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Backup Documents 11/10/2025 Item #17G BCC 11/10/2025 (LDCA) (PL20250005043) 1 7 G BIE & Group Housing Floor Area Ratio rrom: Allyn Padron <Ailyn.Padron@collier.gov> Sent: Monday, October 13, 2025 11:58 AM To: Minutes and Records; Legal Notice Cc: Eric Johnson;Wanda Rodriguez; Kathynell Crotteau; GMDZoningDivisionAds Subject: FW:Ad Request - Group Housing Floor Area Ratio (LDCA) (PL20250005043) 11-10-25 BCC Attachments: Ordinance 9-26-25- Group Housing FAR LDCA-PL20250005043.pdf;Ad Request.pdf; BIE Draft (10-08-2025).pdf; RE: 11/10/25 BCC- *Web*Ad Request for Group Housing Floor Area Ratio (LDCA) (PL20250005043) Good morning, M&R, Please post the attached Ad Request& BIE on the Collier Legal Notices webpage. Both documents will need to be advertised no later than October 21st and run through the hearing date. Staff approval is attached; CAO approval is below. Please note:This is a county-initiated petition, the legal advertising fee is not applicable. Thank you! Allyn Padron Management Analyst I Zoning Office:239-252-5187 (''T Collier Croun 2800 Horseshoe Dr. Naples, Florida 34104 13o � o Ailyn.Padron(a�collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: Ailyn.Padronna collier.gov From:Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Sent: Monday, October 13, 2025 10:45 AM To:Ailyn Padron <Ailyn.Padron@collier.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@collier.gov> Cc: Kathynell Crotteau<Kathynell.Crotteau@collier.gov> Subject: re: Ad Request-Group Housing Floor Area Ratio (LDCA) (PL20250005043) 11-10-25 BCC Attorney approval is below. Thanks, Wanda Rodriguez, MCP, CPNI Office of the County .Attorney (239) 252-8400 i 17G LERTIFJp� r, .. n pn ntm ��COUJERYWI\11 w ,0111444,10054, My email address has changed. Effective immediately, please update your contact list to use this new address: wanda.rodriquez(c�collier.gov From: Heidi Ashton <Heidi.Ashton@collier.gov> Sent: Monday, October 13, 2025 10:43 AM To:Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Cc: Kathynell Crotteau <Kathynell.Crotteau@collier.gov> Subject: FW: REMINDER: for your approval: Ad Request-Group Housing Floor Area Ratio (LDCA) (PL20250005043) 11- 10-25 BCC Approved. Thanks. Fe�di Ashtow-G,clzo Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8773 Note new email: heidi.ashton@collier.gov From:Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Sent: Monday, October 13, 2025 10:08 AM To: Heidi Ashton <Heidi.Ashton@collier.gov> Cc: Kathynell Crotteau<Kathynell.Crotteau@collier.gov> Subject: REMINDER: for your approval: Ad Request-Group Housing Floor Area Ratio (LDCA) (PL20250005043) 11-10-25 BCC A reminder that your approval is still needed for this item. Wanda Rodriguez, ACT, C13.911 Office of the County Attorney (239) 252-8400 LERTIFitt) NO y % ACP9 40/�/0�yyrtW�N���l�ppl/��/J{�I9�IG 1 program v cows:1�a f v 2005 air SINCE v 17G My email address has changed. Effective immediately, please update your contact list to use this new address: wanda.rodriguez(a�collier.gov From:Wanda Rodriguez Sent: Friday, October 10, 2025 10:09 AM To: Heidi Ashton <Heidi.Ashton@collier.gov> Cc: Kathynell Crotteau <Kathynell.Crotteau@collier.gov> Subject:for your approval:Ad Request-Group Housing Floor Area Ratio (LDCA) (PL20250005043) 11-10-25 BCC Heidi, For your approval. Wanda Rodriguez, MCP, CPM Office of the County Attorney (239) 252-8400 co.110,6 A `1 tty ACP n '" A '� Cenfed Public Mug ei lrW lrISM* My email address has changed. Effective immediately, please update your contact list to use this new address: wanda.rodriguez(cr�collier.gov From: Eric Johnson<Eric.Johnson@collier.gov> Sent: Friday,October 10, 2025 9:57 AM To:Ailyn Padron <Ailyn.Padron@collier.gov>;Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Subject: RE: 11/10/25 BCC- *Web* Ad Request for Group Housing Floor Area Ratio (LDCA) (PL20250005043) Is this it? Eric Johnson Manager - Planning Zoning (),'`' Office:239-252-2931 • Collier Coun 2800 Horseshoe Drive N Naples, FL 34104 0 �(/u 0 1 Eric.Johnson(a collier.gov 3 17G My email address has changed. Effective immediately, please update your contact list to use this new address: Eric.Johnson(a�collier.gov From:Ailyn Padron<Ailyn.Padron@collier.gov> Sent: Friday, October 10, 2025 