Agenda 10/28/2025 Item #17D (Ordinance, Mailed Notice Rural Agricultural Zone Land)10/28/2025
Item # 17.D
ID# 2025-2911
Executive Summary
Recommendation to adopt an Ordinance amending the Collier County Land Development Code, to change the mailed
notification distance for applications involving a site-specific Growth Management Plan (GMP) amendment, rezone, or
Conditional Use request on Rural Agricultural (A) zoned lands. [PL20250005475]
OBJECTIVE: To adopt an Ordinance amending the Collier County Land Development Code and change the mailed
notification distance for applications involving a site-specific Growth Management Plan (GMP) amendment, rezone, or
Conditional Use request on Rural Agricultural (A) zoned lands.
CONSIDERATIONS: For land use petitions, the County’s LDC and Administrative Code for Land Development
(Administrative Code) prescribe the requirements for providing public notice. One of the requirements is the mailed
notice (LDC section 10.03.05 B).
Prior to 2021, the distance for mailed public notices was 500 feet for properties located in the urban designated area of
the Future Land Use Element of the Growth Management Plan (GMP). For all other areas, mailed notices were sent to
property owners within 1,000 feet of a subject property. However, when Ordinance 2021-25 was adopted on July 13,
2021, the mailed notice requirements changed from 1,000 feet to one mile for all properties located in areas designated
within the Rural and Urban Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan. On April 24, 2025,
the Board directed zoning staff to prepare and publicly vet a LDC amendment that will extend and increase the mailed
notice distance requirement, from 1,000 feet to one mile, for land use petitions that require a site-specific Growth
Management Plan amendment, rezone, or Conditional Use request in the Rural Agricultural (A) Districts.
This LDC amendment is a companion amendment to the Administrative Code.
DSAC RECOMMENDATION: The Development Services Advisory Committee (DSAC) reviewed the amendment on
May 04, 2025, and unanimously recommended approval of the LDC amendment, contingent upon extending the mailed
notification distance to one-half mile (2,640 feet), instead of one mile, for areas zoned Rural Agricultural (A).
CCPC RECOMMENDATION: On September 04, 2025, the Planning Commission reviewed the Mailed Notice
Distance Table, presented in Exhibit C, and unanimously recommended the Board consider reducing the mailed notice
distance from one mile (5,280 feet) to one half mile (2,640 feet) for Rural Agricultural (A) zoned lands located west of
Collier Boulevard- and extending the mailed notice distance for lands east of Collier Boulevard to one mile (5,280 feet).
This item is consistent with the Collier County strategic plan's objective to support Responsible Governance by
encouraging active community engagement and participation.
FISCAL IMPACT: There are no anticipated fiscal impacts to Collier County.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: Sections 18 and 28 of Senate Bill 180 (2025) provide that a county within 100 miles of
a storm declared to be a hurricane or a county listed in the Federal Disaster Declaration for Hurricanes Debby, Helene or
Milton may not propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land
development regulations. Any such amendments are “null and void ab initio”. If the County receives notice of a
violation of Section 18 (Florida Statute 252.422) or Section 28 of the Bill, the county has 14 days to declare the adopted
ordinance void. The prohibition of more restrictive or burdensome amendments in Section 28 currently expires October
1, 2027. In a civil action against the county for a violation of the prohibition, the county is responsible for plaintiff’s
attorney’s fees if the civil action is successful. This item is approved as to form and legality and requires an affirmative
vote of four for approval. -HFAC
RECOMMENDATIONS: To adopt an Ordinance amending the Collier County Land Development Code to change the
Page 3248 of 3380
10/28/2025
Item # 17.D
ID# 2025-2911
mailed notification distance from 1,000 feet to one mile for all properties located in areas designated within the Rural
and Urban Golden Gate Estates Sub-Element of the GGAMP for applications involving a site-specific GMP
amendment, rezone, or Conditional Use request on Rural Agricultural (A) zoned lands.
