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CCPC Backup 01/05/2017 COLLIER COUNTY PLANNING COMMISSION MEETING BACKUP DPCUMENTS JANUARY 5, 2017 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M.,JANUARY 5,2017,IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING,COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES,FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES -December 1,2016 and December 15,2016 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA 9. ADVERTISED PUBLIC HEARINGS: A. PUDA-PL20150002280; An Ordinance of the Board of County Commissioners of Collier County,Florida amending Ordinance Number 92-10,as amended,the Tollgate Commercial Center Planned Unit Development (PUD), by amending the PUD document to add specific institutional uses as permitted uses on Tracts 7-10, and 15 of the commercial use areas,"A"parcels, as shown on the PUD Master Plan;by amending the PUD document to add specific institutional uses as permitted uses on tracts 16-20 and 24-25 of the commercial/light industrial uses area "B", parcels as shown on the PUD Master Plan; by adding Exhibit B to further define the areas that allow the institutional uses as permitted uses;and providing an effective date.The subject property is located at the intersection of Collier Boulevard (CR-951) and Beck Boulevard in Section 35, Township 49 South, Range 26 East,and Section 2,Township 50 South,Range 26 East,Collier County,Florida. [Coordinator:Fred Reischl,AICP,Principal Planner] B. BDE-PL20160000863: A Resolution of the Collier County Planning Commission relating to Petition Number BDE-PL20160000863 for a 67-foot boat dock extension over the maximum 20-foot limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 87 feet, to accommodate a new boat dock facility with two vessels for the benefit of Lots 58 and 59,Isles of Capri Unit No. 1 subdivision,also described as 14 Hawk Street,in Section 14,Township 51 South,Range 26 East,in Collier County,Florida. [Coordinator:Ray Bellows,Manager,Zoning] C. An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41,as amended,the Collier County Land Development Code,which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three,Adoption of Amendments to the Land Development Code,more specifically amending the following: Chapter Two-Zoning Districts and Uses, including section 2.03.06 Planned Unit Development Districts, section 2.03.09 Open Space Zoning Districts; Chapter Three- Resource Protection, including section 3.05.07 Preservation Standards; Chapter Five - Supplemental Standards,adding section 5.05.15 Conversion of Golf Courses;Chapter Six:- Infrastructure Improvements and Adequate Public Facilities Requirements, including section 6.05.01 Water Management Requirements, adding section 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, and Duplexes; Chapter Ten - Application, Review, and Decision-Making Procedures, including section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County.Land Development Code; and Section Six, Effective Date. [Coordinator: Caroline Cilek, AICP, Manager, LDC, Development Review] (The CCPC members have been provided copies; however, the LDC Amendments can be accessed here:www.colliergov.net/publicmtg.) 10. NEW BUSINESS 11. OLD BUSINESS 12. PUBLIC COMMENT 13. ADJORN CCPC Agenda/Ray Beilows/jmp CCPC January 5, 2017 PUDA-PL2O150OO228O hollgate Commercial Center December 05, 2016 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 16, 2016, and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section] FUND &COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500172052 Account Number: 068779 Authorized Designee signature for CCPC Advertising PL NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9;00 A.M., on Thursday, January 5, 2017, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-10, AS AMENDED, THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES AS PERMITTED USES ON TRACTS 7-10, AND 15 OF THE COMMERCIAL AREAS, "A" PARCELS, AS SHOWN ON THE PUD MASTER PLAN; BY AMENDING THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES AS PERMITTED USES ON TRACTS 16-20 AND 24-25 OF THE COMMERCIAL/LIGHT INDUSTRIAL USES AREA "B", PARCELS AS SHOWN ON THE PUD MASTER PLAN; BY ADDING EXHIBIT B TO FURTHER DEFINE THE AREAS THAT ALLOW THE INSTITUTIONAL USES AS PERMITTED USES;AND PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD (CR-951) AND BECK BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST,AND SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, suite 401, Naples, FL, one week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, Zoning Services Section, prior to Thursday,January 5, 2017. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain, Chairman II SRaia ,-4t _ ill A COLLIER BLVD, COLLIER BOULEVARD S C.R.951 C.R.951Q At It 161 s� AcD D c- om z9 5 Martha S. Vergara From: Reischl, Fred Sent: Tuesday, December 06, 2016 9:34 AM To: Minutes and Records Subject: RE: Mail Notice - Tollgate PUDA PL20150002280 Thanks, Martha! From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] On Behalf Of Minutes and Records Sent:Tuesday, December 06, 2016 9:34 AM To: ReischlFred <FredReischl@colliergov.net> Subject: RE: Mail Notice -Tollgate PUDA PL20150002280 Ok Fred, Working on this ad. Martha From: Reischl, Fred Sent:Tuesday, December 06, 2016 9:25 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael<MichaelBosi@colliergov.net>; Patricia L. Morgan <patricia.morgan@collierclerk.com>; Neet,Virginia <VirginiaNeet@a@colliergov.net>; Rodriguez,Wanda <WandaRodriguez@colliergov.net>; PageErin<ErinPagePcolliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net> Subject: Mail Notice -Tollgate PUDA PL20150002280 Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239-252-4211 colliergov.net catk-r Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Rodriguez, Wanda Sent: Tuesday, December 06, 2016 9:35 AM To: Minutes and Records Cc: Reischl, Fred Subject: re: CCPC ad request - Tollgate PUDA PL20150002280 Attachments: Ad Request - signed.pdf; Ad Request.docx; Ad Map PPL152280(2X3).pdf Minutes & Records, Please insert the missing word "use" as indicated below: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 92-10,as amended,the Tollgate Commercial Center Planned Unit Development(PUD), by amending the PUD document to add specific institutional uses as permitted uses on Tracts 7-10, and 15 of the commercial use areas, "A" parcels,as shown on the PUD Master Plan; by amending the PUD document to add specific institutional uses as permitted uses on tracts 16-20 and 24-25 of the commercial/light industrial uses area "B", parcels as shown on the PUD Master Plan; by adding Exhibit B to further define the areas that allow the institutional uses as permitted uses; and providing an effective date.The subject property is located at the intersection of Collier Boulevard (CR-951)and Beck Boulevard in Section 35,Township 49 South, Range 26 East, and Section 2,Township 50 South, Range 26 East, Collier County, Florida. Otherwise the ad request is good. Thanks, Wanda 'Rodriguez, .ACT Advanced Certified Paralegal Office of the County .Attorney (239)252-8400 From: ReischlFred Sent: Tuesday, December 06, 2016 9:25 AM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; PageErin; KendallMarcia Subject: Mail Notice - Tollgate PUDA PL20150002280 Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239-252-4211 colliergov.net tier County Acct #068779 December 6, 2016 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDA-PL20150002280 — Tollgate Commercial Center PUD Dear Legals: Please advertise the above legal notice Friday, December 16, 2016 and send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500172052 1 December 05, 2016 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 16, 2016, and furnish proof of publication to the attention of the Boards Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section] FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500172052 Account Number: 068779 Authorized Designee signature for CCPC Advertising PL NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., on Thursday, January 5, 2017, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-10, AS AMENDED, THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES AS PERMITTED USES ON TRACTS 7-10, AND 15 OF THE COMMERCIAL USE AREAS, "A" PARCELS, AS SHOWN ON THE PUD MASTER PLAN; BY AMENDING THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES AS PERMITTED USES ON TRACTS 16-20 AND 24-25 OF THE COMMERCIAL/LIGHT INDUSTRIAL USES AREA "B", PARCELS AS SHOWN ON THE PUD MASTER PLAN; BY ADDING EXHIBIT B TO FURTHER DEFINE THE AREAS THAT ALLOW THE INSTITUTIONAL USES AS PERMITTED USES; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD (CR- 951) AND BECK BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, FL, one week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, Zoning Services Section, prior to Thursday, January 5, 2017. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain, Chairman &raw ail ill F4 _ - 11 FR ------- — c".7.,:;". COLLIER BOULEVARD y tC CA (1 o O 0 mp z —1 a _ k Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, December 06, 2016 10:05 AM To: Legals NDN (legals@naplesnews.com) Subject: PUDA-PL20150002280 Tollgate Commercial Center (CCPC 1-5-17) Attachments: PUDA-PL20150002280 Tollgate Commercial Center (CCPC 1-5-17).doc; PUDA- PL20150002280 Tollgate Commercial Center(CCPC 1-5-17).doc; PUDA-PL20150002280 Tollgate Commercial Center (CCPC 1-5-17).pdf Hello, Please advertise the following attached ad Friday, December 16, 2016. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 Martha S. Vergara From: Gori,Ivonne <Ivonne.Gori@naplesnews.com> Sent: Wednesday, December 07, 2016 12:57 PM To: Martha S. Vergara Subject: FW: 1393738 Attachments: ND-1393738LEGAL.pdf Please find attached a proof for your review and approval. Thanks! Ivonne 1 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., on Thursday, January 5, 2017, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamia i Trail, Naples FL.,to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER i COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-10, AS AMENDED, THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES AS PERMITTED USES ON TRACTS 7-10, AND 15 OF THE COMMERCIAL USE AREAS, "A" PARCELS, AS SHOWN ON THE PUD MASTER PLAN; BY AMENDING THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES AS PERMITTED USES ON TRACTS 16-20 AND 24-25 OF THE COMMERCIAL/LIGHT INDUSTRIAL USES AREA"B", PARCELS AS SHOWN ON THE PUD MASTER PLAN; BY ADDING EXHIBIT B TO FURTHER DEFINE THE AREAS THAT ALLOW THE INSTITUTIONAL USES AS PERMITTED USES;AND PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD (CR- 951) AND BECK BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST,AND SECTION 2,TOWNSHIP 50 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA. s SOLVATE272 20 u b V aam .. 03L0121 OM u'1, 11.1.MY Amo . 31 10;11... N 4. „� PROJECT LOCATION 1.: j.).r k art 4LEY srt, a g3 d ro 2 asx 1 0 0.0 x.roa ' All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, FL,one week prior to the scheduled hearing.Written comments must be filed with the Zoning Division,Zoning Services Section,prior to Thursday,January 5,2017. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252- 8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain,Chairman December 16,2016 ND-1393738 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:BCC_ZONING DEPARTMENT PROOF CREATED AT: 12/7/2016 12:03 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 12/16/16 ND-1393738.INDD SIZE:3 col X 9.25 in Martha S. Vergara From: Rodriguez,Wanda Sent: Wednesday, December 07, 2016 1:42 PM To: Martha S.Vergara Cc: Reischl, Fred; Ashton, Heidi Subject: RE: PUDA-PL20150002280 Tollgate Commercial Center Looks good here, thanks. Wanda Rodriguez, .ACP .Advanced Certified ParalegaC Office of the County Attorney (239)252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Wednesday, December 07, 2016 1:00 PM To: ReischlFred; RodriguezWanda; AshtonHeidi Subject: PUDA-PL20150002280 Tollgate Commercial Center Hello All, Attached is the ad proof for CCPC item on 1-5-17. Please review and let me know of any changes needed. Thanks, Martha Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, December 07, 2016 1:44 PM To: 'Gori, Ivonne' Subject: RE: 1393738 Hi Ivonne, The legal department has reviewed and approved this ad. Please proceed with publishing as requested. Thanks, Martha From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent: Wednesday, December 07, 2016 12:57 PM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: FW: 1393738 Please find attached a proof for your review and approval. Thanks! Ivonne 1 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., on Thursday, January 5, 2017, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamia i Trail, Naples FL.,to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-10, AS AMENDED, THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES AS PERMITTED USES ON TRACTS 7-10, AND 15 OF THE COMMERCIAL USE AREAS, "A" PARCELS, AS SHOWN ON THE PUD MASTER PLAN; BY AMENDING THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES AS PERMITTED USES ON TRACTS 16-20 AND 24-25 OF THE COMMERCIAL/LIGHT INDUSTRIAL USES AREA "B", PARCELS AS SHOWN ON THE PUD MASTER PLAN; BY ADDING EXHIBIT B TO FURTHER DEFINE THE AREAS THAT ALLOW THE INSTITUTIONAL USES AS PERMITTED USES;AND PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD (CR- 951) AND BECK BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST,AND SECTION 2,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA. 27 26 25 30 GOLDEN GATE _tGOJ 4 6,,,E ESTATES CITY IMT 26 YA�IA 00.01G1E Y.YD 115E (A MMISI6IAL PNS( PROJECT . LOCATION `rR it lihio..N.... .., jw �i ' �_ GATOR gLLEY (SR NI 7 f�9P LANES YF T Il a Ta MZA ''RAIA CODER > J :1m 2 , 6 O7 004 OE NMIFS NrAZ, I0¢ NES All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, FL, one week prior to the scheduled hearing. Written comments must be filed with the Zoning Division,Zoning Services Section, prior to Thursday,January 5,2017. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain, Chairman December 16,2016 ND-1393738 26A Friday,December 16,2016 Naples Daily News NOTICE OF PUBLIC HEARING ,,-. ,,,,� NOTICE OF INTENT TO CONSIDER AN ORDINANCE 1,:,0;. :Jr.:--4A-77. , T.. '"ss - Notice is hereby given that a public hearing will be held by the Collier County Planning -J-1 i _t... 10.,41 - Commission at 9:00 A.M.,on Thursday,January 5,2017,in the Board of County -. Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East --_. "r `.. Tamia i Trail,Naples FL.,to consider. ala._._. 11061i `um 3 .. _ ' AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER ��: , _ - COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-1 D, AS AMENDED, �� THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT(PUD), {disk. BY AMENDING THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES �/ ... d :�+..t"r. ... ,,-�'t� AS PERMITTED USES ON TRACTS 7-10,AND 15 OF THE COMMERCIAL USE "'- .. ' C-< ,.. - AREAS,"A"PARCELS,AS SHOWN ON THE PUD MASTER PLAN;BY AMENDING MICHAEL zanee rtff DES MOINES REGISTER VIA AP,FILE THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES AS PERMITTED The four-state,53.8 billion Dakota Access pipeline crosses more than 200 water bodies, USES ON TRACTS 16-20 AND 24-25 OF THE COMMERCIAULIGHT INDUSTRIAL including the Des Moines and Raccoon rivers,which are water sources fora half-million USES AREA"B",PARCELS AS SHOWN ON THE PUD MASTER PLAN;BY ADDING customers in the Des Moines,Iowa,area. EXHIBIT B TO FURTHER DEFINE THE AREAS THAT ALLOW THE INSTITUTIONAL USES AS PERMITTED USES;AND PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD(CR- More water sources 951)AND BECK BOULEVARD IN SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST,AND SECTION 2,TOWNSHIP 50 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA. at risk along pipeline DAVID PITT sures in place," Des Moines Water ASSOCIATED PRESS Works CEO Bill Stowe said. .� Energy Transfer Partners counters HPROJECT DES MOINES,Iowa-A Native Amer- that the 1,170-mile pipeline will be safe, . Lvc4noN icon tribe's fight over its water source with devices placed throughout to track RIY has grown into an international cause, pressure, temperature, density and ��%1yC, '� ..,..,„„, with all attention focused on the Dakota flow that'll be monitored around the %? g w` Access pipeline's route in southern clock by people who can remotely shut . �; , North Dakota.But contractors on the off oil flow.Such emergency valves are ",„„ ° project,which passes through three on either side of the Des Moines and "'"°°' lip other states,have been drilling under Raccoon rivers, ETP spokeswoman and through rivers that are equally Vicki Granado said. critical water sources for hundreds of Pipe was laid early this month under All interested parties are invited to appear and be heard. Copies of the proposed thousands of people. the Des Moines River,and the route also ORDINANCE will be made available for inspection at the Collier County Clerk's Office, One city managed to avoid the situa- crosses the Raccoon or its tributaries at Fourth Floor,Collier County Government Center,3299 East Tamiami Trail,Suite 401, tion-Bismarck,North Dakota,the three locations upstream from Des Naples,FL,one week prior to the scheduled hearing.Written comments must be filed center of government in the oil-rich Moines,a city of more than 200,000 resi- with the Zoning Division,Zoning Services Section,prior to Thursday,January 5,2017. state and home to 67,000 people.Others, dents. including Des Moines,Iowa,didn't,de- Stowe,whose utility has a half-mil- If a person decides to appeal any decision made by the Collier County Planning spite protests that led to arrests. lion customers,said there is a plan to Commission with respect to any matter considered at such meeting or hearing,he will At issue is whether a breach in the deal with an oil leak,and he works with need a record of that proceeding,and for such purpose he may need to ensure that a $3.8 billion project,being built by Dal- the U.S.Department of Transportation verbatim record of the proceedings is made,which record includes the testimony and las-based parent company Energy to ensure regular inspections and up- evidence upon which the appeal is to be based. Transfer Partners,will affect drinking propriate flow-stopping measures. water,given that it crosses more than The Dakota Access pipeline also If you are a person with a disability who needs any accommodation in order to 200 water bodies,including the Des crosses underneath the Mississippi participate in this proceeding,you are entitled,at no cost to you,to the provision of Moines and Raccoon rivers.While util- River,which is a source of water for certain assistance.Please contact the Collier County Facilities Management Division, ity officials in Iowa acknowledge it's about 4,000 people in the southeast cor- located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252- likely there'll be an issue in the future, ner of Iowa and close to a water-treat- 