Ordinance 2008-12
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!l \-\}.\ -~t~ \ ORDINANCE NO. 08-~
\ -;;, t\'t\' l \.\) E AN ORDINANCE OF THE BOARD OF COUNTY
\c; \\.\)\.\ ~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
\ \ ~ AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
~C'o ((,0,1, THE COLLIER COUNTY LAND DEVELOPMENT CODE,
,,'f:6"(:BUZ9 WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, 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
1 - GENERAL PROVISIONS, INCLUDING SECTION 1.04.04
REDUCTION OF REQUIRED SITE DESIGN
REQUIREMENTS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, PUBLICATION AS THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE.
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repealed and superseded Ordinance No. 91-102, as amended, the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, the LDC may not be amended more than two times
in each calendar year unless additional amendment cycles are
approved by the Collier County Board of Commissioners pursuant to
Section 10.02.09 A. of the LDC; and
WHEREAS, this is the second amendment to the LDC for the
calendar year 2007; 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 Board of County Commissioners, in a manner
prescribed by law, did hold an advertised public hearing on February
26, 2008 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
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WHEREAS, this Ordinance is adopted in compliance with and
pursuant to the Local Government Comprehensive Planning and Land
Development Regulation 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 Sec. 163.3161, et seq., Fla.
Stat., the Florida Local Government Comprehensive Planning and Land
Development Regulations 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 Section 163.3202(1). Fla. Stat., mandates that Collier County
adopt land deveiopment regulations that are consistent with and
implement the adopted comprehensive plan.
3. Section 163.3201, Fla. Stat., 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), Fla. Stat., 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), Fla. Stat., 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 Sec. 163.3161 et seq., Fla. Stat., and Rule 9J-5
F.A.C.
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7. Section 163.3194(1)(a), Fla. Stat., 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 or
portion thereof shall be consistent with such comprehensive plan or
element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a
development order or land development regulation shall be consistent
with the comprehensive plan if the 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), Fla. Stat., requires 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 and may be amended twice annually. 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
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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: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.04.04 REDUCTION OF REQUIRED
SITE DESIGN REQUIREMENTS
Section 1.04.04 Reduction of Required Site Design Requirements, of Ordinance 04-41,
as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
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1.04.04 Reduction of Required Site Design Requirements
A. No part of a required yard, required open space, required off-street
parking space, or required off-street loading space, provided in
connection with one building, structure, or use shall be included as
meeting the requirements for any other, structure, or use, except where
specific provision is made in this LDC.
B. Minimum standards; nonconformities created by public acquisition.
1. All lots or yards created after the effective date of this Code [Feb.
14, 2006] must comply with the requirements then established by
this Code.
2. No lot, even though it may consist of one or more abutting lots of
record, or yard, existing at the effective date of this Code [Feb.
14, 2006] or lawfully existing on the effective date [Feb. 14, 2006]
of applicable amendments to this Code shall thereafter be
reduced in its degree of compliance, including its size, dimension,
or area, below the minimum requirements then set forth in this
Code, except by reason of a portion thereof being acquired for
present or planned public use bv the followinq party or parties: (i)
Collier County; (jj) another qovernmental entity or entities
includinq the State of Florida. Biq Cypress Basin. South Florida
Water Manaqement District, Florida Department of Transportation
and public utility companies providinq public service: (iii) private
utility companies providinq public service: and/or (iv) a private
party or parties under an aqreement with Collier County or another
qovernmental entity or entities containinq provisions for said
private partY or parties to make such acquisition and for the future
transfer of ownership (fee or easement interest) to Collier County
or another qovernmental entity or entities. in any manner,
including dedication, condemnation, purchase, and the like.
