Ordinance 99-77AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, A~W~
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE ZONING 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, AS DIRECTED BY THE
' ADMINISTRATION COMMISSION PURSUANT TO ITS FINAL ORDER OF
JUNE 22, 1999 IN CASE NO. ACC 99-02 (DOAH CASE NO. 98-0324 GM)
MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2,
ZONING, DIVISION 2.2 ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS TO ADD SECTION
2.2.30 DECLARATION OF PARTIAL MORATORIUM ON THE ISSUANCE
OF DEVELOPMENT ORDERS FOR CERTAIN PERMITTED AND
CONDITIONAL USES PERMITTED BY THE FUTURE LAND USE
ELEMENT AS IT EXISTED AND WAS IN EFFECT ON JUNE 22, 1999 AND
AS SET FORTH IN SECTION 2.2.2 OF THE LAND DEVELOPMENT CODE
AS IT EXISTED AND WAS IN EFFECT ON JUNE 22, 1999, FOR A
MAXIMUM THREE (3) YEAR PERIOD IN THE RURAL AND
AGRICULTURAL ASSESSMENT AREA, EXEMPTIONS THEREFROM AND
RELATED MAP AND SECTION 2.2.31, DECLARATION OF PARTIAL
MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS FOR
ANY. LAND USES EXCEPT FOR AGRICULTURE AND DIRECTLY
RELATED USES AND ONE SINGLE FAMILY DWELLING UNIT PER
PARCEL OR LOT CREATED PRIOR TO JUNE 22, 1999 IN THE NATURAL
RESOURCE PROTECTION AREAS 0NRPAS), FOR A MAXIMUM THREE
(3) YEAR PERIOD, EXEMPTIONS THEREFROM AND RELATED MAP;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code, whiOh'' h~ts ~en
subsequently amended; and
~E~AS, the LDC may not be ~ended more th~ ~o times in each cal~
unless the Bored of Co~W Co~issione~ finds ~d decides ~ LDC relat~ emer~ey
pursuit to Section 1.19.1 of the LDC; ~d
WHEREAS, on September 14, 1999, the Board of County Commissioners found and
declared an LDC related emergency by unanimous vote; and
WHEREAS, this is an emergency amendment to the LDC; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearing8 on October 20, 1999 and November 3, 1999 and did take action
concerning these amendments to the LDC; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
Words underlined are additions, words :~a.ek '~ ..... ~' are deletions.
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
1. Collier County, pursuant to Section 163.3161 et seq., Florida Statutes, the Florida Local
Government Comprehensive Planning and Land Development Regulation Act
(hereinafter "the Act") is required to prepare and adopt a comprehensive plan.
2. Section 163.3201, Florida Statutes, 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 of
the adopted comprehensive plan as required by the Act.
3. Section 163.3194(1)(G), Florida Statutes, requires that all land development regulations
enacted or amended by Collier County shall be consistent with the adopted
comprehensive plan, or element or portion thereof.
4. On January 10, 1989, Collier County adopted the Collier County Growth Management
Plan or "GMP" as its comprehensive plan pursuant to the requirements of Section
163.3161 et seq., Florida Statutes and Rule 9J-5 of the Florida Administrative Code.
5. Pursuant to Section 163.3191, Florida Statutes, local governments are required to prepare
and adopt the first periodic Evaluation and Appraisal Report (hereinafter "EAR") within
seven years of the adoption of their respective comprehensive plans.
6. Pursuant to Section 163.3191(4), Florida Statutes, local governments must adopt EAR-
based amendments to their respective comprehensive plans within one year of adoption
of the EAR.
7. On April 6, 1996 Collier County adopted its EAR which was found sufficient by the
Southwest Florida Regional Planning Council pursuant to a Delegation of Authority
Agreement with the Department of Community Affaim (hereinaf[er "DCA").
8. On October 27, 1997, Collier County adopted the EAR-ba~ed amendments to its OMP
which amendments were sent to the DCA for its review to determine compliance with the
Act and Rule
9. On December 24, 1997, DCA issued its Notice of Intent finding certain of the EAR-based
amendments not in compliance.
