Ordinance 2021-25 ORDINANCE NO. 21 — 25
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 THE DENSITY CALCULATION FOR
SINGLE-FAMILY, TWO-FAMILY AND DUPLEX DWELLING UNITS ON
LEGAL NON-CONFORMING LOTS OF RECORD IN THE RMF-6 ZONING
DISTRICT, TO INCREASE THE WRITTEN PUBLIC NOTIFICATION
DISTANCES FOR LAND USE PETITIONS WITHIN THE RURAL AND
URBAN GOLDEN GATE ESTATES, AND TO CLARIFY THE
REQUIREMENTS FOR SOIL AND GROUNDWATER SAMPLING IN THE
DEVELOPMENT REVIEW PROCESS FOR THE CONVERSION OF GOLF
COURSES, 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 ONE —
GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS;
CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION
3.08.00 ENVIRONMENTAL DATA REQUIREMENTS; CHAPTER FIVE —
SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.15
CONVERSION OF GOLF COURSES; CHAPTER NINE — VARIATIONS
FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.03 TYPES
OF NONCONFORMITIES; AND CHAPTER TEN — APPLICATION,
REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING
SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC
NOTICE; 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2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as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
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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 June 3, 2021, and reviewed the proposed amendments
for consistency with the Comprehensive Plan and did recommend approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
an advertised public hearing on July 13, 2021, 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.
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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.
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
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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.
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
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02, Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 1.08.02 Definitions
* * * * * * * * * * * * *
Lot of record: A lot of record is (1) a lot which is part of a subdivision recorded in the public records
of Collier County, Florida; or (2) a lot, parcel, or the least fractional unit of land or water under
common ownership which has limited fixed boundaries, described by metes and bounds or other
specific legal description, the description of which has been so recorded in the public records of
Collier County, Florida, on or before the effective date of this LDC; or (3) a lot, parcel, or the least
fractional unit of land or water under common ownership which has limited fixed boundaries, for
which an agreement for deed was executed or deed was recorded prior to October 14, 1974, if
within the former Coastal Area pPlanning dDistrict, and January 5, 1982, if presently within or
previously within the former Immokalee Area pPlanning dDistrict prior to May 1, 1979.
Nonconforming lot of record: Any lawful lot or parcel which was recorded, or for which an
agreement for deed executed or deed was recorded prior to October 14, 1974, if within the
former Coastal Area Planning District, and January 5, 1982, if within the former Immokalee Area
Planning District, a-Rd which lot or parcel does not meet the minimum width or lot area
requirements as a result of the passage of this Code shall be considered as a legal nonconforming
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lot and shall be eligible for the issuance of a building permit provided all the other requirements
of this Code and the Florida Statutes are met. This definition also includes any lot or parcel made
nonconforming by a rezoning initiated by Collier County to implement the Zoning Reevaluation
Ordinance Number 90-23 (1990). For nonconforming lots of record within the RMF-6 zoning
district, see LDC section 9.03.03 A.
* * * * *
SUBSECTION 3.B. AMENDMENTS TO SECTION 3.08.00 ENVIRONMENTAL DATA
REQUIREMENTS
Section 3.08.00, Environmental Data Requirements, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
Section 3.08.00 Environmental Data Requirements
A. Environmental Data Requirements.
* * * * * * * * * * * * *
4. Environmental Data. The following information shall be submitted, where
applicable, to evaluate projects.
* * * * * * * * * * * * *
d. General environmental requirements.
* * * * * * * * * * * * *
ii. Soil and/or groundwater sampling shall be required at
the time of first development order submittal no later than time of
Early Work Authorization (EWA), SDP, or PPL submittal, whichever
is the first to occur, for sites that occupy farm fields (crop fields,
cattle dipping ponds, chemical mixing areas), golf courses, landfill
or junkyards or for sites where hazardous products exceeding 250
gallons of liquid or 1,000 pounds of solids were stored or processed
or where hazardous wastes in excess of 220 pounds per month or
110 gallons at any point in time were generated or stored. The
amount of sampling and testing shall be determined by a registered
professional with experience in the field of Environmental Site
Assessment and shall at a minimum test for organochlorine
pesticides (U.S. Environmental Protection Agency (EPA) 8081) and
Resource Conservation and Recovery Act (RCRA) 8 metals using
Florida Department of Environmental Protection (DEP) soil
sampling Standard Operating Procedure (SOP) FS 3000, in areas
suspected of being used for mixing and at discharge point of water
management system. Sampling should occur randomly if no points
of contamination are obvious. Include a background soil analysis
from an undeveloped location hydraulically upgradient of the
potentially contaminated site. Soil sampling should occur just below
the root zone, about 6 to 12 inches below ground surface or as
otherwise agreed upon with the registered professional with
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experience in the field of Environmental Site Assessment. Include
in or with the Environmental Site Assessment, the acceptable State
and Federal pollutant levels for the types of contamination found on
site and indicate in the Assessment, when the contaminants are
over these levels. If this analysis has been done as part of an
Environmental Audit then the report shall be submitted. The County
shall coordinate with the DEP where contamination exceeding
applicable DEP standards is identified on site or where an
Environmental Audit or Environmental Assessment has been
submitted.
a) Conversion of golf courses have further soil and/or
groundwater sampling requirements. In addition to the
sampling requirements established in LDC section 3.08.00
A.4.d., the applicant shall conduct soil and/or groundwater
sampling for the pollutants as follows: managed turf,
chemical storage/mixing areas, and maintenance areas (i.e.
equipment storage and washing areas, fueling and fuel
storage areas) shall be tested for organophosphate,
carbamate, triazine pesticides, and chlorinated herbicides.
