Agenda 03/28/2017 Item # 9A Proposed Agenda Changes
Board of County Commissioners Meeting
March 28,2017
Move Item 16E2 to Item 11F: Recommendation to approve a Resolution in support of
achieving the status of Blue Zones employer from the Blue Zones Project of Southwest
Florida. (Commissioner McDaniel's request)
Continue Item 16G1 to the April 11,2017 BCC Meeting: Recommendation to approve
staff's ranking of aviation service providers for vacant counter space at the Marco
Island Executive Airport and direct staff to pursue a Collier County Airport Authority
Standard Form Lease Agreement with Island Air Charters,Inc. (Staff's request)
Note:
Item 9A: LDC amendments: Section 6.05.01 relating
to Water Management Requirements and Section
6.05.03 pertaining to Stormwater Plans are continued
to the April 11th Board of County Commissioners
Board meeting. The remaining amendments will be
heard on today's agenda.
Item 16A15: Administrative Code amendments: Section M,Stormwater Plan,of Chapter Four,
Administrative Procedures of the Administrative Code for Land Development is continued to the
April 11th Board of County Commissioners meeting. The remaining amendments will be heard on
today's agenda.
Time Certain Items:
Item 9A to be heard at 9:45 a.m.
03/28/2017
EXECUTIVE SUMMARY
Recommendation to consider an Ordinance 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,
more specifically, to add uses to the list of permitted and conditional uses in the Golf Course (GC)
Zoning District; 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.
(This is a companion to Agenda Items 16.A.3 and 16.A.15).
OBJECTIVE: To obtain the Board of County Commissioners (Board) approval of the proposed 2016
Land Development Code (LDC) Amendments Cycle 1 in order to serve the best interest of the public.
CONSIDERATIONS: The 2016 Land Development Code Amendment Cycle 1 contains several
amendments, including: a new section addressing the conversion of golf courses to other land uses;
adding land uses to the Golf Course zoning district; and refocusing the section requiring stormwater plans
for specific residential uses. Each amendment is discussed in detail below.
Golf Course Conversion Amendments - LDC section 5.05.15 Golf Course Conversions
The proposed section provides a framework for the conversion of constructed golf courses to a different
land use. The new section aims to mitigate the impacts of conversions on residential property owners
located around golf courses. This amendment follows Board direction on April 12, 2016, to implement a
six month moratorium on golf course conversions in order to prepare an LDC amendment to address their
concerns. The Board’s concerns included: the loss of open space areas in the County; retaining sufficient
stormwater management for surrounding properties; potential for diminution of property values due to
lost open space views; and to recognize the importance of the neighborhood’s input through the
conversion process. To obtain sufficient time to prepare and publically vet the LDC amendment staff
provided a report to the Board on September 27, 2016, demonstrating research on golf course conversions
in the state of Florida thus far and a request to extend the moratorium an additional six months. On
September 27, 2016, the Board approved a moratorium extension to April 11, 2017 (See Attachment 1,
Exhibit G).
Golf Courses are unique
It is necessary to codify a specific golf course conversion process because golf courses are unique land
uses. This uniqueness is due to a variety of reasons, one being residential property owners often
purchased their homes with the expectation they will have a golf course view in perpetuity. Another
reason is because golf courses are distinct from commercial zoning districts. Commercial zoning districts
support a vast number of other uses allowed by right while conventionally zoned golf courses are limited
to a golf course land use.
In addition, golf courses are a local community asset. Golf courses provide neighborhoods with nearby
social and recreational opportunities, business networking opportunities, and places for high school teams
03/28/2017
to play. Golf courses are also home to professional tournaments which bring players, teams, and
spectators. Further, golf courses provide open space within the built environment and are often a
cornerstone of social interaction for surrounding neighborhoods. Therefore, the proposed process aims to
actively engage and address concerns from the surrounding residential property owners.
Public outreach to obtain stakeholder input
To ensure public awareness and input, the proposed conversion process requires two new forms of public
outreach. First, applicants will host two advertised Stakeholder Outreach Meetings for “stakeholders”
(property owners that live within 1,000 feet of the golf course). Second, applicants will generate a web -
based visual survey to gauge stakeholders’ opinions on design elements (See Attachment 1, Exhibit H).
The visual survey will be particularly helpful for stakeholders who are not able to provide their
perspective at a meeting.
The Stakeholder Outreach Meetings are designed to engage stakeholders early in the conversion project
and facilitate open communication and feedback between the applicant and the stakeholders. These
meetings are intended to inform the applicant as to what the stakeholders consider important and
compatible with their neighborhood. Collaboration, interaction, and cooperation between all parties is
encouraged. Similar to a Neighborhood Information Meeting, which is required for other land use
petitions requiring public hearings, the Stakeholder Outreach Meetings 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.
The conversion process requires the applicant to answer stakeholder questions and explain why
stakeholders’ input was or was not incorporated into the proposed conceptual development plan. This will
provide transparency to the conversion project. The Stakeholder Outreach Meeting will also serve to hold
the stakeholders and applicant accountable for their manner of participation. Should consensus not be
achieved and either party pursue litigation, the Stakeholder Outreach Meeting requirements may
demonstrate that one or more of the parties was uncooperative or unreasonable.
Addressing compatibility with open space views
To provide compatibility between existing residential land uses and the proposed development, the
proposed standards require a 75 to 100 foot wide greenway to be contiguous to the surrounding residential
properties (See Attachment 1, Exhibit B). The greenway is defined as a continuous strip of land set aside
for passive recreational uses, such as open space, nature trails, parks, playgrounds, golf courses, etc. The
purpose of the greenway is to retain an open space view for stakeholders, support passive recreational
uses, and support existing wildlife habitat. The greenway is intended to be located contiguous to existing
residential properties to provide a buffer between these properties and the new development. An
alternative greenway design may be used if presented to the stakeholders and appr oved by the Board. The
alternative design is intended to allow for development in the instance the standard greenway would
render the golf course undevelopable. For example, an alternative greenway design may be the
consolidation of the greenway into one area of the development that is contiguous to the existing
residential properties and developed as a park area.
The greenway is intended to be a main point of discussion and collaboration at the Stakeholder Outreach
Meetings. At the meetings, the stakeholders can share the recreational uses preferred in the greenway. For
example, the greenway may consist of solely existing and planted vegetation, or stakeholders may support
a walking path behind their properties. It is important to note the greenway will be owned by the applicant
unless a different use and/or maintenance arrangement is created with another party.
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Golf course conversion process
The proposed process includes a new application, titled Intent to Convert, which the applicant will
complete prior to submitting a request to change the golf course to a non-golf course land use. The Intent
to Convert application, among other things, prepares the applicant to hold the Stakeholder Outreach
Meetings. Table 1 below depicts the general steps required prior to requesting a change in land use.
Table 1
Overview of Golf Course Conversion Process
Step 1 Applicant attends a pre-application meeting with the County.
Step 2 Applicant submits an Intent to Convert application to the County.
Step 3 Intent to Convert application is reviewed by staff; applicant can proceed with public notice once the
application is deemed satisfactory by staff. Public notice includes: signage and mailers to property
owners within 1,000 feet regarding potential conversion.
Step 4 Applicant publically notices and hosts two Stakeholder Outreach Meetings; applicant engages
stakeholders to provide input through public outreach methods.
Step 5 Applicant submits Stakeholder Outreach Meeting Report to the County. Report includes questions
and input from the stakeholders.
Step 6 Intent to Convert application is approved. Applicant may then request a change in land use through a
rezone, PUD/PUDA, Stewardship Receiving Area Amendment or compatibility design review, as
applicable, collectively referred to as “conversion applications.”
Step 7 Applicant proceeds with golf course conversion application which is reviewed by staff and Planning
Commission and a final decision is made by the Board.
Compatibility design review
In instances where a golf course property has additional land uses allowed by right, such as a residential
use, it is proposed that the project design be approved by the Board. The goal of this process is to ensure
the project is planned and developed in a manner that is compatible with the existing land uses. The
Planning Commission will review and provide a recommendation to the Board. It is important to note the
applicant will be required to submit an Intent to Convert application and provide public outreach through
the Stakeholder Outreach Meetings and the visual survey.
Adding Land Uses to the Golf Course Zoning District - LDC section 2.03.09 Open Space Zoning
Districts
Currently, only golf courses and related accessory and conditional uses are allowed in the Golf Course
zoning district. It is proposed that additional passive recreational land uses are added to the list of
permitted and conditional uses in the zoning district to allow for greater flexibility. In addition, the new
uses provide awareness to property owners who live around the golf course that it may be redeveloped to
a different recreational use or through the conditional use process.
Stormwater Plan Amendment - LDC section 6.05.01 Water Management Requirements
This section establishes maximum lot coverage and impervious areas to address impacts associated with
stormwater runoff flowing onto neighboring properties. However, staff has found that the current
standards do not adequately protect against the possibility for stormwater impacts. Moreover, in 2013, the
Development Services Advisory Committee reviewed the stormwater plan requirements in this section
and determined that the maximum lot coverage and impervious areas are disproportionately limiting on
Estates lots and recommended an LDC amendment reevaluate the lot coverage and impervious area
thresholds.
This amendment removes the maximum lot coverage, establishes two types of stormwater plans, and
expands the requirement for a stormwater plan to all new buildings, additions, or redevelopment of
single-family dwellings, two-family dwellings, and duplexes (with some exceptions). Type I stormwater
plans, require applicants demonstrate where stormwater is intended to flow, while Type II stormwater
plans require an engineered plan similar to those required by the current code. Furthermore, the
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impervious area thresholds for engineered plans have been modified to reduce the number of lots required
to provide an engineered plan.
Administrative Code for Land Development Sections
Several proposed Administrative Code for Land Development sections are included as exhibits to the
respective LDC amendments for informational purposes. These sections include application and notice
requirements relating to these LDC amendments. The Administrative Code sections will be presented to
the Board for approval on March 28, 2017.
Timeline for Adoption of LDC Amendments
This LDC amendment cycle includes a change that amends the actual list of permitted, conditional, or
prohibited uses of land within a zoning category. Pursuant to LDC section 10.03.06 K, this amendment
requires two Board hearings, with at least one hearing held after 5:00 p.m., unless by supermajority vote
the Board elects to conduct the hearing at another time of day. On January 24, 2017 the Board elected to
fulfill the nighttime hearing requirement on March 14, 2017 at 5:05 p.m. This is the second and final
required advertised hearing for the LDC amendments.
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Planning
Commission reviewed the LDC amendments on December 15, 2016, January 5, 2017, January 19, 2017,
and January 30, 2017. The Planning Commission unanimously approved the LDC amendments during a
special nighttime hearing on January 30, 2017.
Please note that several non-substantive changes have been made to the LDC amendments after the
Planning Commission’s approval to address consistency. In addition, there was a change to Section
10.03.06 W. relating to the timing of notice for the Intent to Convert Application. The language presented
to the CCPC stated that mailed notice and posting of a sign was to occur after the Intent to Convert
application has been "approved." However, the language has been revised to state that mailed notice and
posting of a sign is to occur after the Intent to Convert application has been "reviewed and deemed
satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings." The change was
made in order to provide clarity regarding the timing of the notice requirements. An additional change
was made to correct a typo in proposed LDC section 5.05.15 G.6 after the March 14, 2017, Board
meeting. This correction ensures that soil and groundwater sampling tests include all listed chemicals.
FISCAL IMPACT: There are no fiscal impacts associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires an
affirmative vote of four for Board approval. - SAS
GROWTH MANAGEMENT IMPACT: As noted for each individual amendment.
RECOMMENDATION: That the Board approve the proposed ordinance for the 2016 Land
Development Code Amendments Cycle 1 and direct staff as to any changes.
Prepared By: Caroline Cilek, AICP, CFM, Land Development Code Manager, Development Review
Division
ATTACHMENT(S)
1. [Linked] Complete LDC Amendment Packet (PDF)
2. 2016-1 Draft ordinance 3.15.17 (PDF)
3. Legal Ad - Agenda ID 2780 (PDF)
03/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A
Doc ID: 2780
Item Summary: ***This item to be heard at 9:45 a.m.*** Recommendation to consider an
Ordinance 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, more specifically, to add uses to the list of permitted and
conditional uses in the Golf Course (GC) Zoning District; 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. (This is a
companion to Agenda Items 16.A.3 and 16.A.15).
Meeting Date: 03/28/2017
Prepared by:
Title: Planner, Senior – Growth Management Development Review
Name: Jeremy Frantz
02/22/2017 4:43 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
02/22/2017 4:43 PM
Approved By:
Review:
Growth Management Development Review Caroline Cilek Additional Reviewer Completed 02/22/2017 4:56 PM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 02/22/2017 4:59 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 02/24/2017 7:42 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/27/2017 9:40 AM
Growth Management Department James French Additional Reviewer Completed 03/02/2017 6:28 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/07/2017 4:46 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/08/2017 8:46 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/09/2017 4:56 PM
03/28/2017
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/16/2017 8:26 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 4:01 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM
1
2016 Land Development Code
Amendment Cycle
Board of County Commissioners Meeting
Tuesday, March 28, 2017
Page 1
Table of Contents
LDC Section LDC Amendment Description Page
Summary Sheet 3
Golf Course Conversions
LDC section
2.03.09
This amendment establishes certain compatible recreational uses as
permitted or conditional uses within the Golf Course zoning district.
6
LDC sections
2.03.06, 3.05.07,
5.05.15 &
10.03.06
This amendment 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.
9
Exhibit A Collier County golf courses map 27
Exhibit B Proposed 100 ft greenway maps 28
Exhibit C Open space views and property value analysis 38
Exhibit D Research on Florida communities approving and denying golf course
conversions
41
Exhibit E Proposed Administrative Code amendments 44
Exhibit F Flowchart for LDC section 5.05.15 Golf Course Conversions 62
Exhibit G 16.A.22 Executive summary requesting moratorium extension and
research paper
63
Exhibit H Example web-based visual survey 73
Exhibit I Public comments 77
Stormwater Plans
LDC sections
6.05.01 & 6.05.03
This amendment expands the requirement for a stormwater plan to
all new buildings, additions, or redevelopment of single-family
dwellings, two-family dwellings, and duplexes (with some
exceptions). The amendment also modifies the design requirements
for stormwater plans.
78
Exhibit A Proposed Administrative Code amendments 94
Exhibit B Public Comments 96
Page 2
2016 Cycle LDC Amendments
Summary Sheet with Advisory Board and Board Recommendations
Page 1 of 3
LDC Section(s)
Proposed
Amendment
Overview
DSAC-LDR Subcommittee
Recommendation
September 12, September 19
October 19
November 3, 16, & 29
December 19
DSAC
Recommendation
December 7
January 4
CCPC
Recommendation
December 15
January 5, 19, 30
February 16
Board Directed Amendments
Origin: Board of County
Commissioners
Author: Growth
Management Staff
Sections:
2.03.06 Planned Unit
Development
Standards, 3.05.07
Preservation
Standards, 5.05.15
Conversion of Golf
Courses (New Section),
10.03.06 …
This amendment
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.
The subcommittee reviewed the proposed amendment on
November 3, November 16, November 29, and December 7, 2016.
Voting unanimously in opposition to the proposed LDC amendment,
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 Subcommittee
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 and cannot enforce private
property 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.
The Committee
supported the
recommendation
of the DSAC-LDR
Subcommittee on
December 7, 2016
and January 4,
2017.
No changes,
approved
unanimously on
January 30, 2017.
Page 3
2016 Cycle LDC Amendments
Summary Sheet with Advisory Board and Board Recommendations
Page 2 of 3
LDC Section(s)
Proposed
Amendment
Overview
DSAC-LDR Subcommittee
Recommendation
September 12, September 19
October 19
November 3, 16, & 29
December 19
DSAC
Recommendation
December 7
January 4
CCPC
Recommendation
December 15
January 5, 19, 30
February 16
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, play) on the greenway because it is not land
they own or have a right to use currently.
Origin: Board of County
Commissioners
Author: Growth
Management Staff
Section:
2.03.09 Open Space
Zoning Districts - Golf
Course and
Recreational Use
District “GC”.
This amendment
establishes certain
compatible
recreational uses
as permitted or
conditional uses
within the Golf
Course zoning
district.
No changes, approved unanimously on December 19, 2016.No changes,
approved
unanimously on
January 4, 2017.
No changes,
approved
unanimously on
January 30, 2017.
Page 4
2016 Cycle LDC Amendments
Summary Sheet with Advisory Board and Board Recommendations
Page 3 of 3
LDC Section(s)
Proposed
Amendment
Overview
DSAC-LDR Subcommittee
Recommendation
September 12, September 19
October 19
November 3, 16, & 29
December 19
DSAC
Recommendation
December 7
January 4
CCPC
Recommendation
December 15
January 5, 19, 30
February 16
Requested by the Growth Management Department
Origin: Growth
Management
Department
Author: Growth
Management Staff
Sections:
6.05.01 Water
Management
Requirements, 6.05.03
Stormwater Plans for
Single-Family Dwelling
Units, Two-Family
Dwelling Units, and
Duplexes (New Section)
This amendment
expands the
requirement for a
stormwater plan
to all new
buildings,
additions, or
redevelopment of
single-family
dwellings, two-
family dwellings,
and duplexes
(with some
exceptions). The
amendment also
modifies the
design
requirements for
stormwater plans.
No changes, approved unanimously on November 29, 2016.No changes,
approved
unanimously on
December 7,
2016.
Reviewed on
December 15,
2016, and
approved
unanimously with
no changes on
January 30, 2017.
Page 5
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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 be 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: No changes, approved unanimously on January 4, 2017.
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PLANNING COMMISSION RECOMMENDATION: No changes, approved unanimously on
January 30, 2017.
FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts
associated with this amendment.
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
2.03.09 Open Space Zoning Districts 2
A. Golf Course and Recreational Use District "GC". The purpose and intent of "GC" district 3
is to provide lands for golf courses, recreational uses, and normal accessory uses to 4
golf courses, including certain uses of a commercial nature. Recreational uses should be 5
compatible in scale and manner with residential land uses. The GC district shall be in 6
accordance with the urban mixed use district and the agricultural/rural mixed use district 7
of the future land use element of the Collier County GMP. All uses shall be subject to 8
design standards established in LDC section 5.05.15 H, and other applicable LDC 9
standards. 10
1. The following subsections identify the uses that are permissible by right and the 11
uses that are allowable as accessory or conditional uses in the GC district. 12
a. Permitted uses. 13
1. Golf courses. 14
2. Hiking trails, walkways, multi-use paths and observation decks. 15
3. Passive recreation areas. 16
4. Disc golf. 17
b. Accessory U uses. 18
1. Uses and structures that are accessory and incidental to uses 19
permitted as of right in the GC district. 20
2. Recreational facilities that serve as an integral part of a golf 21
course the permitted use, including but not limited to: clubhouse, 22
community center building, practice driving range, shuffleboard 23
courts, swimming pools and tennis facilities, snack shops and 24
restrooms. 25
3. Pro shops with equipment sales, no greater than 1,000 square 26
feet, associated with a golf course. 27
4. Restaurants, associated with a golf course, with a seating 28
capacity of 150 seats or less provided that the hours of operation 29
are no later than 10:00 p.m. 30
5. A maximum of two residential dwellings units for use by golf 31
course employees in conjunction with the operation of the golf 32
course. 33
6. Golf mMaintenance buildings. 34
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c. Conditional uses. The following uses are permissible as conditional uses in 1
the GC district, subject to the standards and provisions established in LDC 2
section 10.08.00. 3
1. Commercial establishments oriented to the golf course permitted 4
uses of the district including gift shops; pro shops with equipment 5
sales in excess of 1,000 square feet; restaurants with seating 6
capacity of greater than 150 seats; cocktail lounges, and similar 7
uses, primarily intended to serve patrons of the golf course. 8
2. Cemeteries and memorial gardens. 9
3. Equestrian facilities, including any trails, no closer than 500 feet to 10
residential uses. 11
4. Museums. 12
5. Water related activities, including non-motorized boating, boat 13
ramps, docks, and fishing piers. 14
6. Courts, including bocce ball, basketball, handball, pickle ball, 15
tennis, and racquetball. 16
7. Neighborhood fitness and community centers. 17
8. Parks and playgrounds. 18
9. Pools, indoor or outdoor. 19
10. Botanical gardens. 20
11. Any other recreational use which is compatible in nature with the 21
foregoing uses as determined by the Hearing Examiner or Board 22
of Zoning Appeals, as applicable. 23
# # # # # # # # # # # # # 24
25
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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 Districts
3.05.07 Preservation Standards
5.05.15 Conversion of Golf Courses (new section)
10.03.06 Public Notice and Required Hearings for Land Use Petitions
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 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 surrounding the golf course, and allows the applicant to vet alternative designs
prior to submitting a land use petition. Ultimately, the combination of design standards and
community outreach is intended to provide compatibility for existing residential stakeholders
regardless of the golf course layout.
