Backup Documents 02/06/2002 SBOARD OF COUNTY COMMISSIONERS
SPECIAL MEETING
FEBRUARY 6, 2002
NapLes Daily Neus
Naples, FL 34102
Affidavit of Pu~licatiol.
N~.ples Daily News
BJARD C5 COUNTY COMMISSIONERS
CHRIS HO~TON
PO BOX 413016
NA?LES FL 34/01-3016
REFERENCE: 001230 1131383126491
58391435 NOTICE OF BOARD OF C
State of Florida
County of Collier
Before ~Se .Jnder~igned euthorit%, ~ersonally
appeared B. Lamb. who on oath says that she s~rves
as the Assistant Carl,.rate Se"retary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier Count/~ Floriaa: 'chat the attached copy
of advertising was 2ublishcd in said newspaper on
dates listed.
Affiant further s~,yo t~at the said Naples Daily
News i~ = newspaper published at Naples/ in said
Collier Cou~lty, Florida, and that the said
newspaper has here=ofore been continuously
published in said Collier County, Florid~ each
day and has been entered as second class mail
matte, et th~ .~ost office in Naples, in said
Collier gounty~ Flurida, for = period of 1 year
ne:t preceding the first publication of the
attached copy nf advertisement; and affiant
further says that ~he has neither paid nor
promised an? person, firm cr corporation any
2:sc=ung, ,'~bate, commissio~ or refund for the
purpose ot secur~2 thio e~vertise~ent for
pu~liction in the said newspaper.
~UBLISHED ON: 02/~
coMMISSIoNERs
.oT a BO^.D
LDC AMENDMENT
~;~mon Turner uqna!na,
u' Governmem career, =~u~ =u
lC[S) Wll!. in~.luae, .urn v .
view of the To lowing sun eCTS:
· ~ndmerds to m_v:laon 3.iS ^~
cllltle$ of the Collier County Land Devempmem
The meeting I$ open tothe public.
Any person ~ decides to appeal
the ~wltl need a rec(~r, d of the
which record .loc udes ~e ~t~flmon¥ ~,,,~
upon which the al~eal I$ masea. .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOEIDA
JAMES N. COLETTA~C_H_A!.RMAN
DWIGHT E. BROC.K, CLERIc,
(SEAL) 14o. 1~63~98
February 3 --
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
February 6, 2002
5:05 P.M.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS 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 TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY
THE CHAIRMAN.
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
1
February 6, 2002
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
1. PLEDGE OF ALLEGIANCE
e
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO,
FINDINGS OF FACT: SECTION THREE, AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING DIVISION
3.15, ADEQUATE PUBLIC FACILITIES, TO DELETE SUBSECTION
3.15.7.3.1.2. THEREOF RELATING TO REVIEW AND APPROVAL OF
CERTIFICATES OF PUBLIC FACILITY ADEQUACY PRIOR TO
CONSIDERATION OF AN APPLICATION FOR DEVELOPMENT ORDER
APPROVAL; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
Ord. 2002-04 Adopted w/changes - 5/0
3. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
2
February 6, 2002
January 18, 2002
Ms. Pam Perrell
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of LDC Special Meeting
Dear Pam:
Please advertise the enclosed notice on Sunday, February 3,
2002, and kindly send the Affidavit of Publication, in
duplicate, together with charges involved to this office.
Thank you.
Sincerely,
Ellie Hoffman, Deputy Clerk
Charge to: 113-138312-649100
NOTTCE OF BOARD OF COUNTY COt4MTSSI'ONER$
LDC AMENDMENT
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a SPECTAL MEETTNG on WEDNESDAY~ FEBRUARY 6~ 2002~
at 5:05 P.M. in the Board Meeting Room, 3rd Floor, W. Harmon Turner Building,
(Administration) Collier County Government Center, 3301 East Tamiami Trail,
Naples, Florida. The Board's informational topic(s) will include, but may not be
limited to, an overview of the following subjects:
· Amendments to Division 3.15 Adequate Public Facilities of the Collier County
Land Development Code.
The meeting is open to the public.
Any person who decides to appeal a 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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES N. COLE1-FA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Maureen Kenyon
Deputy Clerk
(SEAL)
January 18, 2002
Ms. Pam Perrell
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re:
Notice of Intent to Consider Amendments to Division 3.15 of
the Land Development Code
Dear Pam:
Please advertise the above referenced notice on Friday, January
25, 2002, and kindly send the Affidavit of Publication, in
duplicate, together with charges involved to this office.
