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9B -GR
Collier County Florida, Code of Ordinances >> PART II - SPECIAL ACTS >> Chapter 250 -
PLANNING >> ARTICLE H. - PLANNING. ZONING AND SUBDIVISION REGULATIONS >> DIVISION
2. - ZONING >>
DIVISION 2. - ZONING
r22n
Sec 250 -51 - General provisions.
Sec. 250 -52. - Establishing district boundaries, adoption of regulations.
Sec. 250 -53. - Amendment.
Sec. 250 -54. -Continuity.
Sec. 250 -55. - Board of zoning appeals — Generally_
Sec. 250 -56. - Same Powem and duties.
Sec 250 -57 - Exercise of Powers.
Sec. 250 -58. - Appeal from decision of administrative official.
Sec. 250 -59. - Staying of work on premises.
Sec. 250 -60. - Revie_w of decisions' precedence- vests of action.
Secs. 250 -61- 250 -70. - Reserved
Sec. 250 -51. - General provisions.
(a) Purposes and districts. For the purpose of guiding and accomplishing coordinated, adjusted and
harmonious development in accordance with existing and future needs, and in order to protect, promote
and improve public health, safety, order, comfort, convenience, appearance and general welfare, the
governing body or bodies of an area or areas described under section 250 -29, in accordance with the
conditions and procedures specified in this act, may enact or amend a zoning ordinance or ordinances.
In such ordinance or ordinances the governing body shall create zoning districts in such number, shape
and size as may be deemed best suited to carry out the purposes of this act. Ordinances need not be
uniform in all geographic areas of the county served by different planning commissions, but the
provisions of zoning ordinances may vary from geographic area to geographic area established under
subsection 250- 33(a).
(1) Special districts or zones may be established in those areas deemed subject to seasonal or
periodic flooding or where necessary for flowage of water during the time of floods, and such
regulations may be applied therein as will minimize danger to life and property.
(b) What may be regulated. Within the establishing zoning districts the governing body or bodies may
regulate and determine:
(1) Height, number of stories, size, location, relocation, erection, construction, reconstruction,
alteration, removal and use of buildings, structures, and signs.
(2) Use of land and water for commerce, industry, residence, agriculture, recreation, forestry,
resource, conservation, and other lawful purposes.
(3) Size of yards, courts and other open spaces.
(4) Percentage of lot that may be occupied.
(5) Density and distribution of population.
(6) Expansion, change or elimination of nonconformities. Notice of elimination of nonconformities
shall be recorded in the official records of the county.
(7) Damage or nuisance producing characteristics such as, but not limited to noise, vibration, glare,
and the handling of gaseous, liquid and solid wastes, including junk and wrecked automobiles and
appliances, and trash.
(c) District regulations, boundaries. Regulations and district boundaries shall be designed to help
accomplish the objectives and purposes set forth in paragraph (a) of this section, and the
comprehensive plan. The regulations shall apply uniformly to each class or kind of use throughout the
zoning districts in which that use is permitted, under the particular ordinance involved.
(Laws of Fla. ch. 67.1246, § 9; Laws of Fla, ch. 69 -964, §§ 1, 2)
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Editors note— Laws of Fla. ch. 69 -964, § 1 amended Laws of Fla. ch. 67 -1246, § 9(a). As the 1969 act made no reference to § 9(a)(1),
the same has been retained. The title of the 1969 act does not indicate that there was an intent to delete § 9(a)(1).
Sec. 250 -52. - Establishing district boundaries; adoption of regulations.
(a) Tentative report by planning commission. Tentative recommendations as to the boundaries of districts
and the regulations to be enforced therein may be prepared-by a planning commission for its planning
area on its own initiative, or at the request of the governing body. The commission may hold preliminary
hearings and conferences at such times and places and upon such notice as it may determine to be
necessary to inform itself in the preparation of the tentative report. The tentative report, which shall
include the proposed zoning ordinance with maps and other explanatory material, shall be made to the
governing body by the planning commission. A recommendation shall only be made when approved by a
vote equal in number to a majority of the full membership of the commission.
(b) Action on tentative report. The governing body or bodies of the area shall consider the tentative report of
the planning commission and shall return it, with any suggestions and recommendations, to the planning
commission so that the planning commission may prepare a final report.
(c) Final report and action. A final report on the zoning regulations shall be made to the governing body after
the planning commission has considered the suggestions and recommendations of that body, and after
a public hearing with due public notice. After the final report has been submitted by the planning
commission, the governing body shall afford all interested persons an opportunity to be heard with
reference to it at a public hearing or hearings, with due public notice, and shall act upon the proposed
zoning regulations. No ordinance under the authority of this division shall be passed until after the final
report of the planning commission has been received by the governing body or bodies.
(Laws of Fla. ch. 67 -1246, § 10)
Sec. 250 -53. - Amendment.
(a) The governing body may from time to time amend or supplement the regulations and districts fixed by
any zoning ordinance adopted pursuant to this Act. Proposed changes may be suggested by the
governing body, by the planning commission, by the hearing examiner, or by petition of the owners of 50
percent or more of the area involved in the proposed change. In the latter case, the petitioner or
petitioners may be required to assume the cost of public notice and other costs incidental to the
hearings.