PREPARED BY: Richard Henderlong, Planner III, Zoning Division
ATTACHMENTS:
1. PL20250005475 Mailed Notice Rural Agricultural Zoned Land CCPC 09-04-2025
2. legal ad - agenda ID 25-2911 - Mailed Notice Rural Ag Land LDCA (PL20250005475) - 10-28-25 BCC
3. Business Impact Estimate - agenda ID 25-2911 - Mailed Notice Rural Ag Land LDCA (PL20250005475) - 10-28-25 BCC
4. Ordinance - Mailed Notice Rural Ag LDCA-PL20250005475 - 10.6.25
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20250005475
SUMMARY OF AMENDMENT
This amendment shall increase the written mailed notice distance
requirement from 1,000 feet to one mile when there is a change in land use
to Rural Agriculture (A) zoned lands. It requires an amendment to the
Administrative Code,-Chapter 8 C. 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 (BCC)
HEARING DATES LDC SECTION TO BE AMENDED
Board 10/28/2025 10.03.05 Required Methods of Providing Public Notice
CCPC 09/04/2025
DSAC 06/04/2025
DSAC-LDR 05/20/2025
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with change
DSAC
Approval with change
CCPC
Approval with recommendation
BACKGROUND
When property is located within the Rural or Urban Golden Gate Estates Sub-Element of the Golden Gate
Area Master Plan designated area, the method of providing public notice by mailed notices for land use
petitions change is to mail property owners within one mile (5,280 feet) of the property lines of a subject
project. For other areas not located within the Urban designated area of the Future Land Use Element of
the Growth Management Plan, mailed notices are sent to property owners within 1,000 feet of the subject
property with the exception of the Rural and Urban Golden Gate Estates designated areas. This 1,000 feet
mailed notice distance requirement was recently recognized by the Board to be deficient in notifying the surrounding
community and nine property owners for a site-specific rezone petition to change the land use on 160 acres of Rural
Agricultural zoned land. As a result, on April 25, 2025, the Board directed Zoning staff to prepare and
publicly vet a Land Development Code amendment that would extend and increase the mailed notice
distance requirement, from 1,000 feet to one mile for land use petitions that require a site-specific Growth
Management Plan amendment, rezone, or Conditional Use request in the Rural Agricultural (A) Districts.
Staff researched other Florida’s counties’ public mailed notification distance requirements and found they
vary, as presented in Exhibit B. Most recently, Seminole County adopted, by ordinance 2024-02, public
notice procedures to amend their future land use and zoning maps, non-residential variances and special
exceptions. The County’s mailed notification requirements are minimum notice standards based upon an
urban versus rural area’s project size and minimum number of parcels to be notified. The project sizes
ranged from 0 to 5 acres, greater than 5 to 10 acres, and greater than 10 acres. For rural areas, the respective
minimum number of parcels to receive mailed notices are 15, 25 and 30 parcels.
Staff prepared Exhibit C to illustrate, in each of the Board of County’s Commissioner’s District, the
expected number of property owners that would be notified and the number of mailings that could be sent
at various distances for 1,000/1,320/2,640/and 5,280 feet or one mile for six (A) zoned projects.
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The proposed amendment, if approved, would extend and increase the mail distance notification
requirement to one mile (5,280 feet) for site-specific GMP amendments, rezones, or Conditional Use
requests on all parcels currently zoned (A).
DSAC-LDR Subcommittee Recommendation: On May 20, 2025, the DSAC-LDR Subcommittee recommended
approval of the LDC amendment with extending the mailed notification distance to one-half mile (2,640 feet), for
areas zoned Rural Agricultural (A).
DSAC Recommendation: On June 04, 2025, the DSAC unanimously recommended approval of the LDC amendment
with extending the mailed notification distance to one half mile (2,640 feet), instead of one mile, for areas zoned
Rural Agricultural (A).
Planning Commission Recommendation: On September 04, 2025, the Planning Commission reviewed the Mailed
Notice Distance Table, presented in Exhibit C, and unanimously recommended the Board consider reducing the
mailed notice distance from one mile (5,280 feet) to one half mile (2,640 feet) fo r Rural Agricultural (A) zoned
lands located west of Collier Boulevard (State Road 951) and extending the mailed notice distance for lands east of
Collier Boulevard (State Road 951) to one mile (5,280 feet).