8380 at least two days prior to the meeting.Assisted listening devices for the hearing they're confident a leak won't affect the meet plant for the city of Keokuk.The impaired are available in the Board of County Commissioners Office. quality of the water. utility's officials voiced concerns to the "I think it's important to note that it Iowa Utilities Board,telling them that a isn't a matter of if there'll be eventually preferred route would be south of the Collier County Planning Commission some kind of leak or rupture of the pipe- city's intake, but the route wasn't Mark Strain,Chairman line,it's a matter of when,and so we cer- changed.A leak could reach the intake tainly want to be vigilant and have mea- within an hour. December 16,2016 ND-1393738 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that a public hearing will be held by the Collier County Planning Notice is hereby given that on Thursday,January 5,2017,in the Board of County Commissioners Commission at 9:00 A.M.,on Thursday,January 5,2017 in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Meeting Room,3rd Floor,Building"F,"Collier County Government Center,3299 Tamiami Trail Tamiami Trail,Naples FL,to consider: East,Naples,Florida 34112,the Collier County Planning Commission,sitting as the local planning agency and as the Environmental Advisory Council,will consider amendments to the Collier County Land Development Code.The meeting will commence at 9:00 a.m.The title of the A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO proposed ordinance is as follows: PETITION NUMBER BDE-PL20100000863 FOR A 67 FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FOOT LIMIT IN SECTION 5.03.06 OF THE COLLIER AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 87 FEET, COUNTY,FLORIDA,AMENDING ORDINANCE NUMBER 04-41,AS AMENDED, TO ACCOMMODATE A NEW BOAT DOCK FACILITY WITH TWO VESSELS FOR THE THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED BENEFIT OF LOTS 58 AND 59,ISLES OF CAPRI UNIT NO.1 SUBDIVISION,ALSO AREA OF COLUER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE, DESCRIBED AS 14 HAWK STREET,IN SECTION 14,TOWNSHIP 51 SOUTH,RANGE RECITALS;SECTION TWO,FINDINGS OF FACT;SECTION THREE,ADOPTION 26 EAST,IN COLLIER COUNTY,FLORIDA OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING THE FOLLOWING:CHAPTER TWO-ZONING DISTRICTS AND USES, ' ;'21 9 INCLUDING SECTION 2.03.08 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS;CHAPTER FIVE-SUPPLEMENTAL STANDARDS,ADDING SECTION 5.05.15 CONVERSION OF GOLF COURSES;CHAPTER SIX-INFRASTRUCTURE PROJECT IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS,ADDING LOCATION Q SECTION 6.05.03 STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS, • TWO-FAMILY DWELLING UNITS,AND DUPLEXES;CHAPTER TEN-APPLICATION, mJ REVIEW,AND DECISION-MAKING PROCEDURES,INCLUDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE,INCLUSION //�-- IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX, Y \�C Cr:1 EFFECTIVE DATE. o U / III C...County c Al� FlerN. r n W � Iiii lIIa.. � l+imo. All interested parties are invited to appear and be heard. Copies of the proposed € =j7� RESOLUTION will be made available for inspection at the Collier County Clerk's office, a .,e\, fourth Floor,Collier County Government Center,3299 Tamiami Trail East,Suite 401, Naples,FL,one week prior to the scheduled hearing.Written comments must be filed s with the Zoning Division,Zoning Services Section,prior to Thursday,January 5,2017. •-.' �_ If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing,he will All interested panics are invited to appear and be heard.Copies of the proposed amendments need a record of that proceeding,and for Such purpose he may need to ensure that a are available for public inspection in the Zoning and Land Development Review Section,Growth verbatim record of the proceedings is made,which record includes the testimony and Management Department,2800 N.Horseshoe Drive,Naples,Florida,between the hours of 8:00 evidence upon which the appeal is to be based. A.M.and 5:00 PM.,Monday through Friday. Furthermore,materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Government If you are a person with a disability who needs any accommodation in order to Center,East Naples,one week prior to the scheduled hearing. participate in.this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252- contact the Collier County Facilities Management Division,at 3335 Tamiami Trail East,Suite 101, ' 8380,at least two days prior to the meeting.Assisted listening devices for the hearing Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening impaired are available in the Board of County Commissioners Office. devices for the hearing impaired are available in the Board of County commissioners Office. Collier County Planning Commission Collar County Planning Commission Mark Strain,Chairman Mark strain,Chairman December 16,2016 ND-1391990 December 16,2016 ND-1396684 CCPC January 5, 2017 BDE-PL20160000863 Craig & Wendy Lyon December 05, 2016 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 16. 2016, and furnish proof of publication to the attention of Ray Bellows, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section] FUND& COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500172052 Account Number: 068779 . ' Authorized Designee signature for CCPC Advertising 1 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., on Thursday, January 5, 2017 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: PETITION NO. BDE-PL20160000863 — CRAIG AND WENDY LYON REQUEST A 67 FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF 87 FEET, TO ACCOMMODATE A NEW BOAT DOCK FACILITY WITH TWO VESSELS FOR THE BENEFIT OF LOTS 58 AND 59, ISLES OF CAPRI UNIT NO. 1 SUBDIVISION, ALSO DESCRIBED AS 14 HAWK STREET, IN SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (insert map) All interested parties are invited to appear and be heard, Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, suite 401, Naples, FL, one week prior to the scheduled hearing.Written comments must be filed with the Zoning Division, Zoning Services Section, prior to Thursday,January 5, 2017. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain, Chairman O n -DI L O 2 01101.1111 • r�z� 44114A, FRBkvp Martha S. Vergara From: Rodriguez, Wanda Sent: Tuesday, December 06, 2016 8:52 AM To: KulakPatricia; Minutes and Records Cc: Bellows, Ray Subject: RE: Advertisement Request PL20160000863 CCPC Importance: High Patty, The title is incorrect. Please use the title currently in Report Manager for this ad request. When you resubmit, please also remove the heading line "notice of intent to consider a resolution" and change "ordinance" to "resolution" in the paragraph under the title. Minutes & Records, Please do not process the ad request until a revised ad is submitted by staff and approved by our office. Wanda Rodriguez, ACP Advanced Certified Paralegal Office of the County .Attorney (239)252-8400 From: KulakPatricia Sent: Tuesday, December 06, 2016 8:05 AM To: Minutes and Records Cc: Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; PageErin; NeetVirginia; RodriguezWanda Subject: Advertisement Request PL20160000863 CCPC Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Thank you, Patty Kutak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net 1 Martha S. Vergara From: KulakPatricia <PatriciaKulak@colliergov.net> Sent: Tuesday, December 06, 2016 8:59 AM To: Rodriguez, Wanda; Minutes and Records Cc: Bellows, Ray Subject: RE: Advertisement Request PL20160000863 CCPC Attachments: Advertising Request.docx; Signed Ad Request_001.pdf The title auto populates into the form from CityView, I have changed it, in the future I will discuss with the planner that the one in Cityview must match the one in Report Managers. Also, from now on would you like the "notice of intent to consider a resolution" to be removed? Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net From: RodriguezWanda Sent: Tuesday, December 06, 2016 8:52 AM To: KulakPatricia; Minutes and Records Cc: BellowsRay Subject: RE: Advertisement Request PL20160000863 CCPC Importance: High Patty, The title is incorrect. Please use the title currently in Report Manager for this ad request. When you resubmit, please also remove the heading line "notice of intent to consider a resolution" and change "ordinance" to "resolution" in the paragraph under the title. Minutes & Records, Please do not process the ad request until a revised ad is submitted by staff and approved by our office. "Wanda Rodriguez, ACT Advanced Certified TaraiegaC Office of the County Attorney (239)252-8400 From: KulakPatricia Sent: Tuesday, December 06, 2016 8:05 AM To: Minutes and Records Martha S. Vergara From: Rodriguez, Wanda Sent: Tuesday, December 06, 2016 9:16 AM To: Minutes and Records Cc: KulakPatricia; Bellows, Ray; Stone, Scott;Ashton, Heidi Subject: re: Advertisement Request PL20160000863 CCPC Attachments: Advertising Request.docx; Signed Ad Request_001.pdf Minutes & Records, Please remove "PETITION NO. BDE-PL20160000863 —" from the beginning of the title, as this is redundant and is not part of the resolution title being advertised. Otherwise this revised ad request is now OK to go forward, and the map included with the initial ad request may be used. Thank you, Wanda Rodriguez, MCP Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From: KulakPatricia Sent: Tuesday, December 06, 2016 8:59 AM To: RodriguezWanda; Minutes and Records Cc: BellowsRay Subject: RE: Advertisement Request PL20160000863 CCPC The title auto populates into the form from CityView, I have changed it, in the future I will discuss with the planner that the one in Cityview must match the one in Report Managers. Also,from now on would you like the "notice of intent to consider a resolution" to be removed? Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net From: RodriguezWanda Sent: Tuesday, December 06, 2016 8:52 AM To: KulakPatricia; Minutes and Records Cc: BellowsRay Subject: RE: Advertisement Request PL20160000863 CCPC Importance: High Patty, 1 December 05, 2016 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 16, 2016, and furnish proof of publication to the attention of Ray Bellows, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section] FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500172052 Account Number: 068779 Authorized Designee signature for CCPC Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., on Thursday, January 5, 2017 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: PETITION NO. BDE-PL20160000863 — A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION NUMBER BDE-PL20160000863 FOR A 67 FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FOOT LIMIT IN SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 87 FEET, TO ACCOMMODATE A NEW BOAT DOCK FACILITY WITH TWO VESSELS FOR THE BENEFIT OF LOTS 58 AND 59, ISLES OF CAPRI UNIT NO. 1 SUBDIVISION, ALSO DESCRIBED AS 14 HAWK STREET, IN SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. Copies of the proposed RESOLUTION will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, suite 401, Naples, FL, one week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, Zoning Services Section, prior to Thursday, January 5, 2017. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain, Chairman Acct #068779 December 6, 2016 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BDE-PL20160000863 — Craig & Wendy Lyon (Display Ad w/map) Dear Legals: Please advertise the above referenced notice w/map on Friday, December 16, 2016 and send the Affidavit of Publication, in duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500172052 December 05, 2016 Collier CountyPlanningCommission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 16, 2016, and furnish proof of publication to the attention of the Boards Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section] FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500172052 Account Number: 068779 Authorized Designee signature for CCPC Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., on Thursday, January 5, 2017 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION NUMBER BDE-PL20160000863 FOR A 67 FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FOOT LIMIT IN SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 87 FEET, TO ACCOMMODATE A NEW BOAT DOCK FACILITY WITH TWO VESSELS FOR THE BENEFIT OF LOTS 58 AND 59, ISLES OF CAPRI UNIT NO. 1 SUBDIVISION, ALSO DESCRIBED AS 14 HAWK STREET, IN SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. Copies of the proposed RESOLUTION will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 Tamiami Trail East, Suite 401, Naples, FL, one week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, Zoning Services Section, prior to Thursday, January 5, 2017. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain, Chairman Vs? 4 eiCN rejSits- COLLIER BLVD Martha S. Vergara From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Tuesday, December 06, 2016 10:16 AM To: Martha S. Vergara Subject: RE: BDE-PL20160000863 Lyon (CCPC 1-5-17) Confirmed receipt. From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent:Tuesday, December 06, 2016 9:29 AM To: NDN-Legals<Iegals@naplesnews.com> Subject: BDE-PL20160000863 Lyon (CCPC 1-5-17) Hello, Please advertise the following attached ad Friday, December 16, 2016. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s).It may not be used or disclosed except for the purpose for which it has been sent.If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdeskPcollierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Gori,Ivonne <Ivonne.Gori@naplesnews.com> Sent: Wednesday, December 07, 2016 8:45 AM To: Martha S. Vergara Subject: FW: 1391990 Attachments: ND-13919901egal.pdf Please find attached a proof for your review and approval. Thanks! Ivonne 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., on Thursday, January 5, 2017 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL.,to consider: A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION NUMBER BDE-PL20160000863 FOR A 67 FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FOOT LIMIT IN SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 87 FEET, TO ACCOMMODATE A NEW BOAT DOCK FACILITY WITH TWO VESSELS FOR THE BENEFIT OF LOTS 58 AND 59, ISLES OF CAPRI UNIT NO. 1 SUBDIVISION, ALSO DESCRIBED AS 14 HAWK STREET, IN SECTION 14,TOWNSHIP 51 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY,FLORIDA. V - PROJECT LOCATION03 r�Ce �j°� rn Nr- All interested parties are invited to appear and be heard. Copies of the proposed RESOLUTION will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 Tamiami Trail East, Suite 401, Naples,FL,one week prior to the scheduled hearing.Written comments must be filed with the Zoning Division,Zoning Services Section,prior to Thursday,January 5,2017. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252- 8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain,Chairman December 16,2016 ND-1391990 ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:BCC_ZONING DEPARTMENT PROOF CREATED AT: 12/6/2016 5:35 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 12/16/16 ND-1391990.INDD SIZE:3 col X 9.25 in Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, December 07, 2016 10:19 AM To: Bellows, Ray (RayBellows@colliergov.net); Rodriguez, Wanda (WandaRodriguez@colliergov.net); Ashton, Heidi; Stone, Scott Subject: BDE-PL20160000863 Lyon (CCPC 1-5-17) Attachments: N D-13919901egal.pdf Hello All, Attached is the ad proof for the CCPC on 1-5-17. Please review and let me know of any changes needed. Thanks, Martha Martha S. Vergara From: Rodriguez, Wanda Sent: Wednesday, December 07, 2016 10:26 AM To: Martha S. Vergara Cc: KulakPatricia; Bellows, Ray;Ashton, Heidi; Stone, Scott Subject: re: BDE-PL20160000863 Lyon (CCPC 1-5-17) Attachments: N D-13919901egal.pdf The ad proof looks good. -Wanda Rodriguez, MCP .Advanced Certified Paralegal Office of the County .Attorney (239) 252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Wednesday, December 07, 2016 10:19 AM To: BellowsRay; RodriguezWanda; AshtonHeidi; StoneScott Subject: BDE-PL20160000863 Lyon (CCPC 1-5-17) Hello All, Attached is the ad proof for the CCPC on 1-5-17. Please review and let me know of any changes needed. Thanks, Martha Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, December 07, 2016 10:30 AM To: 'Gori, Ivonne' Subject: RE: 1391990 Morning Ivonne, This ad proof has been reviewed and approved by the legal department. Please proceed with publishing as requested. Thanks, Martha From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent: Wednesday, December 07, 2016 8:45 AM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: FW: 1391990 Please find attached a proof for your review and approval. Thanks! Ivonne 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., on Thursday, January 5, 2017 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL.,to consider: A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION NUMBER BDE-PL20160000863 FOR A 67 FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FOOT LIMIT IN SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 87 FEET, TO ACCOMMODATE A NEW BOAT DOCK FACILITY WITH TWO VESSELS FOR THE BENEFIT OF LOTS 58 AND 59, ISLES OF CAPRI UNIT NO. 1 SUBDIVISION, ALSO DESCRIBED AS 14 HAWK STREET, IN SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY, FLORIDA. PROJECT LOCATION my tz- of fo 111116 .73 MIL 1111. All interested parties are invited to appear and be heard. Copies of the proposed RESOLUTION will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 Tamiami Trail East, Suite 401, Naples, FL, one week prior to the scheduled hearing. Written comments must be filed with the Zoning Division,Zoning Services Section,prior to Thursday,January 5,2017. I If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain, Chairman December 16, 2016 ND-1391990 .. ..`apiapLrø Balla , .'rirtirs NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/ZONING DEPARTMENT 1391990 PUBLIC HEARING-LYON 45-172052 Pub Dates December 16,2016 '-' I 2 4 fr-.e..10 1 I?‘ 6".r. (Sign ure of affiant) AVM.% GORI Sworn to and subscribed before me 4 ,r`4�M""��• This Decembe 22,2016 + �, Notary Public State of Florida ' •4 •j Commission #r FF 900870 � r My Comm.Expires Jul 16,2019 �. . • ( :" Bonded through National Notary Assn. �Ui� (Signatur of affiant) ' 26A Friday,December 16,2016 Naples Daily News NOTICE OF PUBLIC HEARING 1 NOTICE OF INTENT TO CONSIDER AN ORDINANCE i "'"° t._ . -`TW Notice is hereby given that a public hearing will be held by the Collier County Planning V _ - f .> _ Commission at 9:00 AM.,on Thursday,January 5,2017,in the Board of County �,��: .ro+s.n-.. '�iri- 1- Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East -7':-. Tamia i Trail,Naples FL.,to consider: ftehr '- -NA "� -=',=,-.