(b) The planning commission, regardless of the source of the proposal for change, shall hold a public
hearing or hearings thereon, with due public notice, and submit its recommendation on the proposed
change to the governing body, except that the county planning commission may only render
recommendations for those proposed changes which pertain to the county and which would change the
actual list of permitted, conditional, or prohibited uses within a zoning category, or otherwise would alter
or amend provisions of the county's codified land development regulations. The governing body shall
hold a public hearing or hearings thereon, and shall act on the recommendation. No change in the
zoning ordinance shall become effective except by an affirmative vote of four -fifths of the full
membership of the governing body.
(Laws of Fla. ch. 67.1246, § 11; Laws of Fla. ch. 2001 -344, § 1)
Sec. 250 -54. - Continuity.
In the event any unincorporated territory within Collier County shall hereafter become incorporated, to
insure that there shall be no lapse of zoning, any and all zoning regulations which may be in effect in such
territory and administered by the county shall remain in full force and effect and shall continue to be
administered and enforced by the county under this zoning law until such time as municipal zoning within such
territory shall be adopted and take effect.
(Laws of Fla. ch. 67 -1246, § 12)
Sec. 250 -55. - Board of zoning appeals — Generally.
(a) Establishment and composition. The governing body may appoint a board or boards of zoning appeals
for its planning area or areas, or may act as such board or boards of zoning appeals itself. Boards of
zoning appeals shall have not less than five nor more than ten members. Not more than two members of
a board of zoning appeals may be members of a planning commission.
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t 9B -Ci�t
(b) Tenure, organization. Unless the governing body acts as a board of zoning appeals, then terms of office,
removal from office; vacancies, shall be treated as follows:
(1) Terms of office of members of the board of zoning appeals shall be for not less than two nor more
than four years, and not more than a minority of such members' terms shall expire in any one
year.
(2) Any member of a board of zoning appeals may be removed from office for just cause by four -fifths
vote of the full membership of the appointing governing body, but such member shall be entitled
to a public hearing if he so requests in writing within 30 days of the date upon which the vote is
taken.
(3) Wherever a vacancy occurs on a board of zoning appeals which reduces the membership of the
board of zoning appeals below five, the governing body shall fill such vacancy for the remainder
of the term, within 30 days after the vacancy occurs. No meetings of a board of zoning appeals
shall be held when the membership is less than five.
(c) Officers, rules of procedure, employees and expenses. Boards of zoning appeals shall elect a chairman
and vice - chairman from among the members, and may create and fill such other officers as are
determined to be necessary. Terms of all offices shall be for one year, with eligibility for reelection.
(1) Boards of zoning appeals shall adopt rules for the transaction of business, and shall keep a
record of resolutions, transactions, findings, and determinations. Boards of zoning appeals may
provide for transcription of such hearings and proceedings, or portion of hearings and
proceedings, as may be deemed necessary. All such records shall be public records.
(2) Boards of zoning appeals may, subject to the approval of the governing body concerned and
within the financial limitations set by appropriations made or other funds available, employ such
experts, technicians and staff as may be deemed proper, pay their salaries and make such other
expenditures as are necessary to conduct the work of the board of zoning appeals and effectuate
its purposes.
(3) Members of boards of zoning appeals may receive such travel and other expenses while on
official business for the board as are made available by the governing body for these purposes.
(d) Appropriations, fees and other income. The governing body for the area under the jurisdiction of a board
of zoning appeals is hereby authorized and empowered to make such appropriations as it may see fit for
the conduct of the work of the board of zoning appeals. The governing body is authorized and
empowered to establish a schedule of fees, charges and expenses, and a collection procedure therefor.
(Laws of Fla. ch. 67 -1246, § 13)
Code reference — Boards, commissions, committees and councils, § 2 -816 at seq.
Land development code reference —Board of zoning appeals, § 250-55.
Sec. 250 -56. - Same — Powers and duties.
(a) Boards of zoning appeals or the governing body acting as a board of zoning appeals in the event it so
elects, shall have the following powers and duties:
(1) To hear and decide administrative appeals where it is alleged there is error in any order,
requirement, decision, interpretation or determination made by an administrative official in the
enforcement of any zoning ordinance or regulation adopted pursuant to this Act.
(b) No administrative appeal shall be considered by a board of zoning appeals or the governing body acting
as a board of zoning appeals except after public hearing with due public notice.
(Laws of Fla. ch. 67.1246, § 14; Laws of Fla. ch. 2001 -344, § 1)
Sec. 250 -57. - Exercise of powers.
In exercising its powers, boards of zoning appeals or the governing body may, in conformity with the
provisions of this Act and the zoning ordinance, reverse or affirm, wholly or partly, or may modify the
administrative order, requirement, decision or determination made by an administrative official in the
enforcement of any zoning ordinance or regulation adopted pursuant to this Act, and appealed from, and may
make such administrative order, requirement, decision or determination as ought to be made, and to that end
shall have all the powers of the officer from whom the administrative appeal is taken.
(Laws of Fla. ch. 67 -1246, § 15; Laws of Fla. ch. 2001.344, § 1)
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Sec. 250 -58. -Appeal from decision of administrative official.
