DSAC Agenda 12/04/2019DSA C
M-E-FTING
December 4, 2019
3:00 PM
2500 N. Horseshoe Drive
Growth Management Department
If you have any questions or wish to
meet with staff, please cor}m�} �mm-�s-
Puig at 252`237[
DEVELOPMENT SERVICES ADVISORY COMMITTEE
AGENDA
December 4, 2019
3:00 p.m.
Conference Room 610
NOTICE:
Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman
adjusts the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to
address and hand it to the Staff member seated at the table before the meeting begins. Please wait to be
recognized by the Chairman and speak into a microphone. State your name and affiliation before
commenting. During the discussion, Committee Members may direct questions to the speaker.
Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave
the room to conduct any personal business. All parties participating in the public meeting are to
observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time
and into the microphone so the Hearing Reporter can record all statements being made.
I. Call to Order — Chairman
II. Approval of Agenda
III. Approval of Minutes from November 6, 2048
IV. Public Speakers
V. Staff Announcements/Updates
A. Code Enforcement Division update — [Mike Ossorio]
B. Public Utilities Department update — [Eric Fey or designee]
C. Growth Management Department Transportation Engineering Division & Planning Division updates — [Jay
Ahmad or designee]
D. Collier County Fire Review update — [Shar Beddow or Shawn Hanson]
E. North Collier Fire Review update — [Capt. Sean Lintz or Daniel Zunzunegui]
F. Operations & Regulatory Mgmt. Division update — [Ken Kovensky]
G. Development Review Division update — [Matt McLean]
VI. New Business
A. Minor Structures in Easements [Matt McLean]
B. LDC Amendments [Jeremy Frantz]
VII. Old Business
VIII. Committee Member Comments
IX. Adjourn
Next Meeting Dates:
January 1, 2020 "Cancel" County offices closed happyYeuw Year-
February 5, 2020 GMD conference Room 610 — 3:00 pm
March 4, 2020 GMD conference Room 610 — 3:00 pm
April 1, 2020 GMD conference Room 610 — 3:00 pm
May 6, 2020 GMD conference Room 610 — 3:00 pm
Page 1 of 1
November 6, 2019
MINUTES OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING
Naples, Florida, November 6, 2019
LET IT BE REMEMBERED, the Collier County Development Services Advisory
Committee in and for the County of Collier, having conducted business herein, met on
this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management
Department Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples,
Florida, with the following members present:
Chairman: William J. Varian
Vice Chairman: Blair Foley
David Dunnavant
James E. Boughton
Clay Brooker
Chris Mitchell
Robert Mulhere
Mario Valle
Norman Gentry
Marco Espinar
Laura Spurgeon DeJohn
Jeremy Sterk (Excused)
Jeff Curl
John English
Mark McLean
ALSO PRESENT: Jamie French, Deputy Department Head
Judy Puig, Operations Analyst, Staff Liaison
Trinity Scott, Manager, Transportation Planning
Eric Fey, Sr. Project Manager, Public Utilities
Jeremy Frantz, LDC Manager
Colleen Davidson, Code Enforcement Division
Jay Ahmad, Director, Transportation Engineering
Matt McLean, Director, Development Review
Rich Long, Director, Plans Review and Inspections
Ken Kovensky, Director, Operations and Regulatory Management
Amy Patterson, Capital Project Planning, Impact Fees and Program
Management
November 6, 2019
Any persons in need of the verbatim record of the meeting may request a copy of the audio recording
from the Collier County Growth Management Department.
I. Call to Order - Chairman
Chairman Varian called the meeting to order at 3:00 p.m.
11. Approval of Agenda
Mr. Curl moved to approve the Agenda. Second by Mr. Dunnavant Carried unanimously 13 - 0.
III. Approval of Minutes from October 2, 2019 Meeting
Mr. Dunnavant moved to approve the minutes of tire October 2, 2019 meeting as presented. Second
by Mr. Curl. Carried unanimously 13 - 0.