Thank you.
Sincerely,
Ellie Hoffman, Deputy Clerk
Charge to: 113-138312-649100
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on WEDNESDAY, FEBRUARY 6, 2002, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 5:05 P. M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING 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 DIVISION 3.15, ADEQUATE PUBLIC
FACILITIES, TO DELETE SUBSECTION 3.15.7.3.1.2. THEREOF
RELATING TO REVIEW AND APPROVAL OF CERTIFICATES OF PUBLIC
FACILITY ADEQUACY PRIOR TO CONSIDERATION OF AN APPLICATION
FOR DEVELOPMENT ORDER APPROVAL; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to
the Board and are available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an 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 10 minutes to speak on an item.
Persons wishing to have written or graphic materials
included in the Board agenda packets must submit said material a
minimum of 3 weeks prior to the respective public hearing. In
any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a
minimum of seven days prior to the public hearing. Ail material
used in presentations before the Board will become a permanent
part of the record.
Any person who decides to appeal a 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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES N. COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Ellie Hoffman, Deputy Clerk
(SEAL)
Ellie J. Hoffman
To:
Subject:
paperrell@naplesnews.com
Notice of LDC Meeting and Intent to Consider Ord.
Good Afternoon, Pam,
Attached please find a notice for the LDC Meeting and
Intent to Consider the Ordinance for the February 6, 2002
Hearing.
Thank you and have a good weekend!
Ellie
3.15.doc BCC LDC special 3.15 Ord.doc LDC 3.~.5.doc
1.doc
Ellie J. Hoffman
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Friday, January 18, 2002 2:05 PM
Ellie J. Hoffman
Delivered: Notice of LDC Meeting and Intent to Consider Ord.
Notice of LDC
Meeting and Inte...
<<Notice of LDC Meeting and Intent to Consider Ord.>> Your message
To: ' paperrel l@naplesnews, com '
Subject: Notice of LDC Meeting and Intent to Consider Ord.
Sent: Fri, 18 Jan 2002 14:11:19 -0500
was delivered to the following recipient(s):
Perrell, Pamela on Fri, 18 Jan 2002 14:05:28 -0500
ORDINANCE NO. 02-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT: SECTION THREE,
AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING DIVISION 3.15,
ADEQUATE PUBLIC FACILITIES, TO DELETE
SUBSECTION 3.15.7.3.1.2. THEREOF RELATING TO REVIEW
AND APPROVAL OF CERTIFICATES OF PUBLIC FACILITY
ADEQUACY PRIOR TO CONSIDERATION OF AN
APPLICATION FOR DEVELOPMENT ORDER APPROVAL;
SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
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 has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to
Section 1.19.1., LDC; and
and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2001;
WHEREAS, on March 18, 1997, the Board of County Commissioners 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
advertised public hearings on January 9, 2002 and February 6, 2002, 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, all applicable substantive and procedural requirements of the law have 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.
Words :~,:ek ~.rc, ugh are deleted, words underlined are added.
1
SECTION TWO:
FINDINGS OF FACT
The Board of County 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 (hereinafter the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and implement
the adopted comprehensive plan.
3. Sec. 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 as required by
the Act.
4. Sec. 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 development 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. Sec. 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. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 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.
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; encourage the most appropriate use of land,
water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within the total unincorporated are 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; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the
adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities,
housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within
the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and
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 implememthe
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.
Words s~ac~Jz [~m:gh are deleted, words underlined are added.
2
SECTION THREE:
SUBSECTION 3.A.
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
AMENDMENTS TO DIVISION 3:15, ADEQUATE PUBLIC FACILITIES
Subsection 3.15.7.3 entitled Certificate of Public Facility Adequacy of Ordinance No. 91-102, as amended,
the Collier County Land Development Code, is hereby amended to delete subsection 3.15.7.3.1.2 as follows:
SECTION FOUR: CONFLICT AND SEVE~ILITY
h the event this Ordin~ce conflicts with ~y other Ordin~ce of Collier Co~ty ~d other
applicable law, the more restrictive shall apply. If any p~ase or potion of the Ordinance is held
invalid or ~constitutional by ~y corn of competent jurisdiction, such potion shall be deemed a
sep~ate, distinct ~d independent provision ~d 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 bc renumbcred or relettcred 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 Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of ,2002.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
BY:
JAMES N. COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
Words s~.:c~ ..:r~ag.. are deleted, words underlined are added.