--'-as-- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-10, AS AMENDED, THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT(PUD), BY AMENDING THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES A'"""" �,.,..,' _--+- AS PERMITTED USES ON TRACTS 7-10,AND 15 OF THE COMMERCIAL USE tom. Yp.. '4P >.. - AREAS,"A"PARCELS,AS SHOWN ON THE PUD MASTER PLAN;BY AMENDING MICHAEL E DES MOINES REGISTER VIA AP,FILE THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES AS PERMITTED The four-state,S3.8 billion Dakota Access pipeline crosses more than 200 water bodies, USES ON TRACTS 16-20 AND 24-25 OF THE COMMERCIAULIGHT INDUSTRIAL including the Des Moines and Raccoon rivers,which are water sources fora hag-million USES AREA"B",PARCELS AS SHOWN ON THE PUD MASTER PLAN;BY ADDING customers in the Des Moines,Iowa,area. EXHIBIT B TO FURTHER DEFINE THE AREAS THAT ALLOW THE INSTITUTIONAL USES AS PERMITTED USES;AND PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD(CR- More water sources 951)AND BECK BOULEVARD IN SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST,AND SECTION 2,TOWNSHIP 50 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA at risk along pipeline ' m m _" DAVID PITT sures in place," Des Moines Water 1 �`",--1 «". ASSOCIATED PRESS Works CEO Bill Stowe said. Energy Transfer Partners counters ,_ ,",4,„", PROJECT DES MOINES,Iowa-A Native Amer- that the 1,170-mile pipeline will be safe, �" LOCATION icon tribe's fight over its water source with devices placed throughout to track �� -'"'" - has grown into an international cause, pressure, temperature, density and r''.-- „..1.0,; with all attention focused on the Dakota flow that'll be monitored around the ' � Access pipeline's route in southern clock by people who can remotely shut if _ , """°' A North Dakota.But contractors on the off oil flow.Such emergency valves are J ggt V'"7''.ND I project, which passes through three on either side of the Des Moines and I other states,have been drilling under Raccoon rivers, ETP spokeswoman and through rivers that are equally Vicki Granado said. All interestedparties are invited to critical water sources for hundreds of Pipe was laid early this month underappear and be heard. Copies of the proposed ORDINANCE of people. the Des Moines River,and the route also will be made available for inspection at the Collier County Clerk's Office, One city managed to avoid the situs- crosses the Raccoon or its tributaries at Fourth Floor,Collier County Government Center,3299 East Tamiami Trail,Suite 401, tion-Bismarck,North Dakota,the three locations upstream from Des Naples,FL,one week prior to the scheduled hearing.Written comments must be filed center of government in the oil-rich Moines,a city of more than 200,000 rest- with the Zoning Division,Zoning Services Section,prior to Thursday,January 5,2017. state and home to 67,000 people.Others, dents. including Des Moines,Iowa,didn't,de- Stowe,whose utility has a half-mil- If a person decides to appeal any decision made by the Collier County Planning spite protests that led to arrests. lion customers,said there is a plan to Commission with respect to any matter considered at such meeting or hearing,he will At issue is whether a breach in the deal with an oil leak,and he works with need a record of that proceeding,and for such purpose he may need to ensure that a $3.8 billion project,being built by Dal- the U.S.Department of Transportation verbatim record of the proceedings is made,which record includes the testimony and las-based parent company Energy to ensure regular inspections and ap- evidence upon which the appeal is to be based. Transfer Partners,will affect drinking propriate flow-stopping measures. water,given that it crosses more than The Dakota Access pipeline also If you are a person with a disability who needs any accommodation in order to 200 water bodies,including the Des crosses underneath the Mississippi participate in this proceed ng,you are entitled,at no cost to you,to the provision of Moines and Raccoon rivers.While util- River,which is a source of water for certain assistance.Please contact the Collier County Facilities Management Division, ity officials in Iowa acknowledge it's about 4,000 people in the southeast cor- located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252- likely there'll be an issue N the future, iter of Iowa and close to aWater-treat• 8380at least two days prior to the meeting.Assisted listening devices for the hearing they're confident a leak won't affect the ment plant for the city of Keokuk.The imp,aired are available in the Board of County Commissioners Office. quality of the water. utility's officials voiced concerns to the "I think it's important to note that it Iowa Utilities Board,telling them that a isn't a matter of if there'll be eventually preferred route would be south of the Collier County Planning Commission some kind of leak or rupture of the pipe- city's intake, but the route wasn't Mark Strain,Chairman line,it's a matter of when,and so we cer- changed.A leak could reach the intake tainly want to be vigilant and have mea- within an hour. December 16,2016 ND-1393738 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M.,on Thursday,January 5,2017 in the Board of County Notice is hereby given that on Thursday,January 5,2017,in the Board of County Commissioners Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Meeting Room,3rd Floor,Building"F,"Collier County Government Center,3299 Tamiami Trail East,Naples,Florida 34112,the Collier County Planning Commission,sitting as the local Tamiami Trail,Naples FL.,to consider planning agency and as the Environmental Advisory Council,will consider amendments to the Collier County Land Development Code.The meeting will commence at 9:00 a.m.The title of the A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO proposed ordinance n as follows: PETITION NUMBER BDE-PL20160000863 FOR A 67 FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FOOT LIMIT IN SECTION 5.03.06 OF THE COLLIER AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 87 FEET, COUNTY,FLORIDA,AMENDING ORDINANCE NUMBER 04-41,AS AMENDED, TO ACCOMMODATE A NEW BOAT DOCK FACILITY WITH TWO VESSELS FOR THE THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED BENEFIT OF LOTS 58 AND 59,ISLES OF CAPRI UNIT NO.1 SUBDIVISION,ALSO AREA OF COLLIER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE, DESCRIBED AS 14 HAWK STREET,IN SECTION 14,TOWNSHIP 51 SOUTH,RANGE RECITALS;SECTION TWO,FINDINGS OF FACT;SECTION THREE,ADOPTION 26 EAST,IN COLLIER COUNTY,FLORIDA OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING THE FOLLOWING:CHAPTER TWO-ZONING DISTRICTS AND USES, '' P Q - INCLUDING SECTION 203.08 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 203.09 OPEN SPACE ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS;CHAPTER FIVE-SUPPLEMENTAL STANDARDS,ADDING SECTION r 5,05.15 CONVERSION OF GOLF COURSES;CHAPTER SIX-INFRASTRUCTURE PROJECT (Irk// IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS,ADDING LOCATION Q SECTION 505.03 STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING UNITS,AND DUPLEXES;CHAPTER TEN-APPLICATION, s VPmJ REVIEW,AND DECISION-MAKING PROCEDURES,INCLUDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; �� SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX, c o EFFECTIVE DATE. a U will uel.d ft-TI soros n '+, r111�� 11.1. All interested parties are invited to appear and be heard. Copies of the proposed S ,^"t,� RESOLUTION will be made available for inspection at the Collier County Clerk's office, -. \ F fourth floor,Collier County Government Center,3299 Tamiami Trail East,Suite 401, ¢ ,*I Naples,FL,one week prior to the scheduled hearing.Written comments must be filed 1 -.iwf; with the Zoning Division,Zoning Services Section,prior to Thursday,January 5,2017. -�`;''%='�y�;''yam If a person decides to appeal any decision made by the Collier County Planning �'" _ Commission with respect to any matter considered at such meeting or hearing,he will All interested parties are invited to appearand be heard.Copies of the proposed amendments need a record 01 that proceeding,and for such purpose he may need to ensure that a are available for parrthinspection in the Zoning and Land Development Review Section,Growth verbatim record of the proceedings is made,which record includes the testimony and Management Department,2800 N.Horseshoe Dive,Naples,Florida,between the hours of 8:00 evidence upon which the appeal is to be based. A.M.and 5:00 P.M.,Monday through Friday. Furthermore,materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Govemment If you are a person With a disability who needs any accommodation in order to Center,East Naples,one week poor to the scheduled hearing. participate in this proceeding,you are entitled,at no cost to you,to the provision of If you area person with a disability who needs any accommodation in order to participate in this certain assistance. Please contact the Collier County Facilities Management Division, proceeding,you aro entitled,at no cost to you,to the provision of certain assistance.Please located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252- contact the Collier County Facilities Management Division,at 3335 Tamiami Trail East,Suite 101, 8380,at least two days prior to the meeting.Assisted listening devices for the hearing Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening impaired are available in the Board of County Commissioners Office. devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Collier County Planning Commission Mark Strain,Chairman Mark Strain,Chairman December 16,2016 NO-1391990 December 16,2016 ND-1396684 CPC January 5, 2017 Jrd. Amending Ord. 2004-41 .DC Amendments v COLLIER COUNTY FLORIDA • '' REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) Originating Dept/Div: Operations and Regulatory Management Person: Caroline Cilek,LDC Manager Date: Wednesday, December 7,2016 Petition No. (If none, give brief description): N/A Petitioner: (Name&Address): N/A Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above Hearing before BCC BZA Other: CCPC Requested Hearing date: Thursday,January 5,2017 Notice to run: Friday,December 16,2016 Notice to run not later than: Friday,December 16,2016 Newspaper(s)to be used: (Complete only if important): X Naples Daily News E Other X Legally Required Proposed Text: (Include Title of the Ordinance/Resolution(or just write in see attached document),legal description,common location&size): Please see attached legal ad. Please publish the following public notice and map in your edition on Friday, December 16,2016. Please furnish proof of publication of each advertisement to the Collier County Growth Management Department, Division of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek Companion petition(s),if any&proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes,what account should be charged for advertising costs: Department: Land Development Services,Zoning Review Section; Fund&Cost Center: 131-138909-634999; Purchase Order Number: 4500163243; Account Number: 068779 P.O.#4500163243 Reviewed by: ;l 1 Divisioty9mistrawr or Designee Date'' m List Attachments: Legal Ad.Proposed Ordinance to be furnished closer to the hearing date. DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑Requesting Division D Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONL / Date Received: j / Date of Public hearing: 1 Date Advertised /.))(///b December 7, 2016 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice and map in your edition on Friday, December 16, 2016. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek. NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday,January 5, 2017, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 a.m. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, ADDING SECTION 5.05.15 CONVERSION OF GOLF COURSES; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS, ADDING SECTION 6.05.03 STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING UNITS, AND DUPLEXES; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [Insert County Map] All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Department, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Mark Strain, Chairman la 11113i4U7''Y Acct. #068779 December 8, 2016 Attn: Legals Naples Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Amending the Collier County LDC (Ad w/MAP) Dear Legals, Please advertise the above referenced notice (w/MAPS) on Thursday, December 16, 2016 and send the Affidavit of Publication, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500172052 NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday, January 5, 2017, in the Board of County Commissioners Meeting Room, 3' Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 a.m. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, ADDING SECTION 5.05.15 CONVERSION OF GOLF COURSES; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS, ADDING SECTION 6.05.03 STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING UNITS, AND DUPLEXES; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [Insert County Map] All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Department, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Mark Strain, Chairman 1s t1P towoilb ,ar or Martha S. Vergara From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Thursday, December 08, 2016 8:58 AM To: Martha S.Vergara Subject: RE: Ord Amending Ord 04-41 LDC Amendments (CCPC 1-5-17) Confirmed receipt. From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent:Thursday, December 08, 2016 8:57 AM To: NDN-Legals<legals@naplesnews.com> Subject: Ord Amending Ord 04-41 LDC Amendments (CCPC 1-5-17) Hello, Please advertise the following attached ad Friday, December 16, 2016. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Monday, December 12, 2016 10:41 AM To: Martha S.Vergara Subject: FW: 1396684 Attachments: ND-13966841egal.pdf Please see attached proof for your review and approval. Thanks! Ivonne 1 NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday,January 5,2017,in the Board of County Commissioners Meeting Room,3rd Floor,Building"F,"Collier County Government Center,3299 Tamiami Trail East, Naples, Florida 34112,the Collier County Planning Commission will consider amendments to the Collier County Land Development Code.The meeting will commence at 9:00 a.m.The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:CHAPTER TWO-ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS;CHAPTER FIVE-SUPPLEMENTAL STANDARDS,ADDING SECTION 5.05.15 CONVERSION OF GOLF COURSES; CHAPTER SIX-INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS,ADDING SECTION 6.05.03 STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING UNITS,AND DUPLEXES;CHAPTER TEN-APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES,INCLUDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. nal Mel CON County !i. inMAIIIIMIIIIl 4k b- liM All interested parties are invited to appear and be heard.Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section,Growth Management Department,2800 N.Horseshoe Drive,Naples,Florida,between the hours of 8:00 A.M.and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Government Center,East Naples,one week prior to the scheduled hearing. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division,at 3335 Tamiami Trail East,Suite 101, Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Mark Strain,Chairman December 16,2016 ND-1396684 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:BCC_ZONING DEPARTMENT PROOF CREATED AT: 12/8/2016 7:19 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 12/16/16 ND-1396684.INDD SIZE:3 col X 9.25 in Martha S. Vergara From: Rodriguez, Wanda Sent: Monday, December 12, 2016 11:04 AM To: Martha S. Vergara Cc: Cilek, Caroline; Ashton, Heidi; Stone, Scott; FrantzJeremy Subject: re: Ord. Amending Ord. 04-41 LDC Amendments Attachments: ND-13966841egal.pdf The proof looks good, thank you! Wanda Rodriguez, ACP Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, December 12, 2016 10:58 AM To: CilekCaroline; RodriguezWanda; AshtonHeidi Subject: Ord. Amending Ord. 04-41 LDC Amendments Morning All, Attached is the ad proof for the aforementioned ad. Please review and let me know if there are any changes needed. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(a�collierclerk.com Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Martha S. Vergara Sent: Monday, December 12, 2016 11:19 AM To: 'Gori, Ivonne' Subject: RE: 1396684 Morning Ivonne, This ad has been reviewed and approved by the legal department. Please proceed with publishing as requested. Thanks, Martha From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent: Monday, December 12, 2016 10:41 AM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: FW: 1396684 Please see attached proof for your review and approval. Thanks! Ivonne 1 Martha S. Vergara From: Rodriguez, Wanda Sent: Wednesday, December 14, 2016 1:38 PM To: Martha S. Vergara; Minutes and Records Cc: Cilek, Caroline; Ashton, Heidi; FrantzJeremy; Stone, Scott Subject: RE: Ord. Amending Ord. 04-41 LDC Amendments Attachments: N D-13966841egal.pdf Importance: High Martha, Due to direction received today from the Natural Resources division, we need to request the following change be made to this ad, which is scheduled to run on Friday 12/16: Notice is hereby given that on Thursday, January 5, 2017, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission, sitting as the local planning agency and as the Environmental Advisory Council, will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 a.m. The title of the proposed ordinance is as follows: Apologies for the late change, but we were just informed of this. Thank you, "Wanda'Rodriguez, MCP .Advanced Certified Paralegal Office of the County .Attorney (239)252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, December 12, 2016 10:58 AM To: CilekCaroline; RodriguezWanda; AshtonHeidi Subject: Ord. Amending Ord. 04-41 LDC Amendments Morning All, Attached is the ad proof for the aforementioned ad. Please review and let me know if there are any changes needed. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court 1 Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, December 14, 2016 1:39 PM To: Rodriguez, Wanda Subject: RE: Ord. Amending Ord. 04-41 LDC Amendments Ok, what about the other's for that meeting day? From; Rodriguez, Wanda Sent: Wednesday, December 14, 2016 1:38 PM To: Martha S.Vergara <Martha.Vergara@collierclerk.com>; Minutes and Records <MinutesandRecords@collierclerk.com> Cc: Cilek, Caroline<CarolineCilek@colliergov.net>; Ashton, Heidi <HeidiAshton@colliergov.net>; FrantzJeremy <JeremyFrantz@colliergov.net>; Stone, Scott<ScottStone@colliergov.net> Subject: RE: Ord. Amending Ord. 04-41 LDC Amendments !rnportance: High Martha, Due to direction received today from the Natural Resources division, we need to request the following change be made to this ad, which is scheduled to run on Friday 12/16: Notice is hereby given that on Thursday, January 5, 2017, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission, sitting as the local planning agency and as the Environmental Advisory Council, will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 a.m. The title of the proposed ordinance is as follows: Apologies for the late change, but we were just informed of this. Thank you, Wanda Rodriguez, MCT Advanced Certified ParafegaC Office of the County Attorney (239) 252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@icollierclerk.com] Sent: Monday, December 12, 2016 10:58 AM To: CilekCaroline; RodriguezWanda; AshtonHeidi Subject: Ord. Amending Ord. 04-41 LDC Amendments Morning All, Attached is the ad proof for the aforementioned ad. 1 Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, December 14, 2016 1:55 PM To: Gori, Ivonne (ivonne.gori@naplesnews.com) Subject: FW: Revision requested - RE: 1396684 Importance: High Hi Ivonne, Even though this was already approved by the legal department they are requiring a revision to the ad ... please include the following highlighted to line 3 and send a revised ad proof: Currently reads: Naples, Florida 34112, the Collier County Planning Commission will consider amendments to NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday, January 5, 2017, in the Bo. 0 0 County Commis: Meeting Room, 3rd Floor, Building "F," Collier County Govemme' enter, . Tamiami TrE Naples, Florida 34112, the Collier County Planning Commi ion will cons k -r amendm the Collier County Land Development Code. The meeting will ommence at * a.m. The the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIE COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDEI THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDE Should read: Naples, Florida 34112, the Collier County Planning Commission, sitting as the local planning agency and as the Environmental Advisory Council, will consider amendments to Thanks, Martha From: Martha S. Vergara Sent: Monday, December 12, 2016 11:19 AM To: 'Gori, Ivonne' <Ivonne.Gori@naplesnews.com> Subject: RE: 1396684 1 Martha S. Vergara From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Thursday, December 15, 2016 11:06 AM To: Martha S. Vergara Subject: FW: Revision requested - RE: 1396684 Attachments: ND-13966841ega1-rev.pdf Importance: High Revised proof attached, Thanks! 1 NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday,January 5,2017,in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission, sitting as the local planning agency and as the Environmental Advisory Council, will consider amendments to the Collier County Land Development Code.The meeting will commence at 9:00 a.m.The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:CHAPTER TWO—ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS;CHAPTER FIVE—SUPPLEMENTAL STANDARDS,ADDING SECTION 5.05.15 CONVERSION OF GOLF COURSES;CHAPTER SIX—INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS,ADDING SECTION 6.05.03 STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING UNITS,AND DUPLEXES;CHAPTER TEN—APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES,INCLUDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. jell 1 Florida 1,11 .11161 colder County lii� � � 11111 V 17 O I 40V 4.L 1.F11411 1 All interested parties are invited to appear and be heard.Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section,Growth Management Department,2800 N.Horseshoe Drive,Naples,Florida,between the hours of 8:00 A.M.and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Government Center,East Naples,one week prior to the scheduled hearing. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division,at 3335 Tamiami Trail East,Suite 101, Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Mark Strain,Chairman December 16,2016 ND-1396684 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:BCC_ZONING DEPARTMENT PROOF CREATED AT: 12/15/2016 10:25 AM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 12/16/16 ND-1396684.INDD SIZE:3 col X 9.25 in Martha S. Vergara From: Martha S. Vergara Sent: Thursday, December 15, 2016 11:17 AM To: Rodriguez, Wanda; Ashton, Heidi; Cilek, Caroline; FrantzJeremy (JeremyFrantz@colliergov.net); Stone, Scott Subject: LDC Amendments ad revision - CCPC on 1/5/17 Attachments: ND-13966841ega1-rev.pdf Morning All, Attached is the revision for the aforementioned ad proof. Please let me know if there are any other changes needed. Also, be aware that I will be out of the office next week so approval before tomorrow afternoon would be appreciated. Thanks, Martha 1 Martha S. Vergara From: Ashton, Heidi Sent: Thursday, December 15, 2016 11:18 AM To: Martha S.Vergara Subject: Out of Office: LDC Amendments ad revision - CCPC on 1/5/17 I am currently at the Planning Commission meeting and will return this afternoon. If you need immediate assistance, please contact Kathy Crotteau at 252-6052 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Martha S. Vergara From: Crotteau, Kathynell Sent: Thursday, December 15, 2016 11:31 AM To: Martha S.Vergara Subject: RE: LDC Amendments ad revision - CCPC on 1/5/17 Thanks O From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Thursday, December 15, 2016 11:29 AM To: CrotteauKathynell Subject: FW: LDC Amendments ad revision - CCPC on 1/5/17 Sorry Kathy, Didn't mean to leave you out of the loop. Martha From: Martha S.Vergara Sent:Thursday, December 15, 2016 11:17 AM To: Rodriguez, Wanda <WandaRodriguez@colliergov.net>;Ashton, Heidi <HeidiAshton@colliergov.net>; Cilek, Caroline <CarolineCilek@colliergov.net>; FrantzJeremy(JeremyFrantz@colliergov.net)<JeremyFrantzCc@colliergov.net>; Stone, Scott<ScottStone@colliergov.net> Subject: LDC Amendments ad revision -CCPC on 1/5/17 Morning All, Attached is the revision for the aforementioned ad proof. Please let me know if there are any other changes needed. Also, be aware that I will be out of the office next week so approval before tomorrow afternoon would be appreciated. Thanks, Martha Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Rodriguez, Wanda Sent: Thursday, December 15, 2016 11:30 AM Martha S. Vergara Cc: Ashton, Heidi; Cilek, Caroline; FrantzJeremy; Stone, Scott Subject: RE: LDC Amendments ad revision - CCPC on 1/5/17 Good to go, thank you! -Wanda Rodriguez, .ACP .Advanced Certified ParaCegaf Office of the County attorney (239)252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Thursday, December 15, 2016 11:17 AM To: RodriguezWanda; AshtonHeidi; CilekCaroline; FrantzJeremy; StoneScott Subject: LDC Amendments ad revision - CCPC on 1/5/17 Morning All, Attached is the revision for the aforementioned ad proof. Please let me know if there are any other changes needed. Also, be aware that I will be out of the office next week so approval before tomorrow afternoon would be appreciated. Thanks, Martha Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday,January 5,2017,in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail i East, Naples, Florida 34112, the Collier County Planning Commission, sitting as the local planning agency and as the Environmental Advisory Council, will consider amendments to the Collier County Land Development Code.The meeting will commence at 9:00 a.m.The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:CHAPTER TWO-ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS;CHAPTER FIVE-SUPPLEMENTAL STANDARDS,ADDING SECTION 5.05.15 CONVERSION OF GOLF COURSES; CHAPTER SIX- INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS,ADDING SECTION 6.05.03 STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING UNITS,AND DUPLEXES;CHAPTER TEN-APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES,INCLUDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. jrall 11 ` carr County 1111161 Florida lIai Li:1MlIII1� All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section,Growth Management Department,2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Government Center,East Naples,one week prior to the scheduled hearing. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division,at 3335 Tamiami Trail East,Suite 101, Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Mark Strain,Chairman December 16,2016 ND-1396684 .. ..`apiapLrø Battu rutEi NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/ZONING DEPARTMENT 1396684 NOTICE OF INTENT 45-172052 Pub Dates December 16,2016 /�c (Sign ure of affiant) gwilirdhombdordibmaimalafteduimaiiir Sworn to and subscribed before me 4 ;0":►e.,, IVONNE GOBI This Decembe 22,2016 1 Notary Public-State of Florida •I al •= Commission *FF 900070 `dc�r My Comm.Expires Jul 16,2019 I �' �i�..0 Bondedthrough Mallow/Notary Assn. (Signatur of affiant) ' 26A Friday,December 16,2016 Naples Daily News NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE '}' ' ^-- ': Notice w hereby given that a public hearing will be held by the Collier County Planning _ ,t,.. Commission at 9:00 AM.,on Thursday,January 5,2017,in the Board of County t N.'-7t.. ..... Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East .„• y..;ase _ ,.- Tamia i Trail,Naples FL.,to consider. -.a� _ ~`.T-- " -' AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER ' COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-10, AS AMENDED, '/,•-' BY - -., '--... THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT(PUD), / BY AMENDING THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES �v l* „7,,,c - AS PERMITTED USES ON TRACTS 7-10,AND 15 OF THE COMMERCIAL USE - _ AREAS,"A"PARCELS,AS SHOWN ON THE PUD MASTER PLAN;BY AMENDING MICHAEL ZAMORA?er DES MOINES REGISTER VIA AR RIE THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES AS PERMITTED The four-state,53.8 billion Dakota Access pipeline crosses more than 200 water bodies, USES ON TRACTS 16-20 AND 24-25 OF THE COMMERCIAL/LIGHT INDUSTRIAL including the Des Moines and Raccoon rivers,which are water sources for a half-million USES AREA"B",PARCELS AS SHOWN ON THE PUD MASTER PLAN;BY ADDING customers in the Des Moines,Iowa,area. EXHIBIT B TO FURTHER DEFINE THE AREAS THAT ALLOW THE INSTITUTIONAL USES AS PERMITTED USES;AND PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY 15 LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD(CR- More water sources 951)AND BECK BOULEVARD IN SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST,AND SECTION 2,TOWNSHIP 50 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA. at risk along pipeline m DAVID PITT sures in place," Des Moines Water " ASSOCIATED PRESS Works CEO Bill Stowe said. L " Energy Transfer Partners counters ,,, g ;",,,„,„, enamor DES MOINES,Iowa-A Native Amer- that the 1,170-mile pipeline will be safe, --g L. '" LOCATION ican tribe's fight over its water source with devices placed throughout to track 91 " "2:" has grown into an international cause, pressure, temperature, density and 1�' ."� -!w. .,",.,^"E ".", with all attention focused on the Dakota flow that'll be monitored around the ". g-°". t Access pipeline's route in southern clock by people who can remotely shut ''''' ,I"'"' j® , 7 North Dakota.But contractors on the off oil flow.Such emergency valves are r ..,a project,which passes through three on either side of the Des Moines and "°°' i other states,have been drilling under Raccoon rivers, ETP spokeswoman and through rivers that are equally Vicki Granado said. All interested parties are invited to appear and be heard. Copies of the proposed critical water sources for hundreds of Pipe was laid early this month under thousands of people. the Des Moines River,and the route also ORDINANCE will be made available for inspection at the Collier County Clerk's Office, One city managed to avoid the situa- crosses the Raccoon or its tributaries at Fourth Floor,Collier County Government Center,3299 East Tamiami Trail,Suite 401, tion-Bismarck,North Dakota,the three locations upstream from Des Naples,FL,one week prior to the scheduled hearing.Written comments must be filed center of government in the oil-rich Moines,a city of more than 200,000 resi- with the Zoning Division,Zoning Services Section,prior to Thursday,January 5,2017. state and home to 67,000 people.Others, dents. including Des Moines,Iowa,didn't,de- Stowe,whose utility has a half-mil- If a person decides to appeal any decision made by the Collier County Planning spite protests that led to arrests. lion customers,said there is a plan to Commission with respect to any matter considered at such meeting or hearing,he will At issue is whether a breach in the deal with an oil leak,and he works with need a record of that proceeding,and for such purpose he may need to ensure that a $3.8 billion project,being built by Dal- the U.S.Department of Transportation verbatim record of the proceedings is made,which record includes the testimony and las-based parent company Energy to ensure regular inspections and ap- evidence upon which the appeal is to be based. Transfer Partners,will affect drinking propriate flow-stopping measures. water,given that it crosses more than The Dakota Access pipeline also If you are a person with a disability who needs any accommodation in order to 200 water bodies,including the Des crosses underneath the Mississippi participate in this proceeding,you are entitled,at no cost to you,to the provision of Moines and Raccoon rivers.While util- River,which is a source of water for certain assistance.Please contact the Collier County Facilities Management Division, ity officials in Iowa acknowledge it's about 4,000 people in the southeast cor- located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252- likely there'll be an issue in the future, ner of Iowa and close to a water-treat- 8380,at least two days prior to the meeting.Assisted listening devices for the hearing they're confident a leak won't affect the ment plant for the city of Keokuk.The impaired are available in the Board of County Commissioners Office. quality of the water. utility's officials voiced concerns to the "I think it's important to note that it Iowa Utilities Board,telling them that a isn't a matter of if there'll be eventually preferred route would be south of the Collier County Planning Commission some kind of leak orrupture of the pipe- city's intake, but the route wasn't Mark Strain,Chairman line,it's a matter of when,and so we cer- changed.A leak could reach the intake tainly want to be vigilant and have mea- within an hour. December 16,2016 ND-1393738 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby g von that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M.,on Thursday,January 5,2017 in the Board of County Notice is hereby given that on Thursday,January 5,2017,in the Board of County Commissioners Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Meeting Room,3rd Floor,Building"F"Collier County Government Center,3299 Tamiami Trail Tamiami Trail,Naples FL.,to consider East,Naples,Florida 34112,the Collier County Planning Commiesion,sifting as the local planning agency and as the Environmental Advisory Council,will consider amendments to the Collier County Land Development Code.The meeting will commence at 9:00 am.The title of the I A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO proposed ordinance is as follows: PETITION NUMBER BDE-PL20160000063 FOR A 67 FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FOOT LIMIT IN SECTION 5.03.06 OF THE COLLIER AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 87 FEET, COUNTY,FLORIDA,AMENDING ORDINANCE NUMBER 04-41,AS AMENDED, TO ACCOMMODATE A NEW BOAT DOCK FACILITY WITH TWO VESSELS FOR THE THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED BENEFIT OF LOTS 58 AND 59,ISLES OF CAPRI UNIT NO.1 SUBDIVISION,ALSO AREA OF COLLIER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE, DESCRIBED AS 14 HAWK STREET,IN SECTION 14,TOWNSHIP 51 SOUTH,RANGE RECITALS;SECTION TWO,FINDINGS OF FACT SECTION THREE,ADOPTION 26 EAST,IN COLLIER COUNTY,FLORIDA. OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING THE FOLLOWING:CHAPTER TWO-ZONING DISTRICTS AND USES, U -- INCLUDING SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS; CHAPTER THREE- RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS;CHAPTER FNE-SUPPLEMENTAL STANDARDS,ADDING SECTION 5.05.15 CONVERSION OF GOLF COURSES;CHAPTER SIX-INFRASTRUCTURE PROJECT IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS,ADDING LOCATION SECTION 8.05.03 STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING UNITS,AND DUPLEXES;CHAPTER TEN-APPLICATION, II mom/ REVIEW,AND DECISION-MAKING PROCEDURES,INCLUDING SECTION 10.03.06 _ PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; �� SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX, v EFFECTIVE DATE. 0, S 0 m �� r �� eA..e.e.hl OP. O la P illit":n "� 'ilIUI "�II�I: All interested parties are invited to appear and be heard. Copies of the proposed "t�� RESOLUTION will be made available for inspection at the Collier County Clerk's office, c w't� fourth Floor,Collier County Government Center,3299 Tamiami Trail East,Suite 401, t� Naples,FL,one week prior to the scheduled hearing.Written comments must be filed r - with the Zoning Division,Zoning Services Section,prior to Thursday,January 5,2017. �','`'� If a person decides to appeal any decision made by the Collier County Planning , L�_ Commission with respect to any matter considered at such meeting or hearing,he will All interested parties are invited to appear and be heard.Copies of the proposed amendments need a record of that proceeding,and for such purpose he may need to ensure that a are available for public inspection in the Zoning and Land Development Review Section,Growth verbatim record of the proceedings is made,which record includes the testimony and Management Department,2800 N.Horseshoe Drive,Naples,Florida,between the hours of 8:00 evidence upon which the appeal is to be based. A.M.and 5:00 P.M.,Monday through Friday. Furthermore,materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Government If you are a person with a disability who needs any accommodation in order to Center,East Naples,one week prior to the scheduled hearing. participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division, If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252- contact the Collier County Facilities Management Division,at 3335 Tamiami Trail East,Suite 101, 8380,at least two days prior to the meeting.Assisted listening devices for the hearing Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening impaired are available in the Board of County Commissioners Office. devices for the hewing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Collier County Planning Commission Mark Strain,Chairman Mark Strain,Chairman December 16,2016 ND-1391990 December 10,20t6 ND-1396684 Agenda Item 9-C Co ler County Ccpc //sl17 Growth Management Department Development Review Division December 28, 2016 Dear Planning Commissioners, There are two LDC amendments for your review and consideration at the January 5, 2017 meeting: 1. LDC section 2.03.09 Golf Course(GC)Zoning District.This amendment follows Board direction and adds to the list of permitted and conditional uses in the GC zoning district. 