IV. DSAC Position Vacancy Review & Vote
1. Laura DeJohn Category: Land Planner
Mn Foley moved to recommend the Board of County Commissioners appoint Laura DeJohn to
the Development Services Advisory Committee. Second by Mr. Curl. Carried unanimously 12 —
0. Ms. DeJohn abstained.
2. Blair Foley Category: Civil Engineer
Mn Brooker moved to recommend the Board of County Commissioners appoint Blair Foley to the
Development Services Advisory Committee. Second by Mr. Curl. Carried unanimously 12 — 0.
Mr. Foley abstained.
3. John English Category: Civil Engineer
Mr. Where moved to recommend the Board of County Commissioners appoint John English to
the Development Services Advisory Committee. Second by McLean. Carried unanimously 12 —
0. Mr. English abstained.
4. Norman Gentry Category: General Contractor
Mr. Brooker moved to recommend the Board of County Commissioners appoint Norman Gentry
to the Development Services Advisory Committee. Second by Mr. Curl. Carried unanimously 12
— 0. Mr. Gentry abstained.
5. Mario Valle Category: Residential/Commercial Construction
Mr. Curl moved to recommend the Board of County Commissioners appoint Mario Valle to the
Development Services Advisory Committee. Second by Mr. Boughton. Carried unanimously 12 —
0. Mr. Valle abstained.
6. Marco Espinar Category: Consultant/Biologist
Mr. Foley moved to recommend the Board of County Commissioners appoint Marco Espinar to
the Development Services Advisory Committee. Second by Mr. Where. Carried unanimously
12 — 0. Mrs Espinar abstained.
Mr. English arrived at 3;10 p. m.
7. Nicholas J. Kouloheras Category: Developer/General Contractor
2
November 6, 2019
Mr. Kouloheras addressed the Committee noting he was late on applying and was not interested in
taking a seat held by an existing member and would wait until the next vacancies occur and re-
submit an application.
IV. Public Speakers
None
V. Staff Announcements/Updates
A. Code Enforcement Division update — [Mike Ossorio]
Ms. Davidson provided the report "Code Enforcement Division Monthly Report September 22, —
October 21, 2019 Highlights"" for information purposes. She noted Staff participated in the Collier
County Sheriff's Office "Safe Nights" program over the past month.
B. Public Utilities Division update — [Tom Chmelik or designee]
Mr. Fey submitted the monthly report on response time for "Letters of Availability, Utility
Deviations and FDEP Permits" for information purposes. He noted the Division continues to
address Staffing concerns and requests remain steady for letters of availability, deviations, etc. The
next industry forum will be held in January. The BCC will be considering a contract for AECOM
for the Division's I.Q. Master Plan (for reclaimed water).
C. Growth Management Department/Transportation Engineering and/or Planning — [Jay Ahmad
or designee]
Mr. Ahmad reported on the following projects.
Goodland Drive — design phase for elevating the roadway up to 13 inches in various locations;
design completion by 111/20 and construction anticipated to begin by 51112020.
Veterans Memorial Blvd. — in design for Phase I for section from Livingston Road to the new high
school site; temporary road to be completed by June 2021 with final completion anticipated in June
of 2023 just before opening of new high school. Phase II of the project will be the remaining portion
to Old 41.
Vanderbilt Beach Road Improvements East of Collier Blvd. — final revised alignment approved by
BCC; construction anticipated by December of 2021. 4 lanes built in 6 lane footprint from Collier
Blvd to Wilson; Wilson to 16'' - 2 lanes.
Vanderbilt Beach Road west of Airport Pullin Road — widening to 6 lanes with construction
anticipated by June of 2021.
D. County Fire Review update — [Shar Beddow and/or Shawn Hanson]
None
E. North Naples Fire Review update — [Capt. Sean Lintz or Daniel Zunzunegui]
Mr. Zunzunegui reported turnaround times are as follows: Building Plan review — 6 days; Site Plan
reviews — 4 days; Inspections — 1 day.
F. Operations & Regulatory Mgmt. Division update [Ken Kovensky]
Mr. Kovensky submitted the "Collier County October 2019 Monthly Statistics" which outlined the
building plan and land development review activities. The following was noted during his report:
• Work continues to implement the credit card processing thru CityView with the process in
the last phase of testing components followed by full system test.