(a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any
person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the
area affected by the administrative decision, determination or requirement made by the administrative
official. Such appeals shall be taken within 30 days by filing with the administrative official a written
notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all
papers, documents, and maps constituting the record of the administrative action from which an appeal
is taken.
(b) Due public notice of the hearing on the administrative appeal shall be given.
(c) Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the
appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed
affirmed.
(Laws of Fla. ch. 67 -1246, § 16; Laws of Fla. ch. 2001.344, § 1)
Sec. 250 -59. - Staying of work on premises.
When an appeal from the decision of any administrative official has been filed with the administrative
official, all proceedings and work on the premises concerning which the decision was made shall be stayed
unless the official from whom the appeal was taken shall certify to the board of zoning appeals that by reason
of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings,
or work shall not be stayed except by a restraining order which may be granted by the board of zoning appeals,
or by a court of record.
(Laws of Fla. ch. 67 -1246, § 17)
Sec. 250 -60. - Review of decisions; precedence; costs of action.
(a) Review of decisions of boards of zoning appeals is exclusively by the circuit court of Collier County. Any
person or persons, jointly or severally, aggrieved by any decision of a board of zoning appeals, or any
taxpayer, or any officer; department, board or bureau of the governing body, may present to the Circuit
Court of Collier County a petition, duly verified, setting forth that such decision is illegal, in whole or in
part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30
days after the decision of the board of zoning appeals.
(b) Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of
zoning appeals to review such decision of the board of zoning appeals and shall prescribe therein the
time within which a return thereto must be made and served upon relator's attorney, which shall not be
less than ten days and may be extended by the court. The allowance of the writ shall not stay
proceedings upon the decision appealed from, but the court may, on application, on notice to the board,
and on due cause shown, grant a restraining order.
(c) The board of zoning appeals shall not be required to return the original papers acted upon by it, but it
shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called
for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to
show the grounds of the decision appealed from and shall be verified.
(d) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of
the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report
the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the
proceedings upon which the determination of the court shall be made. The court may reverse or affirm,
wholly or partly, or may modify the decision brought up for review.
(e) All issues in any proceedings under this section shall have preference over all other civil actions and
proceedings.
(f) Costs shall be allowed to the petitioner only if it shall appear to the court that the board acted with gross
negligence, or in bad faith, or with malice in making the decision appealed from.
(Laws of Fla. ch. 67 -1246, § 18)
Secs. 250 -61- 250 -70. - Reserved.
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FOOTNOTE(S):
(222) Land development code reference — Zoning, art. 2. Back
Page 5 of 5
9 B -OC
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Jump To: Bill Tex Amendments (0) Staff Analysis ( VoteLHilstory Citations
.Previous House Bill Next House Bill ►
House 1859: Relating to Collier Co. /Governmental Powers
H1859 LOCAL BILL by Goodlette (Similar 52376)
Collier Co. /Governmental Powers; amends scope of act to authorize county
hearing examiner program; amends definitions; amends functions, powers,
& duties of planning commissions; amends provisions re supplementing &
amending zoning ordinance; amends powers & duties of board of zoning
appeals; amends provisions re appeal from decision of administrative
official; provides procedure for establishing county hearing examiner
program; provides for severabil.i.ty. EFFECTIVE DATE: 05/25/2001.
04/03/01 HOUSE Filed; Introduced, referred to Local Government &
Veterans
Affairs (SGC) -HJ 00451
04/17/01 HOUSE On Committee agenda -- Local Government & Veterans
Affairs
(SGC), 04/19/01, 1:00 pm, Reed Hall
04/19/01 HOUSE Favorable by- Local Government & Veterans Affairs (SGC);
YEAS 8 NAYS 0 -HJ 00,551
04/20/01 HOUSE Placed on Calendar, on second reading -HJ 00551
04/24/01 HOUSE Placed on Local Calendar; Read second and third times
-HJ 00629; Passed; YEAS 116 NAYS 0 -HJ 00629
04/24/01 SENATE In Messages
04/30/01 SENATE Received, referred to Rules and Calendar -SJ 00658
05/02/01 SENATE Withdrawn from Rules and Calendar; Placed on Local
Calendar
-SJ 00952; Read second and third times -SJ 00928;
Passed;
YEAS 40 NAYS 0 -Si 00928
05/02/01. HOUSE Ordered enrolled -H,i 01829
05/1.4/01 Signed by Officers and presented to Governor
05/25/01 Approved by Governor; Chapter No. 2001 -344
Bills
Version: Posted: Format:
H 1859 04/04/2001 Web Page PDF
H 1859ER 05/10/2001 Web Page PDF
Amendments
NO AMENDMENTS AVAILABLE
Bill Analyses
Analysis:
Sponsor
Format:
h 1859
Local Government & Veterans Affairs
PDF
h 1859a
Local Government & Veterans Affairs
PDF
h 1859z
Local Government & Veterans Affairs
PDF
'�
Vote History
Chamber: Roll Call: Date: Format:
SENATE, 0112 05/02/01 Web Page
Citations - Statute
NO STATUTE CITATIONS FOUND FOR HOUSE HILL 1859.