2. LDC sections 2.03.06&5.05.15 Conversion of Golf Courses(new section). This amendment follows Board direction and introduces a new LDC section to address the conversion of golf courses to non-golf uses.The amendment establishes a new public outreach process and design standards for the proposed development to provide compatibility with existing residential uses. Following the hearing on January 5, 2017,there are two additional CCPC hearings scheduled for review of LDC amendments on: 1. Thursday,January 19, 2017, at 9:00 a.m., and 2. Monday,January 30, 2017, at 5:05 p.m. Please feel free to contact me if you have any questions about the proposed changes to the LDC amendment request. Sincerely, Caroline Cilek carolinecilek@colliergov.net (239) 252-2485 `ter n 1 Development Review Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2400•www.coiliegovnet Co 787 County Growth Management Department Development Review Division Follow up to LDC Amendment 5.05. 15 Conversion of Golf Courses At the December 15th Planning Commission,the Commissioners requested additional materials to support and justify the proposed LDC amendment 5.05.15 Conversion of Golf Courses. Staff has compiled the following information. 1. Research on the impact of a "golf course view" on property values Staff conducted a brief review of reports and literature on the economic value of green space on residential properties, in particular golf courses. In addition, staff reached out to the Collier County Property Appraiser to provide county specific data regarding the view amenity premiums within the community. A. Overview of Literature Open space, including golf courses and greenways, provide numerous benefits to the whole community including providing scenic views, reducing air pollution, flood control, wildlife habitat, improving water -- quality, and supporting healthy living. In addition, there are studies and reports that expound on the economic value associated with open spaces, identified as the "incremental value a property receives from its proximity to open space is variously referred to as the open space property value premium ... or amenity premium" (Kroeger, 2008, p. 1). Staff uses the latter for discussion purposes. A report funded by the National Council for Science and the Environment, states there are numerous factors that influence the extent of impact open space has on property value premiums. First, literature findings support that the value of open space depends on the type, size, and type of vegetation cover, general attractiveness, and distance to property. The general rule of thumb is that the closer the open space is to the property,the higher the amenity premium.Another important factor is the confidence, or lack thereof,that the open space will remain in perpetuity. One frequently cited study identified that parks and open spaces have a positive impact on property values. The study was conducted in Portland, Oregon and the researchers found that residential properties within 1,500 feet of natural forest areas experienced an average of$10,648 increase,compared to $5,657 for specialty parks, $8,849 for golf courses and $1,214 for urban parks in 1990 dollars. The researchers found natural areas and specialty parks had a "positive and statistically significant effect" (Kroeger, 2008, p. A4-16) on a home's sale price. The authors noted that residences adjacent to a golf course (200 ft.) were estimated to enjoy the largest increase in the sale price because of their proximity to the open space. 2 Development Review Division•2800 Noll Horseshoe Dire•Naples,Florida 34104.239-252-2400•www.colliergovriet Co ler County Growth Management Department Development Review Division Further, the National Park Service published a resource book in 1995, titled Economic Impacts of Protecting Rivers, Trails and Greenway Corridors and it reports there are many localized studies done on the property value premiums attributed to the proximity to open space,supporting the positive influence of open space on property values. In summary,there is evidence from a wide array of studies examining the amenity premiums associated with open space that show that preserving open space creates economic and community value. Resources: Active Living Research.(2010).The Economic Benefits of Open Space,Recreation Facilities and Walkable. Robert Wood Johnson Foundation, San Diego State University,San Diego,CA.Retrieved from:http://activelivingresearch.org/economic-benefits-open-space-recreation-facilities- and-walkable-community-design Kroeger,Timm.(2008).Open Space Property Value Premium Analysis.Defenders of Wildlife and National Council for Science and the Environment—2006 Wildlife Habitat Policy Research Program.Retrieved from http://www.defenders.org/publications/open space property value premium analysis.pdf U.S.Department of the Interior,National Park Service(1995).Economic Impacts of Protecting Rivers,Trails and Greenway Corridors.Rivers, Trails and Conservation Assistance—National Park Service.Fourth Edition,Revised.Retrieved from https://www.nps.gov/pwro/rtca/econ all.pdf B. Collier County Property Appraiser Data Staff reached out to the Director of Real Estate/Appraisal Assessment Analyst with the Collier County Property Appraiser and obtained sales data of residential properties within golf course communities from January 1, 2012 through December 5, 2016.The following information an overview of the data, analysis of the data, and staff's findings. Overview of Data • The data set included twelve established communities that were built 15 or more years ago. • The data set included four Golf Course zoned properties and eight PUD zoned properties. • The data set comprised a range of residential price points and courses located in different geographical areas of the County. • The data set excluded vacant unimproved land sales. • The Director of Real Estate/Appraisal Assessment Analyst with the Collier County Property Appraiser stated the residential price per adjusted square feet represents a publicly recorded sale price of which a home is generally assessed at 100% value for the first floor air conditioned residential area,at 70%for the second floor air conditioned and the garage area,and 40%to 70% for porch areas. • The data set excluded view amenities that incurred less than 10 sales transactions: Creek (7), Institutional (4), Common Area (3), Conservation (3), Highway (3), River(2), and Club. • Several view amenities were combined to address subjectivity and variation within the staff of the Collier County Property Appraiser determination of view types. This was done with the support of Director of Real Estate/Appraisal Assessment Analyst. ' ' ti;<4. 3 Development Review Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2400 •umw.coliergovnet cote'PP County Growth Management Department Development Review Division Data for 10 View Amenity Types for Residential Properties in Golf Course Communities in Collier County View Amenity ! #of Percent Total Sale Total Price Per Percent Rank Types Sales of Total Amount Adjusted Adjusted Attributed Sales Sq.Ft. Sq.Ft. 1 to Amenity Lake 1760 30% _--- Premium $544,319,300 2,458,626 $221 53% 1 Preserve and 209 8% $144,126,200 682,850 $211 47% 2 Natural Area Landscape,Buffer, 85 3% $46,797,600 252,345 $189 31% 3 Green Space,and Green Belt(Green Space) Golf 899 35% $495,027,500 2,628,125 $188 31% 4 Privacy Wall 46 2% $28,283,000 159,759 $177 23% 5 Street 1 49 2% $17,294,400 111,329 $155 8% 6 Drainage , 24 1% $9,242,400 62,996 I! $147 2% 7 ; Easement j Single Family 461 18% $169,673,199 1,181,931 $144 Control 8 Canal 24 1% $9,185,700 68,550 $134 -7% 9 Recreation Area , 15 1% r $3,708,500 32,127 $115 -20% 10 Totals 12,572 1$ 1,467,657,799 7,638,638 1 1 Averages I $570,629 2,970 $192 = Analysis • For each view amenity,the Total Sales Amount was divided by the Total Adjusted Square Feet to arrive at a Price Per Adjusted Square Feet for each view amenity.This was used to compare other view amenities. For example, a single family view amenity: $169,673,199/1,181,931 = $144 per square foot. • To assess the amenity premium, in particular golf courses and green space views,staff compared all amenity premiums with the single family view. This results in the "Percent Attributed to Amenity Premium." For example, the golf course amenity premium is 31% more than a single family view: ($188-$144)/$144=31% Development Review Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2400 •vwv w.coliergovnet Co ler County Growth Management Department Development Review Division Findings • A golf course view is valuable. It provides the fourth highest amenity premium when compared to all views and increases the sale price by 31%when compared to a single family home view. • The three highest amenity premiums are Lake; Preserve and Natural Area; and Green Space. This is important to note as the proposed greenway will provide views of one or more of the top four amenity premiums. • The amenity premium of the four highest are passive recreation uses and not associated with the broader open space uses. Resources: C.Quinby III,personal communication.Collier County Property Appraiser.December 2016. 2. Research on the Florida communities approving and denying golf course conversions Golf course conversions are occurring across Florida.The following case studies are those that were previously described by staff in the report on golf course conversions or others that became litigious, controversial and discussed at length in the news. Generally speaking,the research was completed by --� reviewing online news articles. It is important to note that controversial golf course conversions are easily found in online media searches while many golf course conversions likely occur with much less or little news coverage across the state. 1. Mizner Trail Golf Course, Boca Raton, Palm Beach County Overview: • Over a decade of legal battles ensued between the Boca Del Mar neighborhood association and the golf course property owner following the closing of the Mizner Trail Golf Course in 2005. • The Palm Beach County Commission denied two development proposals on the golf course and was subsequently sued for the denials. However,the County was successful in defending itself against the challenges. • In 2014 the Commission approved (5-2)252 homes on the property against overwhelming opposition from the Boca Del Mar neighborhood association. • The Boca Del Mar neighborhood association sued the County in hopes of overturning their approval and stop 252 homes from being built on the Mizner Trail golf course. • Ultimately,the courts ruled in favor of the developer. (.,0T11,k4. 5 Development Review Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2400•wai w.coliergovnet Co ler County Growth Management Department Development Review Division Resources: 1. Reid,A.(2014).Lawsuits aim to stop building on the Mizner golf course.Sun Sentinel.Retrieved from http://articles.sun- sentinel.com/2014-08-11/news/fl-mizner-trail-lawsuit-20140811 1 compson-mizner-trail-inc-boca-del-mar-building-plans 2. Redlich,W.(2014).Boca del Mar to Add 288 Units?West Boca News.Retrieved from http://westbocanews.com/2014/01/08/boca- del-mar-to-add-288-units 3. Redlich,W.(2015).Mizner Trail Going Ahead with 250+Homes.West Boca News.Retrieved from http://westbocanews.com/2015/04/02/m izner-tra i l-goi ng-ahead-with-250-homes/8203 4. Reid,A.(2015).Building on hold,land for sale at old Mizner Trail golf course.Sun Sentinel.Retrieved from http://www.sun- sentinel.com/local/palm-beach/fl-golf-land-problems-20150806-story.html 5. Reid,A.(2016).Boca Del Mar drops golf development fight.Sun Sentinel.Retrieved from http://www.sun-sentinel.com/local/palm- beach/fl-golf-land-fight-ends-20150331-story.html 6. Reid,A.(2016).Boca Del Mar loses golf course fight.Sun Sentinel.Retrieved from http://www.sun-sentinel.com/local/palm- beach/fl-mizner-golf-ruling-20150219-story.html 2. Calusa Country Club, Miami-Dade County Overview: • Residents rejected the original proposal from the developer to build a 960-unit retirement community which included a payment of$50,000 per home with a golf course view.The development proposal also included a 50-foot linear park along the perimeter of the defunct golf course.This design feature may be in part due to the Miami-Dade's requirement to preserve 50 percent of the golf course as open space. • The course has a restrictive covenant requiring the golf course to be operated as a golf club and country club and that the restrictions are valid for 99 years unless"released or revised by the[Miami-Dade Board of County Commissioners] .... and those owners within 150 feet of the exterior boundaries of the... property." • In March 2014,the trial court supported the developer's argument and invalidated the restrictive covenant. • In January 2016,the appeals court reversed the trial court opinion and held the restrictive covenant in this case was a governmental regulation and upheld the restrictions. • As of May 2016,the developer is seeking to change the County's Comprehensive Development Master Plan to allow for low-medium density residential on the site. Resources: 1. Chen,E.(2012).Bad Economy For Golf Courses Puts Pressure On Owners Of Fairway-View Homes.WLRN Miami i South Florida. Retrieved from http://wlrn.org/post/bad-economy-golf-courses-puts-pressure-owners-fairway-view-homes 2. Yager,R.(2012).Barcardi goes to court to end Calusa CC land restrictions.Miami's Community Newspapers.Retrieved from http://communitynewspapers.com/kendall-gazette/bacardi-goes-to-court-to-end-calusa-cc-land-restrictions/ 3. (2014).Ruling oks building on golf course.The Real Deal.Retrieved from http://therealdeal.com/miami/2014/10/28/ruling-oks- building-on-golf-course/ 4. Save Calusa Trust v.St.Andrews Holdings,Ltd.,193 So.3d 910(Fla.3d DCA 2016) 5. Admin.(2014).Legal Update:The Future of a Golf Course.Tallahassee Board of Realtors website.Retrieved from http://www.tbrnet.org/blog/2014/12/05/lega I-u pdate-the-future-of-a-golf-course/ 6. (2016)Miami-Dade County website.Comprehensive Development Master Plan page.Retrieved from http://www.miamidade.gov/planning/cdmp.asp 7. (2016)Miami-Dade County website.Comprehensive Development Master Plan Applicant page.May 2016-Application No.7. Retrieved from http://www.miamidade.gov/planning/cdmp-amendment-cycles.asp#201605 cotiLitee c' Development Review Division•2800 North Horseshoe Drive•Naples,Ronda 34104.239-252-2400•wavw.colliergovnet Co ler County GrowthManagementDepartment` 8. Bandell,B.(2016) 5 big developmPit�l�rpID9cpSet "ifilludi11pP100wrhs�diwfYZdurse.South Florida Business Journal. Retrieved from http://www.bizlournals.com/southflorida/news/2016/06/27/5-big-development-plans-proposed-including-l- 100.html 3. Century Village Golf Course, Palm Beach County Overview: • After four meetings,the Palm Beach Board of County Commissioner's approved the developer's controversial plans to build a commercial and residential development on the defunct Century Village(an over age 55 community)golf course. • Century Village sued the developers,siting that he would violate a deed restriction that requires the property remain as a golf course in "perpetuity." • The Commission required that the developer provide a 9-hole golf course for the Century Village association to approve. • The Court ruled in the developer's favor. Resources: 1. Johnson,K.(2013).Century Village vote:Commissioners approve plan to transform golf course into shops.WPTV.com.Retrieved from http://www.wptv.com/news/region-c-palm-beach-county/west-palm-beach/century-village-golf-course-decision-vote-will- andrew-waldmans-course-be-a-new-shopping-center 2. Sorenture,J.(2013).County approves project near Century Village;closed golf course to get commercial development.My Palm Beach Post.Retrieved from http://www.mv almbeachpost.com/news/county-approves-prosect-near-century-village-closed-golf- course-get-commerical-development/nKORxmvnfKAuZOlrkdbDOL/ 3. Reid,A.(2016).Century Village residents lose golf course court fight.Sun Sentinel.Retrieved from http://www.sun- sentinel.com/local/palm-beach/palm-beach-politics-blog/sfl-century-village-loses-golf-fight-20150227-story.html 4. Ocean Palm Golf Course, City of Flagler Beach Overview: • Ocean Palm Golf Club,a 9-hole course,opened in 1960. • It was sold in 1999 and the owner requested the course was rezoned to low density residential but the City unanimously denied the request.The City's justification for the denial was the need to maintain the course as a recreation area and concern of potential stormwater impacts to the area. • The course property owner challenged the City in court,however,the court sided with the City. • The City of Flagler Beach purchased the golf course in 2013 during a foreclosure auction with the goal to reopen it as a golf course. • In 2016,the golf course reopened under a lease and management agreement between the City and a private management company. Resources: 1. No author.(2013).From Green to Red:With Golf Course Buy,Flagler Beach Fears Going Palm Coast's way. FlaglerLive.com. Retrieved from https://flaglerlive.com/51471/ocean-palm-golf-club/ 2. Ryan,S.(2016)Ocean Palm Golf Course to reopen Saturday in Flagler Beach.The Daytona Beach News-Journal.Retrieved from http://www.news-iournalonline.com/entertainment/20160603/ocean-palm-golf-club-to-reopen-saturday-in-flagler-beach Otiltre OGt 7 Developmerr Review Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2400 •wauw.co0lergovnet Co ger County Growth Management Department Development Review Division 5. Vista Golf Course, Vero Beach, Indian River County Overview: • The developer sold the property in 1989 and placed protective covenants on the property"for the purpose of enhancing and protecting the value,desirability and attractiveness of the condominium communities." • Additionally,the covenants included that the land be operated as a 27-hole golf course and that the"land shall,for a period of time... be held,sold, conveyed, leased,mortgaged and otherwise dealt with only as a single parcel..." • In 2008 the property owners sued the resident association to allow the golf course land to be used for condominiums.The property owners claimed that maintaining it as a 27-hole golf course"constituted undue oppression." • The trial courts found that the golf course could not be required to operate as a golf course business but that it could not operate as anything else and that the Unity of Title Covenant was unreasonable. • The appeals court affirmed that the Unity of Title Covenant was unreasonable. Resources: 1. Elliott,J.(2012).Dispute over Vista golf course finally headed to court in Indian River County.TCPaIm.Retrieved from http://archive.tcpa lm.com/news/d ispute-over-vista-golf-course-finally-headed-to-court-in-i nd is n-river-county-ep-382159630- 343074352.htm l 2. Vista Golf,LLC v.Vista Royale Prop.Owners Ass'n.,164 So.3d 140(Fla.4th DCA 2015) 6. Presidential Country Club Resort Community Overview: • In 2015,the City of West Palm Beach approved the conversion of a course within the Presidential Country Club Resort Community,a golf course master planned community. • The approval followed several public meetings.According to City staff,the neighboring residents and the developer were able to reach consensus through the public meeting process(J. Roach, Principal Planner, personal communication,August 18,2016). • The developer agreed to provide views of open space, create a large lake system that would enhance the views,and provide separation from the proposed resort development. Resources: 1. City of West Palm Beach City Commission.