Ordinance 2018-34 ORDINANCE NO. 18 — 34
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: CHAPTER THREE — RESOURCE
PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION
STANDARDS, TO AMEND DESIGN STANDARDS RELATING TO OFF-
SITE PRESERVES AND TO MODIFY REQUIREMENTS FOR
MONETARY PAYMENT AND LAND DONATION OFF-SITE PRESERVE
ALTERNATIVES; 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2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as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 Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on April 10, 2018 and July 10, 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
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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
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.
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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, 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.
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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 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
Section 3.05.07 Preservation Standards
H. Preserve standards.
1. Design standards.
* * * * * * * * * * * *
f. Off-site vegetation retention.
Purpose and Intent. The purpose of this subsection f is to identify
the criteria to satisfy on-site preserve requirements off site. The
intent of the on-site preserve requirement is to retain, maintain,
and preserve existing native vegetation on site as provided for in
the Conservation and Coastal Management Element of the GMP.
However, in limited situations on-site preserve may be considered
less viable as a functional preserve if it is 21,780 square feet (one-
half acre) or less and isolated. Therefore, in limited situations,
providing for a preserve off site can achieve the goals and
objectives of the GMP. This section shall not apply to lands
located within the RLSA or RFMU districts.
i. Applicability. A property owner may-request that all or a portion of
the Collier County on site native vegetation preservation retention
and subject to the restrictions listed below.
requirement is less than 2 acres in size.
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than one acre in size.
c) Essential service facilities other than parks, for any size
preserves.
d) Preserves les., than on acre in size
of native vegetation retention allowed offsite shall be equal
to the percent of affordable housing units, without limitation
as to size of the preserve.
f} Existing or proposed preserves with 75 percent or more
coverage with exotic vegetation. Existing preserves not
preserve shall mitigate off site at a ratio of 2 to 1.
g) Created preserves which do not meet the success criteria
in 3.05.07 H.1.e.viii or where preserves have not been
planted in a manner which mimics a natural plant
community.
h) Preserves which do not meet the minimum dimensional
requirements of this section.
f) Portions of preserves located within platted single family
lots.
j) Right of Way acquisitions to be conveyed or in the process
of being conveyed to the County by non governmental
construction, including ancillary drainage facilities, and
including utilities within the right of way acquisition area.
k) All criteria listed for created preserves.
Applicability and prohibitions. Except where it is prohibited,
applicants may request that the on-site native vegetation retention
requirement be satisfied in full off site where the native vegetation
requirement is 21,780 square feet (one-half acre) or less, and the
preserves have not been identified on an approved development
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order by the County. Off-site preserves are prohibited if one or
more of the following is found on site:
a) Xeric scrub, and hardwood hammocks
or more in size, mangrove (excluding mangrove fringes
less than 40 feet in width, as measured from the root line,
on artificially created shorelines), coastal dune and strand
environments, and listed species habitat or corridors per
the requirements or recommendations of the FFWCC or
USFWS, - - - - e - . - . - - •. -
vegetation preservation retention requirement provided
offsite.
b) Preserves shall remain onsite if that are located within or
contiguous to natural flowways required to be retained per
the requirements of the SFWMD, natural water bodies,
estuaries, government required preserves (not meeting the
off-site preservation criteria herein), NRPAs, or contiguous
to property designated for purchase by Conservation
Collier or purchased by Conservation Collier, or contiguous
to properties containing listed species nests, buffers,
corridors and foraging habitat per the requirements or
recommendations of the FFWCC or USFWS. For the
purpose of this section, natural flowways shall also include
those identified during wetland permitting with applicable
State and Federal agencies, regional drainage studies, or
surface water management permits-; or
c) Remaining portions of on site preserves must be a
minimum of one acre in size and shall not meet the offsite
• - . • a
unless preserved with higher quality habitat not qualifying
for the off site native vegetation retention alternative.
c) The on-site native vegetation retention requirement is
greater than 21,780 square feet (one-half acre).
iii. Off-site preserves approved administratively. Except as limited in
LDC section 3.05.07 H.1.f.ii., the County Manager or designee
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may approve deviations to meet the on-site preserve requirements
off site in only the following four situations:
a) Essential services facilities;
b) Affordable housing approved by the Collier County
Community and Human Services Division;
c) Projects where on-site native vegetation is fragmented; or
d) Projects where on-site native vegetation is not contiguous
to off-site preserve areas.
iv. Off-site preserves approved through a public hearing. Except as
limited in LDC section 3.05.07 H.1.f.ii., applicants may request a
PUD deviation or variance, as applicable, to meet the on-site
preserve requirement off site.
a) PUD deviations shall be processed in accordance with the
procedures in LDC section 10.02.13.
b) Variances shall be processed in accordance with the
procedures in LDC section 10.09.00.