Citations - Constitution
NO CONSTITUTION CITATIONS FOUND FOR HOUSE BILL 1859.
CHAPTER 2001 -344
House Bill No. 1859
An act relating to Collier County; amending ch. 67 -1246, Laws of
Florida; amending the scope of the act to authorize a county hearing
examiner program; amending definitions; amending the functions,
powers, and duties of the planning commissions; amending provi-
sions relating to supplementing and amending the zoning ordinance;
amending the powers and duties of the board of zoning appeals;
amending provisions relating to appeal from a decision of an admin-
istrative official; providing the procedure for establishing a county
hearing examiner program; providing for severability; providing an
effective date.
Be It Enacted by the Legislature of the State of Florida
Section 1. Sections 1, 3, 6, 11, 14, 15, and 16 of chapter 67 -1246, Laws
of Florida, are amended, and section 31 is added to said chapter, to read:
Section 1. Scope of act. All municipalities lying within the county of
Collier, state of Florida, and the county of Collier, of the state of Florida, may
plan, may zone, may regulate subdivisions and may establish and maintain
the boards, hearing examiners, and commissions described herein for carry-
ing out the purposes of this act. The powers delegated by this act may be
employed by municipalities or the county individually, or, by mutual agree-
ment, in such combinations as common interest dictate.
Section 3. Definitions. As used in this act, the following words or
phrases have the meaning indicated below:
Area: The complete area qualifying under the provisions of this act,
whether this be all of the lands lying within the limits of a municipality,
lands in and adjacent to municipalities, all unincorporated lands within
Collier county, the portions of such unincorporated areas as may qualify
under the provisions of this act, or areas comprising combinations of the
lands in municipalities and Collier county.
Due public notice: As used in the phrase "public hearing or hearings with
due public notice" involves the following requirements: Unless otherwise
public notice requires that at least fifteen (15) days notice of the time and
place of such hearings shall be published one (1) time in a newspaper of
general circulation in the area. The notice shall state the time and place of
the hearing, the nature of the matter to be discussed and that written
comments filed with an appropriate designated official will be heard.
Governing body: The municipal commission or council, county commis-
sion, or any other chief local governing unit, however designated, for the
political jurisdiction affected.
CODING: Words striekew are deletions; words underlined are additions.
x`96 -GR
Ch. 2001 -344 LAWS OF FLORIDA Ch. 2001 -344
Nonconformity: A lot, structure, or use of land, or any combination
thereof, which is not in compliance with a zoning ordinance, but which was
lawfully created or begun prior to adoption of the zoning ordinance provi-
sions with which it does not comply.
'7 Ordinance: When used in relation to Collier county or the board of county
commissioners shall mean a resolution of the board of county commission-
ers, or shall mean such other appropriate official action as is customarily
taken by the governing body involved, regardless of how such official action
is regularly called.
Plat: Includes map, plan or replat, and is a pictorial representation of a
subdivision.
Subdivision: The division of a parcel of land into two (2) or more lots or
parcels of land, for the purpose, whether immediate or future, of transfer of
ownership, a map or plat of which is recorded in the public records of the
county, and intended for use as residential, multi- family, commercial or
industrial properties. The term includes a resubdivision and, when appro-
priate to the context, shall relate to the process of subdividing or to the land
subdivided.
Street: The primary means of access, whether public or private, to a lot
or parcel of land.
Special exception: As used in connection with the provisions of this act
dealing with zoning, a special exception is a use that would not be appropri-
ate generally or without restriction throughout the particular zoning district
or classification but which, if controlled as to number, area, location or
relation to the neighborhood, would promote the public safety, health, com-
fort, good order, appearance, convenience, prosperity, morals and the gen-
eral welfare. Such uses may be permitted in such zoning district or classifi-
cation as special exceptions, if specific provision for such special exceptions
is made in the zoning ordinance.
The singular usage includes the plural and the plural the singular.
Section 6. Functions, powers and duties of the planning commissions.
The functions, powers and duties of planning commission shall be, in gen-
eral:
(a) To acquire and maintain in current form such basic information and
materials as are necessary to an understanding of past trends, present
conditions, and forces at work to cause changes in these conditions. Such
basic information and materials may include maps and photographs of man
made or natural physical features of the area concerned, statistics on past
trends and present conditions with respect to population, property values,
economic base, land use and such other information as is important or likely
to be important in determining the amount, direction and kind of develop-
ment to be expected in the area and its various parts.
(b) To prepare, and from time to time recommend amendment and revi-
sions to, a comprehensive and coordinated general plan for meeting present
requirements and such future requirements as may be foreseen.
CODING: Words AtFie#en are deletions; words underlined are additions.
Ch. 2001 -344 LAWS OF FLORIDA Ch. 2001 -344
(c) To prepare and recommend principles and policies for guiding the
development of the area.
(d) To prepare and recommend ordinances designed to promote orderly
development along the lines indicated by official principles and policies and
the comprehensive plan.
Lejtl} To keep the governing body and the general public informed and
advised on matters relating to planning.