9:56 AM To: Wanda Rodriguez<Wanda.Rodriguez@collier.go‘> Cc: Eric Johnson <cric.Johnson@collier.gov> Subject: RE: 11/10/25 BCC- *Web* Ad Request for Group Housing Floor Area Ratio (LDCA) (PL20250005043) I have not received it. Allyn Padron Management Analyst I Zoning 1 ' Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. Naples, Florida 34104 IiO © o Ailyn.Padron(a collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: Ailyn.Padron(a�collier.gov From:Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Sent: Friday, October 10, 2025 9:49 AM To: Allyn Padron <Ailyn.Padron@collier.gov> Subject: RE: 11/10/25 BCC- *Web* Ad Request for Group Housing Floor Area Ratio (LDCA) (PL20250005043) The ordinance is not attached? Wanda Rodriguez, MCP, CP.wM Office of the County .Attorney (239) 252-8400 cotTIFit° /► \ 11� et Or P UDLY iRVING��I COWEROUTYjACP1 m ro am rt ltarle by t4. �� 5 Ar My email address has changed. Effective immediately, please update your contact list to use this new address: wanda.rodriquez a@,collier.gov 4 7G From:Ailyn Padron<Ailyn.Padron(a@collier.gov> Sent: Friday, October 10, 2025 9:45 AM To: Wanda Rodriguez<Wanda.Rodriguez@collier.Rov> Cc: Eric Johnson <Eric.Johnson@collier.Rov>; Kathynell Crotteau<Kathynell.Crotteau@collier.Rov>; GMDZoningDivisionAds<GMDZoningDivisionAds@collier.Rov> Subject: 11/10/25 BCC- *Web* Ad Request for Group Housing Floor Area Ratio (LDCA) (PL20250005043) Good morning, Wanda, Attached is the *Web* Ad Request, BIE, and approval for the referenced petition.The ad will need to be advertised no later than October 21'and run through the hearing date. Please let me know if you have any questions. Thank you. Ailyn Padron Management Analyst I Zoning Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. Naples, Florida 34104 0 © O Ailyn.Padron(a collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: Ailyn.Padron(c�collier.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 5 17G (LDCA) (PL20250005043) From: Eric Johnson <Eric.Johnson@collier.gov> Sent: Thursday, October 9, 2025 1:50 PM To: Ailyn Padron Subject: RE: 11/10/25 BCC- *Web*Ad Request for Group Housing Floor Area Ratio (LDCA) (PL20250005043) Follow Up Flag: Follow up Flag Status: Flagged Approved! Eric Johnson Manager - Planning Zoning fi" Office:239-252-2931 Collier Coun 2800 Horseshoe Drive N Naples, FL 34104 1131010 0 I Eric.JohnsonCc�collier.clov My email address has changed. Effective immediately, please update your contact list to use this new address: Eric.Johnsoncollier.qov From:Ailyn Padron<Ailyn.Padron@collier.gov> Sent:Thursday, October 9, 2025 7:48 AM To: Eric Johnson <Eric.Johnson@collier.gov> Subject: 11/10/25 BCC- *Web* Ad Request for Group Housing Floor Area Ratio (LDCA) (PL20250005043) Good morning, Eric, For your review and approval, attached are the documents for your petition. Please let me know if you approve or if changes are needed by EOD. Thank you. Ailyn Padron Management Analyst I (74 Zoning Collier Coun Office:239-252-5187 ADOCII 2800 Horseshoe Dr. i Naples, Florida 34104 1 7 G Ailyn.Padron ancollier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: Ailyn.Padron a collier.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 1 7 G 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] • /‘ -7'-.--'' N (YeAT\ calif county Florida lir i ' J I _ n crTM :I f P .0 4 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. 1 7 G 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 intended 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 courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig 2 icollier.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 BCC 11/10/2025 (LDCA) (PL20250005043) 7 G BIE & Group Housing Floor Area Ratio `o���FR l" oU,'C 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 the County is of the view that a business impact estimate is not required by state law' 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. 1 Local Government Development Agreement Act under Sections 163-32201 7 G 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. 2 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. 