• Staff to check on the availability of phone in inspections through the CityView system.
3
November 6, 2019
Performance times were relaxed during Hurricane Irma permitting and Staff is seeking to
reinstate the criteria at some point time.
The timeframe for submitting electronic permits remains for weekdays from $am to 5pm to
ensure Staff has adequate times to process the applications.
G. Development Review Division update [Matt McLean]
Mr. McLean reported
• Application submittal volumes remain steady with 1600 lots platted year to date; 2500 were
platted in 2017 and 3,000 in 2018.
• The request for Pre -Application conferences are increasing and Staff is investigating using an
electronic format such as Skype to conduct the proceedings.
• The Division is partnering with the Public Utilities Division on the requirements for
preliminary and final acceptance with consideration being given to eliminating the
preliminary portion of the process.
• Staff has determined encroachments into drainage easements for things such as AIC units,
roof overhangs, swimming pool equipment, generators, etc. will no longer be permitted.
• Staff continues to review the potential of streamlining the process for minor zoning use
changes.
The Committee discussed the new policy of not allowing certain encroachments into stormwater
drainage and lake maintenance easements expressing concern on the change. It was noted a
Subcommittee may want to be convened to review the issue and provide feedback or
recommendations to the full Committee.
Mr. Mulhere moved to establish a Subcommittee to review Staff's proposal to prohibit
encroachments in drainage or lake easements. Second by Mr. McLean. Carried unanimously 14
—0.
Mr. English, Mr. McLean, Mr. Foley, Mr. Curl and Mr. Mitchell were appointed to the
Subcommittee.
Staff to investigate the feasibility of the inspector meeting a representative of the landowner on site
for inspections of exotic vegetation removal to ensure there is no confusion on the property lines
where the work was completed.
V1. New Business
None
VII. Old Business
A. Review Transportation Impact Fee Update Study - [Amy Patterson.]
Guest Homes — Ms. Patterson reported effective immediately guest homes will now be treated as
detachments to single family homes for the impact fees, so any increase for the use will now be
imposed incrementally.
Ms. Patterson presented the "2019 Impact Fee Study Comparison Draft" and "Collier County
Road Impact Fee Update - October 14, 2019" for informational purposes.
Mr. Brooker, Subcommittee Chairman reported:
M
November 6, 2019
• The Subcommittee reviewed the proposed rates which are increasing for some uses and
decreasing for others.
• The methodology used to develop the rates is similar to that used in the past and the revenue
from the new increased sales tax is helping to reduce the fees.
• The Subcommittee chose not to provide a recommendation on the proposed rates.
During Committee discussion, the following was noted
The increases in some categories but not others are the result of the demand certain uses place on the
infrastructure when compared to others.
Mr. Mulh ere moved to support the methodology utilized to develop the proposed rates. Second by
Mr. Curl. Carried unanimously 14 — 0.
S. Residential Lighting LDC amendment update - [Jeremy Frantz]
LDC SECTION TO BE AMENDED 4.02.08, Outside Lighting Requirements
The amendment establishes standards for outdoor lighting associated with single-family dwelling
units. The standards are intended to prevent high-intensity outdoor lighting from negatively
impacting neighboring residential properties.
Mr. Frantz presented the proposed amendment noting it was previously heard by the DSAC who
provided a recommendation on the proposal. A new recommendation is sought as it has been
revised to address concerns by stakeholders on certain requirements and is now only applicable to
the Estates district.
The Committee expressed concern on the following:
• The proposal attempts to address a non-existent issue for an overwhelming majority of
residents in the County given one resident brought a problem to the attention of the BCC.
• It is not applicable to all residents in the County and any requirement of this type should be
applied equally.
• There may be other ways to enforce any problem with neighbor's lights including a nuisance
claim.
• It will be difficult to enforce given the exemptions of a 5-30 minute -lit motion sensor device
or other types of activated security lighting.
Mn Mitchell moved to recommend the Board of County Commissioners not adopt the proposed
amendment. Second by Mr. Curl. Carried unanimously 14 — 0.