Jf {g; To conduct such public hearings as maybe required to gather infor-
mation necessary for the drafting, establishment and maintenance of the
various components of the comprehensive plan, and such additional public
hearings as are specified under the provisions of this act or may be required
by ordinance.
jg)04 In addition, a planning commission may make, cause to be made,
or obtain special studies on the location, condition and adequacy of specific
facilities of the area. These may include, but are not limited to, studies on
housing, commercial and industrial facilities, parks, playgrounds, beaches
and other recreational facilities, schools, public buildings, public and private
utilities, traffic, transportation and parking.
lhhjl# To perform any other duties which may be lawfully assigned to it.
Section 11. Supplementing and amending the zoning ordinance. The gov-
erning body may from time to time amend or supplement the regulations
and districts fixed by any zoning ordinance adopted pursuant to this act.
Proposed changes may be suggested by the governing body, by the planning
commissioner the hearing examiner, or by petition of the owners of fifty
per cent (50 %) or more of the area involved in the proposed change. In the
latter case, the petitioner or petitioners may be required to assume the cost
of public notice and other costs incidental to the hearings.
The planning commission, regardless of the source of the proposal for
change, shall hold a public hearing or hearings thereon, with due public
notice, and submit its recommendation on the proposed change to the gov-
erning body, except that the county planning commission may only render
body shall may hold a public hearing or hearings thereon, and shall act on
the recommendation. No change in the zoning ordinance shall become effec-
tive except by an affirmative vote of four fifths (4 4s's) of the full membership
of the governing body.
Section 14. Board of zoning appeals; powers and duties; boards of zoning
appeals or eu the governing body acting as a board of zoning appeals in the
event it so elects, shall have the following powers and duties.
CODING: Words str-ieken are deletions; words underlined are additions.
r 9B -Gfl�
Ch. 2001 -344 LAWS OF FLORIDA Ch. 2001 -344
(a) To hear and decide administrative appeals where it is alleged there
is error in any order, requirement, decision, interpretation or determination
made by an administrative official in the enforcement of any zoning ordi-
nance or regulation adopted pursuant to this act.
IMP IMF MIMP.1,010
No administrative appeal aariawee shall be considered aathoriaed by a
board of zoning appeals or the governing body acting as a board of zoning
appeals except after public hearing with due public notice.
Section 15. Exercise of powers. In exercising its powers, boards of zoning
appeals or the governing body may, in conformity with the provisions of this
act and the zoning ordinance, reverse or affirm, wholly or partly, or may
modify the administrative order, requirement, decision or determination
made by an administrative official in the enforcement of any zoning ordi-
nance or regulation adopted pursuant to this act, and appealed from, and
may make such administrative order, requirement, decision or determina-
tion as ought to be made, and to that end shall have all the powers of the
officer from whom the administrative appeal is taken.
CODING: Words stficken are deletions; words underlined are additions.
i 9 B r'C
Ch. 2001 -344 LAWS OF FLORIDA Ch. 2001 -344
Section 16. Appeal from decision of administrative official. Appeals to a
board of zoning appeals or the governing body, as the case may be, may be
taken by any person aggrieved or by any officer, department, board, or
bureau of the governing body or bodies in the area affected by the adminis-
trative decision, determination or requirement made by the administrative
official. Such appeals shall be taken within thirty (30) days by filing with
the administrative official a written notice specifying the grounds thereof.
The administrative official shall forthwith transmit to the board all papers,
documents, and maps constituting the record of the administrative action
from which an appeal is taken.
Due public notice of the hearing on the administrative appeal shall be
given.
Upon the hearing, any party may appear in person or by attorney. A
decision shall be reached by the appellate body within thirty (30) days of the
hearing; otherwise, the action appealed from shall be deemed affirmed.
Section 31 The method and procedures for implementing a county hear-
ing examiner program shall be as set forth by county ordinance.
Section 3. This act shall take effect upon becoming a law.
Approved by the Governor May 25, 2001.
Filed in Office Secretary of State May 25, 2001.
CODING: Words sE004@n are deletions; words underlined are additions.
g8 -c
The Collier County
Rural Lands Stewardship Overlay
Presented to:
Collier County Board of County Commissioners
November 9, 2010
Presented by
Alan Reynolds, AICP
On behalf of
Eastern Collier Property Owners
Future Land Use
1999 t,'
• Private land zoned Rural-Ag
I I
• No effective strategy to protect
natural resources/agriculture or
,
prevent sprawl. � °°
• No cooperative relationship
between property owners,
government agencies and
�.�
environmental organizations.
i
• Tools to protect important natural ,;=s
resources are regulation, litigation
and public funded acquisition.
1
FLORIDA 2060:
A POPULATION DISTRIBUTION SCENARIO
A Research Project Prepared for 1000Fnends of Florida by the GeoPlan Center Florida 2060—
at the University of Florda
Derr be,2006
GeoPlan Center-
University of Florida
e
,
1
Publi
Land
16,00
) 4'" * Agricultural/
Natural Lands
4111.0 ' ,x• r 44,000
I Developed
+� � Lands
* I _DEVELOPED LANDS
135,000
PUBLIC LANDS
TURF I NATURAL LANDS
N41ni Wi1es<a ` RURAL LAND STENWRDSNIP
AREA BOUNDARY
ACSC BOUNDARY
Twarx' '� GOLDEN GATE ESTATES Not a pretty picture!