v. For the purposes of this section, the preserve requirement shall be
based on the total acreage for the PUD or development order, as
applicable, and not based on an individual phase or phases of a
development, consistent with LDC section 3.05.07 H.1.a. If the on-
site native vegetation retention requirement is satisfied off site,
then all of the required preserve will be satisfied off site.
iii-vi. Off-site Alternatives. Off-site native vegetation retention
requirements may be satisfied met by monetary payment or by
land donation.
a) Monetary payment alternative. Applicants shall make
monetary payment to Collier County. Such funds wii1 shall
be used by the County for the purchase and management
of off-site conservation lands within the county. The
monetary payment amount shall be based on the post
development appraisal value per acre multiplied by the
preserve requirement, then multiplied by 1.25 to establish
the endowment amount. The appraisal shall be performed
by a state certified appraiser. In addition, the fee for initial
exotic vegetation removal shall be paid by the applicant as
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established in the Parks and Recreation Division Fee
Schedule. location of the land to be impacted and be equal
Designation or 125 percent of the average cost for all other
Designations, as applicable, as defined by the FLUE,
purchased by Collier County, through the Conservation
Collier program. This monetary payment shall be made
prior to the preconstruction meeting for the SDP or final
plat construction plans.
b) Land donation alternative. In lieu of monetary payment,
applicants may choose to donate land for conservation
purposes at a ratio of 4:1 to Collier County or to another
government agency. In the event of donation to Collier
County, the applicant may acquire and subsequently
donate land within the project boundaries of Winchester
Head, North Golden Gate Estates Unit 53, another multi-
parcel project or any other land designated by
Conservation Collier donation acceptance procedures.
i) Applicants who choose to donate land shall be
required to demonstrate that the land to be donated
contains native vegetation communities equal to or
of higher priority (as described in subsection
3.05.07 A.) than the land required to be preserved
onsite. In no case shall the acreage of land donated
be less than the acreage of land required to be
preserved onsite. Land donated to satisfy the off-
site vegetation retention requirement must be
located entirely within Collier County. Donations of
land for preservation shall be made to a federal,
state or local government agency established or
authorized to accept lands for the conservation and
management of land in perpetuity, subject to the
policies and procedures of the receiving entity.
Lands donated to Collier County must include a
cash endowment payment for management of the
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land. The cash endowment shall be established in
the Collier County Parks and Recreation Division
Fee Schedule. -- _ __• _ -• e- . _ _-
the Urban Designation or 25 percent of the average
defined by the FLUE, purchased by Collier County,
through the Conservation Collier program.
Applicants shall provide evidence that donations of
land for preservation and endowments for
management have been accepted by and donated
to the entity stated above, at the time of the
preconstruction meeting for the SDP or final plat
and construction plans. Exotics shall be removed in
accordance with the time frames provided in
3.05.07 H.2. State and Federal agency
requirements for mitigation, remediation and
monitoring for the donated land shall be the
responsibility of the applicant.
+u vii. PUD zoning. Where the off site native vegetation retention
alternative is used for portions of preserves not identified on a
• - _ - _ _ , _ - _ . _• _ •-• . _ -e. Preserves
or portions of preserves identified on a PUD master plan shall
require an amendment to the PUD master plan to use the native
vegetation retention alternative, subject to LDC section 10.02.13
E, unless the option to use the off-site native vegetation retention
alternative is included in the PUD.
viii. Deviations or variances from LDC section 3.05.07 H.1.f. are
prohibited.
g. Preserve management plans. Criteria i, ii, vii and viii below are required
for all preserves whether a management plan for the preserve is required
or not. Preserve Management Plans shall be required for all properties
with 5 acres or more of preserve or where listed species are utilizing the
preserve or where the preserve contains habitat which requires
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management for fire (such as Pine Flatwoods, Palmetto Prairie or Scrub).
The Preserve Management Plan shall identify actions that must be taken
to ensure that the preserved areas will maintain natural diversity and
function as proposed. A Preserve Management Plan shall include the
following elements:
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 10'h day of July, 2018.
so• 1:1100A
04,
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K:-KINZEL, INTERIM CLERK OF COLLIE' •U TY, FLO' . ,
•
By:
Attest as to chairman's Deputy Clerk ND)/ SOLIS, Chairman
signature only.
Approv-• as to form and legality:
Scott A Stone
Assistant County Attorney
04-CMD-01077/1784(6/11/18)
This ordinance .filed with the
gary of S ' et ay of p101
and ocknowledgemerthat
filing re eived this _1:017'-day
of, &O-It
thou ty clerk
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t3 n .w pC
K 1 1
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 13, 2018
Ms. Crystal K. Kinzel, Interim Clerk
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa Cannon
Dear Ms. Kinzel: i
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 18-34, which was filed in this office on July 12, 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.il.us