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, LDC section 2.03.09 Open
Space Zoning Districts will be amended to introduce additional uses to the golf course zoning
district, LDC section 3.05.07 will be amended to reflect the allowance for created preserves over
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½ acre for golf course conversions, and LDC section 10.03.06 regarding public notices will be
updated to reflect new LDC section 5.05.15 notice requirements established by this amendment.
Table 1
Number of Golf Courses by Golf Holes in Collier County
Number of Courses Number of Holes on the Golf Course
2 9
52 18
5 27
10 36
Total number of courses 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) / RMF-6/ RMF-16 1
Golf Course (GC) / RSF-3 1
PUD 47
RFMUD-PUD 3
RFMUD-A 1
RFMUD-A-CU 4
A-MHOI-RLSAO 1
RMF-16 1
PUD-RFMUD 1
Total 69
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 Number of Golf Courses
10-50 Par 3 - Driving Range 6
50-99 Executive 4
100-220 Championship or
Regulation
40
240 or greater 19
Total 69
Note: Utilized golf course acreage totals to determine golf course types as described in: Muirhead, D.
& Rando G. (1994) Golf Course Development and Real Estate. Urban Land Institute.
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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
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 12, 2016, to pursue an LDC amendment to
address golf course conversion to other land uses. The Board discussed the following issues and
concerns related to the existing residential property owners who live around a golf course (meeting
minutes, pgs. 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 demonstrate the use is no l onger
economically viable as a golf course.
Importance of involving the neighborhood in the conversion process.
Legal encumbrances on golf courses should be identified.
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, 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 12, 2016, 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
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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
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
conversion on real property by requiring outreach with stakeholders during the design phase of the
conversion project and specific development standards to ensure compatibility with the 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. However, 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. LDC section 2.03.09 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.
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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 s takeholders 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 Design Review application is submitted to the
County.
Figure 1
Intent to Convert
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. After the Intent to Convert
application is approved by County staff for the next step, the applicant sends out a mailed notice
to 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.
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The following describe some of the key Intent to Convert application requirements:
A title opinion or title commitment that identifies the current owner of the property and all
encumbrances against the property. This will require due diligence on the part of the
applicant prior to submitting the application.
The Developer’s Alternatives 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 Alternatives
Statement plays an important role in allowing the property owner, the stakeholders, and
the County to evaluate each option. 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. 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 Alternatives Statement is designed to encourage
communication, cooperation, and consensus building between the applicant, the
stakeholders, and the County.
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 Administrative Code for Land Development’s
Stakeholder Outreach Meeting section. 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, facilitated by the applicant, are intended to provide open
communication and feedback between the applicant and the stakeholders about what the
stakeholders consider important and compatible with their neighborhood. Collaboration,
interaction, and cooperation between all parties is encouraged.
The meetings will also hold the stakeholders and applicant accountable for their manner of
participation. 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 Neighborhood Information Meeting
(NIM), the Stakeholder Outreach Meetings 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. Two Stakeholder Outreach Meetings are required so that the applicant is able to
incorporate any feedback into the conceptual plans for the development.
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The applicant is also required to provide a web-based visual survey to gage stakeholders’ opinions
on design elements. The survey provides the opportunity for additional outreach people who may
not be able to attend the meetings, such as seasonal residents.
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
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 Amendment, 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 the EAC as applicable, and the 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 converted 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
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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 permitted 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 and final
approval from the Board.
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 course 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 requirement for the
previously approved project. 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
land that is set aside for passive recreational uses, including but not limited to: open space, nature
trails, parks, playgrounds, 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 goals
of the greenway are 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).
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 b y providing
habitat connectivity.
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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.
Additional preserve standards
Standard preservation requirements pursuant to LDC section 3.05.07 will be required for any
conversion project. Two additional provisions are introduced in the section to address existing
native vegetation. The first takes into account conversion projects that have isolated areas of native
vegetation that are less than ½ acre (including planted areas) which meet LDC section 3.05.07
A.1-2. Staff supports the ability for the applicant to combine these isolated areas into one larger
preserve area. This provision allows the applicant to exceed the ½ acre limitation and recreate up
to their preserve acreage requirement.
The second provision addresses existing preserves and aims to retain all County approved
preserves. Conventionally zoned golf courses may utilize the retained preserve to meet their
preserve requirement because it is only connected to the golf course and not to any other use.
However, golf courses within PUDs shall only be able to use preserve acreage in excess of the
minimum preserve requirement and will likely be required to provide additional preserve acreage
to support a new development.
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 or the loss of existing stormwater management areas due to 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 which
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 non-golf course
use listed in the golf course zoning district. There are two design requirements, lighting and
setbacks, to apply.
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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 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.
Because new lighting can be a sensitive issue, it is proposed that lighting standards be vetted with
stakeholders through the Stakeholder Outreach Meetings and public hearings.
The goal of the setback requirement is to ensure there is sufficient distance between the proposed
use and existing property owners around 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 for the greenway was employed, there would still be a minimum
average 50-foot setback applied to the new uses. It should be noted that any uses within the
greenway are not subject to this setback requirement. Recreational uses such as playgrounds
should be vetted with stakeholders through the Stakeholder Outreach Meetings and public
hearings.
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 P UDA
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.
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DSAC RECOMMENDATIONS: The Committee supported the recommendation of the DSAC-
LDR Subcommittee on December 7, 2016.
PLANNING COMMISSION RECOMMENDATIONS: No changes, approved unanimously
on January 30, 2017
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. Revised January 11, 2017.
Amend the LDC as follows:
1
2.03.06 Planned Unit Development Districts 2
* * * * * * * * * * * * * 3
H. Conversion of Golf Courses. Golf courses constructed within a PUD shall adhere to the 4
process established in LDC section 5.05.15 prior to converting to another use. 5
# # # # # # # # # # # # # 6
7
3.05.07 Preservation Standards 8
* * * * * * * * * * * * * 9
H. Preserve standards. 10
1. Design standards. 11
* * * * * * * * * * * * * 12
e. Created preserves. Although the primary intent of GMP CCME Policy 13
6.1.1 is to retain and protect existing native vegetation, there are 14
situations where the application of the retention requirements of this 15
Policy is not possible. In these cases, creation or restoration of vegetation 16
to satisfy all or a portion of the native vegetation retention requirements 17
may be allowed. In keeping with the intent of this policy, the preservation 18
of native vegetation off site is preferable over creation of preserves. 19
Created Preserves shall be allowed for parcels that cannot reasonably 20
accommodate both the required on-site preserve area and the proposed 21
activity. 22
i. Applicability. Criteria for determining when a parcel cannot 23
reasonably accommodate both the required on-site preserve area 24
and the proposed activity include: 25
* * * * * * * * * * * * * 26
(e) When small isolated areas (of less than ½ acre in size) 27
of native vegetation exist on site. In cases where 28
retention of native vegetation results in small isolated 29
areas of ½ acre or less, preserves may be planted with all 30
three strata; using the criteria set forth in Created 31
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Preserves and shall be created adjacent existing native 1
vegetation areas on site or contiguous to preserves 2
on adjacent properties. This exception may be granted, 3
regardless of the size of the project. Created preserves 4
may exceed the ½ acre size limitation for golf course 5
conversion applications in accordance with LDC section 6
5.05.15. 7
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9
5.05.15 Conversion of Golf Courses 10
11
A. Purpose and Intent. The purpose of this section is to assess and mitigate the impact of 12
golf course conversion on real property by requiring outreach with stakeholders during 13
the design phase of the conversion project and specific development standards to 14
ensure compatibility with the existing land uses. For the purposes of this section, 15
property owners within 1,000 feet of a golf course shall hereafter be referred to as 16
stakeholders. 17
1. Stakeholder outreach process. The intent is to provide a process to cultivate 18
consensus between the applicant and the stakeholders on the proposed 19
conversion. In particular, this section is designed to address the conversion of 20
golf courses surrounded, in whole or in part, by residential uses or lands zoned 21
residential. 22
2. Development standards. It is the intent of the specific development standards 23
contained herein to encourage the applicant to propose a conversion project 24
with land uses and amenities that are compatible and complementary to the 25
existing neighborhoods. Further, the applicant is encouraged to incorporate 26
reasonable input provided by stakeholders into the development proposal. 27
B. Applicability. The following zoning actions, Stewardship Receiving Area Amendments, 28
and Compatibility Design Review petitions, hereafter collectively referred to as 29
“conversion applications,” shall be subject to LDC section 5.05.15. A conversion 30
application shall be required when an applicant seeks to change a constructed golf 31
course to a non-golf course use. However, where a permitted, accessory, or 32
conditional use is sought for a golf course zoned Golf Course and Recreational Use 33
(GC), the applicant shall be exempt from this section except for LDC section 5.05.15 H. 34
1. Zoning actions. This section applies to a golf course constructed in any zoning 35
district where the proposed use is not a permitted, accessory, or conditional 36
use in the zoning district or tract for which a zoning change is sought. Zoning 37
actions seeking a PUD rezone shall be subject to the minimum area 38
requirements for PUDs established in LDC section 4.07.02; however, the 39
proposed PUD shall not be required to meet the contiguous acres requirement so 40
long as the PUD rezone does not include lands other than the constructed golf 41
course subject to the conversion application. 42
2. Stewardship Receiving Area Amendments. This section applies to a golf course 43
constructed on lands within a Stewardship Receiving Area where the proposed 44
use is not a permitted, accessory, or conditional use in the context zone for 45
which the change is sought. 46
3. Compatibility Design Review. This section applies to a golf course constructed 47
in any zoning district or designated as a Stewardship Receiving Area that utilize 48
a non-golf course use which is a permitted, accessory or conditional use within 49
the existing zoning district or designation. Conditional uses shall also require 50
conditional use approval subject to LDC section 10.08.00. 51
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C. Application process for conversion applications. 1
1. Intent to Convert application. The applicant shall submit an “Intent to Convert” 2
application to the County prior to submitting a conversion application. The 3
following is required of the applicant: 4
a. Application. The Administrative Code shall establish the procedure and 5
application submittal requirements, including: a title opinion or title 6
commitment that identifies the current owner of the property and all 7
encumbrances against the property; the Developer’s Alternatives 8
Statement, as provided for below; and the public outreach methods to be 9
used to engage stakeholders at the Stakeholder Outreach Meetings as 10
established below. 11
b. Public Notice. The applicant shall be responsible for meeting the 12
requirements of LDC section 10.03.06. 13
2. Developer’s Alternatives Statement requirements. The purpose of the 14
Developer’s Alternatives Statement (DAS) is to serve as a tool to inform 15
stakeholders and the County about the applicant’s development options and 16
intentions. It is intended to encourage communication, cooperation, and 17
consensus building between the applicant, the stakeholders, and the County. 18
b. Alternatives. The DAS shall be prepared by the applicant and shall 19
clearly identify the goals and objectives for the conversion project. The 20
DAS shall address, at a minimum, the three alternatives noted below. The 21
alternatives are not intended to be mutually exclusive; the conceptual 22
development plan described below may incorporate one or more of the 23
alternatives in the conversion project. 24
i. No conversion: The applicant shall examine opportunities to 25
retain all or part of the golf course. The following considerations 26
are to be assessed: 27
a) Whether any of the existing property owners’ 28
association(s) reasonably related to the golf course are 29
able to purchase all or part of the golf course; and 30
b) Whether any of the existing property owners’ 31
association(s) and/or any new association reasonably 32
related to the golf course can coordinate joint control for all 33
or part of the golf course. 34
ii. County purchase: The applicant shall coordinate with the County 35
to determine if there is interest to donate, purchase, or maintain a 36
portion or all of the property for a public use, such as a public 37
park, open space, civic use, or other public facilities. This section 38
shall not require the County to purchase any lands, nor shall this 39
require the property owner to donate or sell any land. 40
iii. Conceptual development plan: The applicant shall prepare one 41
or more proposed conceptual development plans, consistent with 42
the development standards established in LDC section 5.05.15 43
G, depicting the proposed conversion. The applicant shall share 44
the conceptual development plan with the stakeholders at the 45
Stakeholder Outreach Meetings as described below. The 46
conceptual development plan shall include a narrative describing 47
how the plan implements and is consistent with the goals and 48
objectives identified in the DAS. The conceptual development 49
plan shall depict the retained and proposed land uses, including 50
residential, non-residential, and preserve areas; existing and 51
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proposed roadway and pedestrian systems; existing and proposed 1
trees and landscaping; and the proposed location for the 2
greenway, including any passive recreational uses. The 3
narrative shall identify the intensity of the proposed land uses; 4
how the proposed conversion is compatible with the existing 5
surrounding land uses and any methods to provide benefits or 6
mitigate impacts to the stakeholders. Visual exhibits to describe 7
the conceptual development plan and amenities, including the 8
greenway, shall also be provided. 9
3. Stakeholder Outreach Meetings (SOMs) for conversion applications. The SOMs 10
are intended to engage the stakeholders early in the conversion project and 11
inform the applicant as to what the stakeholders find important in the 12
neighborhood, what the stakeholders consider compatible with the neighborhood, 13
and what types of land uses they would support to be added to the 14
neighborhood. An assigned County planner shall attend the SOM and observe 15
the process. The following is required of the applicant: 16
a. The Administrative Code shall establish the procedure and application 17
submittal requirements. 18
b. The applicant shall conduct a minimum of two in-person SOMs and a 19
minimum of one web-based visual survey on the proposed conceptual 20
development plan(s). The web-based survey web address shall be 21
incorporated in the mailings notifying the stakeholders of the in-person 22
SOMs. 23
c. At the SOMs, the applicant shall provide information to the stakeholders 24
about the purpose of the meeting, including a presentation on the goals 25
and objectives of the conversion project, the conceptual development 26
plan, the greenway concept, and the measures taken to ensure 27
compatibility with the existing surrounding neighborhood. A copy of the 28
full Developer’s Alternative Statement shall also be made available at 29
each SOM. The applicant shall facilitate discussion on these topics with 30
the stakeholders using one or more public outreach method(s) identified 31
in the Administrative Code. 32
d. SOM report for conversion applications. After completing the SOMs the 33
applicant shall prepare a SOM report. The report shall include a list of 34
attendees, a description of the public outreach methods used, photos 35
from the meetings demonstrating the outreach process, results from 36
outreach methods, and copies of the materials used during the SOMs. 37
The applicant shall also include a point-counterpoint list, identifying input 38
from the stakeholders and how and why it was or was not incorporated in 39
the conversion application. The report shall be organized such that the 40
issues and ideas provided by the stakeholders are clearly labeled by the 41
applicant in the list and the conversion application. 42
4. Conversion application procedures. An applicant shall not submit a conversion 43
application (e.g. rezone, PUDA, SRAA, Compatibility Design Review) until the 44
Intent to Convert application is deemed completed by County staff and the SOMs 45
are completed. Thereafter, the applicant may proceed by submitting a 46
conversion application with the County as follows: 47
a. Zoning actions. For projects subject to LDC section 5.05.15 B.1, the 48
applicant shall file a PUDA or rezone application, including the SOM 49
report. Deviations to LDC section 5.05.15 shall be prohibited; further, 50
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deviations to other sections of the LDC shall be shared with the 1
stakeholders at a SOM or NIM. 2
b. Stewardship Receiving Area Amendments. For projects subject to LDC 3
section 5.05.15 B.2, the applicant shall file a Stewardship Receiving 4
Area Amendment application, including the SOM report. Deviations to 5
LDC section 5.05.15 shall be prohibited; further, deviations to other 6
sections of the LDC shall be shared with the stakeholders at a SOM or 7
NIM. 8
c. Compatibility Design Review. For projects subject to LDC section 9
5.05.15 B.3, the applicant shall file a Compatibility Design Review 10
application, including the SOM report. 11
D. Criteria and staff report for conversion applications. In addition to the requirements 12
established in LDC sections 10.02.08, 10.02.13 B, or 4.08.07, as applicable, the staff 13
report shall evaluate the following: 14
1. Whether the applicant has met the requirements established in this section and 15
development standards in the LDC. In particular, that the proposed design and 16
use(s) of the greenway, as applicable, meet the purpose as described in LDC 17
section 5.05.15 G.2. 18
2. Whether the SOM report and point-counterpoint list described above reflect the 19
discussions that took place at the SOMs. 20
3. Whether the applicant incorporated reasonable input provided by the 21
stakeholders to address impacts of the golf course conversion on stakeholders’ 22
real property. 23
4. Whether the applicant provided an explanation as to why input from the 24
stakeholders was not incorporated into the conceptual development plan. 25
E. Supplemental review and approval considerations for zoning actions and Stewardship 26
Receiving Area Amendments. The report and recommendations of the Planning 27
Commission and Environmental Advisory Council, if applicable, to the Board shall show 28
the Planning Commission has studied and considered the staff report for conversion 29
applications, reasonable input from the stakeholders, the criteria established in LDC 30
section 5.05.15 D, as well as the criteria established in LDC sections 10.02.08 F, 31
10.02.13 B, or 4.08.07, as applicable. In particular, the Planning Commission shall give 32
attention to the design of the greenway and how it mitigates impacts to real property. 33
Further attention shall be given to who can use the greenway. The Board shall consider 34
the criteria in LDC section 5.05.15 D, as well as the criteria established in LDC sections 35
10.02.08 F, 10.02.13 B, or 4.08.07, as applicable, and Planning Commission report and 36
recommendation. 37
F. Compatibility Design Review. For projects subject to 5.05.15 B.3, this section is 38
intended to address the impact of golf course conversion on real property by requiring 39
the conceptual development plan to be reviewed for compatibility with the existing 40
