Ordinance 90-068 ORDINANCE 90- ~8
AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, T~{E
COMPREHENSIVE ZONING REGULATIONS FOR THE
~;INCORPORATED AREA OF COLLIER COUNTY BY
AMENDING SECTION 7.27, (PUD) PLANNED UNIT
DEVELOPMENT DISTRICT, AMENDING SUBSECTION 7.27 J.P
CHANGES AND AMENDMENTS, BY PROVIDING DEFINITIONS
FOR SUBSTANTIAL CHANGES AND AMENDMENTS, BY
PROVIDING A REVIEW PROCEDURE FOR CHANGES; BY
PROVIDING PROCEDURES FOR PUD DOCUMENT A~[ENDMENTS;
BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County,
Florida,acknowledges that changes or amendments to a Planned Unit
Development are required from time to time due to market demand or
market strategies; and
WHEREAS, the Board of County Commissioners has previously
established criteria defining a minor change or amendment to a
Planned Unit Development pursuant to Subsection 7.27j. of
Ordinance Number 82-2, as amended, the Collier County Zoning
Ordinance; and
WHEREAS, the current criteria are recognized as being overly
restrictive and contrary to the flexibility of design intended for
Planned Unit Developments, and;
WHEREAS, a more reasonable and efficient way of assessing
requested changes within an approved Planned Unit Development is
required;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE: AMENDMENTS TO SECTION 7.27 OF COLLIER COUNTY ZONING
ORDINANCE NO. 82-2, AS AMENDED.
Section 7.27, (PUD) Planned Unit Development District,
Subsection 7.27 j., Changes and Amendments, of Ordinance 82-2, the
Zoning Ordinance of Collier County, Florida is hereby amended to
read as follows:
eomm~ ss ~omT-may-a~p~Ye-m~me~-~hamges -~-~he
s%rue%u~esr-flnd-~mp~oYemen~s-au~ho~zed-by-ehe
adopeed-m~see=-p}am-o~-deve½opmen~-~e=-a-des~Ra~ed
by-~he-a~ep~e~-~as~e~-p~an?
~---~hen~e-any-pe~e~e~-be~nda~y-c~-~he-p~amned
un~-deve&e~me er
3~---Rearran~e-any-~o~:r-h~eekr-bu&~&m~-~rae~r-or
ecmmen-epem-spaee-e~-eemmen-~ac~&&~M-as-shewn
en-~he-a~ep~e~-mas~e~-p~amr
~---ehan~e-an~-~se-as-shewn-em-~he-a~ep~ed-mes~e~
5~---ehamge-½eea~ien-o~-ame~s-of-½and-deve~e~-~e
speeified-~and-~ses-en-~he-adcp~ed-mas~er
~'7!i' ~hanges-~-~hreugh-5~-above-sha~-~e
? eonsi~ere~-ma~er-ehan~es-~e-~he-Mas~er-P~an
and-sha~-re~&re-~he-same-preee~e-as-~er
ac~a~-P~B-zen&n~-Be~e~e-~heM-ean-he-appreve~
hy-~he-Bear~--Ean~a~e-ehan~es-ne~-&nve~v&n~
prece~re-as-~er-~men~&n~-~he-~en&n~
Ord~nancev
chan~es a~d Amendments;
A~proval Re,ui~ed: Any subs~o~ial chanceCs~
~o an an~roved P.U.D. Mas~er Plan shall
recuire ~he review and recommendation o~ ~he
Planninc Commission and an~ov~l hy ~he Board
o~ County Commissioners nrio~
im~lemen~a~ion. For ~he ~urpose o~ ~hi~
~ec~ion~ a ~ubs~a~ial c~anqe shall be deemed
~o e×is~ where:
(i) There is a pronosed chan~e ~n,~h~
boundary o~ ~he Planned Uni~
Development, or~
~ii) There is a nro~osed increase in ~he
~o~al number o~ ~we!!inc units
in~ensi~v o~ land use or height
buildings wikhin ~he developme~ or;
~iii~ There is a nro~osed decrease in
mreserva~ion, conserva~ion~ recreation,
o~ open space ~eas within
d~velopmen~, Do~ ~o e×ceed ~ve
perce~ and ~ive (~) acres in ~he
p~o~ec~ area o~ the sub~ec~ chan~e or~
¢iv~ There is a nroposed increase in the size
o~ areas use~ ~or non-residential uses,
~o include institutional, commercial and
industrial land uses Ce×cludin9
preserva~io~ conservation or open
sp~ces), or a proposed relocation
~on-yesiden~al land
T~ere is a substantial increase i~ ~he
imnac~s o~ ~he developme~ wh~cB
,~cl~de, bu~ are no~ limited
increases in ~ra~ic qenera~ion; cha~es
in ~ra~ic circulation.