3
Approved As To Form And Legal Sufficiency
M~udent' '
Assistant County Attorney
H:\ LDC CYCLE 1 -2001\LDC ORD CYCLE I - 2001
Words gm:ok ~zzug~ are deleted, words underlined are added.
4
Na~l~s ~aiL~, Ne~s
Nap~es~ FL 3410~
Affid~v:t o~ ~,~btication Naples Dai~.,
POAR~ OF COUNTY
CHRIS
>0 BOX 41301~
H~LES '1.. 34101-'3016
~£FERE~C£: 0(.~23G ~I3'~83!26491
38~260 DIV.
State o' ?Lo~da
County of ¢oLli~r
Before thc up¢~rsigned au'~hority, ~ersom~ly
~ppeared ~. Lamb. ~ho ol~ oath says that she scows
as ~;e A~si~tant .orpora~e S~c~et3~y of the Naples
Daily ~e~s/ a daily ne~paper published at Nap:es,
~ ¢ollien Co~n~y, Florida: that the ~ctached copy
of advertising ~s pubL~sh-d 'in said ne~spape;' on
Af~i=n~ further says that ~he sa'~d Naples ~aily
~eus '~s a n~s~per published at Naples, in said
Collier County, F[or.i~, and that the saiJ
ne~spapen ~a~ h~net~fcre been continuously
pub!~$hed in said L~ll~en Cour,~y, Flopide, eac~t
da~ and he~ been entered s~ secord class .~a~L
~at~er ~ th ~os; office in N~p[e~. in said
Collie~ County, ~Lonida, fop a per~J of 1 year
n.~xt preceding the fi~t publication of the
a~tach~ co~.' of ~dvertise..,ent, ~d affiant
further say~ th,t sh~ kes ~-ithec ~id no~
prc,:~s~ ~y person, ~i~ or' co~por~Cion any
~iscount. Pebat~., commiss~or~ oF refuno for the
put,se ur sec~'~i~C thi~ adw~rtisement fen
Rubliction i~ ~he sai~
PUeL~SHED ON: 0~/25
AD ~,~AgE: 134.000 INCH
FILED OE: 01/23/02
F~rsoneLI;' kno~n by me ~
My Commi~ion DD056338
RECEIVED
JAN J U
FINANCE
DIV. 3.15
NOTICE OF INTENT TO
CONSIDER ORDINANCE
Notice Is hereby alven
thof on WEDNESDAY,
_FI .o.o..r, A_dmJnlsfr_atlon
Building, Collier County
Government Center,
3301 East Tamlam] Trail,
Naples, Florida, the
missioners will consider
the enactment of a Coun-
ty Ordinance. The meet.
Jng will commence of
5:05 P. M. The title of the
~ Ordinance Is as
AN ORDINANCE
AMENDING ORDI-
NANCE NUMBER
91-102, AS AMENDED,
~ THE CALLER COUN-
TY LAND DEVELOP-
MENT CODE WHICH
INCLUDES THE COM-
PREHENSIVE ZONING
REGULATIONS FOR
THE UNINCORPORAT-
ED AREA OF COLLIER
~ COUNTY~ FLORI~_A~
BY PROVIDING FOR~
SECTION OHE, RECIT-
ALS; SECTION TWO,
FINDINGS OF FACT:
ECT,ON o .R%E
ADOPTI
' AMENDMENTS TO
THE LAND DEVELOP-
MENT CODE~ MORE
SPECIFIC/ LLY
AMENDING C~VISION J
3.1_5, ADEQUATE PUB-
. LIC FACILITIES, TO
. DELETE SUESECTIONj
3.15.7.3.1.2. THEREOF
"RELATING TO RE-
VIEW AND APPROV-
AL OF CER~qFICATES
OF PUBLIC 'FACILITY
ADEQUACY PEIOR TO
CONSIDERATION OF
AN APPLICATION FOR
DEVELOPMENT
ORDER APPROVAL;
SECTION FOUR, CON.
FLICT AND SEVERA.