(2015).2300 Presidential Way and 3100-3200 North Congress Avenue,Sea Palm Resort (formerly PCC)Resort,Major Planned Development Amendment and Major Sub division(3).Staff report.Retrieved from https://onedrive.live.com/?auth key=%21AI iGmwig6sl koAQ&id=2A630568D6D3 E B34%216841&cid=2A630568D6D3 E B34 3. Changes and additions to the LDC amendment text Changes are highlighted in yellow and deletions were made where appropriate. r 8 Deielopmert Review Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2400•vmw.coliergovnet --, CO ler C014111ty Growth Management Department Development Review Division 4. Overview of dark sky concepts This research will be provided prior to the Planning Commission on Thursday,January 19tH 5. Visual survey To provide an example,staff compiled a basic visual survey using SurveyMonkey®.The survey will be available by close of business on Friday, December 30, 2016: Please access the survey here: www.colliergov.net/cu rrentldcas 9 Development Review Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2400•wonrw.co6iergovnet Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Department Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2016 LDC Amendment Cycle LDC SECTION(S): 2.03.09 Open Space Zoning Districts CHANGE: This amendment expands the list of permitted and conditional uses within LDC section 2.03.09 A Golf Course (GC) zoning district to include low intensity recreational uses as permitted or conditional uses. To reflect the addition of recreational uses, the district is renamed the "Golf Course and Recreational Use District." REASON: This amendment follows Board direction on April 12, 2016, to pursue an LDC amendment to allow for additional compatible uses in the GC zoning district.The Board discussed several issues and concerns related to, golf course conversions which are addressed in the companion LDC amendment adding LDC section 5.05.15 Conversion of Golf Courses. Currently, the only permitted use in the GC district is a golf course. The proposed permitted and conditional uses include several open space uses that are, on occasion, already provided on golf courses in Collier County and are also permitted in the Conservation and Rural Fringe Mixed-Use zoning districts. Research was conducted to identify additional non-golf course recreational uses that are allowed by other communities in Florida. The proposed uses are consistent with the low intensity recreational uses allowed in these communities. The proposed uses are intended to be compatible with residential uses as many golf course are surrounded by single-family and multi-family homes. Further,the amendment requires all uses to comply with the design standards in LDC section 5.05.15 H for lighting and setbacks, however, they will not lie,required to comply with the additional procedural requirements established in other provisions in LDC section 5.05.15. The proposed changes also provide awareness to property owners that surround a GC zoned golf course that it may be redeveloped to a non-golf course recreational use by right or through a conditional use process. In addition, the proposed uses provide a golf course property owner additional uses should a conversion prove nonviable. DSAC-LDR SUBCOMMITTEE RECOMMENDATIONS: No changes, approved unanimously on December 19, 2016. DSAC RECOMMENDATION: To be reviewed by DSAC on January 4, 2017. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. 10 1:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. RELATED CODES OR REGULATIONS: Proposed LDC section 5.05.15 Golf Course Conversions GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan impacts associated with this amendment. OTHER NOTES/VERSION DATE: Amend the LDC as follows: 1 2 2.03.09 Open Space Zoning Districts 3 A. Golf Course and Recreational Use District"GC". The purpose and intent of"GC"district 4 is to provide lands for golf courses, recreational uses, and normal accessory uses to 5 golf courses; including certain uses of a commercial nature. Recreational uses should be 6 compatible in scale and manner with residential land uses. The GC district shall be in 7 accordance with the urban mixed use district and the agricultural/rural mixed use district 8 of the future land use element of the Cdllier County GMP. All uses shall be subject to 9 design standards established in LDC section 5.05.15 H, and other applicable LDC 10 standards. 11 1. The following subsections identify the uses that are permissible by right and the 12 uses that are allowable as accessory or conditional uses in the GC district. 13 a. Permitted uses. 14 1. Golf courses 15 2. Hiking trails, walkways, multi-use paths and observation decks. ^ 16 3. Passive recreation areas. 17 4. Disc golf. 18 b. Accessory!-uses. 19 1. Uses and structures that are accessory and incidental to uses 20 permitted as of right in the GC district. 21 2. Recreational facilities that serve as an integral part of a golf 22 course the permitted use, including but not limited to clubhouse, 23 community center building, practice driving range, shuffleboard 24 courts, swimming pools and tennis facilities, snack shops and 25 restrooms. 26 3. Pro shops with equipment sales, no greater than 1,000 square 27 feetLassociated with a golf course. 28 4. Restaurants, associated with a golf course, with a seating 29 capacity of 150 seats or less provided that the hours of operation 30 are no later than 10:00 p.m. 31 5. A maximum of two residential dwellings units for use by golf 32 course employees in conjunction with the operation of the golf 33 course. 34 6. Golf maintenance Maintenance buildings. 35 c. Conditional uses. The following uses are permissible as conditional uses in 36 the GC district, subject to the standards and provisions established in LDC 37 section 10.08.00. 38 1. Commercial establishments oriented to the golf course permitted 39 uses of the district including gift shops; pro shops with equipment 40 sales in excess of 1,000 square feet; restaurants with seating 41 capacity of greater than 150 seats; cocktail lounges, and similar 42 uses, primarily intended to serve patrons of the golf course. 11 l:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term. 1 2. Cemeteries and memorial gardens. 2 3. Equestrian facilities, including any trails, no closer than 500 feet to 3 residential uses. 4 4. Museums. 5 5. Water related activities, including non-motorized boating, boat 6 ramps, docks, and fishing piers. 7 6. Courts, including bocce ball, basketball, handball, pickle ball, 8 tennis, and racquetball. 9 7. Neighborhood fitness and community centers. 10 8. Parks and playgrounds. 11 9. Pools, indoor or outdoor. 12 10. Botanical gardens. 13 11. Any other recreational use which is compatible in nature with the 14 foregoing uses as determined by the Hearing Examiner or Board 15 of Zoning Appeals, as applicable. 16 # # # # # # # # # # # # # } 12 l:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-171Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Department DEPARTMENT: Development Review Division AMENDMENT CYCLE: 2016 LDC Amendment Cycle LDC SECTION(S): 2.03.06 Planned Unit Development Standards 5.05.15 Conversion of Golf Courses (new section) CHANGE: This amendment introduces a new section in the LDC to assess and mitigate the conversion of golf courses to a non-golf course use. LDC section 5.05.15 Conversion of Golf Courses contains two main elements. First, it requires the applicant to conduct public outreach to property owners within 1,000 feet of the golf course prior to submitting a conversion application to the County. The public outreach requirement, identified as Stakeholder Outreach Meetings, is intended to engage the property owners, hereafter referred to as "stakeholders," to cultivate consensus on the proposed development. Second,the section presents several design standards for the proposed development to support compatibility with the existing residential uses. The proposed standards take into account the large number and wide variety of golf courses in the County. See Attachment 1 for an overview of the golf courses across the County. See Tables 1-3 below for an overview of golf course statistics in the County. For the purpose of this LDC amendment staff did not include the golf courses located in the City of Naples or the City of Marco Island because they would not be subject to the County's conversion procedures. Some of the golf courses in the County are standalone facilities while others were developed as part of a residential project. Due to the large number and ranges in size, there is not a one-size- fits-all solution to development standards to address golf course conversion. Therefore, the stakeholder outreach process is integral to addressing the specific needs of the existing residential property owners and allows the applicant to vet alternative designs through a regulatory approach. Ultimately, the combination of design standards and community outreach is intended to provide compatibility for existing residential stakeholders regardless of the golf course layout. To assist with the public outreach requirement proposed by this new section, staff has prepared the Collier County Guide to Golf Course Conversions(Guide),which is a document created to outline different types of public outreach, such as focus groups, charrettes, polling, etc. that will provide the stakeholders and the applicant an understanding of what is required while conducting the outreach. The Guide will be adopted by reference. To support this section, three Administrative Code for Land Development sections will be prepared to support this new LDC section. Two of the Administrative Code sections will provide submittal requirements for new applications introduced in this section and the third section will provide standards and notice requirements for the Stakeholder Outreach Meetings. In addition, 13 l:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term LDC section 2.03.09 Open Space Zoning Districts will be amended to introduce additional uses to the golf course zoning district and LDC section 10.03.06 regarding public notices will be updated to reflect new notice requirements established by this section. Table 1 Number of Golf Courses by Golf Holes in Collier County Number of Courses Number of Holes on the Golf Course 3 9 58 18 5 27 11 36 Total 69 _ Note:The number of golf holes were identified by accessing golf club websites,GIS aerials,and by telephone conversation with the golf club administrative offices. Table 2 Golf Courses by Zoning District in Collier County Zoning District Number of Golf Courses Golf Course(GC) 9 Golf Course(GC)/R1VIF-61 RMF-16 1 Golf Course(GC)/RSF-3 1 PUD 47 RFMUD-PUD - 3 RFMUD-A 1 RFMUD-A-CU 4 A-M IOI-RLSAO 1 RMF-16 _ 1 PUD-RFMUD 1 Note:Golf courses zoning was confirmed using GIS aerials provided by the Collier County Property Appraiser and reviewing the County zoning maps.Golf courses zoned PUD were further verified by reviewing individual PUD ordinances. Table 3 Type of Courses by Acreage and Number in Collier County Acreage Range Type _v Number of Golf Courses 10-50 Par 3 -Driving Range 7 50-99 Executive 5 100-220 Championship or 45 240 or greater Regulation 20 Note:Utilized golf course acreage totals to determine golf course types.Muirhead,D.&Rando G. (1994)Golf Course Development and Real Estate.Urban Land Institute. It is important to note two caveats regarding the establishment of this LDC Amendment for the conversion of golf courses. First,the adoption and codification of LDC provisions for golf course conversion shall not imply that a golf course will receive approval from the Board to convert to a 14 1:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term different use. Second, the proposed framework is a method to support community involvement and consensus building.However,the public participation and hearing processes will only provide steps to build consensus;the individual parties will dictate whether consensus may be achieved. REASON: Board direction This amendment follows Board direction on April 12th to pursue an LDC amendment to address golf course conversions. The Board discussed the following issues and concerns related to the existing residential property owners who live around the golf course (meeting minutes pg. 85-97): • The Growth Management Plan supports preserving open space areas and the loss of open space would negatively impact the community. • Open space can provide stormwater management for surrounding communities. • Property owners who purchased homes with a golf course view had an expectation the view was worth a monetary value and paid a premium price for their homes. They also experienced higher taxes compared to a home without a golf course view. • There will be a diminution of property values for homes located around the golf course if the green space is lost. • Providing more uses in the golf course zoning district that are compatible by right may mitigate the need to convert golf courses in the future. • Allowing for additional compatible uses in the golf course zoning district would inform future property owners with a golf course view that other uses are allowed, not just a golf course. • Require the property owner of the golf course to show they are no longer economically viable as a golf course. • Importance of involving the neighborhood in the conversion process. • Legal encumbrances on golf courses should be brought to light. In addition, it is important to note that golf courses are a local community asset. Golf courses provide neighborhoods with nearby social and recreational opportunities for family and friend outings, business networking opportunities, and places for high school teams to play, as well as bringing visitors to the county for professional tournaments. Further, golf courses provide open space within the built environment and are often a cornerstone of social interaction for surrounding neighborhoods. Following the April 12th meeting,the Board instituted a six month moratorium on the acceptance, processing, and consideration of applications for development orders involving the conversion of lands zoned for golf course use. On September 27, 2016, the moratorium was extended to April 11,2017,to provide additional time to prepare and publically vet the proposed amendments. With the extension request staff presented research that had been conducted on golf course conversion across the state of Florida and the nation. The proposed amendment implements the concepts that were presented in the research paper. To review the research paper discussion points, please visit www.colliergov.net/currentldcas. The research on golf course conversions in Florida and the nation provided insight into what land use and planning principles supported the approval of a conversion project by a local jurisdiction. Staff found the projects that received approval had 15 I:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term two overarching themes: some level of stakeholder participation and the developer maintaining an open space view for the existing residential property owners. The proposed amendment focuses on these two concepts. Purpose and intent of the golf course conversion section The purpose and intent of this amendment is to "assess and mitigate the impact of golf course conversions on real property by requiring outreach with stakeholders during the design phase of the conversion project and specific development standards to ensure compatibility with existing land uses."As discussed by the Board,the intention of the new requirement is to address concerns stemming from residential property owners purchasing a home along a golf course with the anticipation that the golf course would remain in perpetuity.Further,homes along golf courses are often purchased at a premium price due to the views from the house of the golf course.Moreover, many property owners may have purchased homes with the anticipation their real estate value would rise over time with open space view. Applicability of the golf course conversion standards The LDC amendment will apply to three scenarios, explained below. The golf course conversion section will not apply to courses repurposed for a different use listed in the permitted, accessory, or conditional uses in the Golf Course zoning district. This LDC section is also proposed to be amended to allow for other similar open space uses, such as hiking trails,walkways, and disc golf facilities. More intense uses, such as cemeteries and memorial gardens,museums, and ball courts (bocce ball, basketball, handball, pickle ball, tennis and racquetball) are proposed as conditional uses. Approval of Land Uses 1. A golf course located in any zoning district and where the property owner wants to convert to a non-golf course use that is not currently permitted, accessory, or conditional in the zoning district or tract. a. Example:A golf course is located in a PUD tract established for only a golf course, however,the property owner wants to build a residential development.In this case, the property owner would proceed with the conversion process and a PUDA. 2. A golf course within a Stewardship Receiving Area and where the property owner wants to convert to a use that is not currently permitted,accessory or conditional in a context zone (generally speaking a context zone is a zoning district in a Stewardship Receiving Area. See LDC section 4.08.07 J.2 d for a description). a. Example:A golf course is located in a Stewardship Receiving Area and the property owner seeks to build a commercial development, however, the Stewardship Receiving Area doesn't allow this use. In this case,the property owner would need to proceed with a Stewardship Receiving Area Amendment. 