~ Tho change will result
activities that Generate a higher level
of vehicq~ar traffic based upon the Trip
Generation Manual published by the
~psti~Ute Of Transportation Engineers.
or;
(vii) The change will result in a reGuirement
for increased storm water retention, or
wil~ otherwise increase storm water
discharges, or:
Cviii%The change will bring about a
relationship to an abutting land use
that would be incompatible with
~Jacent land use.
(ix) A~Y modification to the P.U.D. Master
?~an which is inconsistent with the
Future Land Use Element of the Growth
Management Plan and which modification
would increase the density or intensit~
of the permitted land uses.
A~v change or modification to the P.U.D.
Master Plan which impact(s) any
consideration deemed to be a substantial
modification as described under Section
~. 1 (i) thru (x).
2) Approval Not ReGuirgd; ~DY inpUbstantial
change(s) to an apDr.oved P.U.D. Master Plan
based upon an evalua'cion of Subsection
through {x) shall reGuire the review and
approval O~ the Plann~n~ Commission, as ag
action taken at a reGularlv scheduled meeting.
Should the Planning Commission agree that said
~haDge ~s ~nsubstantial, it'S approval is
~inal and authorizes said cba~ges tQ be made.
3_~(i) procedure For Substantial!Insubstantial
~hapge Determination: The applicant
shall provide, to the Cou]%ty Manager. or
his designee, documentation which
a~equately describes the proposed changes
along with the appropriate review fee to
be applied following the decision ruling
sa~ change to be insubstantial but prior
to the ~pprova~ of the Collier County
~lanDing commission, The Master Plan Map
shall show all data normally reGuired for
submittal of a p.u.D. Mas~er P~an unless
it ~s otherwise de%ermined DO~ to be
necessary, describing the proposed
changes in: land use: densities:
infrastructure; open space, pyeservat~og
or conservation areas; area of building
square footage proposed fo_r
non-residential deve~opment;..chanGe in
potential intensity of land use and
related automobile trip moveNepts, and
relationships to ab~ting ~apd uses,
addition, the applicant for evaluation of
P.U.D, Master P~aP revisions shall
provide a detailed writte;~ narrative
describinq the chanqe(s) and the reasog
for the reGuest, Upon reGe~pt o~ the
amended Plan. the County ManaGer. or his
39 3'81
designee, shall review said Plan acains~
~riteria established within Subsections
7,27 ~.1) fi) thru (x) above g~d may
forward the Plan to any other agency,
division or authority deemed necessary
for review and comment.
(ii) Upon completion of the review, the County
Manager, or his designee, shall provide a
written determination to the applicant,
9r his legal representative, confirming
that the proposed chanGeCs) do or do not
constitute a substantial change to the
approved P.U.D. Master Plan based upon
the evaluation of the criteria described
in Subsections 7.27 j.1) ([) through {ix).
(iii)~h~nqes. as identified in Subsection 7.27
~.l)[i) through [ix) above, shall be
considered substantial changes to the
approved P.U.D. Master Plan and shall be
r~guired to submit a zoning application
complete with pertinent supporting data,
as set forth in Section 7.27.
(iv) Any determination made by the County
ManaGer or his designee may be appealed
~o the County Board of Commissioners.
Language change~ 49 ~ previous%y approved
Planned Unit Development document shall
r~quSre the same p¥gcedure as for amending the
Zoning Ordinance or other land development
regulations.
SECTION TWO: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other
Ordinance of Collier County and other applicable law, the more
restrictive shall apply. If any phrase or portion of the
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 THREE: EFFECTIVE DATE
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
,. PASSED AND DULY ADOPTED by the Board of County Commissioners
~!~;%i:' of Collier County, Florida this llth day of September
· 1990.
ATTESTi '. BOARD OF COUNTY COMMISSIONERS
,-, JJ~I,~,~ C. GILES,'. Clerk COI.~IER COUNTY, F~RIDA
.._~~'d · B
ED AS To.'Fo~ ~D
LEG~.~ U~ICIENCY',,_ .
~O~E M. STUDENT
ZO-90-4 ZONING ORDIN~CE ~ENDMENTS flllngF~ei~ ~~~y
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 90-58
which was adopted by the Board of County Commissioners on
the llth day of September, 1990, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this
d~¥ of September,
JAMES C. GILES
Clerk of Courts and Clerk ";',
Ex-officio to Board of
County Commtssi~.'
~ Deput~ Clork -