BILITY; SECTION
FIVE, INCLUSION IN
THE COLLIER COUN-
TY LAND DEVELOP.
MENT CODE; AND
SECTION SIX, EFFEC-
TIVE DATE.
Copies of ~e
Ordln~mce are on file wlYn
the Clerk to the Board and
NOTE: All persons
~lshl~ ~} ~8 on ~¥
I~ ~m mu~' r~b-
I mlnls~rmor ~rlor to pre-
I Item to be ~lressed. In.
/dlvldual speakers will be J
/limited to 5 minutes on]
]~n¥ Item, The se ecXon of]
/on Individual to spe~k
/behalf of an org~nlz~'lonl
~* group Is encouraged.
recognized by the Ch~lr.
man, a spokesperson_ for
a ~ or organization
may ~e allotted 10 mln-
Persons wishing to
have written ar graphic
materiels Included In the
Board agenda
must submit said nla~r~l
o minimum of 3 weeks
prior to ~he respective
public he~rlng. In any
.case_, wrXton metertols In-
by the B(mrd shall be sub-
mltled to the ~mlofe
CourW staff o 'minimum
public hearing, All moferl-
al used In presentofloas
before rite Board will be.
~ome a p.ermmlenf IX~ of
· r~:~'a.
Anv person who decld-
es to m~e~l a decielon of
the B<mrd will need o re-
cord of .the procoedlngs
~erh~lnlng thereto and.
therefore,.- .may need to[
ensure mot a verbaflml
Is mm:M, which record Ih-I
cludas the testimony and
evl)~d~isl3~ whtch the
DOFCOUHT¥ I
I COMMI$$1ONI~S
COLLIER COUNTY, '
JAMES N. COLETT.~
CHAIRMAN
DWIGHT E. BROCK,
.C~.E,R_K_ ..........
ORDINANCE NO. 02- 0 4
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR.' SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT: SECTION THREE,
AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING DIVISION 3.15,
ADEQUATE PUBLIC FACILITIES, TO DELETE
SUBSECTION 3.15.7.3.1.2. THEREOF RELATING TO REVIEW
AND APPROVAL OF CERTIFICATES OF PUBLIC FACILITY
ADEQUACY PRIOR TO CONSIDERATION OF AN
APPLICATION FOR DEVELOPMENT ORDER APPROVAL;
SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
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 has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to
Section 1.19.1., LDC; and
and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2001;
WHEREAS, on March 18, 1997, the Board of County Commissioners 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
advertised public hearings on January 9, 2002 and February 6, 2002, 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, all applicable substantive and procedural requirements of the law have 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.
Words smack t~xcugh are deleted, words underlined are added.
1
SECTION TWO:
FINDINGS OF FACT
The Board of County 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 (hereinafter the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and implement
the adopted comprehensive plan.
3. Sec. 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 as required by
the Act.
4. Sec. 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 development 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. Sec. 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. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 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.
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; encourage the most appropriate use of land,
water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within the total unincorporated are 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; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the
adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities,
housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within
the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and
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 Comprehensive Plan,
Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code.
Words s~ack ~ough are deleted, words underlined are added.
2
SECTION THREE:
SUBSECTION 3.A.
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
AMENDMENTS TO DIVISION 3:15, ADEQUATE PUBLIC FACILITIES
Subsection 3.15.7.3 entitled Certificate of Public Facility Adequacy of Ordinance No. 91-102, as amended,
the Collier County Land Development Code, is hereby amended to delete subsection 3.15.7.3.1.2 as follows:
SECTION FOUR: 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 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 relettered 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 Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this (,,;~:Z, day of.~~, 2002.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMI~. ~-~ LI~ T'i'A ,--C ~--.~M AN
s!gn tm,
Words .......tF, rcugh are deleted, words underlined are added.
3
Approved As To Form And Legal Sufficiency
Marj})ri~M. Student v,
Assistant County Attorney
H:\ LDC CYCLE I - 2001\LDC ORD CYCLE 1 - 2001
Words swack tF~roug~ are deleted, words underlined are added.
4
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 2002-04
Which was adopted by the Board of County Commissioners
on the 6th day of February, 2002, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of February, 2002.
DWIGHT E BROCK
Clerk
of
Courts
and:
Ex-officio to Board
County Commissioner,s.
~ ~. ~ ,.
By: Ellie Hoffman,
Deputy Clerk