FISCAL & OPERATIONAL IMPACTS
There is no fiscal impact to the County. Costs
associated with mailed notices are the
responsibility of the petitioner.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed consistent
with the GMP.
EXHIBITS: A) Administrative Code Change B) Other Florida Counties C) Mailed Notice Distance Table.
Page 3251 of 3380
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
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Amend the LDC as follows:
1
10.03.05 – Required Methods of Providing Public Notice 2
3
This section shall establish the required methods of providing public notice. Chapter 8 of the 4
Administrative Code shall establish the public notice procedures for land use petitions. 5
6
A. Neighborhood Information Meetings (NIM). Neighborhood Information Meetings, where 7
required, shall be held prior to the first public hearing and noticed as follows: 8
9
1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section 10
10.03.05 B. 11
12
2. Newspaper Advertisement prior to the NIM. 13
14
B. Mailed Notice. 15
16
1. Where required, Mailed Notice shall be sent to property owners in the notification 17
area as follows: 18
19
a. For areas in the urban designated area of the future land use element of 20
the Growth Management Plan notices shall be sent to all property owners 21
within 500 feet of the property lines of the subject property except for Rural 22
Agricultural (A) zoned lands pursuant to LDC section 10.03.06 B.1.d. 23
24
b. For all other areas, except areas designated in the Rural Golden Gate 25
Estates Sub-Element or Urban Golden Gate Estates Sub-Elements of the 26
Golden Gate Area Master Plan or areas zoned Rural Agricultural, notices 27
shall be sent to all property owners within 1,000 feet of the property lines 28
of the subject property. 29
30
c. For areas designated within the Rural Golden Gate Estates Sub-Element 31
or Urban Golden Gate Estates Sub-Element of the Golden Gate Area 32
Master Plan, notices shall be sent to all property owners within one-mile of 33
the subject property lines. 34
35
d. For a petition involving a site-specific GMP amendment, rezoning, or 36
Conditional Use request on Rural Agricultural (A) zoned lands, mailed 37
notices shall be sent to all property owners within one mile of the subject 38
property lines. 39
40
d e. Notices shall also be sent to property owners and condominium and civic 41
associations whose members may be impacted by the proposed land use 42
changes and who have formally requested the county to be notified. A list 43
of such organizations must be provided and maintained by the county, but 44
the applicant must bear the responsibility of insuring that all parties are 45
notified. 46
47
* * * * * * * * * * * * * 48
# # # # # # # # # # # # # 49
Page 3252 of 3380
Exhibit A– Administrative Code Change
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Zoned Land BCC 9-05-25.docx
DRAFT Text underlined is new text to be added 1
Text strikethrough is current text to be deleted 2
Collier County Land Development Code | Administrative Procedures Manual 3
Chapter 8 |Public Notice – Generally, Contents, Categories of Notice, and Notice Recipients 4
5
C. Mailed Notice 6
Applicability For applicable land use petitions, a mailed notice shall be as follows.
Notice
Requirements
Mailed written notices shall be sent by regular mail to property owners in the notification
area listed below. Names and addresses of property owners shall be those listed on the
latest ad valorem tax rolls of the County. The mailed notice must be sent out at least 15
days before the hearing for all applications, except as identified otherwise in the
Administrative Code.
The applicant must provide a copy of the list of all parties noticed by the required
notification deadline to the Zoning Division staff.
The written notice must include:
a. Date, time, and location of the NIM meeting or public hearing;
b. Description of the proposed land uses; and
c. 2 in. x 3 in. map of the project location.
For a conditional use, rezoning, PUD, PUD extension, or variance, the notice must also
include:
a. A clear description of the proposed land uses;
b. A clear description of the applicable development standards;
c. Intensity or density in terms of total floor area of commercial or industrial
space and dwelling units per acre for residential projects;
d. A clear description of the institutional or recreational uses when part of the
development strategy; and
e. The substance of the proposed ordinance or resolution (rezoning only).