surrounding uses. The following is required: 41
1. Application. The Administrative Code shall establish the submittal requirements 42
for the Compatibility Design Review application. 43
2. Public Notice. The applicant shall be responsible for meeting the requirements 44
of LDC section 10.03.06. 45
3. Compatibility Design Review. The Planning Commission shall review the staff 46
report as described in 5.05.15 D, the Compatibility Design Review application, 47
and make a recommendation to the Board based on the following criteria: 48
a. Whether the applicant has met the applicable requirements established 49
in this section and reasonably addressed the concepts identified in LDC 50
section 5.05.15 D.2 – D.4. 51
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b. Whether the conceptual design is compatible with the existing 1
surrounding land uses. 2
c. Whether a view of open space is provided that mitigates impacts to real 3
property for the property owners that surround the golf course. 4
d. Whether open space is retained and available for passive recreation. 5
4. The Board shall consider the criteria in LDC section 5.05.15 F.3, above, the staff 6
report and the Planning Commission report and approve, approve with 7
conditions, or deny the application. Upon approval of the application, the 8
applicant shall obtain approval of any additional required development order, 9
such as a SDP, construction plans, or conditional use. 10
G. Development standards. The following are additional minimum design standards for 11
zoning actions and Stewardship Receiving Area Amendments. The Compatibility 12
Design Review process shall only be subject to LDC section 5.05.15 G.6. 13
1. Previously approved open space. Golf course acreages utilized to meet the 14
minimum open space requirements for a previously approved project shall be 15
retained as open space and shall not be included in open space calculations for 16
any subsequent conversion projects. 17
2. Greenway. The purpose of the greenway is to retain an open space view for 18
stakeholders, support passive recreational uses, and support existing wildlife 19
habitat. For the purposes of this section the greenway shall be identified as a 20
continuous strip of land set aside for passive recreational uses, such as: open 21
space, nature trails, parks, playgrounds, golf courses, beach frontage, disc golf 22
courses, exercise equipment, and multi-use paths. The Board may approve other 23
passive recreational uses that were vetted at the Stakeholder Outreach 24
Meetings. The greenway shall not include required yards (setbacks) of any 25
individual lots. 26
a. The greenway shall be contiguous to the existing residential properties 27
surrounding the golf course and generally located along the perimeter of 28
the proposed development. The Board may approve an alternative 29
design that was vetted at the Stakeholder Outreach Meetings, as 30
provided for in LDC section 5.05.15 C.3. 31
b. A minimum of 35 percent of the gross area of the conversion project shall 32
be dedicated to the greenway. The greenway shall have a minimum 33
average width of 100 feet and no less than 75 feet at any one location. 34
c. Maintenance of the greenway shall be identified through the zoning or 35
Stewardship Receiving Area Amendment process. 36
d. The greenway may be counted towards the open space requirement for 37
the conversion project as established in LDC section 4.02.00 except as 38
noted in G.1 above. 39
e. Existing trees and understory (shrubs and groundcover) shall be 40
preserved and maintained within the greenway, except where minimal 41
improvements are needed that provide a passive recreational use. At a 42
minimum, canopy trees shall be provided at a ratio of 1:2,000 square feet 43
within the greenway. Existing trees may count toward the ratio; however, 44
trees within preserves shall be excluded from the ratio. 45
f. A wall or fence is not required between the greenway and the proposed 46
development; however, should a wall or fence be constructed, the fence 47
shall provide habitat connectivity to facilitate movement of wildlife in and 48
around the greenway. 49
g. A portion of the greenway may provide stormwater management; 50
however, the greenway shall not create more than 30 percent additional 51
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lake area than exists pre-conversion in the greenway. Any newly 1
developed lake shall be a minimum of 100 feet wide. 2
h. The applicant shall record a restrictive covenant in the County’s official 3
records describing the use and maintenance of the greenway as 4
described in the zoning action or SRA Amendment. 5
3. Preserve requirements. The following preserve standards supplement those 6
established in LDC section 3.05.07. 7
a. Where small isolated areas (of less than ½ acre in size) of native 8
vegetation (including planted areas) exist on site they may be 9
consolidated into a created preserve that may be greater than ½ acre in 10
size in the aggregate to meet the preserve requirement. 11
b. Existing County approved preserve areas shall be considered as follows: 12
i. Golf courses within a conventional zoning district. All County 13
approved preserve areas shall be retained and may be utilized to 14
meet the preserve requirements for the conversion project. 15
ii. Golf courses within a PUD. All County approved preserve areas 16
shall be retained. Preserve areas in excess of the PUD required 17
preserve acreage may be used to meet the preserve requirement 18
for the conversion project. 19
4. Stormwater management requirements. The applicant shall demonstrate that 20
the stormwater management for the surrounding uses will be maintained at an 21
equivalent or improved level of service. This shall be demonstrated by a pre 22
versus post development stormwater runoff analysis. 23
5. Floodplain compensation. In accordance with LDC section 3.07.02 floodplain 24
compensation shall be provided. 25
6. Soil and/or groundwater sampling. In addition to the soil and/or ground water 26
sampling requirements established in LDC section 3.08.00 A.4.d, the applicant 27
shall conduct soil and/or groundwater sampling for the pollutants as follows: 28
managed turf, chemical storage/mixing areas, and maintenance areas (i.e. 29
equipment storage and washing areas, fueling and fuel storage areas) shall be 30
tested for organophosphate, carbamate, triazine pesticides, and chlorinated 31
herbicides. In addition, maintenance areas, as described above, shall be tested 32
for petroleum products. The County shall notify the Department of Environmental 33
Protection where contamination exceeding applicable Department of 34
Environmental Protection standards is identified on site or where an 35
Environmental Audit or Environmental Assessment has been submitted. 36
7. All other development standards. The conversion of golf courses shall be 37
consistent with the development standards in the LDC, as amended. Where 38
conflicts arise between the provisions in this section and other provisions in the 39
LDC, the more restrictive provision shall apply. 40
H. Design standards for lands converted from a golf course or for a permitted use within the 41
GC zoning district shall be subject to the following design standards. 42
1. Lighting. All lighting shall be designed to reduce excessive glare, light trespass 43
and sky glow. At a minimum, lighting shall be directed away from neighboring 44
properties and all light fixtures shall be full cutoff with flat lenses. Lighting for the 45
conversion project shall be vetted with stakeholders during the SOMs and the 46
public hearings, as applicable. 47
2. Setbacks. All non-golf course uses, except for the greenway, shall provide a 48
minimum average 50-foot setback from lands zoned residential or with 49
residential uses, however the setback shall be no less than 35 feet at any one 50
location. 51
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# # # # # # # # # # # # # 1
2
10.03.06 Public Notice and Required Hearings for Land Use Petitions 3
* * * * * * * * * * * * * 4
W. Intent to Convert, pursuant to LDC section 5.05.15 C.1. 5
1. The following notice procedures are required: 6
a. Mailed notice sent by the applicant after the Intent to Convert application 7
has been reviewed and deemed satisfactory by staff to proceed to the 8
mailed notice and SOMs, and at least 20 days prior to the first 9
Stakeholder Outreach Meeting. For the purposes of this application, all 10
mailed notices shall be sent to property owners within 1,000 feet of the 11
property lines of the subject property. 12
b. Posting of a sign after Intent to Convert application has been reviewed 13
and deemed satisfactory by staff to proceed to the mailed notice and 14
SOMs, and at least 20 days prior to the first Stakeholder Outreach 15
Meeting. 16
X. Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3. 17
1. The following notice procedures are required: 18
a. Newspaper advertisement at least 15 days prior to the Stakeholder 19
Outreach Meeting. 20
b. Mailed notice sent by the applicant at least 15 days prior to the required 21
Stakeholder Outreach Meetings. For the purposes of this application, all 22
mailed notices shall be sent to property owners within 1,000 feet of the 23
property lines of the subject property. This mailed notice may include both 24
required Stakeholder Outreach Meeting dates. All mailed notices shall 25
include the web address to participate in the required web-based visual 26
survey. 27
Y. Compatibility Design Review, pursuant to LDC section 5.05.15 F. 28
1. The following advertised public hearings are required. 29
a. One Planning Commission hearing. 30
b. One BCC hearing. 31
2. The following notice procedures are required: 32
a. Newspaper advertisement at least 15 days prior to the advertised public 33
hearing. 34
b. Mailed notice sent by the applicant at least 15 days prior to the required 35
public hearings. For the purposes of this application, all mailed notices 36
shall be sent to property owners within 1,000 feet of the property lines of 37
the subject property. 38
# # # # # # # # # # # # # 39
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Quail We st Golf & CC
Quail Creek CC
Cypress Woods Golf & CC
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Royal Palm CC
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Stonebridge CC
Eagle Creek CC
Hammock Bay Golf & CC
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Naples Her itage
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Glades Golf & CC
Hide out Golf Club
TPC @ Tr eviso Bay
Tibur on Golf Club
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Twin Eagle s Old Collier Golf Club
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Arrow head Golf Course
Country Club of Naples
Windstar on Naples Bay
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Boyne South G olf Course
Quail Village Golf Club
Naples G rande G olf Club
Palm River CC (LaPlaya)
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Heritage Bay Golf Course
Naples Beach Hotel & Golf Club
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51-75
76-100
0 225 450 675 900FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 29
Golf Course Buffers
Esplanade
±
Legend
Golf C ourse Bound ary
Buffers
Distance From Go lf C ourse B oundary
0-50
51-75
76-100
0 410 820 1,230 1,640FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 30
Immokalee RD
CollierBLVDGolf Course Buffers
Esplanade
±
Legend
Golf C ourse Bound ary
Buffers
Distance From Go lf C ourse B oundary
0-50
51-75
76-100
0 410 820 1,230 1,640FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 31
L a n d m a r k D R
W i n t e r p a r k B L V D
L a k e w o o d B L V D
DentDRShortCTN o r t h w i n d s DR
P a y n e C T
PalmDRSnowflake LNPi
neLakeDRN o r t h w i n d s D R
ReynoldsC T
CharityCTI c e C a s t l e W A Y
Wi n t e r g r e e nWAY
G l a d e s B L V D
C h i p p e n d a l e D R
N o r t h l i g h t D R
T e r y l R D
R o u n d K e y C IR
Zoning:PUD
Zoning: PUD
Zoning:RMF-16
Zoning:RMF-6
Zoning:RMF-6
Zoning: G C
Zoning: G C
Zoning: G C
Zoning:RMF-6GH
Zoning: G C
Zoning:RSF-3
Zoning:RSF-4
Golf Course Buffers
Evergreen
±
Legend
ZoningBuffers
Distance From Zoning Boundary
0-50
51-75
76-100
0 160 320 480 640FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 32
S ain t
Andrew s B L V D BristleCone LNDoralCIRPalmetto
Dunes CIR
B a l tus rol D R Peb b le B e a c h B L V D
PebbleBeach CIRD o r a l C I R
T h o r n crestLNAugustaBLVDTobago BLVDC a y C T
B e q u i a W A YPepperCIR
H e a therGrove L N
O a k l a n d H i l l s D R
BriarcliffL N
Forest Hills BLVDValleyStreamDR
P ineValleyCIR
W a r w i c k H i l l s D R P a lm e t t o
D u n e s C I R
Bi
gSpr
i
ngs
DRD o m in i c a DR Peb b l e Be
a
c
h
BLVDBay M
eado
w
s D
RPinehurstCIR
T
a
m
ia
m
i T
R
L E
Torrey Pines PT
Zoning:MPUD
Zoning:RMF-16
Zoning:PUD Zoning:RMF-16
Zoning:RSF-3
Zoning:RMF-16
Zoning:RMF-16
Zoning:RSF-3
Zoning:RSF-3
Zoning:RSF-3
Zoning:RSF-4
Zoning: G C
Zoning:PUD
Golf Course Buffers
Hibiscus
±
Leg end
Zoning
BuffersDistance From Zoning B oundary
0-5051-75
76-100
0 290 580 870 1,160145FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 33
P a c i f i c D RMadeira CTC o l u m b i a C T
WhiteViolet DRT o r r e n s C T
B e r i n g C T
G l a c i e r C T
Seven
SeasDRGibralterDRValewoodDR
Gr a n dCypress C T
WhiteVioletDRS
a
g
i
n
a
w
B
a
y
D
RPondAppleDRW
P o n d A p p l e D R S
S n o w b e r r y LN P l e asantSpringsDR
S a n t aren CT
L o n g s h o r e WAY N
B u t t e r f l yOrchidLN
Q u a i lVillageW A Y S t r a d a B e l l a C T
S e venSeasBLVD
J a s m i n eLakeCI R
P o n d A p p l e D R N
RosewoodLNO a k L e a f D R
C
o
c
o
P
l
u
m
L
N
G r a n d
C y p r e s s D RB
a
l
dC
y
p
r
e
s
s
LNS i l v e r F o x DR
Logan BLVD NPo
n
dAppleDREZoning:RSF-2
Zoning:RSF-2
Zoning:PUD
Zoning:GC
Zoning: G C
Zoning:PUD
Golf Course Buffers
Quail Creek
±
Leg end
Zoning
BuffersDistance From Zoning B oundary
0-5051-75
76-100
0 420 840 1,260 1,680210FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 34
Fores t
LakesB L V D
E u c a l y p t u sLN
G a r d e n i a L N
H a p p o l o L N
I v yGate L N
J i m p s o n L N Azalea LNK e l pLN
L y o n i a L N
DaisyLN F o r e s t L a k e s B L V D NaplesBLVDYahl STShirley STTaylor RDG o l d f i n c hWAY HummingbirdLNClubhouseDRP i n e R i d g e R D
B a l d E a g l e DR
C a m e lia
L
NO r i o l e C I R OysterCatcherPTW o o d s h i r e L NTurtleLakeCT
Quail
ForestBLVD
F o r e s tL a k e s D R
Zoning: G C
Zoning:RMF-16
Zoning:RMF-16
Zoning:PUD
Zoning:PUD
Zoning:PUD
Zoning:RMF-16
Golf Course Buffers
Quail Run
±
Legend
Zoning
Buffers
Distance From Zoning Bound ary
0-50
51-75
76-100
0 225 450 675 900FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 35
Vi
nca LNUni
ca LNG a r d e n i a L N
Wisteria LNH a p p o l o L N
I v yGate L N
N a r i t a L N
J i m p s o n L N
K e l pLN
M i l k w o r t L N
L y o n i a L N
Pyxiem oss LNO p u n tia L N
Tuppence LNSalvia LNF o r e s t
La k e s B L V D
G o l d f i n c hWAY HummingbirdLNS w a l l o w P T
B a l d E a g l e DR
O r i o l e C I R OysterCatcherPTTurtleLakeCTJacanaCIRCl u b h o u s e D R
Q
u
ail
F
o
r
e
st
B
LV
DForest
Lakes DRW o o d s h i r e L N
Zoning: G C
Zoning: G C
Zoning:RMF-16
Zoning:PUD
Zoning:PUD
Zoning:PUD
Zoning:RMF-16
Zoning:RMF-16
Zoning: RSF-3 Zoning: RMF-16
Zoning: CITYOF NAPLES
Golf Course Buffers
Quail Run
±
Legend
Zoning
Buffers
Distance From Zoning Bound ary
0-50
51-75
76-100
0 225 450 675 900FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 36
Chesterbro o k CT Carrin g t o n C T
AshtonOaks LNAshtonOaks LNAirport RD NEssexCIRC u rlingA VEM a n chesterCTBentTreeLN
Victo r i a L NKitchenersCTLangfordLNSpringberry
CIR
L u n aCIR
H u n t i n g t o n D R
W i n d i n gOaks W A Y
B ethany
PL
W i n c h e sterWood
WexfordCT ParnuSTW i n d i n gOaksWAY
AshtonOaksLN
Lea m i n g t o n L N ManchesterCT
V ils a n d A V E
P o n d s i d e L N
W i n d s o r W A Y
I m m o k a l e e R D
H
a
r
m
ony
L
NAberd e enLNBocaCIRSWHe a lthPKWY
WillowBendCIR
VeteransParkDRN a p l e s T r a c e C I R
Zoning:RSF-3
Zoning:RSF-3
Zoning: I
Zoning:PUD
Zoning:PUD
Zoning: P
Zoning:PUD
Zoning:PUDZoning:PUD
Golf Course Buffers
Stonebridge
±
Legend
Zoning
Buffers
Distance From Golf Course Boundary
0-50
51-75
76-100
0 325 650 975 1,300FeetGMD North GIS SectionAerials courtesy of Collier CountyProperty Appraiser Page 37
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.
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
Page 38
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.
Page 39
Data for 10 View Amenity Types for Residential Properties in
Golf Course Communities in Collier County
View Amenity
Types
# of
Sales
Percent
of Total
Sales
Total Sale
Amount
Total
Adjusted
Sq. Ft.
Price Per
Adjusted
Sq. Ft.
Percent
Attributed
to Amenity
Premium
Rank
Lake 760 30% $544,319,300 2,458,626 $221 53%1
Preserve and
Natural Area
209 8% $144,126,200 682,850 $211 47%2
Landscape, Buffer,
Green Space, and
Green Belt (Green
Space)
85 3% $46,797,600 252,345 $189 31%3
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 49 2% $17,294,400 111,329 $155 8%6
Drainage
Easement
24 1% $9,242,400 62,996 $147 2%7
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% $3,708,500 32,127 $115 -20%10
Totals 2,572 $1,467,657,799 7,638,638
Averages $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%
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.
Page 40
Research on 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.
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/mizner-trail-going-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
Page 41
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 | 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/legal-update-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
8. Bandell, B. (2016) 5 big development plans proposed, including 1,100 homes on golf course. South Florida Business Journal.
Retrieved from http://www.bizjournals.com/southflorida/news/2016/06/27/5-big-development-plans-proposed-including-1-
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.mypalmbeachpost.com/news/county-approves-project-near-century-village-closed-golf-
course-get-commerical-development/nKORxmvnfKAuZ01rkdbD0L/
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.
Page 42
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-journalonline.com/entertainment/20160603/ocean-palm-golf-club-to-reopen-saturday-in-flagler-beach
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. TCPalm. Retrieved from
http://archive.tcpalm.com/news/dispute-over-vista-golf-course-finally-headed-to-court-in-indian-river-county-ep-382159630-
343074352.html
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/?authkey=%21AIiGmwiq6sIkoAQ&id=2A630568D6D3EB34%216841&cid=2A630568D6D3EB34
Page 43
Text underlined is new text to be added
Strikethrough text is current text to be deleted
Bold text indicates a defined term
Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
I:\2016 LDC Amendment Cycle\Amendments\Redevelopment of Golf Courses\Golf Course Admin Code sections\Intent to
Convert\5.05.15 Intent to Convert Admin Code 3-6-17.docx
N. Intent to Convert Application for Golf Course Conversions
Reference LDC sections 5.05.15, and LDC Public Notice section 10.03.06.
See Chapter 8.F for Stakeholder Outreach Meetings for Golf Course
Conversions.
Applicability This process applies to applicants seeking to convert a constructed golf course to
a non-golf course use. Approval of this application is required prior to submitting
a conversion application (rezone, PUD, SRAA or Compatibility Design Review
petition). This application is not required for golf courses zoned Golf Course and
Recreational Uses (GC) seeking another use as provided for in LDC section
2.03.09 A.
Pre-Application A pre-application meeting is required.
Initiation The applicant files an “Intent to Convert” application with the Planning & Zoning
Division.
Application Contents The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Name of project.
4. The name and mailing address of all registered property owners’
associations that could be affected by the application.
5. Disclosure of ownership and interest information.
6. The date the subject property was acquired or leased (including the term of
the lease). If the applicant has an option to buy, indicate the dates of the
option, date the option starts and terminates, and anticipated closing date.
7. A title opinion or title commitment that identifies the current owner of the
property and all encumbrances against the property.
8. Boundary survey (no more than six months old).
9. Property information, including:
Legal description;
Property identification number;
Section, township, and range;
Address of the subject site and general location;
Size of property in feet and acres; and
Zoning district.
10. If the property owner owns additional property contiguous to the subject
property, then the following information, regarding the contiguous property,
must be included:
Legal description;
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Property identification number;
Section, township and range; and
Subdivision, unit, lot and block, or metes and bounds description.
11. Zoning information, including adjacent zoning and land use.
12. Existing PUD Ordinance, SRA Development Document, Site Development
Plan, or Plat.
13. An exhibit identifying the following:
Any golf course acreage that was utilized to meet the minimum
open space requirements for any previously approved project;
Existing preserve areas;
Sporadic vegetation less than ½ acre, including planted areas, that
meet criteria established in LDC section 3.05.07 A.4; and
A matrix demonstrating the following as required in LDC section
5.05.15 G.3:
o For conventionally zoned districts:
County approved preserve acreage; and
Any sporadic vegetation acreage used to meet the
preserve requirement for the conversion project.
o For PUDs:
County approved preserve acreage; and
Any County approved preserve acreage in excess
of the PUD required preserve acreage that is used
to meet the preserve requirement for the
conversion project.
14. Stormwater management requirements as required by LDC section 5.05.15
G.4.
15. Floodplain compensation, if required by LDC section 3.07.02.
16. Soil and/or groundwater sampling results, as described in LDC section
5.05.15 G.6.
17. List of deviations requested, as described in 5.05.15 C.4.a-b. The specific LDC
sections for which the deviations are sought shall be identified. The list of
deviations shall be shared with stakeholders at the SOM or NIM.
18. Electronic copies of all documents.
Application Contents
Required for
Presentations at SOMs
In addition to the application contents above, the following must also be
submitted with the Intent to Convert application and used during SOM
presentations:
1. The Developer’s Alternatives Statement as described in LDC section 5.05.15
C, including:
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A narrative clearly describing the goals and objectives for the
conversion project.
No Conversion Alternative: A narrative describing the timeline of
correspondence between the applicant and the property owners’
associations relating to the applicant’s examination of opportunities
to retain all or part of the golf course as described in LDC section
5.05.15 C.2.b.i, and copies of such correspondence. It shall be noted
in the narrative whether a final decision has been made about this
alternative or whether discussions with the property owners’
associations are ongoing.
County Purchase Alternative: A narrative describing the timeline of
correspondence between the applicant and the County to
determine if there is interest to retain all or portions of the property
for public use as described in LDC section 5.05.15 C.2.b.ii, and
copies of such correspondence. It shall be noted in the narrative
whether a final decision has been made about this alternative or
whether discussions with the County are ongoing.
