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Ordinance 2020-002 ORDINANCE NO. 20 — 02 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; TO CLARIFY THAT THE MINIMUM FLOOR AREA FOR COMMERCIAL USES, MIXED-USES AND APARTMENTS IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA DOES NOT APPLY TO GUEST ROOMS IN HOTELS; 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 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA; 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WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997,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 an advertised public hearing on November 21, 2019, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and [19-LDS-00083/151 1002/1]11 rev. 11/27/19 PL20190002265 Page 1 of 7 Words struck through are deleted,words underlined are added WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on January 14, 2020, 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 [I9-LDS-00083/1511002/1111 rev. 11/27/19 PL20190002265 Page 2 of 7 Words struck through are deleted,words underlined are added 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 shall be consistent with such comprehensive plan or element as adopted. 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, [19-LDS-00083/1511002/1111 rev. 11/27/19 PL20190002265 Page 3 of 7 Words struck through are deleted, words underlined are added 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 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area A. Dimensional and Design Standards for the BMUD. 1. Neighborhood Commercial Subdistrict (BMUD-NC). a. Specific District Provisions: Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 1. Dimensional Requirements in the BMUD-NC House 1 Rowhouse 2 Apartment Mixed-Use Commercial Civic & Institutional Min. Lot Width (ft) 50 25 3 100 100 100 5 100 Min. Front Yard (ft) 10 10 10 5 5 10 Max. Front Yard (ft) 20 15 20 20 20 20 Min. Side Yard (ft) 5 5 5 5 5 10 Min. Rear Yard (ft) 15 15 20 20 20 20 Waterfront Yard (ft) 25 25 25 25 25 25 Min. Floor Area (sq ft) 700 700 700 700 700 n/a per units per units per unit [19-LDS-00083/1511002/1111 rev. 11/27/19 PL20190002265 Page 4 of 7 Wordstr- el-t feugh are deleted, words underlined are added Min. Building n/a n/a 10 10 10 10 Separation Max. Building Height 42 42 42 56 56 42 (ft) 4 Notes: 1 See 4.02.16.A.7 regarding Duplexes. 2 See 4.02.16.A.7 regarding Two-Family Dwellings. 3Applies to individual unit. 4 Zoned Height of Building. 'Property zoned C-3 shall have a minimum lot width of 75 feet. 6 Not applicable to guest rooms in hotels. 2. Waterfront Subdistrict (BMUD-W). a. Specific District Provisions: Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 2. Dimensional Requirements in the BMUD-W House 1 Rowhouse 2 Apartment Mixed-Use Commercial Civic & Institutional Min. Lot Width (ft) 50 25 3 100 100 100 5 100 Min. Front Yard (ft) 10 10 10 5 5 10 Max. Front Yard (ft) 20 15 20 20 20 20 Min. Side Yard (ft) 5 5 5 5 5 10 Min. Rear Yard (ft) 15 15 20 20 20 20 Waterfront Yard (ft) 25 25 25 25 25 25 Min. Floor Area (sq ft) 700 700 700 700 700 n/a per units per units per unit s Min. Building n/a n/a 10 10 10 10 Separation Max. Building Height 42 42 42 56 56 42 (ft) 4 Notes: 1See 4.02.16.A.7 regarding Duplexes. 2 See 4.02.16.A.7 regarding Two-Family Dwellings. 3Applies to individual unit. 4 Zoned Height of Building. 5 Property zoned C-3 shall have a minimum lot width of 75 feet. 6 Not applicable to guest rooms in hotels. [19-LDS-00083/1511002/1111 rev. 11/27/19 PL20190002265 Page 5 of 7 Words struck through are deleted,words underlined are added * * * * * * * * * * * * B. Dimensional and Design Standards for the GTMUD. 1. Mixed Use Subdistrict (GTMUD-MXD). a. Specific District Provisions: i. Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and Building Dimensional Requirements: Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 7. Dimensional Requirements in the GTMUD-MXD House ' Rowhouse 2 Apartment Mixed-Use Commercial Civic & Institutional Min. Lot Width (ft) 50 25 3 100 100 100 5 100 Min. Front Yard (ft) 10 10 10 6.5 6 6.5 6 10 Min. Side Yard (ft) 7.5 5 7.5 10 10 10 Min. Rear Yard (ft) 15 15 20 5 5 15 Min. Waterfront 25 25 25 25 25 25 Setback (ft) Min. Floor Area (sq 1,100 1,000 750 700 700 n/a ft) per unit a per unit 8 per unit e Min. Building n/a n/a 10 10 10 10 Separation Max. Building Height 42 42 42 56 ' 56 ' 42 (ft) 4 Notes: 1 See 4.02.16.B.3 regarding Duplexes. 2 See 4.02.16.B.3 regarding Two-Family Dwellings. 3 Applies to individual unit. 4 Zoned Height of Building. 5 Property zoned C-3 shall have a minimum lot width of 75 feet. 6 Development in the Mini-Triangle Area of the GTMUD-MXD subdistrict shall have a maximum setback of 20 feet. ' MUPs in the Mini-Triangle Area of the GTMUD-MXD subdistrict shall have a maximum zoned building height of 112 feet. 8 Not applicable to quest rooms in hotels. * * * * * * * * * * * * [19-LDS-00083/1511002/111 I rev. 11/27/19 PL20190002265 Page 6 of 7 Wordsstruck strueli-through are deleted, words underlined are added 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 14th day of January, 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL 1,, ,:giINZELizICLERK OF COLLIER CAOr FLORIDA ce)iiiii �.� ` :! By. � :� , }C) C. _ By. " j���,.I , ty Clerk WIL SAM L. MCDANIEL, JR., Chairman 14test t0 Ch ..- iignatur Illi. Approve• as to form and legality: This ordinance flied re, � (--4,-- 1'_,,, rlry ooff � 010.6( 20 7-0—y l• kar- Assistant County Attorney and acknowleda tnt y°°=' fi ' received tis b� . c sft =..r 04-CMD-01077/1824(11/27/19) PL20190002265 By —414A _la [19-LDS-00083/151 1002/l]l 1 rev. 11/27/19 PL20190002265 Page 7 of 7 Words struck through are deleted, words underlined are added L 1.111!' ik FLORIDA DEPARTMENT Of STATE , RON DESANTIS LAUREL M.LEE Governor Secretary of State January 21, 2020 Ms. Ann Jennejohn, BMR Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Jennejohn: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 20-02, which was filed in this office on January 21, 2020. 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.tl.us