VIII. Committee Member Comments
None
IX. Adjourn
Next Meeting Dates
December 4, 2019 GMD Conference Room 610 — 3:00 pm
January 1, 2020 GMD Conference Room 610 — 3:00 pm — County Office's Closed
February 5, 2020 GMD Conference Room 610 — 3:00 pm
March 4, 2020 GMD Conference Room 610 — 3:00 pm
November 6, 2019
There being no further business for the good of the County, the meeting was adjourned by the order
of the Chair at 4:25 P.M.
COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE
Chairman, William Varian
These Minutes were approved by the Board/Chairman on , as presented , or as
amended
2
Code Enforcement Division Monthly Report
October 22, 2019 — November 21, 2019 Highlights
• Cases opened: 893
• Cases closed due to voluntary compliance: 523
• Property inspections: 3240
• Lien searches requested: 1241
Trends
Cases Opened Per Month
893
900 822
864
800 642 554 691 730 7 776 748 785
671
700
600
500
400
300
200
100
0
Dec -18 Jan -19 Feb -19 Mar -19 Apr -19 May -19 Jun -19 Jul -19 Aug -19 Sep -19 Oct -19 Nov -19
Code Inspections per Month
3500 3249 3306 3240
3034
3000 2861 2765 2879 2868
2683 2587 2681
2500
2048
2000
1500
1000
500
0 -
Dec -18 Jan -19 Feb -19 Mar -19 Apr -19 May -19 Jun -19 Jul -19 Aug -19 Sep -19 Oct -19 Nov -19
This report reflects monthly data from: October 22, 2019 thru November 21, 2019
6000
5000
4000
3000
2000
1000
0
1400
1200
1000
80o
600
400
200
0
2018
2019
Drigin of Case
)de Div. Initiated Cases
)mplaint Initiated Cases
Bayshore Immokalee
This report reflects monthly data from: October 22, 2019 thru November 21, 2019
CRA
Case Opened
Monthly
0 Monthly Open Cases
•Total Opened Cases to
Date (Report initiated
5eptember 2018)
October 22, 2019 — November 21, 2019 Code Cases by Category
Accessory Use
1%
r
Vehicles
3S%_
Vegetation
Requirements ...
2%
Temporary Land Use
0%
Site Development
8%
Signs_i Right of Way
1% 5%
Animals
1% 1f_Comm�ercial
0%
Land Use
9%
Noise
1%
nce Abatement
24%
Occupational Licensing
1%
Parking Enforcement
Property Maintenance 5%
7%
Case Type
Common issues associated with Case Type
Accessory Use
— Fence permits, fence maintenance, canopies, shades, guesthouse renting etc.
Animals
— Prohibited animals, too many animals, etc.
Commercial
- Shopping carts
Land Use
- Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc.
Noise
- Construction, early morning landscaping, bar or club, outdoor bands, etc.
Nuisance Abatement — Litter, grass overgrowth, waste container pits, exotics, etc.
Occupational Licensing — Home occupation violations, no business tax receipts, kenneling. etc.
Parking Enforcement - Parking within public right-of-way, handicap parking, etc.
Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc.
Protected Species
- Gopher Tortoise, sea turtles fighting, bald eagles, etc.
Right of Way
- Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way,
etc.
Signs
- No sign permits, illegal banners, illegal signs on private property, etc.
Site Development
-Building permits, building alterations, land alterations, etc.
Temporary Land Use - Special events, garage safes, promotional events, sidewalk sales, etc.
Vegetation Requirements —Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill,
preserves, etc.
Vehicles
- License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle
etc.
parking
This report reflects monthly data from: October 22, 2019 thru November 21, 20].9
September 22, 2019 — October 21, 2019 Code Cases by Category
Site Develop
10%
Vegetation Fuel Pumps Animals Snipe signs omitted
__. ArrPetnry Ilea
3% . VN ly .....11 ULLUPauUiiai uRecibing
6% Parking Enforcement 2%
2%
Ice Abatement
31%
Case Type
Common issues associated with Case Type
Accessory Use
— Fence permits, fence maintenance, canopies, shades, guesthouse renting etc.