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Words underlined are additions, words zWazk tFzzug~ are deletions.
10. The EAR-based amendments found not in compliance are: the Future Land Use Element
including the Future Land Use Map; the Drainage and Natural Groundwater Aquifer
Recharge Subelements of the Public Facilities Element; the Intergovernmental
Coordination Element; the Conservation and Coastal Management Element; the Housing
Element; and the Golden Gate Area Master Plan Element.
11. Pursuant to Section 163.3184(10), Florida Statutes, the DCA petitioned the Division of
Administrative Hearings for an administrative hearing to determine whether or not the
referenced EAR-based amendments were in compliance with the Act and Rule 9J-5.
12. An administrative hearing was held in Collier County from May 4 through May 8, 1998
before an administrative law judge.
13. On March 19, 1999, the administrative law judge issued a recommended order finding
that all of the referenced EAR-based amendments found not in compliance by the DCA
were not in compliance.
14. In May of 1999, the case was transmitted to the Governor and Cabinet sitting as the
Administration Commission pursuant to Section 163.3184(11), Florida Statutes.
15. On June 22, 1999, the Administration Commission, pursuant to Section 163.3184(11),
Florida Statutes, issued its Final Order finding the referenced EAR-based amendments
not in compliance and prescribing remedial actions necessary to bring those amendments
into compliance.
16. Paragraph II of the Final Order requires Collier County to perform an assessment of the
Agriculture/Rural Areas beyond the Urban Designated Area and South Golden Gate
Estates iljustrated on the Future Land Use Map of the GMP.
17. Included in the Agriculture/Rural Assessment Area are the Big Cypress Area of Critical
State Concern, areas designated Conservation on the Future Land Use Map areas
designated Agriculture/Rural on the Future Land Use Map and South Golden Gate
Estates.
18. This Assessment is to be conducted and completed within a maximum of three years
from the date of the Final Order, or June 22, 2002.
19. The Assessment may be conducted in phases and any given phase may be completed at
an earlier point in time than the three-year timeframe.
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Words underlined are additions, words ~'~-'-'~- *~- ..... t. are deletions.
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Paragraph II of the Final Order also requires Collier County to determine and map the
general location for Natural Resource Protection Areas (hereinat~er NRPAs) as a part of
this Assessment to include Camp Keis Strand, CREW Lands, Okaloach0ochee Slough,
Belle Meade and South Golden Gate Estates.
During the interim three-year study period, Paragraph II of the Final Order imposes
limitations upon the types of land uses that are permitted in the Agriculture/Rural
Assessment Area.
Paragraph II of the Final Order places limitations upon the types of land uses permitted
within the NRPAs during the interim three-year study period.
On September 14, 1999, Collier County adopted Interim Amendments to its GMP
pursuant to the Final Order which amendments limit the types of land uses that are
permitted within the Agricultural/Rural Assessment Area and the NRPAs for a maximum
of three years or until June 22, 2002 or an earlier time should the Assessment or any
phase thereof be completed sooner.
Said Interim Amendments have been transmitted to the DCA and are under review.
Pursuant to the "Schedule for Remedial and Interim Plan Amendments" of the Final
Order, Collier County must adopt implementing land development regulations by
November 14, 1999.
At a minimum, the Assessment must identify means to accomplish the following:
a. Identify and propose measures to protect prime agricultural areas. Such measures
should prevent the premature conversion of agricultural lands to other uses.
b. Direct incompatible land uses away Eom wetlands and upland habitat in order to
protect water quality and quantity and maintain the natural water regime as well
as to protect listed animal and plant species and their habitats.
c. Assess the growth potential of the Area by assessing the potential conversion of
rural lands to other uses, in appropriate locations, while discouraging urban
sprawl, directing incompatible land uses away from critical habitat and
encouraging development that utilizes creative land use planning techniques
including, but not limited to, public and private schools, urban villages, new
towns, satellite communities, area-based allocations, cjustering and open space
provisions and mixed use development. The Assessment shall recognize the
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Words underlined are additions, words~..v.."~"~' ,u....w~,..s. are deletions.
substantial advantages of innovative approaches to development which may better
serve to protect environmentally sensitive areas, maintain the ec, onomic viability
of agricultural and other predominantly rural land uses, and provide for the cost-
efficient delivery of public facilities and services.