a. Required yards on improved lots, lot area, lot
coverage on improved lots, and lot dimensions
rendered nonconforming or more legally
nonconforming as a result of being acquired for present
or planned public use by the partv or parties described in
B.2. above may be reduced by the same dimension, area,
or amount involved in the dedication, condemnation,
purchase, or similar method of acquisition for l3\lblio uco,
but shall not result in a front yard of less than ten feet
(10') in depth. Accordingly, the resulting degree of
nonconformity of the area and dimensions of a lot and
the required yards with this Code's then current
requirements will be deemed lawful unless or until the
remaining lot or yard is recreated, typically by re-
development, re-plat or lot re-combination, at which time
such lots and yards must comply with the requirements
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then established by this Code. Further, no conforming lot
otherwise qualifying for a lot split or lot line adjustment
pursuant to Section 10.02.02. B.8; 10.02.02, B.12, 1.04.04
or 9.03.03.A 5 may be denied such approval solely on the
grounds that the resulting lot or lots would be less than
the required minimum area for such lot(s) in the
applicable zoning district as a result of acquisition, from
Feb. 14, 2006.
b. Other existing site related legal nonconformities,
including those rendered more nonconforming as a
result of acquisition for present or planned public use Qy
the partY or parties described in B.2. above and which
pertain to this Code's or other county code requirements,
such as, but not limited to, stormwater management,
landscaping or buffers, preserves, on- or off-site parking,
architectural design standards, etc., will be deemed legally
nonconforming ,and all such resulting nonconformities
may be allowed to remain so nonconforming ,unless or
until the remaining lot or yard is subsequently re-
created or re-developed, at which time such site related
non conformities and development must comply with the
then existing requirements of this Code.
c. In those circumstances where acquisition for present or
planned public use, by the party or parties described in
B.2. above. of a portion of a lot or yard would result in
one or more non conformities that would require approval
of a development order or permit in order to implement
the terms of the acquisition, i.e., in order to cure or remedy
the effect of an acquisition, (e.g., an SDP or building permit
required to relocate a prior existing building), the County
manager, or designee, is authorized to approve such
development order or permit so long as any prior existing
legal nonconformity of the type set forth in b. above
would not be increased.
d. A leqal non-conforminq lot or parcel of less than five IS)
acres desiqnated as RFMU sendinq lands or otherwise
eliqible for TDR severance that was in existence as of
June 22. 1999. which is later reduced in size or rendered
more non-conforminq as a result of a portion thereof beinq
acquired for present or planned public use by Collier
County or another party or parties as described in B.2.
above. mav be reduced by the same dimension. area. or
amount involved in the dedication. condemnation,
purchase or similar method of acquisition and the resultinq
lot(s) or parcells) not so acquired shall be deemed a leqal
non-conforminq lot or parcel of less than five (5) acres
entitled to severance of base and bonus TDR credits at a
rate of 1 TDR credit per leqal non-conforminq lot or parcel
pursuant to Section 2.03.07 D. 4. of the LDC.
3. A lot or parcel five (5) acres or larqer desiqnated as RFMU
sendinq lands or otherwise eliqible for TDR severance. which is
later reduced in size as a result of a portion thereof beinq acquired
for present or planned public use bv the party or parties described
in B.2. above. may be reduced by the same dimension. area. or
amount involved in the dedication. condemnation. purchase or
similar method of acquisition and the number of base and bonus
TDR credits qenerated from such resultinq lot(s) or parcells) not
so acquired shall be calculated pursuant to Section 2.03.07 D. 4.
of the LDC based on the lot or parcel acreaqe which existed prior
to the dedication. condemnation. purchase or similar method of
acquisition.
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d1. This section may be applied to those acquisitions occurring prior
to the adoption of this ordinance so long as the purchase or
dedication of the property has not closed, or the condemnation
proceeding relating to the property acquired has not reached final
disposition.
C. Other than provided for immediately above, required off-street parking
shall not be reduced in area or changed to any other use unless the
permitted or permissible use that it serves is discontinued or modified, or
equivalent required off-street parking is provided meeting the
requirements of this LDC.
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SECTION FOUR: CONFLICT AND SEVERABILITY
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
Section 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-Iettered 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, Tallahassee, Florida.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this 26th Day of February, 2008.
ATTEST:
DWIGH1= E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-12
Which was adopted by the Board of County Commissioners
on the 26th day of February, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County commissioners of Collier County, Florida, this 5th
day of March, 2008.
DWIGHT E. BROCK
Clerk of Courts and ~lerk
Ex-officio to Board of
County Commission~rs
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By: Ann Jennejohn,
Deputy Clerk