Loading...
Agenda 02/24/2026 Item #16A 6 (To advertise and bring back for a public hearing, an Ordinance amending the LDC, to establish definitions for Transit Stop and Major Transportation Hub, in order to comply with Section 125.01055, FL Statues)2/24/2026 Item # 16.A.6 ID# 2026-250 Executive Summary Recommendation to direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land Development Code, to establish definitions for Transit Stop and Major Transportation Hub, in order to comply with Section 125.01055, Florida Statutes. [PL20240005299] OBJECTIVE: To have the Board direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land Development Code ("LDC"), to establish definitions for Transit Stop and Major Transportation Hub, in order to comply with Section 125.01055, Florida Statutes. CONSIDERATIONS: On April 9, 2024, the Board was asked to review and approve staff’s administrative application process for projects intending to utilize the provisions of Florida Statutes section 125.01055(7)(a) through (e), commonly known as SB 102 or the Live Local Act. The Live Local Act preempts local governments from regulating specific development standards for certain affordable housing projects. While staff were drafting the proposed definition for a “major transit stop,” SB 328 was approved by the Florida Senate and the Florida House of Representatives. SB 328 is an amendment to the Live Local Act and revises several sections of the Act. One revision includes the removal of “major” from “major transit stop”, and the incorporation of a new term, “major transportation hub”, which is defined in the bill text as: “Any transit station, whether bus, train, or light rail, which is served by public transit with a mix of other transportation options.” The Governor signed SB 328 on May 16, 2024. Due to revisions to the Live Local Act under SB 328, staff prepared definitions for “transit stop” and “major transportation hub.” Development Services Advisory Committee (DSAC)-LDR Subcommittee Recommendation: On July 29, 2024, the DSAC-LDR Subcommittee reviewed PL20240005299 to establish definitions for Transit Stop and Major Transportation Hub and voted unanimously to approve the LDC amendment. DSAC Recommendation: On August 7, 2024, the DSAC reviewed PL20240005299 to establish definitions for Transit Stop and Major Transportation Hub and voted unanimously to approve the LDC amendment. Collier County Planning Commission (CCPC) Recommendation: On January 15, 2026, the CCPC reviewed PL20240005299 to establish definitions for Transit Stop and Major Transportation Hub and unanimously voted to approve the LDC amendment. This item is consistent with the Collier County Strategic Plan objective to plan and build public infrastructure and facilities to effectively, efficiently, and sustainably meet the needs of our community. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. – CLD RECOMMENDATION(S): To direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land Development Code to establish definitions for Transit Stop and Major Transportation Hub. PREPARED BY: Alexander Showalter, Planner III, Zoning Division Page 1001 of 3023 2/24/2026 Item # 16.A.6 ID# 2026-250 ATTACHMENTS: 1. LDCA PL20240005699 (1-22-2026) 2. PL20240005299 Major Transportation Hub - Draft Ordinance (02-18-2026) Page 1002 of 3023 1 LAND DEVELOPMENT CODE AMENDMENT PETITION PL20240005299 SUMMARY OF AMENDMENT This Land Development Code (LDC) amendment proposes to define transit stop and major transportation hub. 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 Subcommittee). ORIGIN Board of County Commissioners (Board) HEARING DATES LDC SECTION TO BE AMENDED Board TBD 1.08.02 Definitions CCPC 01/15/2026 DSAC 08/07/2024 DSAC-LDR 07/29/2024 05/21/2024 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval DSAC Approval CCPC TBD BACKGROUND On April 9, 2024, the Board was asked to review and approve staff’s administrative application process for projects intending to utilize the provisions of Florida Statutes section 125.01055(7)(a) through (e), commonly known as SB 102 or the Live Local Act. The Live Local Act preempts local government from regulating specific development standards for certain projects providing affordable housing. One topic that the Board discussed, is the requirement for the County to consider a reduction of parking requirements for a proposed development located within one-half mile of a “major transit stop.” The Live Local Act specifically stated: “A county must consider reducing parking requirements for a proposed development authorized under this subsection if the development is located within one-half mile of a major transit stop, as defined in the county’s land development code, and the major transit stop is accessible from the development.” During the Board’s discussion, concern was raised with this