Animals
— Prohibited animals, too many animals, etc.
Commercial
- Shopping carts
Land Use
— Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc.
Noise
- Construction, early morning landscaping, bar or club, outdoor bands, etc.
Nuisance Abatement — Litter, grass overgrowth, waste container pits, exotics, etc.
Occupational Licensing
— Home occupation violations, no business tax receipts, kenneling. etc.
Parking Enforcement - Parking within public right-of-way, handicap parking, etc.
Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc.
Protected Species
-Gopher Tortoise, sea turtles lighting, bald eagles, etc.
Right of Way
- Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way,
etc.
Signs
- No sign permits, illegal banners, illegal signs on private property, etc.
Site Development
-Building permits, building alterations, land alterations, etc.
Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc.
Vegetation Requirements — Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill,
preserves, etc.
Vehicles
- License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking
etc.
This i ,.port reflects rnontl)ly data from. October 22, 2019 thru November 21, 2019
August 22, 2019 — September 21, 2019 Code Cases by Category
Vegetation
Requirements 4%
Site Devefopme
8%
Signs
2%
Right of Way
5%
Property Maintenance
Parking Enforcement
2%
Animals
1% Accessory Use
Occupational Licensing
1%
Nuisance Abatement
39%
Case Type
Common issues associated with Case Type
Accessory Use
-- Fence permits, fence maintenance, canopies, shades, guesthouse renting etc.
Animals
— Prohibited animals, too many animals, etc.
Commercial
- Shopping carts
Land Use
— Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc.
Noise
- Construction, early morning landscaping, bar or club, outdoor bands, etc.
Nuisance Abatement — Litter, grass overgrowth, waste container pits, exotics, etc.
Occupational Licensing — Home occupation violations, no business tax receipts, kenneling. etc.
Parking Enforcement - Parking within public right-of-way, handicap parking, etc.
Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc.
Protected Species
- Gopher Tortoise, sea turtles lighting, bald eagles, etc.
Right of way
- Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way,
etc.
Signs
- No sign permits, illegal banners, illegal signs on private property, etc.
Site Development
-Building permits, building alterations, land alterations, etc.
Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc.
Vegetation Requirements — Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill,
preserves, etc.
Vehicles
- License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking
etc.
This report reflects monthly data frorn: October 22, 2019 thru November 21, 2019
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Collier County
SUBJECT: PERMITTING OF MINOR STRUCTURES IN UTILITY, DRAINAGE OR
SIMILAR EASEMENTS
PURPOSE: The purpose of this document is to establish the policy and procedures for
obtaining a permit to construct or install a minor structure in a utility,
drainage, lake maintenance, or similar easement.
DEFINITIONS: "Minor structures" include fences, air conditioning pads, pool equipment,
generators, pavers/sidewalks, roof overhangs, and any other minor
structures as determined by Collier County Growth Management staff.
Buildings or structures designed for human occupancy, including screen
enclosures, pools, or spas shall not be permitted in any easement.
POLICY: The construction or installation of a minor structure in an easement shall be
easily removed if required.
The construction or installation of a minor structure in an easement must not
damage or impair the prescribed function of the easement, nor hinder
routine maintenance access to any existing facilities. A determination of
whether a minor structure is incompatible with the established use of the
easement shall be made by the appropriate regulating agency in accordance
with this policy.
Construction or installation a minor structure in a utility, drainage or similar
easement must comply with this policy, including all required consents and
approvals from the applicable easement holders.
For the purpose of this policy, the construction or installation of
improvements or landscaping in easements shall be divided into the
following categories: encroachment into utility easements,
encroachment into drainage and lake maintenance easements, and
encroachment into ingress/egress easements.
Utility Easements: In addition to the standard submittal
requirements for a permit, applicants requesting to construct or
install a minor structure or landscaping in a utility easement shall
provide the following:
• Written consent of all easement holders and beneficiaries,
specific to the proposed construction or installation.
• Executed Collier County Easement Use Agreement,
submitted with respective permit application to Growth
Management Department for recording at the applicant's
expense.