SECTION THREE:
ADOPTION OF AMENDMENTS
DEVELOPMENT CODE
TO LAND
Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional
Standards of Ordinance 91-102, as amended, The Collier County Land Development Code, is
hereby amended to add new Sections 2.2.30 and 2.2.31, respectively, to read as follows:
SUBSECTION 3.A
AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS DIVISION
ADDING DECLARTION OF PARTIAL MORATORIUM,
EXCEPTIONS THEREFROM AND MAP FOR RURAL AND
AGRICULTURAL AREA ASSESSMENT
Section 2.2.30
Declaration of partial moratorium for rural and a_~ricultural area
assessment.
2.2.30.1
Duration. For a period not to exceed three (3) years from the date of the
Final Order of the Administration Commission in Case No. 99-02 (DOAH
Case No. 98-0324 GM) or June 22, 2002, certain land use.s as set forth in
Subsection 2.2.30.3 of this code are prohibited.
If the County elects to address a specific geographic portion of the
assessment area as a phase of the assessment, the restrictions on
development of Subsection 2.2.30.3 shall be lifted from such specific
geographic area upon completion of the applicable phase of the
assessment and the implementing growth managemen.t plan amendments
for that phase become effective.
2.2.30.2
Geographic scope of rural and ,agricultural .assessm. ent area. The
geographic scope of the Assessment Area ("Area") .shal. 1 be as follows;
Includes:
All lands designated Agricultural/Rural
Big Cypress Area of Critical State Concern
Conservation lands outside the Urban boundary
South Golden Gate Estates
Excludes:
All Urban designated areas
Northern Golden Gate Estates
The Settlement District
Prohibited Uses. The followin~ uses am hereby orohibited for a
maximum three year period while the rural and ~griculttwal are~
assessment is being conducted.
1. New.. gq|f courses or driving ranges.
Extension or new. provision of central water and sewer service into
the Area.
3. New pa. ckage wastewat.er treatment plaots.
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Words underlined are additions, words :~.:zk t~zzugh are deletions.
2.2.30.4
Residential development except farmworker housing or housing.
directly related to support farming operations, or st. affhousing (12
alu/acre) and other uses directly related to the management of
p. ublicl.¥-owned !and, or one single family dwelling unit. per lot or
parcel created pn.'or to June 22, 1999.
Commercial or industrial development except gas and telephone
facilities, electric transmission and distribution facilities,
emergency power stm. ctures, fire and police stations..emergency
medical stations.
Transient. resi.dentia.! such as hotels, motels., and be.d .~d breakfast
facilities.
7. Zoo, aquarium, botanical garden, or other s.imilar u,ses,.
8. Public and Private schools.
9. Collection and transfer sites for resource recovery.
10. Landfills.
11. Social and fraternal organizations.
12. Group care facilities.
13, Sports instructional schools and .cam, p.s,.
14. Asphaltic and concrete batch making plants.
15. Recreational Vehicle parks.
Exemptions. Residential and other uses in the Rural and Agricultural
Assessment Area for which completed applications for development
.approval, rezonings, conditional uses, subdivjsi0n..approvals, s.ite plan
approvals, or plats were filed with or approved by Collier C.o. unW. p.n'or to.
.J. une 22, 1999, s.hal! be processed and considered under the Growth
Management Plan,. specifically., pages LU-I 39 through 45 of the Future
Land Uses Element thereof as it existed and was in effect on June 22,
1999 and Section 2.2.2. of the Collier County Land Development Code in
effect on June 22, .199.9.
.2.2.30.5.
The restriction on usgs in the Area, including NRPAs, during the
Asses.sment, or any phase thereof, shall no.t affect or limit the continuati. 0n.
of ,existing uses. Existing uses shall also include those uses for which all
req.uired permit.s have been issued, or uses for which comoleted
applications have been received by Collier Corm. _W prior to June 22, !99,9.
The ~on.ti.nuafion of existing uses shall include expansions of those uses,, i.f
such expansions me coosistent with or clearly ancillary to the existin~ use
and do not require a rezone or eomorehensive nlan amendment.