Conceptual Development Plan Alternative: A conceptual
development plan consistent with LDC section 5.05.15 C.2.b.iii, and
as described in the following section.
2. The conceptual development plan shall include all information described in
LDC section 5.05.15 C.2.b.iii, and the following:
An Access Management Exhibit, identifying the location and
dimension of existing and proposed access points and legal access
to the site.
A dimensional standards table for each type of land use proposed
within the plan.
o Dimensional standards shall be based upon the established
zoning district, or that which most closely resembles the
development strategy, particularly the type, density, and
intensity of each proposed land use.
o For PUDs: Any proposed deviations from dimensional
standards of the established zoning district, or of the most
similar zoning district, shall be clearly identified. Provide a
narrative describing the justifications for any proposed
deviations that are not prohibited by LDC section 5.05.15
C.4.
A plan providing the proposed location and design of the greenway
(this may be included on the conceptual development plan):
o Greenway Design: A plan providing the proposed location
and design of the greenway and illustrating the following
(including any alternative designs as described in LDC
section 5.05.15 G.2.a):
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The proposed location of passive recreational
uses;
Existing and proposed lakes, including lake area
calculations;
Preserve areas;
Any structures or trails related to passive
recreational uses;
Greenway widths demonstrating a minimum
average width of 100 feet and no less than 75 feet
shall be identified every 100 feet;
Locations of existing trees and understory (shrubs
and groundcover) shall be located on the plan in
accordance with LDC section 5.05.15 G.2.e;
A matrix identified on the plan shall
demonstrate tree counts used to
calculate the ratio described in LDC
section 5.05.15 G.2.e; and
Location of any proposed wall or fence pursuant
to LDC section 5.05.15 G.2.f.
A narrative describing how the applicant proposes to offset or
minimize impacts of the golf course conversion on stakeholders’
real property and provide for compatibility with existing
surrounding land uses. Identify the compatibility measures on the
conceptual development plan.
3. A narrative statement describing how the greenway will meet the purpose as
described in LDC section 5.05.15 G.2 to retain open space views for
stakeholders, support passive recreational uses, and support existing wildlife
habitat.
4. A narrative statement describing the public outreach methods proposed for
the SOMs, consistent with Administrative Code Chapter 8.F.
5. Web-based survey, including the following:
A copy of the web-based survey;
The user-friendly website address where the survey will be
available; and
The dates the survey will be available.
Completeness and
Processing of Application
After submission of the completed application packet accompanied with the
required fee, the applicant will receive an electronic response notifying the
applicant that the petition is being processed. Accompanying that response wi ll
be a receipt for the payment and the tracking number (i.e., XX201600000)
assigned to the application. The tracking number should be noted on all future
correspondence regarding the petition.
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Notice for the Intent to
Convert Application
After the Intent to Convert application has been submitted, notice is required to
inform stakeholders of a forthcoming golf course conversion application.
However, no mailing is required if the applicant chooses to withdraw the Intent
to Convert application. See Chapter 8 of the Administrative Code for additional
notice information.
1. Mailed Notice: For the purposes of this mailed notice, written notice shall
be sent to property owners located within 1,000 feet from the property line
of the golf course. The notice shall be sent after the Intent to Convert
application has been reviewed and deemed satisfactory by staff to proceed
to the mailed notice and SOMs, and at least 20 days prior to the first SOM.
The mailed notice shall include the following:
Explanation of the intention to convert the golf course.
Indication that there will be at least two advertised SOMs and one
web-based visual survey to solicit input from stakeholders on the
proposed project. The date, time, and location of the SOMs does
not need to be included in this mailing.
2 in. x 3 in. map of the project location.
Applicant contact information.
2. Sign: (see format below) Posted after the Intent to Convert application has
been reviewed and deemed satisfactory by staff to proceed to the mailed
notice and SOMs, and at least 20 days before the first SOM. The sign shall
remain posted until all SOMs are complete. For the purposes of this section,
signage, measuring 16 square feet, shall clearly indicate an applicant is
petitioning the county to convert the golf course to a non -golf use (e.g.
residential). A user-friendly website address shall be provided on the signs
directing interested parties to visit Collier County’s website to access
materials for the SOM and the web-based visual survey. The sign shall
remain posted for 7 days after the last required SOM. The location of the
signage shall be consistent with Chapter 8 of the Administrative Code.
Public Hearing No public hearing is required for the Intent to Convert application. Public
hearings will be required for subsequent conversion applications.
Decision maker The County Manager or designee.
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Review Process The Zoning Division will review the Intent to Convert application and identify
whether additional materials are needed.
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Chapter 8 | Public Notice – Generally, Contents, Categories of Notice, and Notice Recipients
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F. Stakeholder Outreach Meeting for Golf Course Conversions (SOM)
Reference LDC sections 5.05.15 and LDC Public Notice section 10.03.06.
See Chapter 4.N for Intent to Convert Applications for the Application Contents
Required for Presentations at SOMs.
Purpose Stakeholder Outreach Meetings (SOMs) are intended to engage stakeholders early in the
design of a golf course conversion project and to encourage collaboration and consensus
between the applicant and the stakeholders on the proposed conversion.
Applicability This process applies to applicants seeking to convert a constructed golf course to a non-
golf course use. A minimum of two in-person meetings and one web-based visual survey
are required. This section shall be used in connection with LDC section 5.05.15.
Initiation The SOMs may be held after the “Intent to Convert” application has been received by the
County and deemed sufficient by staff to proceed. It is encouraged that SOMs take place
in a timely manner so as to support stakeholder involvement.
SOM Notice
Requirements
Each SOM shall be noticed as follows:
1. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the SOM in a newspaper of general circulation. The advertisement shall
include at a minimum:
Date, time, and location of the SOM;
Petition name, number and applicant contact info;
Notice of the intention to convert the golf course to a non-golf course use;
Brief description of the proposed uses; and
2 in. x 3 in. map of the project location.
2. Mailed Notice: For the purposes of this mailed notice requirement, written notice
shall be sent to property owners located within 1,000 feet from the property line of
the golf course at least 15 days before the first SOM. The mailed notice shall include
the following:
Date, time, and location of each SOM included in the mailed notice;
Petition name, number and applicant contact info;
Notice of the intention to convert the golf course to another use;
A brief description of the proposed uses;
A statement describing that the applicant is seeking input through a
stakeholder outreach process;
The user-friendly web address where the meeting materials, such as the
Developers Alternatives Statement, can be accessed;
A brief description of the visual survey and the user-friendly web address
where the survey can be accessed; and
The dates that the web-based visual survey will be available online.
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Location The applicant must arrange the location of the meeting. The location must be reasonably
convenient to the property owners who receive the required notice. The facilities must
be of sufficient size to accommodate expected attendance.
Conduct of SOMs A minimum of two SOMs shall be conducted in accordance with the following:
An assigned County planner shall attend the SOMs and observe the process.
The planner shall note any commitment made by the applicant during the
meetings.
Meeting Conduct: The applicant shall conduct the meetings as follows:
o Use at least one public outreach method during the in-person
meetings as described below; and
o The applicant shall facilitate dialogue and encourage input on the
conceptual development plan from the stakeholders regarding the
types of development the stakeholders consider compatible with
the neighborhood, and the types of land uses they would support
to be added to the neighborhood.
Presentation: The applicant must provide the following at the SOM for
review and comment:
o The current LDC zoning district uses and development regulations;
o Information about the purpose of the meeting, including the goals
and objectives of the conversion project;
o A copy of the Developer’s Alternatives Statement shall be made
available at the SOM, as described in LDC section 5.05.15 C.2;
o Visuals depicting the conceptual development plan(s) and the
greenway; and
o The list of deviations requested, as described in LDC section 5.05.15
C.4.a-b.
Public Outreach Methods: The applicant shall use one or more of the
following at the Stakeholder Outreach Meetings to engage stakeholders:
o Charrette. This public outreach method is a collaborative design
and planning workshop that occurs over multiple days. Through a
charrette, the applicant designs the conceptual development plan
and greenway with stakeholders’ input. During a charrette,
stakeholders are given the opportunity to identify values, needs,
and desired outcomes regarding the project. Through a series of
engagement activities the conceptual development plan and
greenway are designed and refined. Throughout the sessions,
stakeholders have an opportunity to analyze the project, address
and resolve issues, and comment on multiple iterations of the
project.
o Participatory Mapping. This public outreach method produces maps
using stakeholder knowledge and input. To start, the applicant
hosts a workshop and shares information about the project through
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exhibits such as poster boards, written or electronic materials, etc.
Participants are then given sticky dots, markers, or other
tactile/visualization tools in conjunction with maps of the
conceptual development plan and greenway to identify options to
address compatibility, adverse impacts, or types of desirable usable
open space for the project. For example: stakeholders are asked to
place red dots on the map where there is a perceived pedestrian
hazard and place a green dot where they support additional tree
plantings in the greenway.
o Group Polling. This public outreach method polls participants at the
meeting and provides instant results. The poll can include a wide
range of topics about the project, such as density, greenway uses,
vehicle/pedestrian transportation networks, etc. The applicant
provides sticky dots or uses electronic devices to conduct the
polling.
o Visioning Exercise. This public outreach method invites
stakeholders to describe their core values and vision for their
community. In a workshop setting, the applicant presents a wide
variety of reports, maps, photos, and other information about the
project. The applicant then poses questions to the participants,
such as, but not limited to the following:
“What do people want to preserve in the community?”
“What do people want to create in the community?”
“What do people want to change in the community?”
The applicant collects the responses and works with the
participants to create a vision statement for the project that
incorporates the goals, concerns, and values of the community.
Web-based Visual
Survey
Requirements
The web-based visual survey is intended to increase engagement with stakeholders. The
survey should engage the stakeholders in the design of the project and assist in
determining what stakeholders find important to the neighborhood, what is considered
compatible with the neighborhood, and what types of land uses they support adding to
the neighborhood.
The survey shall provide visual representations of the proposed
development, in particular the types of land uses proposed, streetscapes,
public spaces, design characteristics, and depictions of the greenway design;
The survey questions shall be worded so as to elicit responses to the
stakeholders’ preferences or support for the visual representations.
The survey shall allow for additional comment(s) to be made by the
stakeholders.
SOM Report After the SOMs and the web-based survey are complete, the applicant will submit a
report of the SOM to the County, including the following information:
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A list of attendees, a description of the public outreach methods used,
photos from the meetings demonstrating the outreach process, results from
outreach methods described above;
Copies of the materials used during the meeting, including any materials
created at the meeting, such as any participatory mapping or related
documents;
A verbatim transcript of the meetings and an audio (mp3 or WAV format) or
video recording in a format accessible or viewable by the County;
A point-counterpoint list, identifying the input from the stakeholders and
how and why it was or was not incorporated into the application. Input from
stakeholders may be categorized by topic and the applicant may provide a
single response to each topic in narrative format; and
The report shall be organized such that the issues and ideas provided by the
stakeholders that are incorporated in the application are clearly labeled in
the point-counterpoint list and in the conversion application.
Meeting Follow-up After each SOM is completed and prior to the submittal of a conversion application, the
applicant will submit to the assigned planner a written summary of the SOM and any
commitment that has been made. Any commitment made during the meeting will:
Become part of the record of the proceedings;
Be included in the staff report for any subsequent conversion application;
and
Be considered for inclusion into the conditions of approval of any
subsequent development order.
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Chapter 3 | Quasi-Judicial Procedures with a Public Hearing
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K. Compatibility Design Review
Reference LDC sections 5.05.15, and LDC Public Notice section 10.03.06.
See Chapter 4.N of the Administrative Code for Intent to Convert Applications and
Chapter 8.F for Stakeholder Outreach Meetings for Golf Course Conversions.
Purpose The Compatibility Design Review process is intended to address the impacts of golf course
conversions on real property by reviewing the conceptual development plan for
compatibility with existing surrounding uses.
Applicability This process applies to a golf course constructed in any zoning district or designated as a
Stewardship Receiving Area that utilize a non-golf course use which is a permitted,
accessory, or conditional use within the existing zoning district or designation.
This application is not required for golf courses zoned Golf Course and Recreational Uses
(GC) seeking another use as provided for in LDC section 2.03.09 A.
Conditional uses shall also require conditional use approval subject to LDC section
10.08.00. The conditional use approval should be a companion item to the compatibility
design review approval.
Pre-Application
Meeting
A pre-application meeting is required.
Initiation The applicant files an “Application for Compatibility Design Review” with the Zoning
Division after the “Intent to Convert” application is deemed complete by County staff and
the Stakeholder Outreach Meetings (SOMs) are completed. See Chapter 4 of the
Administrative Code for information regarding the “Intent to Convert” application and
Chapter 8 of the Administrative Code for requirements for SOMs and additional notice
information.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Name of project.
4. The proposed conceptual development plan.
5. The name and mailing address of all registered property owners’ associations that
could be affected by the application.
6. Disclosure of ownership and interest information.
7. The date the subject property was acquired or leased (including the term of the
lease). If the applicant has an option to buy, indicate the dates of the option: date the
option starts and terminates, and anticipated closing date.
8. Property information, including:
Legal description;
Property identification number;
Section, township, and range;
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Address of the subject site and general location;
Size of property in feet and acres;
Zoning district;
Plat book and page number; and
Subdivision, unit, lot and block, and metes and bounds description.
9. If the property owner owns additional property contiguous to the subject property,
then the following information, regarding the contiguous property, must be included:
Legal description;
Property identification number;
Section, township and range; and
Subdivision, unit, lot and block, or metes and bounds description.
10. Zoning information, including adjacent zoning and land use.
11. Soil and/or groundwater sampling results, as described in LDC section 5.05.15 G.6;
12. The approved Intent to Convert application, as described in LDC section 5.05.15 C.1;
and
13. The SOM Report, as described in LDC section 5.05.15 C.3.
14. A narrative describing how the applicant has complied with the criteria in LDC
sections 5.05.15 F.3, including:
A list of examples depicting how each criterion is met;
A brief narrative describing how the examples meet the criterion; and
Illustration of the examples on the conceptual development plan that are
described above.
Completeness and
Processing of
Application
The Zoning Division will review the application for completeness. After submission of the
completed application packet accompanied with the required fee, the applicant will
receive a mailed or electronic response notifying the applicant that the petition is being
processed. Accompanying that response will be a receipt for the payment and the
tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Newspaper Advertisements: The legal advertisement shall be published at least 15
days prior to the hearing in a newspaper of general circulation. The advertisement
shall include at a minimum
Date, time, and location of the hearing;
Description of the proposed land uses; and
2 in. x 3 in. map of the project location.
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2. Mailed Notice: For the purposes of this mailed notice requirement, written notice
shall be sent to property owners located within 1,000 feet from the property line of
the golf course at least 15 days prior to the advertised public hearings.
Public Hearing 1. The Planning Commission shall hold at least 1 advertised public hearing.
2. The BCC shall hold at least 1 advertised public hearing.
Decision Maker The BCC, following a recommendation by the Planning Commission.
Review Process Staff will prepare a staff report consistent with LDC section 5.05.15 F and schedule a
hearing date before the Planning Commission to present the petition. Following the
Planning Commission’s review, Staff will prepare an Executive Summary and will schedule
a hearing date before the BCC to present the petition.
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Chapter 12 | Acronyms
Chapter 12. Acronyms
A – Rural Agricultural Zoning District
ACOE – Army Corps of Engineers
ACP – Agricultural Clearing Permit
ACSC – Area of Critical State Concern
ADT – Average Daily Trips
ASI – Area of Significant Influence
BCC – Board of Collier County Commissioners
BD – Boat Dock Petition
BMUD – Bayshore Drive Mixed Used District
BP – Business Park District
BZA – Board of Zoning Appeals
C-1 – Commercial Professional General Office District
C-2 – Commercial Convenience District
C-3 – Commercial Intermediate District
C-4 – General Commercial District
C-5 – Heavy Commercial District
CCME – Conservation and Coastal Management
Element
CCPC – Collier County Planning Commission
CCSL(P) – Coastal Construction Setback Line (Permit)
CDD – Community Development District
CEB – Code Enforcement Board
CF – Community Facility
CIE – Capital Improvement Element
CIP – Capital Improvement Program
CMO – Corridor Management Overlay
C.O. – Certificate of Occupancy
CON – Conservation Zoning District
CRD – Compact Rural Development
CSP – Conceptual Site Plan
CU – Conditional Use
DBH – Diameter at Breast Height
DEO – Department of Economic Opportunity
D.O. – Development Order
DRI – Development of Regional Impact
DSWT – Dry Season Water Table
E – Estates Zoning District
EAC – Environmental Advisory Council
EIS – Environmental Impact Statement
EPA – Environmental Protection Agency
EXP – Excavation Permit
FAC – Florida Administrative Code
FDEP – Florida Department of Environmental
Protection
FDOT – Florida Department of Transportation
FFWCC – Florida Fish & Wildlife Conservation
Commission
FIAM – Financial Impact Analysis Module
FIHS – Florida Interstate Highway System
FLUCFCS - Land Use Cover and Forms Classification
System
FLUE – Future Land Use Element
FLUM – Future Land Use Map
FP – Final Plat
FS – Florida Statutes
FSA – Flow way Stewardship Area
GC – Golf Course
GGAMP – Golden Gate Area Master Plan
GGPPOCO – Golden Gate Pkwy Professional Office
Commercial Overlay District
GMP – Growth Management Plan
GPCD – Gallons Per Capita per Day
GT – Gopher Tortoise
GWP – Ground Water Protection Zone
GZO – Goodland Zoning Overlay
HSA – Habitat Stewardship Area
I – Industrial Zoning District
ICBSD – Immokalee Central Business Subdistrict
LDC – Land Development Code
LOS – Level of Service
LPA – Local Planning Agency
LSPA – Littoral Shelf Planting Area
M/F – Multi-family Use or Zoning
MH – Mobile Home
MHO – Mobile Home Overlay
MLW – Mean Low Water
MPP – Manatee Protection Plan
NBMO – North Belle Meade Overlay
NC – Neighborhood Commercial District
NRPA – Natural Resource Protection Area
O.C. – On Center
P – Public Use District
PPL – Plans and Plat
PSI – Pounds Per Square Inch
PSP – Preliminary Subdivision Plat
PUD – Planned Unit Development
RSF – Residential Single-Family Districts
RCW – Red Cockaded Woodpecker
RFMU – Rural Fringe Mixed Use District
RLS – Request for Legal Service
RLSA(O) – Rural Lands Stewardship Area (Overlay)
RMF – Residential Multi-Family Districts
RNC – Residential Neighborhood Commercial
Subdistrict
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Chapter 12 | Acronyms
R.O.W. – Right of Way
RSF – Residential Single-Family
SBCO – Santa Barbara Commercial Overlay District
SBR – School Board Review
SDP – Site Development Plan
S/F – Single Family Use/Zoning
SFWMD – South Florida Water Management District
SIP – Site Improvement Plan
SLR – Sound Level Reduction
SOM – Stakeholder Outreach Meeting
SRA – Stewardship Receiving Area
SSA – Stewardship Sending Area
ST – Special Treatment Zoning Overlay
ST-NAR – Special Treatment-Natural Aquifer
Recharge
SWFRPC – Southwest Florida Regional Planning
Council
TCEA – Transportation Concurrency Exception Areas
TCMA – Transportation Concurrency Management
Areas
TDR – Transfer of Development Rights
TP – Turtle Permit
TTRVC – Travel Trailer Recreational Vehicle
Campground
USFWS – United States Fish & Wildlife Service
VOB – Vehicle on the Beach Permit
VR – Village Residential Zoning District
VRP – Vegetation Removal Permit
VRSFP – Vegetation Removal & Site Fill Permit
W – Waterfront District
WRA – Water Retention Area (within RLSA)
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 13 | Glossary
Chapter 13. Glossary
Addressing
Checklist
An addressing checklist is a form that must be signed by a member of the Addressing Staff.
This form indicates the petition type, the legal description, folio/property identification
number, the street address, location information, and a survey for unplatted properties.
The addressing checklist form can be found on the Collier County website, on the Zoning
and Land Use Application page.
Applicant A person or entity who files an application with the Growth Management Division
Department, including their representative or agent.
Applicant Contact
Information
The applicant contact information should include, but not limited to the following:
Applicant/owner or agent’s:
o Name;
o Address;
o Phone number;
o Email address; and
o The name of the firm where the agent is employed, if applicable.