16 I:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Approval of compatibility measures 3. A golf course that allows for a non-golf course use by right and the property owner seeks to construct an allowed use. In this case, the design of the use would be reviewed for compatibility with the surrounding properties. a. Example: A golf course is zoned Rural Agricultural and the property owners seek to convert it to agricultural activities, e.g. livestock raising, then a compatibility design review application would be required. The application process for golf course conversions The proposed conversion process is structured to occur before a traditional land use petition process. See Figure 1 for a graphic representation of the process. This way, the stakeholders and the applicant are engaged in conversation early in the design process and hopefully the main goals of the project are aligned between the two parties prior to a rezoning, PUDA, Stewardship Receiving Area Amendment, or a compatibility review application is submitted to the County. Figure 1 Golf Course Conversion Process Land Use Petition Process • Rezone • PUD Amendment Stakeholder Outreach Process • SRA Amendment 1. Pre-Application Meeting 2. Intent to Convert Application Or a. Mailed Notice 3. Stakeholder Outreach Meeting Compatibility Design Review Process a. Mailed Notice (new process) 4. Stakeholder Outreach Meeting Report 1. Compatibility Design Review provided for Approval Process Application 2. Public Hearing to approve design 3. Administrative approval of SDP,PPL, etc. The conversion process starts with the applicant requesting a pre-application meeting with County staff and submitting an Intent to Convert application to the County. One of the requirements of the Intent to Convert application is a mailed notice to all of the stakeholders informing them of the property owner's intention to convert the golf course to a non-golf course use. The mailed notice will give stakeholders awareness that a community outreach program exists and to look for subsequent letters regarding meeting times and locations. The Intent to Covert application must be deemed complete by County staff prior to conducting any Stakeholder Outreach Meetings. The Intent to Convert application requires the applicant complete the following: The first requirement that a title opinion or title commitment that identifies the current owner of the property and all encumbrances against the property prevent the land from being developed as proposed. This will require due diligence on the part of the applicant prior to submitting the 17 l:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term application. The burden is placed on the applicant, rather than staff, to determine if there are any restrictions on converting the property. The second requirement,the Developer's Alternative Statement, is designed to provide all parties the ability to consider alternatives for the golf course. At a minimum the following three alternatives must be considered: no conversion, County purchase, and a conceptual development plan. The three alternatives are not intended to be mutually exclusive; for example, all three alternatives could be part of a finalized development plan. The Developer's Alternative Statement plays an important role in allowing the property owner, the stakeholders, and the County to see how each option would play out. It should be noted that it is entirely feasible that a golf course may be profitable and still pursue a non-golf course use because converting the golf course will enable it to achieve the highest and best use of the property for the property owner. County staff recognize that it is within the bundle of rights as a property owner to sell and develop land within the parameters of county codes. As such, the development standards that are introduced in this section are vital to creating a compatible development with existing residential developments surrounding the golf course. Ultimately, the Developer's Alternative Statement is designed to encourage communication, cooperation, and consensus building between the applicant,the stakeholders, and the County. The third requirement is a general plan for the Stakeholder Outreach Meetings. The applicant will outline the public outreach methods that will be used to engage the stakeholders at the Stakeholder Outreach Meetings consistent with the Collier County Guide to Golf Course Conversions.Further, an overview of a web-based survey will be required to be approved by staff. All of the application requirements will be listed in the Administrative Code for Land Development's Intent to Convert and the Stakeholder Outreach Meeting sections. Stakeholder Outreach Meeting requirements Stakeholder Outreach Meetings are intended to provide open communication and feedback between the applicant and the stakeholders. Several SOM meetings are required so that the applicant is able to incorporate any feedback into the conceptual plans for the development. The internet provides the opportunity to reach out to more people which can benefit the applicant in better understanding the neighborhood, such as seasonal residents. For example, the requirement for the web based survey provides an opportunity for individuals who cannot attend the in-person Stakeholder Outreach Meetings to still participate in a constructive manner. The Stakeholder Outreach Meetings, which are facilitated by the applicant, are encouraged to be collaborative events where all parties cooperate. However, they will also serve to hold the stakeholders and applicant accountable for their actions. Should consensus not be achieved and either party pursue litigation, the Stakeholder Outreach Meeting requirements will be helpful in demonstrating that one or more of the parties was uncooperative or unreasonable. Similar to a traditional NIM,the SOMs will be recorded and commitments made by the applicant for the project will be included in subsequent reports.A County staff member will also be present. Following the Stakeholder Outreach Meetings,a report will be provided by the applicant to County staff. The report has the primary goal of identifying and answering questions and concerns from 18 1:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term the stakeholders. It also supports a transparent process, benefiting the applicant and stakeholders —highlighting the importance of reasonable input by the stakeholders and reasonable incorporation of the input by the applicant into the conversion project. To do this, a point-counterpoint list, identifying the input from the stakeholders and identifying how and why reasonable input was or was not included in the conceptual plan will be helpful for the stakeholders, staff,and the decision makers so all understand the issues involved in the conversion project. Stakeholders will need to recognize it is important to support and participate in a collaborative process with the applicant. Should one development proposal not work out, there is a chance that another developer may pursue development of the golf course in the future and may not be as willing to compromise or be as collaborative as the initial development team. Stakeholders need to understand that land uses change over time and participating in the process will provide the best opportunity to be part of the outcome. Land Use Petitions Once the Stakeholder Outreach Meetings have been completed the applicant may proceed with a conversion application, such as a rezone, Planned Unit Development Amendment, Stewardship Receiving Area Amendments, or a compatibility design review. Staff Report Consistent with current land use petition procedures, County staff will prepare a staff report for the Planning Commission, and EAC as applicable, or Hearing Examiner and Board. In addition to existing requirements, the staff report will also address whether the applicant meets all the requirements in LDC section 5.05.15, whether the Stakeholder Outreach Meetings report and point-counterpoint list are accurate, and whether reasonable input from the stakeholders was included in the land use petition application. These additional criteria are designed to ensure consistency throughout the process. As such,the amendment requires that the Planning Commission and the Environmental Advisory Council,as applicable,consider the stakeholder engagement process and whether reasonable input was included in the proposed project. The provision calls special attention to the greenway design, as this is the most important compatibility measure introduced in the amendment. Additionally, attention should also be given to who can use the greenway as it is intended to provide passive recreational benefits and would be a great amenity for future residents of the once golf course land. Compatibility design review The compatibly design review process will be required when PUDs or other projects seek to use a non-golf course use that is already a permitted,accessory or conditional use for the district or tract. The review of compatibly measures is designed to address situations where, for example, the permitted use was approved a long time ago and would be incompatible with residential development without appropriate measures in place. This process requires the procedural components of LDC section 5.05.15 and only the soil and groundwater testing standards established in LDC section 5.05.15 G.6 (e.g. no greenway or stormwater assessment required). The compatibility design review process does not address the proposed land uses as they are already allowed by right. The approval process for a compatibility design review application �...� consists of a review and recommendation from the Planning Commission to the Board. 19 l:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Development standards for rezones,PUDA and Stewardship Receiving Area Amendments In addition to standard LDC development requirements, there are several new design standards introduced in this section. The design standards are supported by research from other jurisdictions that have also assessed the impacts from golf course conversions.The design requirements are not required for projects subject to the compatibility design review as the uses have already been established as a permitted, accessory or conditional use and can suggest their own compatibility measures to mitigate any impacts to existing surrounding property owners. Open space The first design standard requires that golf courses lands utilized to meet the minimum open space requirements for a prior project need to be either retained as open space and/or the plans updated to demonstrate an alternative method to meet the minimum open space requirements.For example, if a PUD establishes that 20 acres of the golf course was used to meet the 60 percent minimum open space requirement for a residential PUD, then 20 acres of the golf course would need to remain open space or the PUD amended to reflect other open space lands are available to meet the minimum requirement. Greenway The second design standard is the introduction of a greenway. A greenway is a continuous strip of undeveloped land that is set aside for passive recreational uses, including but not limited to: open space,nature trails,parks,playground,golf courses,beaches,disc golf courses,exercise equipment and multi-use paths. The greenway is designed to be a buffer along the perimeter of the proposed development and adjacent to the existing residential properties that line the golf course. The goal of the greenway is to provide an open space view for stakeholders and support existing wildlife habitat. A general overview of the details includes requiring that a minimum of 35 percent of the conversion project be dedicated as a greenway, with an average minimum width of 100 feet (no less than 75 feet at any one point). See Attachment 2 for a collection of aerials depicting a 100- foot greenway on several golf courses across the County. Existing trees and understory are meant to be retained in the greenway, however, they can be removed to accommodate a multi-use path or the like. This is intended to promote retaining the existing trees and understory that are currently within the viewshed of existing residences. Further, a tree count is provided to support a shaded area in the greenway. Another provision addresses walls and fences.A wall or fence is not required between the two developments,however,if a wall is desired by either party it will need to accommodate the movement of wildlife by providing habitat connectivity. The greenway may also play an important role in providing stormwater management for the existing and/or new development and the proposed code section supports this concept. However, the greenway is not intended to be made up entirely of lake area and a percentage cap is established to prevent the greenway from becoming a series of large lakes. Standard preservation requirements pursuant to LDC section 3.05.07 will be required for any conversion project. Two supplemental provisions are introduced in the section to support the integration of preserves with the greenway. The first takes into account conversion projects that tTh 20 l:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term PTh have isolated preserves that are less than V2 acre(including planted areas)which meet LDC section 3.05.07 A.4 and supports the ability to recreate the preserve areas in the greenway. In addition,to support the retention of existing preserves and the open space and habitat they provide, all preserves that were previously approved with the golf course shall be retained and 50 percent of the total acreage can be counted towards the required preservation amount if located in the greenway and made available for passive recreational uses allowed by the LDC. Stormwater and Floodplain compensation The provision also takes into account potential stormwater impacts. As discussed in prior reports provided to the Board,golf courses often provide stormwater management by design of the project or because over time they have provided that service to the neighboring land uses. The proposed standards would require a pre-versus post-development stormwater runoff analysis.The objective is to ensure that property owners that surround the golf course would not be adversely affected by additional stormwater runoff after the conversion of the golf course. Further, Floodplain compensation, a concept that requires offsetting any loss to flood storage capacity on a given project, may need to be addressed on a case-by-case basis. This may be particularly important if the golf course has flooded during past heavy rain events. Soil and/or Groundwater testing The LDC currently recognizes that golf courses apply chemicals to provide a level of service to customers and over time soil and/or groundwater may become polluted and needs to be mitigated prior to conversion. The proposed language closes a gap because the current standards do not address the full range of potentially harmful pollutants previously or currently used on golf courses, including petroleum products. Should any of the soil and groundwater sampling results exceed state standards, the County will notify the Department of Environmental Protection who oversees the mitigation requirements. Design standards for lands converted from a golf course The design standards are to be applied to any golf course that converts or to any use listed in the golf course zoning district. There are two design requirements, lighting and setbacks to apply. The goal of the lighting requirement is to reduce light pollution,by requiring lighting to be directed away from neighboring properties and to require light fixtures to be shielded to prevent glare and light trespass. This is intended to the benefit of the existing property owners, future property owners, and wildlife. For example, if walking paths with light poles were constructed in the greenway this provision would ensure there was no light pollution impacting the existing residential properties. The goal of the setback requirement is to ensure there is sufficient distance between the proposed use and existing property ownersaround the golf course. For example, if a golf course was repurposed to a disc golf course a minimum average 50 foot setback would be required to provide a buffer between the two uses. In another example, if the golf course was converted to residential housing and an alternative design forthe greenway was employed,there would still be a minimum average 50-foot setback applied to the new uses. 21 l:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is currcnt text to be deleted Bold text indicates a defined term DSAC-LDR SUBCOMMITEE RECOMMENDATIONS: The subcommittee reviewed the proposed amendment on November 3rd, November 16th, November 29th, and December 7th. The Subcommittee stated a fundamental objection to the imposition on property rights,that the current rezone process is sufficient for golf course conversion, and opposes the over-reach of the government and onerous process established in this amendment. However, if the amendment moves forward,the Committee provided the following comments: • The standard rezone process is sufficient for the conversion of golf courses. It is not necessary to require additional procedures or design standards. • The requirement to send mailers and engage stakeholders within 1,000 feet is not necessary. The 500 foot requirement/1,000 foot requirement established in the Administrative Code is sufficient. • Objects to the requiring an ownership encumbrance report from the applicant because the County does not enforce or abide by civil restrictions. • There is no need or benefit to requiring financial information from a property owner. It is within a property owners rights to develop his property without the government oversight of financial records or consideration. • There should be more flexibility with the design of the greenway. Logistically it may be very difficult to garner sufficient support from the stakeholders to get an alternative greenway approved by the Board. • Consider allowing a mailing instead of the NIM requirement during the rezone or PUDA requirement. The mailing would inform the stakeholders of any changes to the project and send them to a website where they could access materials for the rezone or PUDA. • Opposes the contemplation in the proposed text and findings that existing property owners that surround the golf course may be able to use(e.g.walk,run, and play) on the greenway because it is not land they own or have a right to use currently. DSAC RECOMMENDATIONS: The Committee supported the recommendation of the DSAC- LDR Subcommittee on 12/7/16. FISCAL& OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan impacts associated with this amendment. OTHER NOTES/VERSION DATE: prepared by Caroline Cilek,December 1,2016,December, 7, 2016. Amend the LDC as follows: 1 2 2.03.06 Planned Unit Development Standards 3 x 4 H. Conversion of Golf Courses. Golf courses constructed within a PUD shall adhere to the 5 process established in LDC section 5.05.15 prior to converting to another use. .� 22 l:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 1 # # # # # # # # # # # # # 2 3 5.05.15 Conversion of Golf Courses 4 5 A. Purpose and Intent. The purpose of this section is to assess and mitigate the impact of 6 golf course conversion on real property by requiring outreach with stakeholders during 7 the design phase of the conversion project and specific development standards to 8 ensure compatibility with the existing land uses. For the purposes of this section, 9 property owners within 1,000 feet of a golf course shall hereafter be referred to as 10 stakeholders. 11 1. Stakeholder outreach process. The intent is to provide a process to cultivate 12 consensus between the applicant and the stakeholders on the proposed 13 conversion. In particular, this section is designed to address the conversion of 14 golf courses surrounded, in whole or in part, by residential uses or lands zoned 15 residential. 16 2. Development standards. It is the intent of the specific development standards 17 contained herein to encourage the applicant to propose a conversion project 18 with land uses and amenities that are compatible and complementary to the 19 existing neighborhoods. Further, the applicant is encouraged to incorporate 20 reasonable input provided by stakeholders into the development proposal. 