LANES
N ROADS
RLSA Ownership Map "
.ilk'
The distribution of owners(10 or more acres)
1,000 acres or more 15 owners _ 29A }
100-999 acres 38 owners 0
40-99 acres 29 owners =
10-39 acres 44 owners
A.
Subtotal 126 owners
Total acres represented:170,034 acres
of private ownership represented:99
Average ownership size: 1,349 acres
.4 r• a
—.
RLSA
0.. ,`. ...... .. RLSA .� -
i i— ' 2010 Ownership
2
98- cR
THE RLSA PROGRAM
The Overlay was created through a collaborative community
based planning process involving county residents,area
property owners,and representatives of community and
governmental organizations under the direction of a citizen
oversight committee."(GMP Policy 1.1)
A collaborative multi-year planning process created an
innovative and incentive-based program that became the
first Rural Land Stewardship Program in Florida.
Approval of the RLSA resolved many contentious issues
and set the stage for a new era of cooperation.
RLSA program has received numerous awards and
exceeded expectations in terms of owner participation,
natural resource protection and creation of sustainable
.� development.
RLSA GOAL
"Collier County seeks to address the long-term needs of
residents and property owners within the lmmokalee Area Study
boundary of the Collier County Rural and Agricultural Area
Assessment. Collier County's goal is to protect agricultural
activities, to prevent the premature conversion of agricultural
land to non-agricultural uses, to direct incompatible uses away
from wetlands and upland habitat, to enable the conversion of
rural land to other uses in appropriate locations, to discourage
urban sprawl,and to encourage development that utilizes
creative land use planning techniques."(GMP Goal)
• Needs of residents/property owners are paramount.
-- • The RLSA balances environmental protection, agriculture
and development.
• Conversion of land to other uses is"enabled"and
development that uses creative planning techniques is
"encouraged".
3
98-c
RLSA OBJECTIVE
"Collier County's objective is to create an incentive based land
use overlay system,herein referred to as the Collier County
Rural Lands Stewardship Area Overlay....."(Objective),
"Stewardship Credits will be exchanged for additional
residential or non-residential entitlements in a SRA on a per
acre basis, ....Stewardship density and intensity will thereafter
differ from the Baseline Standards. The assignment or use of
Stewardship Credits shall not require a GMP Amendment."
(GMP Policy 1.14)
• Incentives are the foundation of the RLSA.
• RLSA Overlay established the permitted land uses.
• The implementation process does not require GMP
amendments.
RLSA OVERLAY
"The Overlay protects natural resources and retains viable
agriculture by promoting compact rural mixed-use development as
an alternative to low-density single use development,and provides a
system of compensation to private property owners for the
elimination of certain land uses in order to protect natural resources
and viable agriculture in exchange for transferable credits that can
be used to entitle such compact development."...The Overlay
includes innovative and incentive based tools, techniques and
strategies that are not dependent on a regulatory approach(GMP
Policy 1.2)
• Mixed-use development is"promoted"as a better
alternative than sprawl.
Ate
•A Credit is"compensation"to an owner for the voluntary
elimination of development rights.
tf • Credits"entitle"development.
•"Innovative and incentive based"-not a regulatory
program.
4
) B
RLSA - EQUITY
there shall be no change to the underlying density and
intensity of permitted uses of land within the RLSA, ...
unless and until a property owner elects to utilize the
provisions of the Stewardship Credit System. It is the intent
of the Overlay that a property owner will be compensated for
the voluntary stewardship and protection of important
agricultural and natural resources......{GMP Policy 1 4)
• Unlike other property owners in Collier County-
RLSA property owners cannot use the county's
rezoning process to change density or intensity.
• Owners must instead utilize the Stewardship Credit
system and Designation process.
• Intent-"a property owner will be compensated for
voluntary stewardship".
STEWARDSHIP CREDITS
•A Credit is granted by the County to a property
owner as compensation for the voluntary elimination
of development rights on land designated as a SSA.
•The owner of a Credit can transfer it to property they
own or sell it to a third party.
• A Credit is applied to land designated as a SRA to
entitle mixed-use development.
• The market value of a Credit(the owner's
compensation) is solely based on the ability to use
Credits to entitle a SRA under an objective, reliable,
and predictable process.
• The rezoning process is not an objective, reliable or
predictable process, and is not available to RLSA
owners for changes in density or intensity.
ismemmoriner
5
RLSA vs. Rural Fringe TDR
The RLSA encompasses 195,000 acres in the
northeastern corner of the County.
Collier County also has a TDR program that
applies to a different area of Collier County called
the Rural Fringe.
There is no overlap,the two programs are entirely
different and mutually exclusive.
Stewardship Credits and Rural Fringe TDRs are
not equivalent and cannot be interchanged.
TDR provisions shall not be applicable to the transfer
of development rights within the RLSA District"(LDC
2.03.07D.4.a.)
