Agenda 10/14/2025 Item #16A 1 (Advertising for a public hearing, an ordinance amending the Land Development Code - kPL20250005043)10/14/2025
Item # 16.A.1
ID# 2025-2333
Executive Summary
Recommendation to direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land
Development Code, to increase the floor area ratio from 0.45 to 0.60 for group housing, PL20250005043.
OBJECTIVE: Recommendation to direct staff to advertise and bring back for a public hearing an Ordinance amending
the Land Development Code, to increase the floor area ratio from 0.45 to 0.60 for group housing.
CONSIDERATIONS: On March 6, 2025, the Collier County Planning Commission directed staff to begin an LDC
Amendment to increase the maximum Floor Area Ratio (FAR) for group housing facilities from 0.45 to 0.60.
Additionally, on April 22, 2025, the Board of County Commissioners, under agenda item 15.C Board and Staff General
Communications, further directed staff to begin on an LDC Amendment to increase the maximum FAR from 0.45 to
0.60 for group housing facilities, county-wide The discussion was started by Commission McDaniel, Jr. to formalize a
common deviation requested by PUDs and to help facilitate current group housing facilities market needs.
The original provisions for Floor Area Ratio (FAR) for Group Housing were introduced into the LDC pursuant to
Ordinance 1997-26. The FAR standard of 0.45 for group housing was determined by staff at that time by reviewing all
current and planned group care facilities, both existing and forthcoming. The research found that the largest group
housing facility at that time (i.e., The Carlisle) had a FAR of 0.456. Standards have remained relatively unchanged
since 1997. A greater FAR was first introduced through a Growth Management Plan Amendment (Ordinance 05-25 on
June 7, 2005) that approved the Vanderbilt Beach Road Neighborhood Commercial Subdistrict and allowed for a
maximum FAR of 0.60 and 200 units of assisted living facilities, independent living facilities, continuing care
retirement communities, and nursing homes. In 2015, an LDC Amendment was proposed requiring conditional use
approval for Group Housing with a FAR between 0.45 and 0.60, identifying that there is no land use procedure to
request or analyze FAR greater than 0.45 in relation to neighboring properties in a conventional zoning district. The
LDC Amendment was unanimously recommended for approval by the CCPC on May 25, 2016, as part of the 2015
Cycle 2 LDC Amendments presented by staff. No further Board action was taken on this LDC Amendment.
This LDC Amendment implements the Board's direction to increase the maximum floor area ratio from 0.45 to 0.60 for
Planned Unit Developments and Commercial zoning districts. This LDC Amendment also corrects a scrivener's error in
LDC section 5.05.04 D, "aging-in-pace" that should read "aging-in-place."
LDC amendments are reviewed by the Board, Collier County Planning Commission (CCPC), Development Services
Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR).
DSAC-LDR Subcommittee Recommendation: On May 20, 2025, the DSAC-LDR Subcommittee recommended
approval of this LDC amendment.
DSAC Recommendation: The DSAC recommended approval of the LDC amendment on June 4, 2025.
Collier County Planning Commission (CCPC) Recommendation: The CCPC recommended approval of the LDC
amendment on September 24, 2025.
This item is consistent with the Collier County Strategic Plan objective of Responsible Governance to lead by example
with positive and purpose-driven actions.
FISCAL IMPACT: There are no anticipated fiscal or operational impacts to the County’s stakeholders associated with
this LDC amendment. 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 with this action.
Page 1601 of 6526
10/14/2025
Item # 16.A.1
ID# 2025-2333
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for direction
to advertise. -HFAC
RECOMMENDATIONS: To direct staff to advertise and bring back for a public hearing an Ordinance amending the
Land Development Code, to increase the floor area ratio from 0.45 to 0.60 for group housing.
PREPARED BY: Eric L. Johnson, AICP, CFM, Planning Manager, Zoning Division
ATTACHMENTS:
1. Draft Ordinance
2. LDCA (09-25-2025)
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ORDINANCE NO. 25 – ___
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 INCREASE THE FLOOR AREA RATIO FOR
GROUP HOUSING WITHIN PLANNED UNIT DEVELOPMENTS AND
COMMERCIAL ZONING DISTRICTS FROM 0.45 TO 0.60, BY
AMENDING SECTION 5.05.04, GROUP HOUSING; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
PROVIDING FOR AN EFFECTIVE DATE. [PL20250005043]
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold an advertised public hearing on September 24, 2025, and reviewed the
proposed amendments for consistency with the Comprehensive Plan and did recommend
approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on _____________, 2025, and did take action concerning
these amendments to the LDC; and
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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.
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.
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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.
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
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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: AMENDMENTS TO SECTION 5.05.04 GROUP HOUSING
Section 5.05.04 – Group Housing, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 5.05.04 Group Housing
* * * * * * * * * * * *
D. All other care housing environments as defined in this Code, including, but not limited to,
care units, assisted living units, continuing care retirement communities, nursing homes,
and dwelling units that are part of an aging-in-place living environment shall adhere to
the following standards in addition to those established by the underlying zoning district.
1. The maximum floor area ratio shall not exceed 0.45, except that for group housing
in Planned Unit Development or Commercial zoning districts, the floor area ratio
may be increased to 0.60, except a maximum floor area ratio of 0.45 shall remain
for the following areas as identified in the Future Land Use Element of the Growth
Management Plan:
a. Mini-Triangle Mixed Use District
b. Agriculture Mixed Use District
c. Conservation Designation
d. North Belle Meade Overlay - Section 24 Neutral Lands - Buckley Property
e. Immokalee Rural Village Overlay – Village Center
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2. No structure shall be erected within twenty (20) feet of any abutting lot or parcel
which is zoned residential, nor within twenty-five (25) feet of a road right-of-way,
except for properties within the GGPOD, the front setback shall be in accordance
with LDC section 4.02.26 B.1.