3 1 7 e DRAFT 9/26/25 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 [25-LDS-00363/1974802/1146 Page I of 6 Words dough are deleted,words underlined are added 1 7 G DRAFT 9/26/25 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. [25-LDS-00363/1974802/1}46 Page 2 of 6 Words struck through are deleted,words underlined are added 7G DRAFT 9/26/25 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 coiered 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 [25-LDS-00363/1974802/1146 Page 3 of 6 Words Gtruck through are deleted,words underlined are added 1 7 G DRAFT 9/26/25 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-p ace 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 [25-LDS-00363/1974802/1]46 Page 4 of 6 Words struck through are deleted,words underlined are added 1 7 G DRAFT 9/26/25 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. [25-LDS-00363/1974802/1146 Page 5 of 6 Words struckthrouggrh are deleted,words underlined are added 17G DRAFT 9/26/25 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 9-26-25 Managing Assistant County Attorney [25-LDS-00363/1974802/1]46 Page 6 of 6 Words struckgh are deleted,words underlined are added ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 G TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office ti j 4. BCC Office Board of County Commissioners 75 j if//0/z5 5. Minutes and Records Clerk of Court's Office /� /1 06 PRIMARY CONTACT INFORMATION 1 / Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Kathy Crotteau/County Attorne}vOffice& Phone Number 252-6052(Kathy) Contact/ Department Eric Johnson/Zoning-LDC 252-2931 (Eric) Agenda Date Item was November 10,2025 Agenda Item Number 17G Approved by the BCC Type of Document Ordinance Number of Original 1 Attached Documents Attached PO number or account number if document is �� to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 11�� r� 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A` provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be KC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the KC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip KC should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 11-10-25 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County N an option for Attorney's Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the ( N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the \ )\ an option for Chairman's signature. ",; this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 17G ORDINANCE NO. 25 — 59 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 November 10, 2025, and did take action concerning these amendments to the LDC; and [25-LDS-00363/1974802/1146 Page 1 of 6 Words struck through are deleted,words underlined are added 17G 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. VI I I, § 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. [25-LDS-00363/1974802/1146 Page 2 of 6 Words struck through are deleted,words underlined are added 7G 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 [25-LDS-00363/1974802/1146 Page 3 of 6 Words struck through are deleted,words underlined are added 17G 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 [25-LDS-00363/1974802/1146 Page 4 of 6 Words struck through are deleted,words underlined are added 17G 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. [25-LDS-00363/1974802/1]46 Page 5 of 6 Words struck through are deleted,words underlined are added 1 7 G 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 10th day of November, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTALX. KIN,Ze LERK OF COLLIER COUNTY, FLORIDA By: •�^ ` Bydie <,' -', , puty Clerk B rt . Saun ers hairman Attest'2p�o Chaim p sign tuiA o?H Approved as to form and legality: CO j A-- Heidi F. Ashton-Cicko Managing Assistant County Attorney This ordinance tiled with the Secretory of State'`s Office the IV day of r(Qu2//1p, 2&S and acknowledgernerg,of that fiii received this (( _, day of Qm4;r 5 BY l,. . ,stv Clerk [25-LDS-00363/1974802/1]46 Page 6 of 6 Words struck through are deleted,words underlined are added 17 G ft, it t:t AlOi f. FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State November 13, 2025 Crystal K. Kinzel Clerk of Court Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Crystal Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2025-59, which was filed in this office on November 13, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270