For a site plan with deviations for redevelopment projects, the notice must also include the
type of deviation sought.
The Clerk to the BCC will make a copy of all notices available for public inspection during
regular business hours.
Recipients of
Mailed Written
Notice
Property owners in notification area are described below and shall be based on the latest
tax rolls of Collier County and any other persons or entities who have formally requested
notification from the County:
Urban designated
area of the future
land use element
The notification area includes:
1. All property owners within 500 feet of the property lines of the
subject property.
Page 3253 of 3380
Exhibit A– Administrative Code Change
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Zoned Land BCC 9-05-25.docx
of the growth
management plan
For a site-specific GMP amendment, rezoning, or a conditional
use request on Rural Agricultural zoned lands, all property
owners within one mile of the property lines of the subject
property.
2. If any of the land in the area listed in paragraph 1 is owned by
the same person or entity who owns the subject property, the
500-foot or one mile distance is measured from the boundaries
of the entire ownership or PUD.
3. The maximum notification area is ½ mile (2,640 feet) from the
subject property except for areas designated in the Urban
Golden Gate Estates Sub-Element of the Golden Gate Estates
Master Plan and a site-specific request for GMP amendment,
rezoning, or Conditional Use on Rural Agricultural zoned lands.
All other areas The notification area includes:
1. All property owners within 1,000 feet of the property lines of
the subject property. However, for areas designated in the
Urban and Rural Golden Gate Estates Sub-Element of the
Golden Gate Area Master Plan or a site-specific request for
GMP amendment, rezoning, or Conditional Use on Rural
Agricultural zoned land, notices shall be sent to all property
owners within one mile of the property lines of the subject
property, except for Estates (E) zoned variance applications,
which shall remain at 1,000 feet of the subject property.
2. If any of the land in the area listed in paragraph 1 is owned by
the same person or entity who owns the subject property, the
1,000-foot or one mile distance is measured from the
boundaries of the entire ownership or PUD.
3. The maximum notification area is ½ mile (2,640 feet) from the
subject property, except for areas designated in the Urban and
Rural Golden Gate Estates Sub-Element of the Golden Gate
Area Master Plan or a site-specific request for GMP
amendment, rezoning, or Conditional Use on Rural Agricultural
zoned lands.
Associations Notification shall also be sent to property owners and condominium
and civic associations whose members are impacted by the
proposed land use changes and who have formally requested the
county to be notified. A list of such organizations shall be provided
and maintained by the County, but the applicant must bear the
responsibility of insuring all parties are notified.
Updated Resolution 2021-143 2025-XXX
1
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Exhibit B – Other Florida Communities
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1
2
3
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Exhibit B – Other Florida Communities
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Zoned Land BCC 9-05-25.docx
Page 3256 of 3380
Exhibit C – Mailed Distance Notification
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Zoned Land BCC 9-05-25.docx
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Exhibit C – Mailed Distance Notification
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Page 3258 of 3380
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 October 28, 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, BY INCREASING THE NOTIFICATION AREA OF
MAILED NOTICES FOR PROPERTY ZONED RURAL AGRICULTURAL (A), 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 TEN –
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING
SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC NOTICE;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. [PL20250005475]
Page 3259 of 3380
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.collier.gov/Calendar-Events-directory 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 detailing how they can
participate remotely in this meeting. Remote participation is provided as a court esy 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@collier.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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Page 3260 of 3380
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Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the County’s website by the time notice of
the proposed ordinance is published.
Published on County website by: __October 8, 2025___[expected legal advertising date]
Proposed ordinance’s Short Title:
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, BY INCREASING THE NOTIFICATION AREA OF
MAILED NOTICES FOR PROPERTY ZONED RURAL AGRICULTURAL (A), 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 TEN –
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING
SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC NOTICE;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. [PL20250005475]
This Business Impact Estimate is provided in accordance with section 125.66(3), Florida
Statutes. If one or more boxes are checked below, this means t he County is of the view
that a business impact estimate is not required by state law1 for the proposed ordinance,
but the County is, nevertheless, providing this Business Impact Estimate as a courtesy
and to avoid any procedural issues that could impact the enactment of the proposed
ordinance. This Business Impact Estimate may be revised following its initial posting.