STEWARDSHIP—PROTECTION BEFORE
DEVELOPMENT
The incentive based Stewardship Credit system relies on the
projected demand for Credits as the primary basis for
permanent protection of flowways,habitats and water
retention areas. The County recognizes that there may be a
lack of significant demand for Credits in the early years of
implementation,and also recognizes that a public benefit
would be realized by the early designation of SSAs."(GMP
Policy ?.2?)
• 55,700 acres of SSAs have been designated.
• 137,600 Credits have been earned.
• More than 108,000 Credits are currently held by SSA
property owners for future use.
• RLSA property owners have acted in reliance on the
program and protected an extraordinary amount of
land before there was a market for the Credits.
• All County Citizens have benefited.
6
93C
SSA and SRA PROCEDURES
The procedures for the establishment and transfer of Credits
and SRA designation are set forth herein and will also be
adopted as a part of a Stewardship District in the LDC."(GMF
Policy 1.13)
To make the SSA and SRA designation process
objective, reliable, and predictable, Collier County:
• Used data and analysis to predetermine which
lands are eligible to be designated as SSA and SRA.
• Adopted a Zoning Overlay over the entire RLSA.
• Established procedures in the LDC under a
specific Chapter that only applies to the RLSA.
•Established specific land use requirements and
standards for SRAs.
• County rezoning procedures do not apply to the
designation of SSAs or SRAs.
RLSA ZONING Rural Lands Stewardship Area(RLSA)Zoning Overlay District
OVERLAY R 28 E R 29 F R 30 E
;>
This Zoning Overlay was • % -
adopted specifically so the - ® F c-a
implementation of the RLSA , '/ii.-`
program could be •
accomplished without �, .,;
requiring a subsequent � i %?%
rezoning process to designate /:///
//' i � /-
a SSA or SRA. � j
Approval of the zoning overlay
r„,/
by the BCC was a change toj� ;
the"Zoning Ordinance". 44/
The Zoning in the RLSA is j /
"A-RLSAO".
i
fl 28 E R 29 E R 70 F
Imp:'hbma.murucode_cam,print acp,clIemlP-11.02,4nm91Requc=r-h0ys;ac4%5l1bmy.mmmiand... 1 1X52010
7
9 B -C121
SSA DESIGNATION
"Land becomes designated as a SSA upon petition by the
property owner seeking such designation and the adoption of a
resolution by the Collier County Board of County Commissioners
(BCC), which acknowledges the property owner's request for
such designation and assigns Stewardship Credits or other
compensation to the owner for such designation. "(Policy 1.6)
• 16 SSAs have been designated by the voluntary actions
of property owners and approval of the BCC.
• 55,700 acres of private land have been protected,
including the majority of the Camp Keais Strand and much
of the Okaloacoochie Slough.
I s
• The approval of each SSA was by resolution of the BCC
based on meeting specific and objective criteria .
The Resolution approving and designating
SSA RESOLUTION SSA 12 for Sunniland Family Limited
Partnership was adopted on February 9,
2010. 4,793.5 acres were protected.
RESOLUTION 2019 A.. •. •°. ,.•._<.
•:e W a as ttsL we es Mena a en Esnnne.Ago
A Rea9Wtben ot the Collier County good Snow a Chewy SSA td Staawdeyr Senors Orna
y paw�rlr•41, $ot$o 1.100 SSA 13 et ern Sewx.;
at County Gamaassinnees designating r 0 Mme3 Arenwnf b Srrenane hPy SSA I.
-CMS Actor to the Neon Mania
SNwatdatdp Area toeing One.,OMlrtrt his Stied tan,torabb*oo ani1 a.Nan✓wa s*oO0,me 04$
as a Stewafdentp Sanding An. rata a In,>440114i atf.efr ta/ged and Cagy on and se area tQ ry*.
deeigaendo as"Sunnrlar4 Family SSA 13" Snwarebtep OWNS 10 De eeneMfW ao es peas ends s'It tw.4
po sw0t to Mt toomo en forth Lr the .d the(iadf A70 's/0114,74.11114411.as Eafeas
EsCt(!w Agreet0000 Stewardship$elldenp tM Sew.4441I0 A14411 as 0040 aMMPMIAO*N}4.14444/,
Aeaa Credit Agoetwrd for Shnwta4W
PamWy SSA t2,end Stowardshtp Easement SreaedMiR'+Easamtae to the Ara"
Agnrenent rya Sunrtthead Ferrety SSA 12', 11 r*''*
ddpreiong a Siew.rdstap Send.p *4*8 eI 40 tt•Sea n f aa:LAW dAAVnm:' ..
Credo Agreement for $nndana Family Swrsrhra Sesseg Area es Cwaer
SSA 12 apparrng a Stewardship a4sne'wa a'tr e.o•a•n 4,dw:weeny w
La®t+ent A9RrinwN tw lonmtarat rArne.wsw eoelaaCaN Lwn*usd rs aw 5.:
amaty SSA 12: 4114tlr08474 40 CSC/aw C,. a S0*04 r0 Swvay Nw Chen —
Agoroetent fur Stnnitand Family SSA ta:
bAd esthhhhA ng the nuattwt of
Ytewardshlp Credits geminated by the
ittf31ESRUyDN ADOPTED tn ? dy y Y ?aq rtesignntin qt ard M Sandals
awYYWC0I1.1101 tore MN
wedeln&S77ror+fto d'wn+r reran.naneatfh a/ewer trees NGNNID 9F C<'JIMTY G�:aeASStGWtK::
C:Jt.Iti;R COtwrY fICMf W^0M0M.y Dee w 1as d0e taNeOn zsw3000 04syem off
naew a.04P0.ass•n*eaed.raw.w 6sa4e04 04 Mme Rua tea.