Drainage, Lake Maintenance, or Similar Easements: In
addition to the standard submittal requirements for a permit,
applicants wanting to construct or install a minor structure in a
drainage or similar easement shall provide the following:
• Written consent from all known easement holders and
beneficiaries, specific to the proposed construction or
installation. If a homeowner's association is an easement
holder, a Letter of No Objection from the HOA on
letterhead, signed by the President or Vice President, will
be required.
• Written consent from Collier County Stormwater Review. A
Letter of No Objection from Collier County Stormwater Review
will be required.
• Executed Collier County Easement Use Agreement,
submitted with respective permit application to Growth
Management Department for recording at the applicant's
expense.
Other Easements: In addition to the standard submittal
requirements for a permit, applicants wanting to construct or install
a minor structure or landscaping in a private right-of-way/access
easement shall provide the following:
• Specific written consent of the easement holder and
approval of the Growth Management Division Director.
PROCEDURE: Collier County Permit Technicians shall review a permit application
that proposes a structure encroachment into an easement by first
determining what type of easement the proposed improvement will
encroach. The Permit Technicians shall instruct the applicant about
the necessary information, forms to be utilized, and the review
and approval process.
A certified copy of the Collier County Easement Use Agreement and
approvals shall be maintained by the Growth Management
Department with the permit records for the permitted structure.
Owner:
Address:
Permit No.:
EASEMENT USE AGREEMENT
This EASEMENT USE AGREEMENT ("Agreement") is made as of this day of
, 2019, by and between ("Owner") and Collier County ("County").
WHEREAS, Owner is the current fee owner of that certain real property known as
according to the plat thereof as recorded in Plat Book , Page ,
of the Public Records of Collier County, Florida (hereinafter "Subject Property"); and
WHEREAS, as set forth in PIat Book , Page , the County is record owner of
certain non-exclusive easement rights, as referenced in paragraph
of the Plat dedications, a portion of which encumbers the Subject Property (hereinafter
"Easement Area"); and
WHEREAS, Owner has or wishes to construct or install a
"Encroachment") in a portion of the County's easement located on Owner's property; and
(the
WHEREAS, the County has no present objection to the use of the Encroachment within
the Easement Area, provided that Owner agrees to the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Owner hereby agrees
as follows:
The above recitals are true and correct and are incorporated herein.
2. Owner shall provide to the County whatever access the County requires to continue
its easement rights and further agrees to waive any claim of damage to the Encroachment arising
out of the County's maintenance activities within the Easement Area, whether such damage is
intentional or unintentional.
3. The County agrees that until otherwise notified, Owner may continue the use of
Encroachment within the Easement Area, however, the County retains the right, in its sole
discretion, to demand by written request that the Encroachment be removed from the Easement
Area, which Owner shall do at their sole cost and expense within a reasonable time from receipt
of such request.
4. The Encroachment shall be as depicted on the building permit application number
, filed with Collier County Growth Management Department, and
no other construction shall be in effect in said Easement.
Page I of 2
5. Owner agrees for him/herself and successors and assigns that they shall release,
indemnify and hold the County harmless for and against any and all obligations, claims, Iiabilities,
expenses and/or fees (including reasonable attorney's fees and court costs) including personal
injury or property damage arising out of the use of the Easement Area by the Owner, his/her
respective contractors, agents, employees or invitees at any time while the Encroachment remains
within the Easement Area, Further, Owner, for him/herself, successors and assigns agrees to
release and hold the County harmless from and against any and all obligations, claims, liabilities,
expenses and/or fees (including reasonable attorney's fees and court costs) including personal
injury or property damage arising out of the use of the Easement Area by the County, including
but not limited to, damage which may occur to the Encroachment during the normal operation,
maintenance, repair and/or replacement, as applicable, of the Easement Area and/or the
Encroachment and/or the infrastructure, which may now or in the future be located within the
Easement Area.
b. This Agreement shall be recorded at the Owner's expense in the Official Records
of Collier County, Florida, and shall be a covenant running with the land and shall be binding upon
the heirs, personal representatives, grantees, assigns and successors.