3. Parking spaces required:
a. Independent living units. One (1) per dwelling unit.
b. Assisted living units. 0.75 per assisted unit.
c. Nursing care units. Two (2) parking spaces per five (5) beds.
4. The procedures for applications and review of proposed group care facilities are
set forth in Chapter 10.
* * * * * * * * * * * * *
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.
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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, this ___ day of _______________, 2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By:__________________________ By:________________________________
, Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
__________________________
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
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G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 14\Materials\PL20250005043 Group Housing - LDCA (09-25-
2025).docx
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20250005043
SUMMARY OF AMENDMENT
This Land Development Code (LDC) amendment proposes to update LDC
section 5.05.04 Group Housing to increase the maximum floor area ratio
from 0.45 to 0.60 to meet current market needs within the Planned Unit
Developments and Commercial zoning districts. 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).
ORIGIN
Board of County
Commissioners (Board)
HEARING DATES LDC SECTION TO BE AMENDED
Board 10/14/2025 5.05.04
GROUP HOUSING
CCPC 09/24/2025
DSAC 06/04/2025
DSAC-LDR 05/20/2025
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approved
DSAC
Approved
CCPC
Approved
BACKGROUND
On March 6, 2025, the Collier County Planning Commission directed staff to begin on an LDC Amendment to
increase the maximum Floor Area Ratio (FAR) for group housing facilities from 0.45 to 0.60.
Additionally, on April 22, 2025, the Board of County Commissioners, under agenda item 15.C Board and Staff
General Communications further directed staff to begin on an LDC Amendment to increase the maximum FAR
from 0.45 to 0.60 for group housing facilities, county-wide. The discussion was started by Commission McDaniel,
Jr. to formalize a common deviation requested by PUDs and to help facilitate current group housing facilities
market needs.
The original provisions for Floor Area Ratio (FAR) for Group Housing were introduced into the LDC pursuant
to Ordinance 1997-26. The FAR standard of 0.45 for group housing was determined by staff, at that time, by
reviewing all current and planned group care facilities that were both in existence and coming on board. The
research found that the largest group housing facility at that time (i.e. The Carlisle) had a FAR of 0.456. Standards
have remained relatively unchanged since 1997. A greater FAR was first introduced through a Growth
Management Plan Amendment (Ordinance 05-25 on June 7, 2005) that approved the Vanderbilt Beach Road
Neighborhood Commercial Subdistrict and allowed for a maximum FAR of 0.60 and 200 units of assisted living
facilities, independent living facilities, continuing care retirement communities, and nursing homes. In 2015 an
LDC Amendment was proposed requiring conditional use approval for Group Housing with a FAR between 0.45
and 0.60 identifying that there is no land use procedure to request or analyze FAR greater than 0.45 in relation to
neighboring properties in a conventional zoning district. The LDC Amendment was unanimously recommended
for approval by the CCPC on May 25, 2016, as part of the 2015 Cycle 2 LDC Amendments presented by staff.
No further Board action was taken on this LDC Amendment.
This LDC Amendment implements updates to the LDC to implement Board direction to increase the maximum
floor area ratio from 0.45 to 0.60 for Planned Unit Developments and Commercial zoning districts. This
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2025).docx
LDC Amendment updates the LDC to correct a scrivener error in 5.05.04.D, “aging-in-pace” that should
read “aging-in-place”.
FISCAL & OPERATIONAL IMPACTS
No fiscal impacts are anticipated.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) None
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(09-25-2025).docx
Amend the LDC as follows:
1
5.05.04 – Group Housing 2
3
* * * * * * * * * * * * * 4
5
D. All other care housing environments as defined in this Code, including, but not limited to, 6
care units, assisted living units, continuing care retirement communities, nursing homes, 7
and dwelling units that are part of an aging-in-place living environment shall adhere to the 8
following standards in addition to those established by the underlying zoning district. 9
10
1. The maximum floor area ratio shall not exceed 0.45, except that for group housing in 11
Planned Unit Development or Commercial zoning districts, the floor area ratio may 12
be increased to 0.60, except a maximum floor area ratio of 0.45 shall remain for the 13
following areas as identified in the Future Land Use Element of the Growth 14
Management Plan: 15
16
a. Mini-Triangle Mixed Use District 17
18
b. Agriculture Mixed Use District 19
20
c. Conservation Designation 21
22
d. North Belle Meade Overlay - Section 24 Neutral Lands - Buckley Property 23
24
e. Immokalee Rural Village Overlay – Village Center 25
26
2. No structure shall be erected within twenty (20) feet of any abutting lot or parcel which 27
is zoned residential, nor within twenty-five (25) feet of a road right-of-way, except for 28
properties within the GGPOD, the front setback shall be in accordance with LDC 29
section 4.02.26 B.1. 30
31
3. Parking spaces required: 32
33
a. Independent living units. One (1) per dwelling unit. 34
35
b. Assisted living units. 0.75 per assisted unit. 36
37
c. Nursing care units. Two (2) parking spaces per five (5) beds. 38
39
4. The procedures for applications and review of proposed group care facilities are 40
set forth in Chapter 10. 41
42
# # # # # # # # # # # # # 43
44
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