'itu+w�o Aee T.an.yA r*00*a...I SA r4.48 i k0Mta n a 0%4 7 OAK.,t 0.4400 K •
�ruy1 f r.aa tied
te
vy rtFACtmE rr *Now proa.ewfersad doaap
wwwd.raSorel,A.. 41,414 r.r�aa*A 4.11 301,1 14.46.1r4 m 1 a
an a a E
a(A 4.4Pe aMr Leerstien .Cola 1€4:4,0'0 e'0 t�wae M1*
e N At`ewwrt Lea d w,ar STA 17 1114.047-30141 Awe.. 11/ny+n Are
,aN+g N0 e40.11 ayar.eraunE**+ee
aynr...ert 0'13 .xa.0t1,w¢.y
TMth HW Awrn C.u+.Ash 17'13-aee,
1 yet the;4a✓.L*.e 40.11
8
B --(,,P .
_.,.: _,
..
..
SRA DESIGNATION
•
"Land becomes designated as an SRA upon the adoption of a
resolution by the Collier County Board of County Commissioners
(BCC)approving the petition by the property owner seeking such
designation.Any change in the residential density or non-
residential intensity of land use on a parcel of land located within
a SRA shall be specified in the resolution reflecting the total
number of transferable Credits assigned to the parcel of land.'"
(Policy 1.15)
• • One SRA is approved to date,the Town of Ave Maria.
• 28,658.4 Credits generated from several different SSAs
were assigned to obtain the entitlement.
• 11,000 residential units and approximately 1.26 mm s.f.
of non-residential use were approved.
• • ,.•
NOW,THEREFORE,bed resolved by the Board of County Commissioners of
Collier County,Florida(the'Board'),that
SRARESOLUTION I. The Board hereby approves and designates as the Town of Ave Maria
SRA the five thousand and twenty-seven(5,027)acres described in the
legal description attached as Exhibit A.
2. The Board hereby approves the Stewardship Receiving Area Credit
Agreement,a copy of which is attached hereto as Exhibit"B,"requiring
Applicant to transfer and assign a total of twenty eight thousand six
hundred and fifty-eight and four-tenths(28,658.4)Stewardship Credits to
Collier County.
The Resolution
3. The Stewardship Receiving Area Credit Agreement itself has attached
approving and thereto as exhibits a Master Plan and Land Use Summary which identify
the number of units,gross leaseable square footage of retail and office
designating the SRA for uses,and the other land uses depicted on the Ave Maria Master Plan,all
of which are likewise hereby approved along with the balance of the
the Town of Ave Maria materials otherwise included as part of the Application which is attached
as Exhibit"C,"and incorporated by reference and is now approved.
was adopted on June 14,
4. The Board's requested amendments pertaining to a site for expanded
2005. primary care medical facilities and a minimum of 50,000 sq. ft. of
Business Park uses are found on Pages 5A and 77,respectively,of the
Town Plan,which is Tab 6 of Exhibit"C."
THIS RESOLUTION ADOPTED this 14ei day of June,2005,after a Motion,
seconded,and majority vote favoring same.
BOARD OF COUNTY COMMISSIONERS
COWER COUNTY,FLORIDA
ATTt83'y f3rTE?r'f;OCK J
.� 7%uacfr-
Py 'flail s a.' '" he By: W.
u -"'` , puty Clerk FRED W.COYLE n
ataaatee k:ki."'.;:07
dr%�i11
Approved ea am9Yt d
BY P�sufficie y G.;
.White 1
Assistant County Attorney
G:leeUnooBR.5e55,SRA WAR,MerrNSRA Reeot4nn 4-19-0S.,foc
9
98 -
RLSA 2025 Vision
SSA acres 92,000
Estimated Credits 315,000
RLSA OVERLAY SRA acres 43,300
r 4 , -, Baseline/Agriculture 43,800
Public lands/misc 16,000
Total acreage 195,100
Baseline/Agriculture
i I
43,800
,, .. ry �Fz SSA
ESfAiES 3 92,000
SRA
43,300
...x.. 16,000
Public Land& Misc.
IN CONCLUSION
• The RLSA is an innovative/incentive based program.
• Participation is at the option of a property owner.
• Owner receives Credits for voluntarily giving up
development rights and permanently protecting important
natural resources in SSA.
• Owner participation has exceeded expectations and
resource protection has outpaced demand for Credits.
• Value is tied to the right to use Stewardship Credits to
entitle a SRA.
• Process for designating both a SSA and SRA is objective
and reliable-and unique to the RLSA.
• RLSA Zoning is already in place—designating a SSA or
SRA does not involve a change to the Zoning Ordinance
• The traditional Collier County rezoning process to change
density or intensity is not available to owners in the RLSA.
10
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