Architect A natural person who is licensed under F.S. Chapter 481, Part I to engage in the practice of
architecture.
Engineer A person who is licensed to engage in the practice of engineering under F.S. Chapter 471,
and who practices principally in the design and construction of public works or
infrastructure.
Collier County
Code of Laws &
Ordinances
The general codification of the general and permanent ordinances of Collier County,
Florida. The Code of Laws and Ordinances is available online at www.municode.com.
Electronic Copies
of all Documents
An electronic version of all plans and documents, in PDF or Word format, on a CDROM as
part of the submittal package.
Landscape
Architect
A person who holds a license to practice landscape architecture in the State of Florida
under the authority of F.S. Chapter 481, Part II.
Land
Development
Code (LDC)
The Collier County Land Development Code 2004-41. The LDC is available online at
www.municode.com.
Mailed Notice See LDC section 10.03.05 B.
NIM See LDC section 10.03.05 A.
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 13 | Glossary
Newspaper
Advertisement
See LDC section 10.03.05 C.
Official Zoning
Atlas
The map that shows the location and boundaries of the zoning districts established by the
LDC section 2.02.01.
Planner A person who is certified by the American Institute of Certified Planners (AICP).
Proof of
Ownership
A copy of the recorded deed, contract for sale or agreement for sale, or a notarized
statement of ownership clearly demonstrating ownership and control of the subject lot or
parcel of land. The application shall also present a notarized letter of authorization from
the property owner(s) designating the applicant as the agent acting on behalf of the
owner(s).
Property
Identification
Number
The folio number that identifies a property or the parcels that are assigned by the Collier
County Property Appraiser.
Property Owner The owner of the property that is subject to an application for development approval, or
the designated agent or attorney.
Property Owners
in the
Notification Area
Persons or entities who own property in the area that are subject to a mailed written
notice of a hearing, pursuant to LDC subsection 10.03.05 B., See Chapter 8 of the
Administrative Code for additional information.
PUD Ordinance
and Development
Commitment
Information
The following list of documents and materials shall be provided for the following land use
applications, including, but not limited to: SDPs, SDPAs, PPLs, and PUDAs. The Planning &
Zoning Department Division shall review the PUD materials concurrent with all applicable
land use applications.
1.PUD ordinance and any amendments.
1.A copy of the latest approved agreements.
2.An itemized list of all commitments identified within the agreement/ordinance and a
corresponding detailed status report of the commitments.
3.Notarized affidavit from the owner/authorized agent that certifies all commitments
within the agreements or PUD are compliant or not applicable at this time, or that
work identified in the application being submitted fulfills the outstanding
commitments.
4.An up to date site drawing illustrating (except for DRIs):
All on-site and off-site infrastructure identified as a commitments which have
been completed or are pending such as turn lanes, entrance lighting
signalization, right-of-way dedication, water management, well fields,
conservation easements, sidewalks, interconnections, etc.
Other information as may be required by the County Manager or designee
that is consistent with the monitoring of agreements and PUD ordinances.
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 13 | Glossary
Sign See LDC section 10.03.05 D.
Stakeholder
Outreach
Meeting
Public outreach meetings required for the conversion of golf courses to non-golf course
uses pursuant to LDC section 5.05.15. See Chapter 8 F of the Administrative Code for
additional information.
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1. Pre-Applicaon Meeng 2.A. Intent to Convert Applicaon submied 2.B. Intent to Convert Applicaon reviewed by staff 3.C Intent to Convert Applicaon idenfied by staff as sufficient to proceed with public out-reach 4.B.i Stakeholder Out-reach Meeng 1 4.B.ii Stakeholder Out-reach Meeng 2 4.A.i Mailed Noce for SOMs 4.B.iii Web based visual survey (web address on Mailed Noce) 5. SOM Report submied to staff Rezone appli-caon PUD applica-on SRA Amend-ment applica-on Compability Design Re-view applica-on 3.D.i. Posng of Signage regarding conversion of golf course 3.D.ii. Mailed Noce regarding conversion of golf course Flowchart for LDC secon 5.05.15 Golf Course Conversions 4.A.ii Newspaper adver-sement Page 62
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Public Comments Regarding Amendments to LDC sections 2.03.06,
2.03.09, 3.05.07, 5.05.15, and 10.03.06 for Golf Course Conversions
Name: Valerie O. Star
Contact Information: (630) 951-8832
Affiliation: Evergreen Golf Course Resident
Valerie O. Star, a resident of the Lakewood Villas provided a letter to County staff, a letter to Lakewood
Community residents, a site plan depicting a potential conversion of the golf course, and images of the
open space and wildlife views from her home on January 17, 2017. Here comments, which include a
series of wildlife and open space images can be found here: http://www.colliergov.net/currentldcas
The letter to County Staff identifies that rezoning the Lakewood Golf Course, known as Evergreen Golf
Course, would have several results:
Impacts to the wildlife species that utilize the golf course and stormwater lakes,
Increased traffic congestion in the community due to increased density, and
Increased potential for flooding during the rainy season.
Staff Notes:
The LDC amendment for golf course conversions requires the submittal of environmental, stormwater
and traffic data prior to the Stakeholder Outreach Meetings and includes minimum open space and
preservation requirements. This will ensure that residents surrounding the golf course will be aware of
potential changes impacting these aspects of the golf course early in the design phases of a golf course
conversion project.
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LDC Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Growth Management Department Staff
DEPARTMENT: Growth Management
AMENDMENT CYCLE: 2016 LDC Amendment Cycle
LDC SECTION(S): 6.05.01 Water Management Requirements
6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family
Dwelling Units, and Duplexes (new section)
CHANGES: This amendment expands the requirement for a stormwater plan for all new
buildings, additions, or redevelopment of single-family dwellings, two-family dwellings, and
duplexes. Currently, only those lots that exceed the maximum lot coverage or impervious area are
required to submit a stormwater plan. This amendment removes the maximum lot coverage,
requires a stormwater plan on all lots and increases the impervious area thresholds for when an
engineered plan is required. Exceptions to the requirement for stormwater plans are provided for
lots in the Rural Agricultural (A) zoning district that are outside the coastal urban area and
Immokalee urban area, and for lots within a project that has been permitted by the South Florida
Water Management District (SFWMD) for Surface Water Management or Environmental
Resource Protection.
The amendment establishes two types of stormwater plans as described in Tables 1 and 2 below:
Table 1. Type I Stormwater Plans.
Required for: Type I Stormwater Plans shall demonstrate:
Lots with 40 percent or less
impervious area.
1. The direction of stormwater discharges.
2. Compliance with design standards for
retaining walls, French drains, stormwater
pipes, gutters and downspouts.
3. The location, dimension, and setbacks of
septic systems, if applicable.
Lots in the Estates district with 25
percent or less impervious area.
Lots in RSF-1 or Rural Agricultural
(A) districts in the urban area with 30
percent or less impervious area.
Lots that discharge directly into a
waterbody that is downstream of the
last control structure (regardless of
impervious area).
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Table 2. Type II Stormwater Plans.
Required for: Type II Stormwater Plans shall
demonstrate:
Lots with more than 40 percent
impervious area.
1. Compliance with all Type I Stormwater
Plan criteria.
2. Water quantity calculations to
accommodate the runoff from the area
exceeding the Type II Stormwater Plan
thresholds from a 5-year 1-day storm.
3. A matrix of all required separation
distances between wells, drainfield
systems, and stormwater
retention/detention areas.
4. Certification of compliance by the
engineer.
Lots in the Estates district with more
than 25 percent impervious area.
Lots in RSF-1 or Rural Agricultural
(A) districts in the urban area with
more than 30 percent impervious
area.
Lots that discharge directly into a
waterbody that is upstream of the last
control structure (regardless of
impervious area).
Additionally, the amendment establishes Type I and Type II Stormwater Plans as the tool for
demonstrating compliance with Collier County Code of Laws and Ordinances section 90-41 (f)(8).
A new application process for stormwater plans is also established in the Administrative Code.
REASON:
History
The current standards in LDC section 6.05.01 F were created in 2007 to address impacts associated
with large homes on small lots in conventional zoning districts. At that time, it was determined
that lots exempt from obtaining a SFWMD permit were designed to accommodate a typical amount
of lot coverage or impervious area. Therefore, it was determined that when a large home exceeds
the typical lot coverage or impervious area for that neighborhood, the home may result in impacts
to neighboring properties or the local stormwater system. As a result, a requirement to provide a
stormwater plan was established to address stormwater runoff from lots with a greater than average
percentage of lot coverage or impervious area.
In 2013, the Development Services Advisory Committee (DSAC) reviewed the stormwater plan
requirements in this section. At that time, they identified that the maximum lot coverage and
impervious areas are disproportionately limiting on Estates lots and recommended that an LDC
amendment address the lot coverage and impervious area thresholds. The amendment was then
added to the prioritized list of LDC amendments and approved by the Board of County
Commissioners. Following DSAC’s discussion of these standards, staff conducted additional
research and found several other areas for improvement in the current program as described in the
following sections.
Staff Research
Staff analyzed data from lot coverage reviews that occurred during a one-year period from June
2015 to June 2016. Staff members who regularly perform lot coverage reviews also identified
common problems with stormwater plan submittals and the current standards. As a result, staff has
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proposed changes to address not only disparities in the current thresholds, but also to resolve
several issues related to other elements of stormwater plans:
Thresholds
Analysis of the current thresholds confirmed that the maximum lot coverage and maximum
impervious area percentages do not apply consistently as lot sizes increase. Additionally, this
analysis has demonstrated that the percentage of lot coverage/impervious area allowed is
inconsistent once lot sizes exceed 53,000 square feet. Figure 1 demonstrates how the allowed lot
coverage and impervious areas change as lot sizes increase. For small lots, the maximum allowed
lot coverage begins at 25 percent and the maximum allowed impervious area begins at 40 percent.
However, larger lots are limited to a maximum lot coverage and impervious area of less than 5
percent.
Figure 1. Percent of Allowed Lot Coverage and Impervious Area at Varying Lot Sizes.
Common problems
LDC section 6.05.01 F is intended to address impacts associated with stormwater runoff flowing
onto neighboring properties. However, the current standards do not adequately protect against the
possibility for stormwater impacts. For properties that do not exceed the existing thresholds, no
review is performed when improvements are made to the property to ensure stormwater does not
flow to neighboring properties. However, even lots with a low percentage of lot coverage and
impervious area have the potential to impact their neighbors through site grading changes, slopes
or new structures near the property line, and other site features.
For lots that exceed the existing lot coverage or impervious area thresholds, while retention or
detention of stormwater is required, the current standards still do not adequately protect against
the possibility for stormwater impacts. There are no criteria related to berms or slopes near the
impacted area and there is no requirement for runoff to physically connect to the retention area.
This means that although a retention area may be provided, there is no guarantee that the retention
captures any of the runoff from impervious areas on site or that other site features won’t result in
a change in flow patterns and create stormwater impacts on neighboring properties.
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Moreover, there are some types of impervious surfaces that are not required to obtain a permit and
therefore may not be counted toward the maximum impervious area. However, any impervious
surfaces still have the potential to change stormwater runoff patterns.
Exemptions
Several exemptions are provided in the current standards. One of these allows an additional 3
percent (up to a maximum of 1,000 square feet) lot coverage or impervious area for first time
additions only. However, this additional lot coverage is not exempt during subsequent additions.
This means that if a stormwater plan is required for future additions, retention will then be required
for the area that was previously exempt from the standards.
Another exemption applied to lot coverage and impervious area reviews is for additions less than
400 square feet. Additions less than 400 square feet are not reviewed, even when the maximum lot
coverage or impervious area has already been exceeded. The nexus for both of these exemptions
is not clear and they could allow for stormwater impacts to occur, therefore, there are no size
exemptions in the proposed amendment.
Approval process
Lot coverage and impervious area calculations are currently only required when on site retention
is required. As a result, property owners submitting a building permit may not be aware how much
impervious area is on their lot until they have exceeded the thresholds. This can make thoughtful
planning of the lot difficult for property owners. This difficulty is compounded when separate
permits for a home and pool are submitted simultaneously. In some cases, one permit may indicate
a stormwater plan is required, while the other does not. This can be confusing for property owners
and again makes planning the development of the lot unpredictable. With this in mind, staff
believes the current process does not effectively communicate stormwater plan requirements to
property owners. For these reasons, the proposed amendment more clearly defines when
stormwater plans are required, how they should be prepared, and other procedural considerations.
The new Administrative Code section proposed in Appendix A is also intended to more clearly
define the approval process for stormwater plans.
Other communities
Staff reviewed lot coverage and stormwater management requirements for single-family
dwellings, two-family dwellings, and duplexes in 15 other communities and municipalities
throughout Florida. Three characteristics of stormwater management were common in other
communities:
1. Maximum lot coverage percentages and stormwater management applicability is based on
zoning districts, rather than lot sizes, in nearly all communities reviewed.
2. When stormwater management is required, standards are established for all lots, rather than
just those exceeding the maximum percentage of lot coverage or impervious area.
3. Other communities do not allow lots to exceed lot coverage or impervious area maximums.
As a result of this review of stormwater management in other communities, it is proposed that the
thresholds that require a stormwater plan now apply differently to several zoning districts. This
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change reflects differences in land use and development trends in each district. Additionally, due
to this review and other staff findings described above, it is proposed that stormwater plans are
required for all lots, with some exceptions.
Proposed Standards
Over the course of six Development Services Advisory Committee-Land Development Review
(DSAC-LDR) Subcommittee meetings in 2016, staff collaborated with subcommittee members
and stakeholders to review the current standards, identify goals for the amendment, and develop
the standards included in this amendment. The following sections describe the changes proposed
in this amendment.
Goals of the current amendment
Based on DSAC’s 2013 input and the findings in the additional research outlined above, staff
identified several goals for the current amendment:
Eliminate the inequity of the current applicability thresholds.
Provide better justification for the standards.
Provide stormwater management for runoff on all lots.
Create a program that is more predictable for property owners and increase communication
between reviewers and applicants.
These goals are aimed at preventing detrimental impacts both on site and on adjacent properties
and will apply stormwater management standards more fairly throughout the entire county.
Applicability
This amendment maintains the current applicability to all lots with single -family and two-family
dwellings, and duplexes. The current exemption for lots with a permit from the SFWMD for
surface water management or environment resource protection is maintained, however, an
exemption is added for non-urban agriculturally zoned lots.
Stormwater plans are currently only required when the lot coverage or impervious area exceeds
the thresholds in Table 6.05.01 F. This amendment removes Table 6.05.01 F and adds a
requirement for one of two types of stormwater plans for all lots, based only on impervious area
thresholds specific to each zoning district. The characteristics of each stormwater plan are
described in more detail in Tables 1 and 2 above, and the following sections.
This change is made in response to staff’s experience that drainage issues are not only associated
with a high percentage of impervious area. Staff has found that due to updated building
requirements, new construction is required to use more fill to build to a higher flood elevation than
in the past. In these cases, the fill pad, slopes, and other site grading can have an impact on a
neighborhood’s drainage patterns even when the total impervious area is low. Therefore, a
stormwater plan is necessary on all lots to ensure that drainage from new homes or additions does
not create detrimental impacts on the subject property or adjacent properties. However, the
requirements for stormwater plans for lots with low impervious area is designed to be less onerous
than for lots with high impervious area. Therefore, a Type I Stormwater Plan is established for lots
with relatively lower impervious areas and a Type II Stormwater Plan is established for properties
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with high impervious areas to ensure stormwater runoff does not result in detrimental impacts on
site or to adjacent properties.
Plan submittal
Property owners will continue to submit stormwater plans concurrently with a building permit,
consistent with the current submittal requirements. The stormwater plan submittal process is also
described in more detail in the proposed Administrative Code section in Appendix A.
Stormwater plan thresholds
The proposed amendment uses impervious area thresholds to determine whether a Type I or Type
II Stormwater Plan is required. In urban areas, where lot sizes are typically small, the DSAC-LDR
Subcommittee found that the current threshold for lots under 11,000 square feet is appropriate for
the urban area and, based on staff’s research, ensures that a majority of property owners in the
urban area will not exceed the threshold. As a result, a Type I Stormwater Plan is required for lots
with 40 percent or less impervious area and a Type II Stormwater Plan is required for lots with
more than 40 percent impervious area.
On lots in Estates zoning districts, where the DSAC-LDR Subcommittee found that the current
impervious area thresholds are disproportionately limiting, a Type I Stormwater Plan is required
for lots with 25 percent or less impervious area and a Type II Stormwater Plan is required for lots
with more than 25 percent impervious area. Currently many lots in the Estates are required to
provide a stormwater plan with lot coverage and impervious areas of less than 10 percent. The
DSAC-LDR Subcommittee reviewed staff’s research and aerials of existing sites in the Estates
and determined that lots with 25 percent or less impervious area represent appropriate impervious
areas for Estates lots and should not require stormwater calculations.
On lots in RSF-1 zoning districts and Rural Agricultural (A) zoning in the urban areas, a Type I
Stormwater Plan is required for lots with 30 percent or less impervious area and a Type II
Stormwater Plan is required for lots with more than 30 percent impervious area. This threshold
reflects that RSF-1 lots and Rural Agricultural (A) zoned lots in the urban areas are frequently
larger than other typical urban lots and sometimes have unique infrastructure constraints.
Finally, lots that discharge directly into a waterbody downstream of the last control structure may
submit a Type I Stormwater Plan regardless of the impervious area on the lot. These waterbodies
are uncontrolled and tidally affected, therefore, discharges will not result in stormwater runoff
impacts to neighboring properties. However, for lots discharging directly into a controlled
waterbody, upstream of the last control structure, a Type II Stormwater Plan must be submitted,
regardless of the impervious area on the lot. These discharges have the potential to impact
neighboring properties or the stormwater system and require some retention or detention before
discharging into the waterbody.
Criteria for Type I Stormwater Plans:
Lots required to submit a Type I Stormwater Plan have a comparatively lower percentage of
impervious area. As a result, Type I Stormwater Plans are the least complex type of stormwater
plan. These plans are required to demonstrate that stormwater will be directed to appropriate
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locations without impacting neighboring properties. While on-site retention may be provided on
lots with a Type I Stormwater Plan, no on-site retention is required.
The Type I Stormwater Plan criteria allow for a wide range of methods to address stormwater. On
some sites, the stormwater plan may require more drainage infrastructure to direct stormwater to
appropriate locations, while other sites may simply require grading of the site to meet the
stormwater plan criteria. As a result, the amendment allows either a Florida registered design
professional (such as architects, landscape architects, or engineers), a certified contractor, or owner
builder to design the stormwater plan.
Type I Stormwater Plans are required to demonstrate:
The direction of stormwater discharges. This criterion ensures that stormwater runoff
is directed away from neighbors and allows stormwater runoff to discharge to one or
more of the following:
o An existing surface water management system.-
o A drainage conveyance system, such as swales or underground storm sewer
systems.
o On-site retention or detention areas.
o A waterbody downstream of the last control structure.
Outfalls to a waterbody must also demonstrate that they will not result in
erosion of soil, and if an orifice is used, will be allowed through a
minimum 3-inch orifice. Also, the soil adjacent to the discharge area shall
be stabilized.
Compliance with several design standards.
o Retaining wall setbacks. To allow for maintenance of retaining walls, a six-inch
setback from the property line is required.
o Retention calculations for French drains. When French drains are used, a 40
percent void ratio shall be used in retention calculations.
o Stormwater pipe specifications. If used, stormwater pipes shall not be metal.
This standard is intended to prevent pipe installations with relatively short life
spans.
o Gutter and downspout standards in 6.05.01 C. This requirement ensures that
downspouts are not pointed toward neighboring properties when a structure is
located 10 feet or less from a property line. It should be noted additional
requirements for downspouts can be found in Florida Statutes Chapter
381.0065(4)(s), which also requires that downspouts are directed away from the
septic system drainfield, if one is located on the property.
The location, dimension, and setbacks of septic systems. If a septic system is present or
proposed on the property, this criteria ensures that the design and location of stormwater
management and septic systems is coordinated throughout the development of the property.
Criteria for Type II Stormwater Plans:
Lots that are required to submit a Type II Stormwater Plan have comparatively higher percentages
of impervious area and may require a more detailed design. These plans are also required to
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demonstrate that stormwater will be directed to appropriate locations without impacting
neighboring properties.