In addition, maintenance areas, as described above, shall
be tested for petroleum products. The County shall notify
the Department of Environmental Protection where
contamination exceeding applicable Department of
Environmental Protection standards is identified on site or
where an Environmental Audit or Environmental
Assessment has been submitted.
* * * * * * * * * * * * *
SUBSECTION 3.C. AMENDMENTS TO SECTION 5.05.15 CONVERSION OF GOLF
COURSES
Section 5.05.15, Conversion of Golf Courses, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
Section 5.05.15 Conversion of Golf Courses
* * * * * * * * * * * * *
G. Development standards. The following are additional minimum design standards for
zoning actions and Stewardship Receiving Area Amendments. The Compatibility Design
Review process shall only be subject to LDC section 5.05.15 G.6.
* * * * * * * * * * * * *
6. Soil and/or groundwater sampling may be deferred by the applicant to Early Work
Authorization (EWA), SDP, or PPL submittal, whichever is the first to occur, if the
sampling has not been completed by the rezoning, SRA amendment, or
compatibility design review public hearings. See LDC Section 3.08.00 A.4.d. 141
section 3.08.00 A.4.d., the applicant shall conduct soil and/or groundwater
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sampling for the pollutants as follows: managed turf, chemical storage/mixing
phosphate, carbamatc, triazinc
or where an Environmental Audit or Environmental Asse.sment has been
submitted.
* * * * * * * * * * * * *
SUBSECTION 3.D. AMENDMENTS TO SECTION 9.03.03 TYPES OF NONCONFORMITIES
Section 9.03.03, Types of Nonconformities, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
Section 9.03.03 Types of Nonconformities
A. Nonconforming lots of record. In any district, any permitted or permissible structure may
be erected, expanded, or altered on any lot of record at the effective date of adoption or
relevant amendment to the LDC.
* * * * * * * * * * * * *
6. RMF-6 Districts. A two family or duplex dwelling unit may be constructed on any
legal non-conforming lot of record when the minimum lot area is 9,750 square feet
or greater and an agreement for deed or deed was recorded prior to January 5,
1982 to establish the lot.
A single family dwelling unit may be constructed on any legal non-conforming lot
of record provided an agreement for deed or deed was recorded prior to January
5, 1982 to establish the lot.
SUBSECTION 3.E. AMENDMENTS TO SECTION 10.03.05 REQUIRED METHODS OF
PROVIDING PUBLIC NOTICE
Section 10.03.05, Required Methods of Providing Public Notice, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
Section 10.03.05 Required Methods of Providing Public Notice
This section shall establish the required methods of providing public notice. Chapter 8 of the
Administrative Code shall establish the public notice procedures for land use petitions.
A. Neighborhood Information Meetings (NIM). Neighborhood Information Meetings, where
required, shall be held prior to the first public hearing and noticed as follows:
1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section
10.03.05 B.
2. Newspaper Advertisement prior to the NIM.
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B. Mailed Notice.
1. Where required, Mailed Notice shall be sent to property owners in the
notification area as follows:
a. For areas in the urban designated area of the future land use
element of the Growth Management Plan notices shall be sent to
all property owners within 500 feet of the property lines of the
subject property.
b. For all other areas, except areas designated in the Rural Golden
Gate Estates Sub-Element or Urban Golden Gate Estates Sub-
Elements of the Golden Gate Area Master Plan, notices shall be
sent to all property owners within 1,000 feet of the property lines of
the subject property.
c. For areas designated within the Rural and Urban Golden Gate
Estates Sub-Element of the Golden Gate Master Plan, notices shall
be sent to all property owners within one mile of the subject property
lines.
G. d. Notices shall also be sent to property owners and condominium and
civic associations whose members may be impacted by the
proposed land use changes and who have formally requested the
county to be notified. A list of such organizations must be provided
and maintained by the county, but the applicant must bear the
responsibility of insuring that all parties are notified.
* * * * * * * * * * * * *
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 13th day of July, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLI R COUNTY, FLORIDA
- , fluty Clerk Penny Taylo hairman
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Approved as to form and legality:
Derek D. Perry
Assistant County Attorney
04-CMD-01077/1891_(6/15/21)
21-LDS-00119/71_(6/15/21)
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4146"-
-
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
July 20, 2021
Ms. Martha Vergara, BMR& VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-25, which was filed in this office on July 20, 2021.
Sincerely,
Anya Grosenbaugh
Program Administrator
AG/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270