requirement because the County’s LDC does not currently define “major transit stop” and therefore, the application of this provision has been left to staff’s interpretation. Staff’s initial interpretation of a “major transit stop” included all bus stops along Collier Area Transit (CAT) bus routes that include a covered bench structure. However, after discussing the matter at the meeting and disagreeing with staff’s interpretation, the Board unanimously voted to define “major transit stop” as a public transit stop that would be represented by three existing CAT transfer stations located at: 1) Government Center Transfer Station (3355 East Tamiami Trail, Naples); 2) Radio Road Transfer Station (CAT Headquarters) (8300 Radio Road, Naples); and 3) Florida Department of Health Immokalee Office (419 N 1st Street, Immokalee). These three transfer stations include public transportation services for four or more bus routes and include public parking facilities for passengers to utilize. While staff was drafting the proposed definition for “major transit stop,” SB 328 was approved by the Florida Page 1003 of 3023 2 Senate and the Florida House of Representatives. SB 328 is an amendment to the Live Local Act and revises several sections of the Act. One revision includes removal of “major” from “major transit stop”, and incorporation of a new term “major transportation hub” which is defined in the bill text as: “Any transit station, whether bus, train, or light rail, which is served by public transit with a mix of other transportation options.” SB 328 was signed by the Governor on May 16, 2024. Due to the revisions of the Live Local Act through SB 328, staff prepared a definition for “transit stop” and “major transportation hub.” DSAC-LDR Subcommittee Recommendation: On May 21, 2024, the DSAC-LDR Subcommittee recommended that staff change the requested definition from “major transit stop” to “transit stop” and “major transportation hub” and recommended the following: 1. Provide a definition for “transit stop” that includes a reference to “publicly funded transportation agency” as opposed to naming CAT specifically. Staff updated the LDC to more align with Florida Statutes and this new version was presented to the DSAC-LDR Subcommittee on July 29, 2024, where it was unanimously approved. On August 7, 2024, the updated definitions were presented to DSAC, where the amendment was unanimously approved. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts anticipated with this amendment. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: None Page 1004 of 3023 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 Amend the LDC as follows: 1 1.08.02 – Definitions 2 3 * * * * * * * * * * * * * 4 5 Lot of record: A lot of record is (1) a lot which is part of a subdivision recorded in the public 6 records of Collier County, Florida; or (2) a lot, parcel, or the least fractional unit of land or water 7 under common ownership which has limited fixed boundaries, described by metes and bounds or 8 other specific legal description, the description of which has been so recorded in the public records 9 of Collier County, Florida, on or before the effective date of this LDC; or (3) a lot, parcel, or the 10 least fractional unit of land or water under common ownership which has limited fixed boundaries, 11 for which an agreement for deed or deed was recorded prior to October 14, 1974, if within the 12 former Coastal Area Planning District, and January 5, 1982, if within the former Immokalee Area 13 Planning District. 14 15 Major transportation hub: Any transit station, whether bus, train, or light rail, which is 16 served by public transit with a mix of other transportation options. The three major transportation 17 hubs located within the County are as follows: Government Center Transfer Station, Radio Road 18 Transfer Station, and Immokalee Transfer Station. 19 20 Marina: A boating facility, chiefly for recreational boating, located on navigable water 21 frontage, and providing all or any combination of the following: boat slips or dockage, dry boat 22 storage, small boat hauling or launching facilities, marine fuel and lubricants, marine supplies, 23 bait and fishing equipment, restaurants, boat and boat motor sales, and rentals. Does not include 24 dredge, barge, or other work-dockage or service, boat construction or reconstruction, or boat 25 sales lot. 26 27 * * * * * * * * * * * * * 28 29 Transit oriented development: A project or projects, in areas identified in the GMP, that is 30 or will be served by existing or planned Collier Area Transit service. TODs are subject to standards 31 that require the development to be compact, interconnected with other land uses, and pedestrian 32 oriented, and dwelling units are required to be multi-family. 