Ordinance 2018-24 ORDINANCE NO. 18 — 24
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, 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 FOUR —
SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING
SECTION 4.02.06 STANDARDS FOR DEVELOPMENT IN AIRPORT
ZONES, TO EXEMPT THE MINI-TRIANGLE SUBDISTRICT OF THE
URBAN DESIGNATION, URBAN MIXED USE DISTRICT OF THE
GROWTH MANAGEMENT PLAN FROM THE HEIGHT STANDARDS
FOR DEVELOPMENT IN AIRPORT ZONES; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN 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2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as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, 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 advertised public hearings on February 15, 2018, and on March 1, 2018, and
on April 5, 2018, and reviewed the proposed amendments for consistency with the
Comprehensive Plan and recommended approval; and
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WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on May 8, 2018, 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
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
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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.
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 or portion thereof
shall be consistent with such comprehensive plan or element or portion thereof.
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, 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.
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,
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0
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
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
Section 4.02.06 Standards for Development in Airport Zones, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
Section 4.02.06 Standards for Development in Airport Zones
L. Exemptions.
1. Development of the Marco Shores Golf Course Community that comports with
the location and height requirements of Ordinance No. 81-6, as amended by
Ordinance No. 85-56 and Ordinance No. 94-41, is exempted from the provisions
of section 4.02.06 only to the following extent:
a. The agreement between Johnson Bay Development Corporation Collier
County Airport Authority and the BCC, dated August 8, 1995.
b. 2T Prior issuance of a Federal Aviation Administration "Determination Of No
Hazard To Air Navigation."
2. Development of the Mini-Triangle Mixed Use Subdistrict of the Urban
Designation, Urban Mixed Use District of the Growth Management Plan that
comports with height requirements of Ordinance 2018-25, is exempted from the
maximum allowable horizontal zone height of 150 feet from the established
elevation of the Naples Airport, as established in LDC Sections 4.02.06.E. and
4.02.06.F. Buildings are allowed up to 160 feet in height from the established
elevation of the Naples Airport. Development within the Mini-Triangle Mixed Use
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Subdistrict shall comply with the conditions set forth in the Federal Aviation
Administration letters of "Determination Of No Hazard To Air Navigation", dated
January 20, 2017, or any subsequent letters or extensions thereof.
M. Airport land use restrictions. Notwithstanding any other provision of this LDC, no use
may be made of land or water within any zones established by this LDC in such a
manner as to interfere with the operation of an airborne aircraft. The following special
requirements shall apply to each permitted use:
X X X * X * X * X X X X X
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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 8th day of May, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLI ' CO , NTY, FLA
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BY: , •,y .4,,. ..11-4., Dc., . By: . I. -do
uty Clerk ANDY SOLIS, Chairman
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'signature only:
Approved as to form and legality:
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Heidi F. Ashton-Cicko
Managing Assistant County Attorney
04-CMD-01077/1777 (5/9/18)
This ordinance filed with ;nit
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
May 11, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples,Florida 34101-3044
Attention: Ann Jennejohn
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 18-24,which was filed in this office on May 11, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR!lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us