIT ORIENTED DEVELOPMENT
Section 4.02.42 Transit Oriented Development, is hereby added to Ordinance 04-41, as
amended, the Collier County Land Development Code, to read as follows:
Section 4.02.42 Transit Oriented Development
A. Higher density multi-family projects are prioritized along existing and proposed Collier
Area Transit routes within portions of the Urban designated areas of the County.
B. Projects that front on an existing Collier Area Transit fixed route or on a proposed route
as identified for funding on the Transit Development Plan that are consistent with the
Transit Oriented Development Subdistrict in the GMP are eligible for a base density of
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up to 13 dwelling units per acre, subject to compliance with the design standards
identified in LDC section 4.02.42 F. Projects are eligible for an additional 12 DU/A when
providing housing that is affordable pursuant to LDC section 4.02.42 D.
C. The project shall be submitted as a Planned Unit Development or Planned Unit
Development Amendment
D. The residential component of the PUD shall be limited to multifamily units only.
E. Eligible Density.
1. Baseline TOD: a maximum of 13 units per acre.
2. Housing that is affordable TOD: a maximum of 25 units per acre.
F. Design Standards for TOD.
1. A minimum of 50 percent of all units within the project shall be located within a
transit core.
2. The requirement for internal interconnection among major project phases,
sections, or types of uses as outlined in LDC section 4.04.02 B.2 applies to TOD
project phases, sections, or types of uses. During the development or
redevelopment of TOD projects, the requirement for shared access and
interconnection as outlined in LDC section 4.04.02 B.3 shall also apply.
3. Setback for Principal Structures to project boundaries and buffer requirement.
a. Front Yard - Minimum 10 feet, maximum 25 feet.
b. Side and Rear Yard — The minimum setback shall be 50 percent of the
building height, except that when abutting any property occupied by or
zoned to permit a single-family dwelling unit, the minimum setback shall
be equal to the project's proposed building height. In these instances, a
Type "B" buffer shall be provided along the common boundaries.
4. Where a TOD is proposed along an existing Collier Area Transit (CAT) fixed
route or on a proposed route as identified for funding on the Transit Development
Plan and no transit stop, shelter, or station exists, the petitioner must provide a
commitment in the PUD to construct a permanent transit stop, shelter, or station
in accordance with the Transit Development Plan to be eligible for the TOD
density. The location shall be approved by CAT staff.
G. Additional requirements for a housinq that is affordable Transit Oriented Development.
1. Affordability commitments by Ordinance pursuant to LDC section 2.07.00.
2. For units that are to be sold, at least two-thirds of the first nine units per acre of
bonus density (six units per acre) in excess of 13 units per acre must be sold to
households at or below the low- and/or moderate-income levels identified within
the chart in LDC section 2.07.02 A. Two-thirds of the final three units per acre of
bonus density (two units per acre) shall be sold to households at any of the
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income levels identified within the chart in LDC section 2.07.02 A. The remaining
one-third of this increment shall have no required commitment for housing that is
affordable.
3.For units that are for rent, two-thirds of all units in excess of 13 units per acre
must be made available to households at or below the low- and/or very- low-
income level households as identified in the chart in LDC section 2.07.02 A. The
remaining one-third of this increment shall have no required commitment for
housing that is affordable.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE:INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, thisci) day of Sc Crn 2025.
21-LDS-00125/1968335/11248 Page 13 of 14
9-2-25
Words struck through are deleted,words underlined are added
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By: B /
Deputy Clerk tuffL. Saunders, Chairman
Attest set art%
sigtie#ure' fair`
A 1n‘
41
Approved as to form and legality:
C'ti
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
This ordinance filed with tht.;>
Sec etory of St® e's ffice tfa>
day of 2b 5
and acknowledgementf thct
filing =ce'ved this day
pf ''1 =-
21-LDS-00125/1968335/1]248 Page 14 of 14
9-2-25
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FLORIDA DEPARTMENT of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
September 25, 2025
Crystal K. Kinzel
Clerk of Court
Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Crystal Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2025-37, which was filed in this office on September 25,
2025.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270