Map. The following man depicts the Rural and Am'icultural
Assessment Area:
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Words underlined are additions, words ~...,t. ,s. ..... s. ~,,.~ deletions.
COLLIER COUNTY
~ Rural Study Area'
Golden Gate Estates
--[ Urban Areas
SUBSECTION 3.B
SECTION 2.2.31
2.2.31.1
2.2.31.2
2.2.31.3
Map//6
AMENDMENTS TO ZONING DESTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS DIVISION
ADDING DECLARATION OF PARTIAL MORATORIUM,
EXCEPTIONS THEREFROM AND MAP FOR NATURAL
RESOURCE PROTECTION AREAS.
Declaration of partial moratorium for natural resource protection
areas. (NRPAs).
Duration. For a period not to exceed three {3) years from the date of the
Final Order of the Administration Commission in Case No. 99-02 (DOAH
Case No. 98-0324 G.M.), or June 22, 2002, 0nly certain land us.es as
specified in Subsection 2.2.31.3 of the Code shall be permitted in the
natural resource protection areas (NRPAs).
Geographic scope of natural .resource protection areas. The natural
Resource protection areas include the following areas generally described
as: The Camp Keis Strand, CREW Lands, 0k.aloacoochie Slough, Belle
Meade and South Golden Gate Estates.
Permitted Uses, The following tlSCS shall be thc only uses allowed i~a the
natural resource prot~fion areas during the maximum three (3) year
assessment oeriod or any ohase thereof:
1. Astricultural and directly related uses.
One sin_~le-familv dwellin~ unit 0er lot or parcel created 0rior
June 22, 1999.
2.2.31.4
Exemptions. The restriction on uses in the Area. includin~ NRPAs. durimt
the Assessment, or any ph~so ther.eof, shall not affect or limit the
continuation of existing uses, laxi.s, tinu uses shall also include those uses
for which, all required per!!lits have been issued, or uses for which
completed applications have beal r~.ceived by C.otlier County prior to June
22, 199.9. The continuation of existing .uses shall include expm!.sions of
those uses, if such expansions are consistent with or clearly ancillary to
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Words underlined are additions, words .......t. ,~, ..... ~' are deletions,
2.2.31.5
the existing use and do not require .a. ~'ezon.e or comprehensive plan
amendments.
Map. The following mag depicts the natural resource _~mtection areg~:
COLLIER COUNTY
~ Proposed NRPAs
Map#7
SECTION FOUR: CONFLICT AND SEVERABILITY
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 Collier County '
Land Development Code. The sections of the Ordinance may be ronumbered or rolettered to
accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
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Words underlined arc additions, words c'-''"~'.._v.. ,t..._ v_~,..~' are deletions.
SECTION SlX: EFFECTIVE DATE.
This Ordinance shall not become legally effective until the supporting Interim
Amendments to the Growth Management Plan required by the Administration Commission Final
Order in Case No. 99-02 (DOAH Case No. 98-0324 GM) become legally effective pursuant to
Subsection 163.3189(2)(a), Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, thi~day of ~~ 1999.
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"'l~gal Sufficiency:
M~o~ M. Smdeni
Assist~t Co~ A~omey
450671.2
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:P~~man
This ordinance flied with the
Secretary of State's Office the.
~ day of .~:~l.a~., I_q~q_
and acknowledgement of that
filing .received this _~_~1~.o day
of /~x~., \~o.~
D,~uty Cler~
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Words underlined are additions, words t~l.~...l. ,I~ ..... !~ are deletions.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of: ~c~
ORDINANCE NO. 99-77 ::-~' ~.-
Which was adopted by the Board of County Commissior~,~-'~~ o~? ~'~'~
the 3rd day of Nove~er, 1999, during Special Session. ~.,:~
WIEESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this"4th day of
November, 1999.
Ex-off~cio to Board:~of.C~';~: .... ~',., ~.V,~,d:: ~"~
County Commissioners ~.. ~,,u ,,,, .... ~' ..~ :',$.~ S'
By: Ellie Hof fman,
Deputy Clerk