IN WITNESS WHEREOF, the parties hereto have executed this Easement Use Agreement
as of the date first above written.
WITNESSES:
(Signature)
Print Name:
(Signature)
Print Name:
STATE OF FLORIDA
COUNTY OF COLLIER
Printed Name:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
IM
as designee of the County Manager, pursuant
to Resolution No.
The foregoing Agreement was acknowledged before me, the undersigned authority, on this
day of , 2019, by who ( ) is personally known to me or has ( )
produced as identification.
Notary Public/State of Florida
(SEAL)
Name:
My Commission expires:
Page 2 of 2
Co ler County
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190002545
ORIGIN
Board of County
Commissioners
HEARING DATES
SUMMARY OF AMENDMENT
This amendment eliminates seating limitations and expands the hours of
operations for restaurants within the Golf Course and Recreational Use
District (GC), when located within the Golden Gate City Economic
Development Zone.
BCC 01/14/2020 LDC SECTION TO BE AMENDED
12/10/2019 2.03.09 Open Space Zoning Districts
CCPC 12/03/2019
DSAC 12/04/2019
DSAC-LDR NIA
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
NIA TBD TBD
BACKGROUND
During a discussion regarding a proposed public private partnership (P3) to provide golf and other complimentary
experiential opportunities on the Golden Gate Golf Coiuse property on October 22, 2019, the Board of County
Commissioners (Board) directed staff to draft an ordinance to eliminate the seating limitations on restaurants in
the Golf Course Zoning District within the Golden Gate City area. Then, during commissioner communications
on November 12, 2019, the Board also acknowledged the need to extend the hours of operation.
Some of the goals included in the Invitation to Negotiate for the proposed P3 include the development of
"complimentary experiential opportunities such as miniature golf, modern driving range, quality food and
beverage services, and community space" (See Agenda Item 11.C).
Golf courses operations have undergone changes in recent years in response to declines in participation in the
sport, especially among younger generations. This has led to innovation in the industry so that the modern golf
experience includes a variety of family-oriented golf experiences, such as community spaces open to more of the
public, driving ranges, and food service at restaurants that are larger than have historically been associated with
golf courses (See examples of regional or national modern golf experiences in Exhibit A). Additionally, several
restaurants associated with golf courses throughout Collier County have opened to the public, rather than limiting
their service to club members.
The proposed amendment removes the 150 -seat limitation and extends the hours of operations from 10:00 p.m. to
12:00 a.m. for restaurants that are accessory to a permitted use in the Golf Course and Recreational Use District
"GC" within the Golden Gate City Economic Development Zone (See Exhibit B). The seating limitation and hours
of operation were originally added to the LDC in Ordinance 92-73.
This amendment does not make any changes to the site design or development standards applicable to the GC
district. Additionally, LDC section 5.05.15 B states that, "where a pennitted, accessory, or conditional use is
sought for a golf course zoned Golf Course and Recreational Uses (GC)," the standards in LDC section 5.05.15
H would also apply. See Exhibit C for development standards applicable in the GC Zoning District.
L•\LDC Am endments\Current Wark\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 11-22-19.docx
co ,e -r CO-Unty
Growth Management Department
The Golden Gate City Economic Development Zone was established in Ordinance 2018-56 when the Board
designated the Golden Gate City area as a target for economic development. Expanding the allowance for larger
restaurants that are accessory to a golf course will support both the operation of the golf course as well as the
larger economic development and redevelopment goals for the Golden Gate City Area.
Public It formation Meeting
On October 31, 2019, while discussing the CCPC's review schedule for this amendment, the CCPC requested that
staff reach out to the community surrounding the Golden Gate Golf Course to alert the community to the change.
As a result, a Public Information Meeting was held on Monday, November 18, 2019 at 5:30 p.m., in the Golden
Gate Community Center. See Exhibit D for a summary of the meeting.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
This amendment will support the Board's
goal of continued operation of the Golden
Gate Golf Course through the ITN process
and redevelopment in the area.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) Modern Golf Experience Examples, B) Ordinance 2018-56, C) Development Standards
in GC Zoning, D) Public Information Meeting Summary
2
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DRAFT
Amend the LDC as follows:
2.03.09 - Open Space Zoning Districts
Text underlined is new text to be added
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,
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.