33 34 Transit stop: A designated area along a fixed transit route where buses of a local, publicly 35 funded transportation agency stop to load and unload passengers. 36 37 Vegetation, Category I Invasive Exotic: Invasive exotic vegetation that alters native 38 vegetation communities by: displacing native plant species, changing the structure or ecological 39 functions of native plant communities, or hybridizing with native species; which includes all 40 species of vegetation listed on the 2003 Florida Exotic Pest Plant Council's List of Invasive 41 Species, under Category I. 42 43 * * * * * * * * * * * * * 44 # # # # # # # # # # # # # 45 Page 1005 of 3023 [24-LDS-00317/1992365/1]45 2/18/2026 Page 1 of 6 Words struck through are deleted, words underlined are added ORDINANCE NO. 26– ___ 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 ADD TRANSIT STOP DEFINITIONS BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. (PL20240005299) 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 January 15, 2026, 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 ________ __, 2026, 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 Page 1006 of 3023 [24-LDS-00317/1992365/1]45 2/18/2026 Page 2 of 6 Words struck through are deleted, words underlined are added 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. 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. Page 1007 of 3023 [24-LDS-00317/1992365/1]45 2/18/2026 Page 3 of 6 Words struck through are deleted, words underlined are added 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 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 Page 1008 of 3023 [24-LDS-00317/1992365/1]45 2/18/2026 Page 4 of 6 Words struck through are deleted, words underlined are added Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 1.08.02 Definitions * * * * * * * * * * * * * Lot of record: A lot of record is (1) a lot which is part of a subdivision recorded in the public records of Collier County, Florida; or (2) a lot, parcel, or the least fractional unit of land or water under common ownership which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been so recorded in the public records of Collier County, Florida, on or before the effective date of this LDC; or (3) a lot, parcel, or the least fractional unit of land or water under common ownership which has limited fixed boundaries, for which an agreement for deed or deed was recorded prior to October 14, 1974, if within the former Coastal Area Planning District, and January 5, 1982, if within the former Immokalee Area Planning District. Major transportation hub: Any transit station, whether bus, train, or light rail, which is served by public transit with a mix of other transportation options. The three major transportation hubs located within the County are as follows: Government Center Transfer Station, Radio Road Transfer Station, and Immokalee Transfer Station. Marina: A boating facility, chiefly for recreational boating, located on navigable water frontage, and providing all or any combination of the following: boat slips or dockage, dry boat storage, small boat hauling or launching facilities, marine fuel and lubricants, marine supplies, bait and fishing equipment, restaurants, boat and boat motor sales, and rentals. Does not include dredge, barge, or other work-dockage or service, boat construction or reconstruction, or boat sales lot. * * * * * * * * * * * * * Transit oriented development: A project or projects, in areas identified in the GMP, that is or will be served by existing or planned Collier Area Transit service. TODs are subject to standards that require the development to be compact, interconnected with other land uses, and pedestrian oriented, and dwelling units are required to be multi-family. Page 1009 of 3023 [24-LDS-00317/1992365/1]45 2/18/2026 Page 5 of 6 Words struck through are deleted, words underlined are added Transit stop: A designated area along a fixed transit route where buses of a local, publicly funded entity stop to load and unload passengers. Vegetation, Category I Invasive Exotic: Invasive exotic vegetation that alters native vegetation communities by: displacing native plant species, changing the structure or ecological functions of native plant communities, or hybridizing with native species; which includes all species of vegetation listed on the 2003 Florida Exotic Pest Plant Council's List of Invasive Species, under Category I. * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ___ day of ______________, 2026. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:________________________________ , Deputy Clerk Dan Kowal, Chairman Page 1010 of 3023 [24-LDS-00317/1992365/1]45 2/18/2026 Page 6 of 6 Words struck through are deleted, words underlined are added Approved as to form and legality: __________________________ Courtney L. DaSilva Assistant County Attorney CLD2/18/26 Page 1011 of 3023