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Agenda 11/10/2025 Item #17G (Ordinance - Amending the Land Development Code, to increase the floor area ratio from 0.45 to 0.60 for group housing)11/10/2025 Item # 17.G ID# 2025-4290 Executive Summary Recommendation to adopt 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 adopt 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). On October 14, 2025, the Board directed staff to advertise an Ordinance that would amend the LDC. 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). Page 6457 of 6525 11/10/2025 Item # 17.G ID# 2025-4290 GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires an affirmative vote of four for Board adoption. –HFAC RECOMMENDATION(S): To adopt 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 (10-03-2025) 3. Legal Ad 4. legal ad - agenda ID 25-4290 - Group Housing FAR LDCA-PL20250005043 - 11.10.25 BCC 5. Business Impact Estimate - agenda ID 25-4290 -Group Housing FAR LDCA-PL20250005043 11.10.25 BCC Page 6458 of 6525 DRAFT 9/26/25 [25-LDS-00363/1974802/1]46 Page 1 of 6 Words struck through are deleted, words underlined are added 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 Page 6459 of 6525 DRAFT 9/26/25 [25-LDS-00363/1974802/1]46 Page 2 of 6 Words struck through are deleted, words underlined are added 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. Page 6460 of 6525 DRAFT 9/26/25 [25-LDS-00363/1974802/1]46 Page 3 of 6 Words struck through are deleted, words underlined are added 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 Page 6461 of 6525 DRAFT 9/26/25 [25-LDS-00363/1974802/1]46 Page 4 of 6 Words struck through are deleted, words underlined are added 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 Page 6462 of 6525 DRAFT 9/26/25 [25-LDS-00363/1974802/1]46 Page 5 of 6 Words struck through are deleted, words underlined are added 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. Page 6463 of 6525 DRAFT 9/26/25 [25-LDS-00363/1974802/1]46 Page 6 of 6 Words struck through are deleted, words underlined are added 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 Page 6464 of 6525 1 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250005043 Group Housing - LDCA (10-03- 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 10/10/2025 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 Page 6465 of 6525 2 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250005043 Group Housing - LDCA (10-03- 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 Page 6466 of 6525 3 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250005043 Group Housing - LDCA (10-03-2025).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 Page 6467 of 6525 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 November 10, 2025, in the Board of County Commissioners Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO 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] 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. Page 6468 of 6525 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 6469 of 6525 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 November 10, 2025, in the Board of County Commissioners Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO 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] 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. Page 6470 of 6525 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 6471 of 6525 1 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 21, 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, 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] 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; ☐ 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 1 See Section 125.66(3)(c), Florida Statutes. Page 6472 of 6525 2 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): To amend the Land Development Code (LDC) to give property owners the option of increasing the maximum allowable floor area ratio for group housing, located within Planned Unit Developments and Commercial zoning districts from 0.45 to 0.60 , in land use categories where the Growth Management Plan allows for a greater floor area ratio. The proposed Ordinance 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. 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. Page 6473 of 6525 3 The proposed ordinance will not produce a direct negative economic impact on any private, for-profit group home in the County. No new fees or taxes will result from the adoption of this ordinance. The intent of the new provisions is to provide greater choice and opportunities for property owners, because increasing the floor area ratio could allow for larger and more intense facilities. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: There are approximately 62 facilities operating throughout Collier County, licensed by either the Florida Agency for Health Care Administration, the Florida Department of Children and Families, and the Florida Agency for Persona with Disabilities. This estimate may include those located within the City of Marco Island and the City of Naples. 4. Additional information the governing body deems useful (if any): [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: County staff solicited comments from businesses in the County as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on County website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses.] The Florida Agency for Health Care Administration licenses a total of 933 facilities with mailing addresses containing “Ave Maria,” “Immokalee,” “Marco Island,” and “Naples.” Of these, there a total of 48 facilities categorized as either “Assisted Living Facility” or “Nursing Home” by the Agency. The Florida Department of Children and Families licenses 3 group homes in Collier County. The Florida Agency for Persons with Disabilities has four provider agencies operating group homes in Collier County. Between these four providers, there are currently 11 licensed group homes in Collier County. Page 6474 of 6525