21 B. Applicability. The following zoning actions, Stewardship Receiving Area Amendments, 22 and compatibility design review petitions, collectively referred to as "conversion 23 applications" hereafter, shall be subject to LDC section 5.05.15. A conversion application 24 shall be required when an applicant seeks to change a developed golf course to a non- 25 golf course use. However, where a permitted, accessory, or conditional use is sought 26 for a golf course zoned Golf Course and Recreational Uses (GC), the applicant shall be 27 exempt from this section except for LDC section 5.05.15 H. 28 1. Zoning actions. This section applies to a golf course developed in any zoning 29 district for a use that is not currently permitted, accessory, or conditional in the 30 zoning district or tract for which a zoning change is sought. 31 2. Stewardship Receiving Area Amendments. This section applies to a golf course 32 developed on lands within a Stewardship Receiving Area for a use that is not 33 currently permitted, accessory, or conditional in the context zone for which the 34 change is sought. 35 3. Compatibility design review. This section applies to a golf course developed in 36 any zoning district or designated as a Stewardship Receiving Area that utilize a 37 non-golf course use which is a permitted, accessory or conditional use within 38 the existing zoning district or designation. Permitted conditional uses shall also 39 require conditional use approval subject to LDC section 10.08.00. 40 C. Application process for conversion applications. 41 1. Intent to Convert application. The applicant shall submit an "Intent to Convert" 42 application to the County prior to submitting a conversion application. The 43 following is required of the applicant: 44 a. Application. The Administrative Code shall establish the procedure and 45 application submittal requirements, including: a title opinion or title 46 commitment that identifies the current owner of the property and all 47 encumbrances against the property; the Developer's Alternatives 48 Statement, as provided for below; and the public outreach methods to be 49 used to engage stakeholders at the Stakeholder Outreach Meetings 50 consistent with the County's Guide to Golf Course Conversion as 51 established below. 23 l:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 1 b. Public Notice. The applicant shall be responsible for meeting the 2 requirements of LDC section 10.03.06. 3 2. Developer's Alternatives Statement requirements. The purpose of the 4 Developer's Alternatives Statement (DAS) is to serve as a tool to inform 5 stakeholders and the County about the applicant's development options and 6 intentions. It is intended to encourage communication, cooperation, and 7 consensus building between the applicant, the stakeholders, and the County. 8 b. Alternatives. The DAS shall be prepared by the applicant and shall 9 clearly identify the goals and objectives for the conversion project. The 10 DAS shall address, at a minimum, the three alternatives noted below. The 11 alternatives are not intended to be mutually exclusive; the conceptual 12 development plan described below may incorporate one or more of the 13 alternatives in the conversion project. 14 i. No conversion: The applicant shall examine opportunities to 15 retain all or part of the golf course. The following considerations 16 are to be assessed: 17 a) Whether the existing home owner's association(s) 18 surrounding the golf course are able to purchase all or part 19 of the golf course; and 20 b) Whether the existing home owner's association(s) and any 21 new association can coordinate joint control for all or part 22 of the golf course. 23 ii. County purchase: The applicant shall coordinate with the 24 [County' to determine if there is interest to donate, purchase, or 25 maintain a portion or all of the property for a public use, e.g., 26 public park, open space, civic use, or other public facilities. This 27 section shall not require the County to purchase any lands, nor 28 shall this require the property owner to donate or sell any land. 29 iii. Conceptual development plan: The applicant shall prepare one or 30 more proposed conceptual development plans, consistent with the 31 development standards established in section LDC section 32 5.05.15 G, depicting the proposed conversion to share with the 33 stakeholders at the Stakeholder Outreach Meetings as described 34 below. The conceptual development plan shall include a narrative 35 describing how the plan implements and is consistent with the 36 goals and objectives identified in the DAS. The conceptual plan 37 shall depict the retained and proposed land uses, including 38 residential, non-residential, and preserve areas; existing and 39 proposed roadway and pedestrian systems; existing and proposed 40 trees and landscaping; and the proposed location for the 41 greenway, including any passive recreational uses. The 42 narrative shall identify the intensity of the proposed land uses; 43 how the proposed conversion is compatible with the existing 44 surrounding land uses and any methods to provide benefits or 45 mitigate impacts to the stakeholders. Visual exhibits to describe 46 the conceptual development plan and any amenities, including the 47 greenway, shall also be provided. 48 3. Stakeholder Outreach Meetings (SOMs) for conversion applications. The SOMs 49 are intended to engage the stakeholders early in the conversion project and 50 inform the applicant as to what the stakeholders find important in the 51 neighborhood, what the stakeholders consider compatible with the neighborhood, 24 l:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-171Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 1 and what types of land uses they would support to be added to the 2 neighborhood. The applicant shall utilize Collier County's Guide to Golf Course 3 Conversion: Public Outreach Methods and Usable Open Space Concepts to 4 conduct the SOMs. An assigned County planner shall attend the SOM and 5 observe the process. The following is required of the applicant: 6 a. The Administrative Code shall establish the procedure and application 7 submittal requirements. 8 b. The applicant shall conduct a minimum of two in-person SOMs and a 9 minimum of one web-based visual survey on the proposed conceptual 10 plan(s). The web-based survey web address shall be incorporated in the 11 mailings notifying the stakeholders of the in-person SOMs. 12 c. At the SOM, the applicant shall provide information to the stakeholders 13 about the purpose of the meeting, including a presentation on the goals 14 and objectives of the conversion project, the alternatives established in 15 the Developer's Alternative Statement, the greenway concept, as required 16 in subsection D, and the measures taken to ensure compatibility with 17 the existing surrounding neighborhood. The applicant shall facilitate 18 discussion on these topics with the stakeholders using one or more public 19 outreach method(s) identified in the County's Guide to Golf Course 20 Conversion. 21 d. SOM report for conversion applications. After completing the SOMs the 22 applicant shall prepare a SOM report. The report shall include a list of 23 attendees, a description of the public outreach methods used, photos 24 from the meetings demonstrating the outreach process, results from 25 outreach methods (as described in the County's Guide to Golf Course 26 Conversion), and copies of the materials used during the SOMs. The 27 applicant shall also include a point-counterpoint list, identifying 28 reasonable input from the stakeholders and how and why it was or was 29 not incorporated in the conversion application. The report shall be 30 organized such that the issues and ideas provided by the stakeholders 31 are clearly labeled by the applicant in the list and the conversion 32 application. 33 4. Conversion application procedures. An applicant shall not submit a conversion 34 application (e.g. rezone, PUDA, SRAA, compatibility design review) until the 35 Intent to Convert application is deemed completed by County staff and the SOMs 36 are completed. Thereafter, the applicant may proceed by submitting a 37 conversion application with the County as follows: 38 a. Zoning actions. For projects subject to 5.05.15 B.1, the applicant shall 39 file a PUDA or rezone application, including the SOM report. No 40 deviations to LDC section 5.05.15 shall be approved; further, deviations 41 to other sections of the LDC shall be shared with the stakeholders at a 42 SOM or NIM. 43 b. Stewardship Receiving Area Amendments. For projects subject to 44 5.05.15 B.2, the applicant shall file a Stewardship Receiving Area 45 Amendments application, including the SOM report. No deviations to LDC 46 section 5.05.15 shall be approved; further, deviations to other sections of 47 the LDC shall be shared with the stakeholders at a SOM or NIM. 48 c. Compatibility design review. For projects subject to 5.05.15 B.3, the 49 applicant shall file a compatibility design review application, including the 50 SOM report. No deviations to LDC section 5.05.15 shall be approved. 25 l:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 1 D. Staff report for conversion applications. In addition to the requirements established in 2 LDC sections 10.02.08, 10.02.13 B.3, or 4.08.07, as applicable, the staff report shall 3 evaluate the following: 4 1. Whether the applicant has met the requirements established in this section and 5 development standards in the LDC. In particular, that the proposed design and 6 use(s) of the greenway, as applicable, meet the purpose as described 5.05.15 D. 7 2. Whether the SOM report and point-counterpoint list described above reflect the 8 discussions that took place at the SOMs. 9 3. Whether the applicant incorporated reasonable input provided by the 10 stakeholders to address impacts of the golf course conversion on stakeholder 11 real property. 12 4. Whether the applicant provided an explanation as to why reasonable input from 13 the stakeholders was not incorporated into the conceptual development plan. 14 E. Supplemental review and approval considerations for zoning actions and Stewardship 15 Receiving Area Amendments. The report and recommendations of the Planning 16 Commission and Environmental Advisory Council, if applicable, to the Board shall show 17 the Planning Commission has studied and considered the staff report for conversion 18 applications, reasonable input from the stakeholders, and the findings established in 19 LDC sections 10.02.08 E, 10.02.13 B, or 4.08.07, as applicable. In particular, the 20 Planning Commission shall give attention to the design of the greenway and how it 21 mitigates impacts to real property. Further attention shall be given to who can use the 22 greenway. The staff report for the Board shall include the Planning Commission's 23 findings. 24 F. Compatibility design review. For projects subject to 5.05.15 B.3, this section is intended 25 to address the impact of golf course conversion on real property by requiring the 26 conceptual development plan to be reviewed for compatibility with the existing ~' 27 surrounding uses. The land use is not subject to review. The following is required: 28 1. Application. The Administrative Code shall establish the submittal requirements 29 for the compatibility design review application. 30 2. Public Notice. The applicant shall be responsible for meeting the requirements 31 of LDC section 10.03.06. 32 3. Review. The Planning Commission shall review the staff report as described in 33 5.05.15 D, the compatibility design review application as follows, and make a 34 recommendation to the Board. 35 a. Whether the applicant has met the applicable requirements established 36 in this section and reasonably addressed the concepts identified in LDC 37 section 5.05.15 D.2 — D.4. 38 b. Whether the conceptual design is compatible with the existing 39 surrounding land uses. 40 c. Whether a view of open space is provided that mitigate impacts to real 41 property for the property owners that surround the golf course. 42 d. Whether open space is retained and available for passive recreation. 43 4. The Board shall consider the staff report and Planning Commissioner's report 44 and approve, approve with conditions, or deny application. Upon approval of the 45 application, the applicant shall obtain approval of any additional required 46 development order, such as SDP, construction plans, or conditional use. 47 G. Development standards. The following are additional minimum design standards for 48 zoning actions and Stewardship Receiving Area Amendments. The Compatibility design 49 review process shall be subject to LDC section 5.05.15 G.6. 50 1. Previously approved open space. Golf course acreages utilized to meet the 51 minimum open space requirements for a previously approved project shall be 26 I:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 1 retained as open space and shall not be included in open space calculations for 2 any subsequent conversion projects. 3 2. Greenway. The purpose of the qreenway is to retain an open space view for 4 stakeholders, support passive recreational uses, and support existing wildlife 5 habitat. For the purposes of this section the qreenway shall be identified as a 6 continuous strip of undeveloped land set aside for passive recreational uses, 7 such as: open space, nature tails, parks, playgrounds, golf courses, beach 8 frontage, disc golf courses, exercise equipment, and multi-use paths. The Board 9 may approve other passive recreational uses that were vetted at the 10 Stakeholder Outreach Meetings and are supported by the stakeholders. The 11 qreenway shall not include required yards (setbacks) of any individual lots. 12 a. The qreenway shall be contiguous to the existing residential properties 13 surrounding the golf course and generally located along the perimeter of 14 the proposed development. The Board may approve an alternative 15 design that was vetted at the Stakeholder Outreach Meetings, as 16 provided for in LDC section 5.05.15 C.3 and is supported by the 17 stakeholders. 18 b. A minimum of 35 percent of the gross area of the conversion project shall 19 be dedicated to the greenway. The qreenway shall have a minimum 20 average width of 100 feet and no less than 75 feet at any one location. 21 c. Maintenance of the qreenway shall be identified through the zoning or 22 and Stewardship Receiving Area Amendment process. 23 d. The greenway may be counted towards the open space requirement for 24 the conversion project as established in LDC section 4.02.00 except as 25 noted in G.1 above. 26 e. Existing trees and understory (shrubs and groundcover) shall be 27 preserved and maintained within the greenway, except where minimal 28 improvements are needed that provide a passive recreational use. At a 29 minimum, canopy trees shall be provided at a ratio of 1:2,000 square feet 30 within the greenway. Existing trees may count toward the ratio; however, 31 trees within preserves shall be excluded from the ratio. 32 f. A wall or fence is not required between the greenway and the proposed 33 development; however, should a wall or fence be constructed, the fence 34 shall provide habitat connectivity to facilitate movement of wildlife in and 35 around the greenway. 36 g. A portion of the greenway may provide stormwater management; 37 however, the greenway shall not create more than 30 percent additional 38 lake area than what exists pre-conversion. Any newly developed lake 39 shall be a minimum of 100 feet wide. 40 h. The applicant shall record a restrictive covenant in the County's official 41 records describing the use and maintenance of the greenway. 42 3. Supplemental preserve provisions. 43 a. Conversion projects with sporadic vegetation, e.g. isolated preserves less 44 than 1/2 acre and/or areas of native vegetation retention less than 1/2 45 acre (including planted areas) which meet the criteria established in LDC 46 section 3.05.07 A.4 may recreate up to 100 percent of required preserve 47 area if located within the greenway. 48 b. The existing required preservation areas for a golf course shall be 49 retained and maintained as established in LDC section 3.05.07 B.1; 50 however, 50 percent of the areas may be counted towards the required 51 preserve area for the conversion project if located within the greenway 27 I:\2016 LDC Amendment Cycle\Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 1 and made available for passive recreation uses as allowed for in LDC 2 section 3.05.07 H.1.h. 3 4. Stormwater management requirements. The applicant shall demonstrate that 4 the stormwater management for the surrounding uses will be maintained at an 5 equivalent or improved level of service. This shall be demonstrated by a pre 6 versus post development stormwater runoff analysis. 7 5. Floodplain compensation. In accordance with LDC section 3.07.02 floodplain 8 compensation shall be provided. 9 6. Soil and/or groundwater sampling. In addition to the soil and/or ground water 10 sampling requirements established in LDC section 3.08.00 A.4.d, the applicant 11 shall conduct soil and/or groundwater sampling for the pollutants as follows: 12 Managed turf, chemical storage/mixing areas, and maintenance areas (i.e. 13 equipment storage and washing areas, fueling and fuel storage areas) shall be 14 tested for organophosphate, carbamate, triazine pesticides, or chlorinated 15 herbicides. In addition, maintenance areas, as described above, shall be tested 16 for petroleum products. The County shall notify the Department of Environmental 17 Protection where contamination exceeding applicable Department of 18 Environmental Protection standards is identified on site or where an 19 Environmental Audit or Environmental Assessment has been submitted. 20 7. All other development standards. The conversion of golf courses shall be 21 consistent with the development standards in the LDC, as amended. Where 22 conflicts arise between the provisions in this section and other provisions in the 23 LDC, the more restrictive provision shall apply. 24 H. Design standards for lands converted from a golf course or for a permitted use within the 25 GC zoning district shall be subject to the following design standards. 26 1. Lighting. All lighting shall be designed to reduce light pollution. At a minimum, 27 lighting shall be directed away from neighboring properties and all light fixtures 28 shall be full cutoff with flat lenses. 29 2. Setbacks. All non-golf course uses, except for the greenway, shall provide a 30 minimum average 50-foot setback from lands zoned residential or with 31 residential uses, however the setback shall be no less than 35 feet at any one 32 location. 33 # # # # # # # # # # # # # 28 l:12016 LDC Amendment Cycle'Advisory Boards and Public Hearings\CCPC\1-5-17\Memo to Planning Commission 12-28-16.docx