Due to the increased complexity of Type II Stormwater Plans and the requirement for volumetric
calculations for a design storm, this amendment requires that Type II Stormwater Plans shall be
designed by a professional engineer licensed in the state of Florida.
Type II Stormwater Plans are required to demonstrate:
Compliance with all Type I Stormwater Plan criteria. The Type I Stormwater Plan
criteria are designed to ensure stormwater runoff does not impact neighboring properties.
These criteria also apply to Type II Stormwater Plans.
An engineer’s analysis including:
o Water quantity calculations for a 5-year, 1-day storm event (the same design
storm event used in the current standards). Retention for the storm event is required
for the impervious area in excess of the thresholds for Type II Stormwater Plans
only. The DSAC-LDR Subcommittee determined that this storm event provides
adequate protection when applied to the area exceeding impervious area thresholds.
There is no requirement for water quality calculations included in this standard.
o A matrix of all required separation distances. This requirement will ensure that
the location of wells, drainfield systems, and stormwater retention or detention
areas are coordinated.
Certification of Compliance. The engineer is required to submit a certification of
compliance prior to inspections. Stormwater plans will be inspected during the 800 series
inspections for building permits. This is the same process used to inspect current
stormwater plans.
Application requirements
Application requirements for stormwater plans are established in the Administrative Code and are
designed to ensure that staff is provided with enough information to determine that appropriate
methods are used to direct discharge off site or to retain water on site.
Inspection and maintenance
The proposed amendment identifies an inspection schedule and maintenance requirements for
stormwater plans. Stormwater plans will be submitted with the building permit and will be
inspected by the County at the time of the building permit inspections and prior to the issuance of
a certificate of occupancy or certificate of completion, as applicable. Once approved, the property
owner is responsible for maintaining the site grading and drainage (such as the swales, French
drains, grates, etc.) in accordance with the approved stormwater plan. Since some types of site
work and impervious surfaces are not required to obtain a permit, this section also notifies property
owners that changes to the property, whether or not a permit is required, shall not modify the site
in a manner that will prevent the site from continuing to drain in accordance with the approved
stormwater plans.
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Violations
The amendment also proposes to establish stormwater plans as the tool for demonstrating
compliance with Collier County Code of Laws and Ordinances section 90-41 (f)(8) which states:
“…Subsequent to the construction of a single-family residence on the respective lot
(parcel of land), it shall be a violation of this article to cause ‘additional surface
water’ to run onto any real property owned by another landowner by filling, grading
or otherwise raising the elevation of the respective water source single family
residence lot…”
Staff is frequently called upon to investigate stormwater management issues on lots that were
developed prior to the establishment of the stormwater plan requirements. These types of
violations occur for a number of reasons including the addition of fill or slopes near the property
line. Therefore, this change will ensure that property owners and staff have a method to
demonstrate compliance with the Code of Laws.
DSAC-LDR SUBCOMMITTEE RECOMMENDATIONS: No changes, approved
unanimously on November 29, 2016.
DSAC RECOMMENDATIONS: No changes, approved unanimously on December 7, 2016.
PLANNING COMMISSION RECOMMENDATIONS: No changes, approved unanimously
on January 30, 2017.
FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts
associated with this amendment.
RELATED CODES OR REGULATIONS:
Collier County Code of Laws and Ordinances section 90-41 (f)(8)
Florida Statutes Chapter 381.0065(4)(s)
GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management
Plan impacts associated with this amendment.
OTHER NOTES/VERSION DATE: Prepared by Jeremy Frantz, Senior Planner, 12/1/16.
Amend the LDC as follows:
6.05.01 Water Management Requirements 1
A complete stormwater management system shall be provided for all areas within the 2
subdivision or development, including lots, streets, and alleys. 3
A. The system design shall meet the applicable provisions of the current County codes and 4
ordinances, SFWMD rules and regulations pursuant to Florida Statutes, and the Florida 5
Administrative Code, and any other affected state and federal agencies' rules and 6
regulations in effect at the time of preliminary subdivision plat submission. Water 7
management areas will be required to be maintained in perpetuity according to the 8
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approved plans. Water management areas not maintained will be corrected according to 1
approved plans within 30 days. 2
B. Where stormwater runoff from outside the subdivision or development historically 3
passes on, over, or through areas of the subdivision or development, such runoff shall 4
be included in the stormwater system design. The system shall be designed for long life, 5
low cost maintenance by normal methods and provide for optimal on-site detention of 6
stormwater runoff and groundwater recharge in accordance with applicable County and 7
SFWMD regulations. 8
C. Any structure with an outside wall which is closer than 10 feet from a side property line 9
shall install properly sized (minimum twenty-four-square inch cross-section) gutters and 10
downspouts to direct stormwater away from neighboring properties and toward front 11
and/or rear swales or retention/detention areas. 12
D. In-ground percolation type retention systems such as rock trenches, exfiltration trenches 13
or beds, infiltrator type systems, gallery type systems, etc., shall not be used to achieve 14
water quality retention for residential subdivisions. Rear yard open retention systems 15
shall likewise not be designed to achieve water quality retention on projects submitted 16
after January 1, 2002. All retention systems for projects designed after January 1, 2002, 17
shall be on common property owned and maintained by a homeowners' association or 18
similar entity. 19
E. Any canal which forms a part of the public water management system shall be dedicated 20
for care and maintenance per the requirements of the governmental agency which has 21
jurisdiction. Canals located entirely within the subdivision and which do not form a part 22
of the public water management system shall be dedicated to the public, without the 23
responsibility for maintenance, as a drainage easement. A maintenance easement, of a 24
size acceptable to the County Manager or designee or other governmental agency with 25
maintenance responsibility, shall be provided adjacent to the established drainage 26
easement, or the drainage easement created must be of a size suitable for the 27
proposed canal and its maintenance. 28
F. Stormwater Retention/Detention Design for Single-Family Dwelling Units, Two-Family 29
Dwelling Units and Duplexes. 30
1. Applicability. Any application for a building permit to allow the development or 31
redevelopment of a single-family or two-family dwelling or duplex submitted 32
after July 1, 2008, except for the following conditions: 33
a. Any application within the boundaries of development projects that have: 34
(1) been permitted by the South Florida Water Management District for 35
Surface Water Management or Environmental Resource Protection and 36
(2) have a central surface water management collection, storage, 37
treatment and discharge system; 38
b. A one-time addition is allowed for certain sized homes, as set forth below; 39
or 40
c. An application accompanied by a stormwater management plan, signed 41
and sealed by a registered Florida Professional Engineer. 42
Table 6.05.01 F. 43
Lot Size Lot Coverage Impervious Area Coverage
Under 11,000 sq. ft. 25% 40%
11,000 sq. ft. to 52,999 sq. ft.
and 100 ft. or greater in width
2,750 sq. ft. +5% of area in
excess of 11,000 sq. ft.
4,400 sq. ft. +5% of area in
excess of 11,000 sq. ft.
11,000 sq. ft. to 52,999 sq. ft.
and less than 100 ft. in width
2,750 sq. ft. +2% of area in
excess of 11,000 sq. ft.
4,400 sq. ft. +2% of area in
excess of 11,000 sq. ft.
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53,000 sq. ft. and over 4,850 sq. ft. +3% of area in
excess of 53,000 sq. ft.
6,500 sq. ft. +2% of area in
excess of 53,000 sq. ft.
1
2. The maximum allowable ratio of lot coverage and impervious area coverage to 2
the total lot area shall be as provided for in Table 6.05.01 F. unless accompanied 3
by an engineer's analysis as specified below. 4
a. The site drainage analysis shall include water quality calculations to 5
SFWMD standards and water quantity calculations done to accommodate 6
the runoff, from area in excess of the above ratio, from a 5-year 1-day 7
storm and shall include a percolation test done by a qualified engineer or 8
technician. If the site will use a drainfield/septic tank for sewage 9
treatment/disposal, the wet season water table calculations for drainage 10
must match that used for the drainfield design. 11
b. The application site plan shall list all required separation distances 12
between wells, drainfield systems, and stormwater retention/detention 13
areas. The calculations may be done on the site plan or may be in a 14
separate Engineer's report, but must be signed and sealed by the 15
Engineer. 16
c. The water surface area of swimming pools and ponds is not considered 17
as impervious area for the purposes of the calculations in Table 6.05.01 18
F. 19
3. A one-time addition to an existing residence will be allowed after July 1, 2008. 20
The addition will be limited to 3 percent of the lot area up to a maximum of 1,000 21
square feet as long as that one-time addition does not exceed the area in Table 22
6.05.01 F. by more than 3 percent of the lot area or more than 1,000 square feet. 23
GF. The design of the stormwater management system shall fully incorporate the 24
requirements of the Interim Watershed Management regulations of LDC section 3.07.00. 25
HG. Street grades. Street grades must be determined in relation to the drainage facilities 26
for the subdivision and must not exceed four percent nor be less than 0.3 percent, 27
unless otherwise approved by the County Manager or designee pursuant to section 28
10.02.04 of the LDC. Street grades must be shown on the development plans by 29
direction and percent of fall on the road profiles. 30
IH. Rainfall and runoff criteria. The system must be designed for "design floods" resulting 31
from rain storms and antecedent conditions for all system components in accordance 32
with current Collier County and South Florida Water Management District criteria. 33
1. Runoff coefficients. Existing land usage will be considered for the selection of 34
proper runoff coefficients within the drainage basins involved, whether within the 35
subdivision or development or not. 36
2. Lakes. Artificial lakes and retention basins proposed as part of a stormwater 37
retention system for on-site water management must be designed and shall be 38
consistent with other ordinances or regulations of Collier County, the state or the 39
region. All lakes will be set back from abutting roadways or intersections 40
pursuant to the design standards established in sections 22-106 through 22-119 41
of the Code of Laws and Ordinances. 42
JI. Stormwater outfalls. Stormwater runoff must be conducted to positive outfalls that can be 43
permanently maintained, practicably and legally. Outfalls to existing waterways, canals, 44
preserve or conservation areas, lakes or storm sewers will be acceptable provided it can 45
be demonstrated through a professional engineering study to the County Manager or 46
designee that such receiving systems have adequate capacity to receive the proposed 47
quantity and quality of the additional flow. 48
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1. Side ditches or swales along public or private roads shall not be accepted as 1
suitable positive outfalls except as may be specifically accepted under the 2
provisions of the LDC by the County Manager or designee and by the Florida 3
Department of Transportation, if applicable. The storage of stormwater runoff in 4
other existing or proposed ditches or swales within a public or private right-of-5
way will be permitted for volume storage when approved under South Florida 6
Water Management District design criteria, but will not be utilized to satisfy the 7
stormwater storage (quality) requirements of a development's master water 8
management system. 9
KJ. Major waterway. Improvement or establishment of major waterways and canals will be 10
developed in full accord with applicable stormwater management criteria. Engineering 11
data, criteria, and suitable calculations shall be submitted to the County Manager or 12
designee prior to approval of construction plans. 13
1. Roadways over major waterways will be structures approved by the County 14
Manager or designee, sized to maintain flow capacity, designed to assure long 15
life and minimal maintenance. Construction must meet all current Florida 16
Department of Transportation Standard Specifications for Road and Bridge 17
Construction, as amended, unless otherwise approved by the County Manager or 18
designee pursuant to section 10.02.04 of the LDC. 19
LK. Outfall ditches and open channels. Unless otherwise approved by the County Manager 20
or designee pursuant to section 10.02.04 of the LDC, side slopes no steeper than four to 21
one will be allowed. Protection against scour and erosion will be provided as required by 22
the County Manager or designee. 23
ML. Roadside swales. 24
1. Design. In the interest of preserving the existing natural groundwater levels, 25
roadways will not be designed so as to cause the significant lowering of the water 26
levels existing in the area prior to development. Roadside swales and ditches 27
may be permitted within street rights-of-way where the use of roadside swales 28
can be justified to the County Manager or designee through a written report 29
prepared by the applicant's professional engineer. Swales, where permissible, 30
will have side slopes no steeper than four to one and they will not be utilized to 31
satisfy the stormwater quality (volume) requirements of a project's master water 32
management system. Where flow velocities in excess of four feet per second are 33
anticipated, urban right-of-way sections will be required. 34
2. Erosion protection. All unpaved areas within the permanent right-of-way must 35
be provided with permanent erosion protection, such as native vegetation or 36
turf. Swale ditches shall be sodded a lateral distance extending from the road 37
pavement to the top of the swale ditch backslope. Where valley guttered sections 38
are used for drainageways, turf protection must be placed from the edge of the 39
gutter to the outer limits of the right-of-way. If seeding is utilized, then mulching 40
in accordance with the Florida Department of Transportation standards will be 41
required. Additionally, if seeding and mulching are utilized, then a strip of sod one 42
foot wide will be placed along the face of the pavement or curb section and over 43
the invert of any approved swale section within the runoff flowway. All swales 44
subject to erosion velocities will have adequate erosion protection in the form of 45
riprap or other applicable like methods. 46
3. Driveways across swale ditches. Driveways across permitted swale ditches 47
must have placed beneath them drainage pipes of adequate size and type 48
approved by the County Manager or designee, based on the capacity 49
requirements calculated by the applicant's professional engineer for the 50
development's master water management system. 51
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NM. Street drainage. Street drainage within the road right-of-way through grassed swales 1
will be permitted for rural cross sections only except where velocities in excess of four 2
feet per second are anticipated. The flow from these swales or other types of drainage 3
facilities will be diverted to natural percolation areas, artificial seepage basins or 4
artificial lakes of at least sufficient capacity to comply with the criteria of Collier County 5
and the South Florida Water Management District. Other equally effective methods of 6
returning cleansed waters to the aquifer will be acceptable upon prior review and 7
approval by the County Manager or designee. 8
1. Existing natural lakes may be used as detention areas provided that they have 9
adequate storage capacity and that pretreatment measures approved by the 10
County Manager or designee are taken to prevent pollutant matter from entering 11
the lake. Positive outfall drainage facilities will be provided away from all 12
percolation areas, seepage basins, detention areas and artificial lakes to handle 13
the runoff from storms which exceed the required design storm event in duration 14
and/or severity. 15
ON. Percolation areas. The actual area required will depend on the percolation rate for the 16
soils at the specific site and the manner in which the site is developed in accordance 17
with Collier County and South Florida Water Management District criteria. 18
1. Underground drainage. Where drainage plans provide for, or it is so directed by 19
the County Manager or designee, the collection of stormwater in underground 20
pipes, inlets and other appurtenances for conveyance to an intermediate or 21
ultimate outfall, the following minimum design criteria will be observed: 22
a. The minimum pipe used within a publicly maintained stormwater 23
collection system will be 15 inches in diameter. 24
b. Inlets will be spaced at such intervals and in such a manner to allow for 25
the acceptance of 100 percent of the ten-year, one-hour storm runoff. 26
c. The distance between terminating and intermediate structures must not 27
exceed those required by the Florida Department of Transportation, 28
pursuant to Florida Department of Transportation Drainage Manual, 29
Volumes 1—4 (1987 edition or latest revision). 30
d. The stormwater, underground collection system, must be so designed 31
that the elevation of the hydraulic gradient during a ten-year, one-hour 32
storm event is never higher than the crown elevation of any publicly 33
maintained roadway in the system. 34
e. The pipes must be designed to minimize sediment deposits. 35
f. The pipe materials must meet the requirements set forth in sections 36
943—948 inclusive of the current edition of the Florida Department of 37
Transportation Standard Specifications for Road and Bridge Construction. 38
Only concrete pipe or other pipe materials approved by the County 39
Manager or designee may be used in tidal or salt waters. 40
g. All drainage pipes must be fitted with headwalls, endwalls, inlets and 41
other appropriate terminating and intermediate structures. 42
PO. Stormwater disposal. The method of ultimate disposal of stormwaters will be dependent 43
upon the soil characteristic underlying the development or subdivision. All stormwaters 44
will be subjected to treatment for the removal of petroleum residues, oils, suspended 45
solids and other pollutants found in stormwater runoff. The method of treatment will be 46
determined by the applicant's professional engineer responsible for the preparation of 47
the stormwater management plans and specifications, and will be subject to the approval 48
of the County Manager or designee and the concerned state agencies. 49
# # # # # # # # # # # # # 50
51
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6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, 1
and Duplexes 2
A. Purpose. The purpose of this section is to manage stormwater runoff on lots with 3
single-family dwelling units, two-family dwelling units, or duplexes in order to 4
prevent detrimental impacts on site or to adjacent properties. This section is also 5
designed to provide criteria for demonstrating compliance with Collier County Code of 6
Laws and Ordinances section 90-41(f)(8). For the purposes of this section, the term 7
impervious area shall include roofed buildings, concrete and asphalt pads, cool deck 8
(e.g. spraycrete), pavers with limerock base, swimming pools, and lined pond area. 9
Additionally, the term pervious area shall include grass, crushed stone (e.g. #57), 10
mulch, pavers without limerock base, and unlined pond area. 11
B. Applicability. A Type I or Type II Stormwater Plan shall be required for lots with single-12
family dwellings, two-family dwellings, or duplexes with the following exceptions: 13
1. Lots located in the Rural Agricultural (A) zoning district outside the Immokalee 14
Urban Area Overlay district and outside the coastal urban designated area as 15
established in the Future Land Use Map. 16
2. Lots that have received a Surface Water Management or Environmental 17
Resource Protection permit from the South Florida Water Management District. 18
C. Stormwater plan submittal. A stormwater plan shall be submitted as part of an 19
application for a building permit for any of the following: 20
1. Type I Stormwater Plans. 21
a. New structures, additions, pools, or decks on lots with 40 percent or 22
less impervious area, or as described in the following zoning districts: 23
i. RSF-1 zoned lots with 30 percent or less impervious area. 24
ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area 25
Overlay district or within the coastal urban designated area as 26
established in the Future Land Use Map with 30 percent or less 27
impervious area. 28
iii. Estates zoned lots with 25 percent or less impervious area. 29
b. New structures, additions, pools, or decks on lots that discharge directly 30
to a waterbody downstream of the last control structure, whether or not 31
the lot exceeds the impervious area thresholds in LDC section 6.05.03 32
C.1.a above. 33
2. Type II Stormwater Plans. 34
a. New structures, additions, pools, or decks on lots with more than 40 35
percent impervious area, or as described in the following zoning 36
districts: 37
i. RSF-1 zoned lots with more than 30 percent impervious area. 38
ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area 39
Overlay district or within the coastal urban designated area as 40
established in the Future Land Use Map with more than 30 41
percent impervious area. 42
iii. Estates zoned lots with more than 25 percent impervious area. 43
b. New structures, additions, pools, or decks on lots that discharge directly 44
to a waterbody upstream of the last control structure, whether or not the 45
lot exceeds the impervious area thresholds in LDC section 6.05.03 46
C.2.a above. 47
D. Stormwater plan criteria. 48
1. Type I Stormwater Plan. Type I Stormwater Plans shall be prepared by a Florida 49
registered design professional, licensed contractor or owner builder. The Type I 50
Stormwater Plan shall demonstrate the following: 51
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a. Stormwater runoff. Discharges from the impacted area shall be directed 1
into one or more of the following: 2
i. An existing surface water management system. 3
ii. A drainage conveyance system, such as swales or underground 4
storm sewer systems. 5
iii. On-site retention or detention areas. The bottom of retention or 6
detention areas shall be above the wet season water table. 7
iv. A waterbody downstream of the last control structure. Stormwater 8
discharges to a waterbody shall not result in erosion of soil. 9
Discharges may be allowed through an orifice with a minimum 10
size of 3 inches and the soil adjacent to the discharge area shall 11
be stabilized. For lots discharging directly to waterbodies 12
upstream of the last control structure, see LDC section 6.05.03 13
D.2. 14
b. Design standards. 15
i. Retaining walls shall be set back six inches from the property line, 16
if applicable. 17
ii. Stone in French drains shall be calculated with a 40 percent void 18
ratio, if applicable. 19
iii. Stormwater pipes, if used, shall not be metal. 20
iv. Gutters and downspouts shall comply with LDC section 6.05.01 C, 21
if applicable. 22
c. The location, dimension, and setbacks of septic systems, if applicable. 23
2. Type II Stormwater Plan. Type II Stormwater Plans shall be prepared by a 24
professional engineer licensed in the state of Florida. The Type II Stormwater 25
Plan shall demonstrate the following: 26
a. Stormwater runoff. Discharges from the impacted area shall be directed 27
into one or more of the following: 28
i. An existing surface water management system. 29
ii. A drainage conveyance system, such as swales or underground 30
storm sewer systems. 31
iii. On-site retention or detention areas. The bottom of retention or 32
detention areas shall be above the wet season water table. 33
iv. A waterbody. Stormwater discharges directly to a waterbody shall 34
not result in erosion of soil. Discharges may be allowed through 35
an orifice with a minimum size of 3 inches and the soil adjacent to 36
the discharge area shall be stabilized. 37
b. Design standards. 38
i. Retaining walls shall be set back six inches from the property line, 39
if applicable. 40
ii. Stone in French drains shall be calculated with a 40 percent void 41
ratio, if applicable. 42
iii. Stormwater pipes, if used, shall not be metal. 43
iv. Gutters and downspouts shall comply with LDC section 6.05.01 C, 44
if applicable. 45
c. The location, dimension, and setbacks of septic systems, if applicable. 46
d. An engineer’s analysis that demonstrates the following: 47
i. Water quantity calculations by a qualified engineer or technician 48
that demonstrate the ability to accommodate the runoff from the 49
area exceeding the applicable threshold in LDC section 6.05.03 C 50
from a 5-year 1-day storm. 51
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ii. A matrix of all required separation distances between wells, 1
drainfield systems, and stormwater retention/detention areas. The 2
calculations may be done on the site plan or may be in a separate 3
engineer's report, but the site plan must be signed and sealed by 4
a professional engineer licensed in the state of Florida. 5
e. A certification of compliance shall be submitted to the County by the 6
engineer prior to an inspection. 7
E. Application submittal requirements. The Administrative Code shall establish the 8
submittal requirements for stormwater plans. 9
F. Inspection and maintenance. 10
1. Inspection. The subject property shall be inspected by the County prior to 11
issuance of a certificate of occupancy or certificate of completion, as applicable, 12
for consistency with the approved stormwater plan. 13
2. Maintenance. The property owner shall maintain site grading and drainage (e.g. 14
swales, French drains, grates, etc.) in accordance with the approved stormwater 15
plan. Future changes to impervious area or site grading shall not modify the site 16
in a manner that will prevent continued drainage of the site as shown on the 17
approved stormwater plan, whether or not a permit is required for an 18
improvement. 19
G. Violations. Where a violation of Collier County Code of Laws and Ordinances section 90-20
41(f)(8) has been found by the Code Enforcement Board or Special Magistrate, a 21
stormwater plan shall be submitted that demonstrates the additional flow of surface 22
water has been eliminated. The subject property shall be inspected by the County to 23
determine if the violation has been resolved. 24
# # # # # # # # # # # # # 25
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
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M. Stormwater Plan
Reference LDC subsection 6.05.03.