☐ The proposed ordinance is required for compliance with Federal or State law or
regulation;
☐ The proposed ordinance relates to the issuance or refinancing of debt;
☐ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
1 See Section 125.66(3)(c), Florida Statutes.
Page 3261 of 3380
2
☐ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the county government;
☐ The proposed ordinance is an emergency ordinance;
☐ The ordinance relates to procurement; or
☐ The proposed ordinance is enacted to implement the following:
a. Development orders and development permits, as those terms are defined in
Section 163.3164, and development agreements, as authorized by the Florida
Local Government Development Agreement Act under Sections 163 -3220-
163.3243;
b. Comprehensive Plan amendments and land development regulation
amendments initiated by application by a private party other than Collier
County;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the County hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
For Rural Agricultural (A) zoned properties, the purpose of the proposed ordinance is to
increase the mail notice distance requirement to one mile for site-specific Growth
Management Plan amendments (GMPA), rezones, and Conditional Use requests. It aims
to make the mailed notification distance process similar for rezone petitions located within
the Rural and Urban Golden Gate Estates designated areas of the Golden Gate Area
Master Plan. The increase mailed notice distance will serve the public purpose and
welfare by notifying more property owners of an impending GMPA, rezone petition, or
conditional use request.
2. An estimate of the direct economic impact of the proposed ordinance on private, for -
profit businesses in the County, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the County’s regulatory costs, including estimated revenues from any
new charges or fees to cover such costs.
There will be little to no direct economic impact from the proposed ordinance. An applicant
and developer can expect to incur direct compliance mailing costs that will vary depending
on the number of mailings sent out and without additional charges beyond the standard
mailing fees. No new fees or taxes will result from the adoption of the ordinance.
.
Page 3262 of 3380
3
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
Only the applicant and developer are expected to be impacted by the additional cost of
mailings.
4. Additional information the governing body deems useful (if any):
One notice per property will be mailed stating the public hearing date. It is the property
owner’s obligation to be aware of continuances and hearing date changes. Future public
hearings are announced at the advertised hearing. On May 20, 2025, the Planni ng
Commission has unanimously recommended the mailed notice distance be reduced to
one-half mile west of Collier Boulevard (S.R. 951) and increased to one mile east of Collier
Boulevard (S.R. 951).
Page 3263 of 3380
Page 1 of 6
Words struck through are deleted, words underlined are added
ORDINANCE NO. 2025 – ___
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, BY INCREASING THE NOTIFICATION AREA OF
MAILED NOTICES FOR PROPERTY ZONED RURAL AGRICULTURAL
(A), 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 TEN –
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES,
INCLUDING SECTION 10.03.05 REQUIRED METHODS OF PROVIDING
PUBLIC NOTICE; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
(PL20250005475)
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 4, 2025, and reviewed the
proposed amendments for consistency with the Comprehensive Plan and did recommend
approval; and
Page 3264 of 3380
Page 2 of 6
Words struck through are deleted, words underlined are added
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on ______________, 2025, and did take action concerning
these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County 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
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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.
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,
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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: AMENDMENTS TO SECTION 10.03.05 REQUIRED METHODS OF
PROVIDING PUBLIC NOTICE
Section 10.03.05 Required Methods of Providing Public Notice, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.03.05 Required Methods of Providing Public Notice
* * * * * * * * * * * * *
B. Mailed Notice.
1. 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 except for
Rural Agricultural (A) zoned lands pursuant to LDC section 10.03.06
B.1.d.
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 or areas zoned Rural Agricultural, 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
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to all property owners within one mile of the subject property lines, except
for Estates (E) zoned variance applications, which shall be 1,000 feet of
the subject property lines.
d. For a petition involving a site-specific GMP amendment, rezoning, or
Conditional Use request on Rural Agricultural (A) zoned lands, mailed
notices shall be sent to all property owners within one mile of the subject
property lines.
d.e. 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.
* * * * * * * * * * * * *
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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