Applicability This process applies to single-family dwellings, two-family dwellings, and duplexes that
meet the applicability criteria established in LDC section 6.05.03.
This process may also be used to demonstrate compliance with Collier County Code of
Laws and Ordinances section 90-41(f)(8) as described in LDC section 6.05.03 G.
Pre-application A pre-application meeting is not required.
Initiation The applicant submits a Type I or Type II Stormwater Plan as part of the Building Permit
application or when required by the Code Enforcement Board or Special Magistrate to
demonstrate compliance with Collier County Code of Laws and Ordinances section 90-
41(f)(8).
Application
Contents
Submittal Credentials: A Type I Stormwater Plan, as described below, shall be prepared
by a Florida registered design professional, licensed contractor, or owner
builder. A Type II Stormwater Plan, as described below, shall be prepared by a
professional engineer licensed in the state of Florida. The name and contact
information of the person who prepared the drainage plan shall be included on
the document.
Type I and Type II Stormwater Plan applications must include the following:
1. Applicant contact information.
2. Property information, including:
Address of the subject property;
Zoning of the subject property; and
Description of the proposed activity.
3. The Stormwater Plan shall demonstrate the following:
Property boundaries;
Lot area;
Finished floor elevation of the subject property, as needed;
Elevation of adjacent properties at the property line and representative
elevations of the subject site throughout the impacted area, as needed;
Location and area of all surfaces that prevent the percolation or absorption
of water into the ground on the site;
Septic system location and dimensions, if applicable;
Location of existing topographical features, such as, watercourses, drainage
ditches, lakes, marshes, if applicable;
Proposed drainage directional arrows;
Location and type of all drainage infrastructure, if applicable;
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
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Square feet of retention or detention areas, if applicable;
Depth of retention or detention areas in inches, if applicable;
Cross-sections illustrating proposed grading and drainage infrastructure,
including but not limited to: berms, walls, swales, pipes, gutters and
downspouts, or other drainage facilities as needed to demonstrate
compliance with LDC section 6.05.03; and
Elevation of the wet season water table in the impacted area if detention or
retention is proposed;
In addition to the application contents above, Type II Stormwater Plans must
include an engineer’s analysis that demonstrates the following:
Water quantity calculations required in LDC section 6.05.03 D.2;
A matrix of all required separation distances between wells, drainfield
systems, and stormwater retention/detention areas. The matrix may be
included as a part of the site plan or on a separate engineer’s report; and
The wet season water table elevation.
4. Any additional information related to the subject site, impervious areas, or drainage
requested by the County Manager or designee.
Completeness and
Processing
The Planning & Zoning Division will review the application for completeness. After
submission of the completed application packet accompanied with the required fee, the
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice No notice is required.
Public Hearing No public hearing required.
Decision maker The County Manager or designee.
Review Process The Stormwater Plan will be reviewed by the Planning & Zoning Division as a part of the
Building Permit application or a code enforcement case.
Updated
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Public Comments Regarding Amendments to LDC sections 6.05.01 and
6.05.03 for Stormwater Plans
Name: Sean McCabe
Contact Information: (239) 262-0304 ext. 267
Affiliation: Conservancy of Southwest Florida
In comments provided by email on October 13, 2016, the Conservancy requested the following additions
to the amendment:
The purpose statement should include preventing detrimental impacts to downstream water
resources from stormwater runoff.
Encourage and incentivize Low Impact Development design.
Include volumetric specifications of a 1 hour 5 year storm event with an additional ½ inch
treatment volume in areas discharging to Outstanding Florida Waterbodies or impaired
waterbodies.
Include a requirement for 85 percent nutrient removal efficiency for any BMPs used.
Require connectivity of runoff to onsite stormwater management areas.
In comments provided by email on November 8, 2016, the Conservancy reiterated that water quality
criteria should be included for all stormwater plans due to significant cumulative impacts of development
in the Naples Bay watershed over time.
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DRAFT 3/15/17
Page 1 of 25
Words struck through are deleted, words underlined are added
ORDINANCE NO. 17 - ____
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, MORE SPECIFICALLY, TO ADD USES
TO THE LIST OF PERMITTED AND CONDITIONAL USES IN THE
GOLF COURSE (GC) ZONING DISTRICT; 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.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
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amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar year
unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this amendment to the LDC is part of the first amendment cycle for the
calendar year 2016; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on March 14, 2017 and March 28, 2017, and did take action
concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
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1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan, or element or portion thereof
shall be consistent with such comprehensive plan or element or portion thereof.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities , capacity or size, timing, and other aspects of development are compatible with, and
further the objectives, policies, land uses, densities, or intensities in the comprehensive plan
and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
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10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.06 PLANNED UNIT
DEVELOPMENT DISTRICTS
Section 2.03.06 Planned Unit Development Districts, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.03.06 Planned Unit Development Districts
* * * * * * * * * * * * *
H. Conversion of Golf Courses. Golf courses constructed within a PUD shall adhere to the
process established in LDC section 5.05.15 prior to converting to another use.
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* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.09 OPEN SPACE ZONING
DISTRICTS
Section 2.03.09 Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
Section 2.03.09 Open Space Zoning Districts
A. Golf Course and Recreational Use District "GC". The purpose and intent of "GC" district
is to provide lands for golf courses, recreational uses, and normal accessory uses to
golf courses, including certain uses of a commercial nature. Recreational uses should be
compatible in scale and manner with residential land uses. The GC district shall be in
accordance with the urban mixed use district and the agricultural/rural mixed use district
of the future land use element of the Collier County GMP. All uses shall be subject to
design standards established in LDC section 5.05.15 H, and other applicable LDC
standards.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the GC district.
a. Permitted uses.
1. Golf courses.
2. Hiking trails, walkways, multi-use paths and observation decks.
3. Passive recreation areas.
4. Disc golf.
b. Accessory U uses.
1. Uses and structures that are accessory and incidental to uses
permitted as of right in the GC district.
2. Recreational facilities that serve as an integral part of a golf
course the permitted use, including but not limited to clubhouse,
community center building, practice driving range, shuffleboard
courts, swimming pools and tennis facilities, snack shops and
restrooms.
3. Pro shops with equipment sales, no greater than 1,000 square
feet, associated with a golf course.
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4. Restaurants, associated with a golf course, with a seating
capacity of 150 seats or less provided that the hours of operation
are no later than 10:00 p.m.
5. A maximum of two residential dwellings units for use by golf
course employees in conjunction with the operation of the golf
course.
6. Golf mMaintenance buildings.
c. Conditional uses. The following uses are permissible as conditional uses in
the GC district, subject to the standards and provisions established in LDC
section 10.08.00.
1. Commercial establishments oriented to the golf course permitted
uses of the district including gift shops; pro shops with equipment
sales in excess of 1,000 square feet; restaurants with seating
capacity of greater than 150 seats; cocktail lounges, and similar
uses, primarily intended to serve patrons of the golf course.
2. Cemeteries and memorial gardens.
3. Equestrian facilities, including any trails, no closer than 500 feet to
residential uses.
4. Museums.
5. Water related activities, including non-motorized boating, boat
ramps, docks, and fishing piers.
6. Courts, including bocce ball, basketball, handball, pickle ball,
tennis, and racquetball.
7. Neighborhood fitness and community centers.
8. Parks and playgrounds.
9. Pools, indoor or outdoor.
10. Botanical gardens.
11. Any other recreational use which is compatible in nature with the
foregoing uses as determined by the Hearing Examiner or Board
of Zoning Appeals, as applicable.
* * * * * * * * * * * * *
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SUBSECTION 3.___. AMENDMENTS TO SECTION 3.05.07 PRESERVATION
STANDARDS
Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
Section 3.05.07 Preservation Standards
* * * * * * * * * * * * *
H. Preserve standards.
1. Design standards.
* * * * * * * * * * * * *
e. Created preserves. Although the primary intent of GMP CCME Policy
6.1.1 is to retain and protect existing native vegetation, there are
situations where the application of the retention requirements of this
Policy is not possible. In these cases, creation or restoration of vegetation
to satisfy all or a portion of the native vegetation retention requirements
may be allowed. In keeping with the intent of this policy, the preservation
of native vegetation off site is preferable over creation of preserves.
Created Preserves shall be allowed for parcels that cannot reasonably
accommodate both the required on-site preserve area and the proposed
activity.
* * * * * * * * * * * * *
i. Applicability. Criteria for determining when a parcel cannot
reasonably accommodate both the required on-site preserve area
and the proposed activity include:
* * * * * * * * * * * * *
(e) When small isolated areas (of less than ½ acre in size)
of native vegetation exist on site. In cases where
retention of native vegetation results in small isolated
areas of ½ acre or less, preserves may be planted with all
three strata; using the criteria set forth in Created
Preserves and shall be created adjacent existing native
vegetation areas on site or contiguous to preserves
on adjacent properties. This exception may be granted,
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regardless of the size of the project. Created preserves
may exceed the ½ acre size limitation for golf course
conversion applications in accordance with LDC section
5.05.15.
* * * * * * * * * * * * *
SUBSECTION 3.___. ADDING SECTION 5.05.15 CONVERSION OF GOLF COURSES
Section 5.05.15 Conversion of Golf Courses, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby added as follows:
Section 5.05.15 Conversion of Golf Courses
A. Purpose and Intent. The purpose of this section is to assess and mitigate the impact of
golf course conversion on real property by requiring outreach with stakeholders during
the design phase of the conversion project and specific development standards to
ensure compatibility with the existing land uses. For the purposes of this section,
property owners within 1,000 feet of a golf course shall hereafter be referred to as
stakeholders.
1. Stakeholder outreach process. The intent is to provide a process to cultivate
consensus between the applicant and the stakeholders on the proposed
conversion. In particular, this section is designed to address the conversion of
golf courses surrounded, in whole or in part, by residential uses or lands zoned
residential.
2. Development standards. It is the intent of the specific development standards
contained herein to encourage the applicant to propose a conversion project
with land uses and amenities that are compatible and complementary to the
existing neighborhoods. Further, the applicant is encouraged to incorporate
reasonable input provided by stakeholders into the development proposal.
B. Applicability. The following zoning actions, Stewardship Receiving Area Amendments,
and Compatibility Design Review petitions, hereafter collectively referred to as
“conversion applications,” shall be subject to LDC section 5.05.15. A conversion
application shall be required when an applicant seeks to change a constructed golf
course to a non-golf course use. However, where a permitted, accessory, or
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conditional use is sought for a golf course zoned Golf Course and Recreational Uses
(GC), the applicant shall be exempt from this section except for LDC section 5.05.15 H.
1. Zoning actions. This section applies to a golf course constructed in any zoning
district where the proposed use is not permitted, accessory, or conditional in
the zoning district or tract for which a zoning change is sought. Zoning actions
seeking a PUD rezone shall be subject to the minimum area requirements for
PUDs established in LDC section 4.07.02; however, the proposed PUD shall not
be required to meet the contiguous acres requirement so long as the PUD
rezone does not include lands other than the constructed golf course subject to
the conversion application.
2. Stewardship Receiving Area Amendments. This section applies to a golf course
constructed on lands within a Stewardship Receiving Area where the proposed
use is not permitted, accessory, or conditional in the context zone for which the
change is sought.
3. Compatibility Design Review. This section applies to a golf course constructed
in any zoning district or designated as a Stewardship Receiving Area that utilize
a non-golf course use which is a permitted, accessory or conditional use within
the existing zoning district or designation. Conditional uses shall also require
conditional use approval subject to LDC section 10.08.00.
C. Application process for conversion applications.
1. Intent to Convert application. The applicant shall submit an “Intent to Convert”
application to the County prior to submitting a conversion application. The
following is required of the applicant:
a. Application. The Administrative Code shall establish the procedure and
application submittal requirements, including: a title opinion or title
commitment that identifies the current owner of the property and all
encumbrances against the property; the Developer’s Alternatives
Statement, as provided for below; and the public outreach methods to be
used to engage stakeholders at the Stakeholder Outreach Meetings, as
established below.
b. Public Notice. The applicant shall be responsible for meeting the
requirements of LDC section 10.03.06.
2. Developer’s Alternatives Statement requirements. The purpose of the
Developer’s Alternatives Statement (DAS) is to serve as a tool to inform
stakeholders and the County about the applicant’s development options and
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intentions. It is intended to encourage communication, cooperation, and
consensus building between the applicant, the stakeholders, and the County.
b. Alternatives. The DAS shall be prepared by the applicant and shall
clearly identify the goals and objectives for the conversion project. The
DAS shall address, at a minimum, the three alternatives noted below. The
alternatives are not intended to be mutually exclusive; the conceptual
development plan described below may incorporate one or more of the
alternatives in the conversion project.
i. No conversion: The applicant shall examine opportunities to
retain all or part of the golf course. The following considerations
are to be assessed:
a) Whether any of the existing property owners’
association(s) reasonably related to the golf course are
able to purchase all or part of the golf course; and
b) Whether any of the existing property owners’
association(s) and/or any new association reasonably
related to the golf course can coordinate joint control for all
or part of the golf course.
ii. County purchase: The applicant shall coordinate with the County
to determine if there is interest to donate, purchase, or maintain a
portion or all of the property for a public use, such as a public
park, open space, civic use, or other public facilities. This section
shall not require the County to purchase any lands, nor shall this
require the property owner to donate or sell any land.
iii. Conceptual development plan: The applicant shall prepare one
or more proposed conceptual development plans, consistent with
the development standards established in LDC section 5.05.15
G, depicting the proposed conversion. The applicant shall share
the conceptual development plan with the stakeholders at the
Stakeholder Outreach Meetings as described below. The
conceptual development plan shall include a narrative describing
how the plan implements and is consistent with the goals and
objectives identified in the DAS. The conceptual development
plan shall depict the retained and proposed land uses, including
residential, non-residential, and preserve areas; existing and
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proposed roadway and pedestrian systems; existing and proposed
trees and landscaping; and the proposed location for the
greenway, including any passive recreational uses. The
narrative shall identify the intensity of the proposed land uses;
how the proposed conversion is compatible with the existing
surrounding land uses and any methods to provide benefits or
mitigate impacts to the stakeholders. Visual exhibits to describe
the conceptual development plan and amenities, including the
greenway, shall also be provided.
3. Stakeholder Outreach Meetings (SOMs) for conversion applications. The SOMs
are intended to engage the stakeholders early in the conversion project and
inform the applicant as to what the stakeholders find important in the
neighborhood, what the stakeholders consider compatible with the neighborhood,
and what types of land uses they would support to be added to the
neighborhood. An assigned County planner shall attend the SOM and observe
the process. The following is required of the applicant:
a. The Administrative Code shall establish the procedure and application
submittal requirements.
b. The applicant shall conduct a minimum of two in-person SOMs and a
minimum of one web-based visual survey on the proposed conceptual
development plan(s). The web-based survey web address shall be
incorporated in the mailings notifying the stakeholders of the in-person
SOMs.
c. At the SOMs, the applicant shall provide information to the stakeholders
about the purpose of the meeting, including a presentation on the goals
and objectives of the conversion project, the conceptual development
plan, the greenway concept, and the measures taken to ensure
compatibility with the existing surrounding neighborhood. A copy of the
full Developer’s Alternative Statement shall also be made available at
each SOM. The applicant shall facilitate discussion on these topics with
the stakeholders using one or more public outreach method(s) identified
in the Administrative Code.
d. SOM report for conversion applications. After completing the SOMs the
applicant shall prepare a SOM report. The report shall include a list of
attendees, a description of the public outreach methods used, photos
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from the meetings demonstrating the outreach process, results from
outreach methods, and copies of the materials used during the SOMs.
The applicant shall also include a point-counterpoint list, identifying input
from the stakeholders and how and why it was or was not incorporated in
the conversion application. The report shall be organized such that the
issues and ideas provided by the stakeholders are clearly labeled by the
applicant in the list and the conversion application.
4. Conversion application procedures. An applicant shall not submit a conversion
application (e.g. rezone, PUDA, SRAA, Compatibility Design Review) until the
Intent to Convert application is deemed completed by County staff and the SOMs
are completed. Thereafter, the applicant may proceed by submitting a
conversion application with the County as follows:
a. Zoning actions. For projects subject to 5.05.15 B.1., the applicant shall
file a PUDA or rezone application, including the SOM report. Deviations to
LDC section 5.05.15 shall be prohibited; further, deviations to other
sections of the LDC shall be shared with the stakeholders at a SOM or
NIM.
b. Stewardship Receiving Area Amendments. For projects subject to
5.05.15 B.2., the applicant shall file a Stewardship Receiving Area
Amendment application, including the SOM report. Deviations to LDC
section 5.05.15 shall be prohibited; further, deviations to other sections of
the LDC shall be shared with the stakeholders at a SOM or NIM.
c. Compatibility Design Review. For projects subject to 5.05.15 B.3., the
applicant shall file a Compatibility Design Review application, including
the SOM report.
D. Criteria and staff report for conversion applications. In addition to the requirements
established in LDC sections 10.02.08, 10.02.13 B., or 4.08.07, as applicable, the staff
report shall evaluate the following:
1. Whether the applicant has met the requirements established in this section and
development standards in the LDC. In particular, that the proposed design and
use(s) of the greenway, as applicable, meet the purpose as described 5.05.15
G.2.
2. Whether the SOM report and point-counterpoint list described above reflect the
discussions that took place at the SOMs.
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3. Whether the applicant incorporated reasonable input provided by the
stakeholders to address impacts of the golf course conversion on stakeholders’
real property.
4. Whether the applicant provided an explanation as to why input from the
stakeholders was not incorporated into the conceptual development plan.
E. Supplemental review and approval considerations for zoning actions and Stewardship
Receiving Area Amendments. The report and recommendations of the Planning
Commission and Environmental Advisory Council, if applicable, to the Board shall show
the Planning Commission has studied and considered the staff report for conversion
applications, reasonable input from the stakeholders, the criteria established in LDC
section 5.05.15 D, as well as the criteria established in LDC sections 10.02.08 F,
10.02.13 B, or 4.08.07, as applicable. In particular, the Planning Commission shall give
attention to the design of the greenway and how it mitigates impacts to real property.
Further attention shall be given to who can use the greenway. The Board shall consider
the criteria in LDC section 5.05.15 D, as well as the criteria established in LDC sections
10.02.08 F, 10.02.13 B, or 4.08.07, as applicable, and Planning Commission report and
recommendation.
F. Compatibility Design Review. For projects subject to 5.05.15 B.3., this section is
intended to address the impact of golf course conversion on real property by requiring
the conceptual development plan to be reviewed for compatibility with the existing
surrounding uses. The following is required:
1. Application. The Administrative Code shall establish the submittal requirements
for the compatibility design review application.
2. Public Notice. The applicant shall be responsible for meeting the requirements
of LDC section 10.03.06.
3. Compatibility Design Review. The Planning Commission shall review the staff
report as described in 5.05.15 D, the Compatibility Design Review application,
and make a recommendation to the Board based on the following criteria:
a. Whether the applicant has met the applicable requirements established
in this section and reasonably addressed the concepts identified in LDC
section 5.05.15 D.2. – D.4.
b. Whether the conceptual design is compatible with the existing
surrounding land uses.
c. Whether a view of open space is provided that mitigates impacts to real
property for the property owners that surround the golf course.
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d. Whether open space is retained and available for passive recreation.
4. The Board shall consider the criteria in LDC section 5.05.15 F.3., above, the staff
report and the Planning Commission report and approve, approve with
conditions, or deny the application. Upon approval of the application, the
applicant shall obtain approval of any additional required development order,
such as a SDP, construction plans, or conditional use.
G. Development standards. The following are additional minimum design standards for
zoning actions and Stewardship Receiving Area Amendments. The Compatibility
Design Review process shall only be subject to LDC section 5.05.15 G.6.
1. Previously approved open space. Golf course acreages utilized to meet the
minimum open space requirements for a previously approved project shall be
retained as open space and shall not be included in open space calculations for
any subsequent conversion projects.
2. Greenway. The purpose of the greenway is to retain an open space view for
stakeholders, support passive recreational uses, and support existing wildlife
habitat. For the purposes of this section the greenway shall be identified as a
continuous strip of land set aside for passive recreational uses, such as: open
space, nature trails, parks, playgrounds, golf courses, beach frontage, disc golf
courses, exercise equipment, and multi-use paths. The Board may approve other
passive recreational uses that were vetted at the Stakeholder Outreach
Meetings. The greenway shall not include required yards (setbacks) of any
individual lots.
a. The greenway shall be contiguous to the existing residential properties
surrounding the golf course and generally located along the perimeter of
the proposed development. The Board may approve an alternative
design that was vetted at the Stakeholder Outreach Meetings, as
provided for in LDC section 5.05.15 C.3.
b. A minimum of 35 percent of the gross area of the conversion project shall
be dedicated to the greenway. The greenway shall have a minimum
average width of 100 feet and no less than 75 feet at any one location.
c. Maintenance of the greenway shall be identified through the zoning or
and Stewardship Receiving Area Amendment process.
d. The greenway may be counted towards the open space requirement for
the conversion project as established in LDC section 4.02.00 except as
noted in G.1. above.
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e. Existing trees and understory (shrubs and groundcover) shall be
preserved and maintained within the greenway, except where minimal
improvements are needed that provide a passive recreational use. At a
minimum, canopy trees shall be provided at a ratio of 1:2,000 square feet
within the greenway. Existing trees may count toward the ratio; however,
trees within preserves shall be excluded from the ratio.
f. A wall or fence is not required between the greenway and the proposed
development; however, should a wall or fence be constructed, the fence
shall provide habitat connectivity to facilitate movement of wildlife in and
around the greenway.
g. A portion of the greenway may provide stormwater management;
however, the greenway shall not create more than 30 percent additional
lake area than exists pre-conversion in the greenway. Any newly
developed lake shall be a minimum of 100 feet wide.
h. The applicant shall record a restrictive covenant in the County’s official
records describing the use and maintenance of the greenway as
described in the zoning action or SRA Amendment.
3. Preserve requirements. The following preserve standards supplement those
established in LDC section 3.05.07.
a. Where small isolated areas (of less than ½ acre in size) of native
vegetation (including planted areas) exist on site they may be
consolidated into a created preserve that may be greater than ½ acre in
size in the aggregate to meet the preserve requirement.
b. Existing County approved preserve areas shall be considered as follows:
i. Golf courses within a conventional zoning district. All County
approved preserve areas shall be retained and may be utilized to
meet the preserve requirements for the conversion project.
ii. Golf courses within a PUD. All County approved preserve areas
shall be retained. Preserve areas in excess of the PUD required
preserve acreage may be used to meet the preserve requirement
for the conversion project.
4. Stormwater management requirements. The applicant shall demonstrate that
the stormwater management for the surrounding uses will be maintained at an
equivalent or improved level of service. This shall be demonstrated by a pre
versus post development stormwater runoff analysis.
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5. Floodplain compensation. In accordance with LDC section 3.07.02 floodplain
compensation shall be provided.
6. Soil and/or groundwater sampling. In addition to the soil and/or ground water
sampling requirements established in LDC section 3.08.00 A.4.d., the applicant
shall conduct soil and/or groundwater sampling for the pollutants as follows:
managed turf, chemical storage/mixing areas, and maintenance areas (i.e.
equipment storage and washing areas, fueling and fuel storage areas) shall be
tested for organophosphate, carbamate, triazine pesticides, and chlorinated
herbicides. In addition, maintenance areas, as described above, shall be tested
for petroleum products. The County shall notify the Department of Environmental
Protection where contamination exceeding applicable Department of
Environmental Protection standards is identified on site or where an
Environmental Audit or Environmental Assessment has been submitted.
7. All other development standards. The conversion of golf courses shall be
consistent with the development standards in the LDC, as amended. Where
conflicts arise between the provisions in this section and other provisions in the
LDC, the more restrictive provision shall apply.
H. Design standards for lands converted from a golf course or for a permitted use within the
GC zoning district shall be subject to the following design standards.
1. Lighting. All lighting shall be designed to reduce excessive glare, light trespass
and sky glow. At a minimum, lighting shall be directed away from neighboring
properties and all light fixtures shall be full cutoff with flat lenses. Lighting for the
conversion project shall be vetted with stakeholders during the SOMs and the
public hearings, as applicable.
2. Setbacks. All non-golf course uses, except for the greenway, shall provide a
minimum average 50-foot setback from lands zoned residential or with
residential uses, however the setback shall be no less than 35 feet at any one
location.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 6.05.01 WATER MANAGEMENT
REQUIREMENTS
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Section 6.05.01 Water Management Requirements, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
Section 6.05.01 Water Management Requirements
* * * * * * * * * * * *
E. Any canal which forms a part of the public water management system shall be dedicated
for care and maintenance per the requirements of the governmental agency which has
jurisdiction. Canals located entirely within the subdivision and which do not form a part
of the public water management system shall be dedicated to the public, without the
responsibility for maintenance, as a drainage easement. A maintenance easement, of a
size acceptable to the County Manager or designee or other governmental agency with
maintenance responsibility, shall be provided adjacent to the established drainage
easement, or the drainage easement created must be of a size suitable for the
proposed canal and its maintenance.
F. Stormwater Retention/Detention Design for Single-Family Dwelling Units, Two-Family
Dwelling Units and Duplexes.
1. Applicability. Any application for a building permit to allow the development or
redevelopment of a single-family or two-family dwelling or duplex submitted
after July 1, 2008, except for the following conditions:
a. Any application within the boundaries of development projects that have:
(1) been permitted by the South Florida Water Management District for
Surface Water Management or Environmental Resource Protection and
(2) have a central surface water management collection, storage,
treatment and discharge system;
b. A one-time addition is allowed for certain sized homes, as set forth below;
or
c. An application accompanied by a stormwater management plan, signed
and sealed by a registered Florida Professional Engineer.
Table 6.05.01 F.
Lot Size Lot Coverage Impervious Area Coverage
Under 11,000 sq. ft. 25% 40%
11,000 sq. ft. to 52,999 sq. ft.
and 100 ft. or greater in width
2,750 sq. ft. +5% of area in
excess of 11,000 sq. ft.
4,400 sq. ft. +5% of area in
excess of 11,000 sq. ft.
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11,000 sq. ft. to 52,999 sq. ft.
and less than 100 ft. in width
2,750 sq. ft. +2% of area in
excess of 11,000 sq. ft.
4,400 sq. ft. +2% of area in
excess of 11,000 sq. ft.
53,000 sq. ft. and over 4,850 sq. ft. +3% of area in
excess of 53,000 sq. ft.
6,500 sq. ft. +2% of area in
excess of 53,000 sq. ft.
2. The maximum allowable ratio of lot coverage and impervious area coverage to
the total lot area shall be as provided for in Table 6.05.01 F. unless accompanied
by an engineer's analysis as specified below.
a. The site drainage analysis shall include water quality calculations to
SFWMD standards and water quantity calculations done to accommodate
the runoff, from area in excess of the above ratio, from a 5 -year 1-day
storm and shall include a percolation test done by a qualified engineer or
technician. If the site will use a drainfield/septic tank for sewage
treatment/disposal, the wet season water table calculations for drainage
must match that used for the drainfield design.
b. The application site plan shall list all required separation distances
between wells, drainfield systems, and stormwater retention/detention
areas. The calculations may be done on the site plan or may be in a
separate Engineer's report, but must be signed and sealed by the
Engineer.
c. The water surface area of swimming pools and ponds is not considered
as impervious area for the purposes of the calculations in Table 6.05.01
F.
3. A one-time addition to an existing residence will be allowed after July 1, 2008.
The addition will be limited to 3 percent of the lot area up to a maximum of 1,000
square feet as long as that one-time addition does not exceed the area in Table
6.05.01 F. by more than 3 percent of the lot area or more than 1,000 square feet.
G F. The design of the stormwater management system shall fully incorporate the
requirements of the Interim Watershed Management regulations of LDC section 3.07.00.
(**ALL REMAINING SUBSECTIONS TO BE RE-LETTERED ACCORDINGLY**)
* * * * * * * * * * * * *
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SUBSECTION 3.___. ADDING SECTION 6.05.03 STORMWATER PLANS FOR
SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING
UNITS, AND DUPLEXES
Section 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units,
and Duplexes, of Ordinance 04-41, as amended, the Collier County Land Development Code, is
hereby added as follows:
Section 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units,
and Duplexes
A. Purpose. The purpose of this section is to manage stormwater runoff on lots with
single-family dwelling units, two-family dwelling units, or duplexes in order to
prevent detrimental impacts on site or to adjacent properties. This section is also
designed to provide criteria for demonstrating compliance with Collier County Code of
Laws and Ordinances section 90-41(f)(8). For the purposes of this section, the term
impervious area shall include roofed buildings, concrete and asphalt pads, cool deck
(e.g. spraycrete), pavers with limerock base, swimming pools, and lined pond area.
Additionally, the term pervious area shall include grass, crushed stone (e.g. #57),
mulch, pavers without limerock base, and unlined pond area.
B. Applicability. A Type I or Type II Stormwater Plan shall be required for lots with single-
family dwellings, two-family dwellings, or duplexes with the following exceptions:
1. Lots located in the Rural Agricultural (A) zoning district outside the Immokalee
Urban Area Overlay district and outside the coastal urban designated area as
established in the Future Land Use Map.
2. Lots that have received a Surface Water Management or Environmental
Resource Protection permit from the South Florida Water Management District.
C. Stormwater plan submittal. A stormwater plan shall be submitted as part of an
application for a building permit for any of the following:
1. Type I Stormwater Plans.
a. New structures, additions, pools, or decks on lots with 40 percent or
less impervious area, or as described in the following zoning districts:
i. RSF-1 zoned lots with 30 percent or less impervious area.
ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area
Overlay district or within the coastal urban designated area as
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established in the Future Land Use Map with 30 percent or less
impervious area.
iii. Estates zoned lots with 25 percent or less impervious area.
b. New structures, additions, pools, or decks on lots that discharge directly
to a waterbody downstream of the last control structure, whether or not
the lot exceeds the impervious area thresholds in LDC section 6.05.03
C.1.a above.
2. Type II Stormwater Plans.
a. New structures, additions, pools, or decks on lots with more than 40
percent impervious area, or as described in the following zoning
districts:
i. RSF-1 zoned lots with more than 30 percent impervious area.
ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area
Overlay district or within the coastal urban designated area as
established in the Future Land Use Map with more than 30
percent impervious area.
iii. Estates zoned lots with more than 25 percent impervious area.
b. New structures, additions, pools, or decks on lots that discharge directly
to a waterbody upstream of the last control structure, whether or not the
lot exceeds the impervious area thresholds in LDC section 6.05.03
C.2.a above.
D. Stormwater plan criteria.
1. Type I Stormwater Plan. Type I Stormwater Plans shall be prepared by a Florida
registered design professional, licensed contractor or owner builder. The Type I
Stormwater Plan shall demonstrate the following:
a. Stormwater runoff. Discharges from the impacted area shall be directed
into one or more of the following:
i. An existing surface water management system.
ii. A drainage conveyance system, such as swales or underground
storm sewer systems.
iii. On-site retention or detention areas. The bottom of retention or
detention areas shall be above the wet season water table.
iv. A waterbody downstream of the last control structure. Stormwater
discharges to a waterbody shall not result in erosion of soil.
Discharges may be allowed through an orifice with a minimum
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size of 3 inches and the soil adjacent to the discharge area shall
be stabilized. For lots discharging directly to waterbodies
upstream of the last control structure, see LDC section 6.05.03
D.2.
b. Design standards.
i. Retaining walls shall be set back six inches from the property line,
if applicable.
ii. Stone in French drains shall be calculated with a 40 percent void
ratio, if applicable.
iii. Stormwater pipes, if used, shall not be metal.
iv. Gutters and downspouts shall comply with LDC section 6.05.01 C,
if applicable.
c. The location, dimension, and setbacks of septic systems, if applicable.
2. Type II Stormwater Plan. Type II Stormwater Plans shall be prepared by a
professional engineer licensed in the state of Florida. The Type II Stormwater
Plan shall demonstrate the following:
a. Stormwater runoff. Discharges from the impacted area shall be directed
into one or more of the following:
i. An existing surface water management system.
ii. A drainage conveyance system, such as swales or underground
storm sewer systems.
iii. On-site retention or detention areas. The bottom of retention or
detention areas shall be above the wet season water table.
iv. A waterbody. Stormwater discharges directly to a waterbody shall
not result in erosion of soil. Discharges may be allowed through
an orifice with a minimum size of 3 inches and the soil adjacent to
the discharge area shall be stabilized.
b. Design standards.
i. Retaining walls shall be set back six inches from the property line,
if applicable.
ii. Stone in French drains shall be calculated with a 40 percent void
ratio, if applicable.
iii. Stormwater pipes, if used, shall not be metal.
iv. Gutters and downspouts shall comply with LDC section 6.05.01 C,
if applicable.
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c. The location, dimension, and setbacks of septic systems, if applicable.
d. An engineer’s analysis that demonstrates the following:
i. Water quantity calculations by a qualified engineer or technician
that demonstrate the ability to accommodate the runoff from the
area exceeding the applicable threshold in LDC section 6.05.03 C
from a 5-year 1-day storm.
ii. A matrix of all required separation distances between wells,
drainfield systems, and stormwater retention/detention areas. The
calculations may be done on the site plan or may be in a separate
engineer's report, but the site plan must be signed and sealed by
a professional engineer licensed in the state of Florida.
e. A certification of compliance shall be submitted to the County by the
engineer prior to an inspection.
E. Application submittal requirements. The Administrative Code shall establish the
submittal requirements for stormwater plans.
F. Inspection and maintenance.
1. Inspection. The subject property shall be inspected by the County prior to
issuance of a certificate of occupancy or certificate of completion, as applicable,
for consistency with the approved stormwater plan.
2. Maintenance. The property owner shall maintain site grading and drainage (e.g.
swales, French drains, grates, etc.) in accordance with the approved stormwater
plan. Future changes to impervious area or site grading shall not modify the site
in a manner that will prevent continued drainage of the site as shown on the
approved stormwater plan, whether or not a permit is required for an
improvement.
G. Violations. Where a violation of Collier County Code of Laws and Ordinances section 90-
41(f)(8) has been found by the Code Enforcement Board or Special Magistrate, a
stormwater plan shall be submitted that demonstrates the additional flow of surface
water has been eliminated. The subject property shall be inspected by the County to
determine if the violation has been resolved.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND
REQUIRED HEARINGS FOR LAND USE PETITIONS
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Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions
* * * * * * * * * * * * *
V. Nonconforming Use Change pursuant to 9.03.02 D and Nonconforming Use Alteration,
pursuant to LDC section 9.03.03 B.5.
1. The following advertised public hearings are required:
a. One Hearing Examiner or BZA hearing.
2. The following notice procedures are required:
a. Mailed Notice prior to the advertised public hearing.
b. Newspaper Advertisement prior to the advertised public hearing.
c. Posting of a sign prior to the advertised public hearing.
W. Intent to Convert, pursuant to LDC section 5.05.15 C.1.
1. The following notice procedures are required:
a. Mailed notice sent by the applicant after the Intent to Convert application
has been reviewed and deemed satisfactory by staff to proceed to the
mailed notice and Stakeholder Outreach Meetings, and at least 20 days
prior to the first Stakeholder Outreach Meeting. For the purposes of this
application, all mailed notices shall be sent to property owners within
1,000 feet of the property lines of the subject property.
b. Posting of a sign after Intent to Convert application has been reviewed
and deemed satisfactory by staff to proceed to the mailed notice and
Stakeholder Outreach Meetings, and at least 20 days prior to the first
Stakeholder Outreach Meeting.
X. Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3.
1. The following notice procedures are required:
a. Newspaper advertisement at least 15 days prior to the Stakeholder
Outreach Meeting.
b. Mailed notice sent by the applicant at least 15 days prior to the required
Stakeholder Outreach Meetings. For the purposes of this application, all
mailed notices shall be sent to property owners within 1,000 feet of the
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property lines of the subject property. This mailed notice may include both
required Stakeholder Outreach Meeting dates. All mailed notices shall
include the web address to participate in the required web-based visual
survey.
Y. Compatibility Design Review, pursuant to LDC section 5.05.15 F.
1. The following advertised public hearings are required.
a. One Planning Commission hearing.
b. One BCC hearing.
2. The following notice procedures are required:
a. Newspaper advertisement at least 15 days prior to the advertised public
hearing.
b. Mailed notice sent by the applicant at least 15 days prior to the required
public hearings. For the purposes of this application, all mailed notices
shall be sent to property owners within 1,000 feet of the property lines of
the subject property.
* * * * * * * * * * * * *
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
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SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 28th day of March, 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By:__________________________ By:_____________________________
, Deputy Clerk PENNY TAYLOR, Chairman
Approved as to form and legality:
__________________________
Scott A. Stone
Assistant County Attorney
04-CMD-01077/____ (3/15/17)
Naples Daily News Friday, March 17, 2017 15A,
NOTICE OF INTENT TO CONSIDER ORDINANCE
NOTICE OF LAND DEVELOPMENT CODE CHANGE
Notice is hereby given that on Tuesday, March 28, 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 Board of County Commissioners 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, MORE SPECIFICALLY, TO ADD USES TO THE LIST OF PERMITTED AND
CONDITIONAL USES IN THE GOLF COURSE (GC) ZONING DISTRICT; 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.
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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,
Building F, Fourth Floor, Suite #401, Collier County Government Center, East Naples, one week prior
to the scheduled hearing.
If a person decides to appeal any decision made by the Collier County Board of County
Commissioners with respect to any matter considered at such meeting or hearing, he will need a
record of the proceedings, 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
a 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 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon
Deputy Clerk (SEAL)
March 17, 2017 ND -1513186