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.
Golf courses.
2. Hiking trails, walkways, multi -use paths and observation decks.
3. Passive recreation areas.
4. Disc golf.
b. Accessory uses.
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
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.
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. However, the seating capacity shall„ not apply,
and the hours of operation may be extended to 12:00 a.m., within
the Golden Gate City Economic Development Zone.,
5. A maximum of two residential dwellings units for use by golf course
employees in conjunction with the operation of the golf course.
6. Maintenance buildings.
3
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DRAFT Text underlined is new text to be added
G. 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 including gift
shops; pro shops with equipment sales in excess of 1,000 square
feet; restaurants with seating capacity of greater than 150 seats
outside the Golden Gate City Economic Development Zone;
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.
# # # # # # # # # # # # #
4
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Exhibit A — Modern Golf Experience Examples
Top Golf:
Source: Screen captures from www.swingsuite.topizolf.com and
hllpsa/cdn.tgpgolf.com/assets/galleries/5093415500_ edison-Single-Bay-Q j .Jpg
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Exhibit A — Modern Golf Experience Examples
Pop Stroke
-i5�
PLAY
On one of ourtwo, 1 6 -hole greens test your abdlty to not only
duminate the course but also the competition. Our app
aotomai¢ally Iracks your score so you can see how you slack
up. Challenge yeurcell, play wilh blends and rack up points
so you can keep playing.
SIGN UP
109
EAT & DRINK
We know the key to your hear[ Is through your laslebuds, And,
every VOW 1,011 kebws you have to serve gleat food and
drinks. Our team has created a menu with our spin on
everyone's favolles. You Can eat in our full service restairsO
and bar or we can bring d right to you on the course
SEE MENU
PARTY
You're PopStrokc VIP, so party like one. Your premier luxury
lounge awaits complete with private service and an
engrossing golf experience. Choose from 700 of the world's
mass exclusive courses and play like the pros Come to
celebrate or iusl because.
8001( PARTY
Source: Screen captures from aww.popstroke.com
6
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Exhibit A -- Modern Golf Experience Examples
Big Shots Golf
-'R
About the Tee Boxes
• Each Tee Box comes completely equipped with seating for 5-6 people and is fully enabled
with a state-of-the-art technology system, music, and TVs
• Each Tee Boa System Includes a touch -screen For togging In and playing the gamesand
golf courses
• An automated tall dispenser reacts using a sensor to dispense golf baits and is an integral
part of each Tee Box.
• Golf Clubs of different types and sizes are available in each Tee Box.
• A aoppter radar tracking system. which tracks the trajectory ofgalf balls. is placed in the
middle of each Tee Box
• Each Tee Box IS egvipped with Iwo screens. one devoted to gaming and the other tuned to
a TV channet of the guest's cholco,
• The Tee Box software is easy to use yet robust enough to handle procedures 11kean easy
check-in process, payment processing, extending time as needed. and the most extensive
library of praeifce modes and games in the golf entertainment market
• All of these operations can be easity carried out directly by ptayers in the lee box without
further assistance of staff
Screen captures from: www.bi ashots golfcom
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Exhibit B — Ordinance 2018-56
ORDINANCE NO. 2018- 56
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE GOLDEN GATE CITY
ECONOMIC DEVELOPMENT ZONE; PROVIDING FOR THE CALCULATION
OF AN ANNUAL TAX INCRFMENT AMOUNT WITHIN THIS DEVELOPMENT
ZONE; CREATING AN ECONOMIC DEVELOPMENT TRUST FUND FOR THIS
DEVELOPMENT ZONE FOR THE TRANSFER AND MAINTENANCE OF SUCH
TAX INCREMENT AMOUNTS; AUTHORIZING THE PLEDGE AND
APPROPRIATION OF ECONOMIC DEVELOPMENT TRUST FUNDS; SETTING
FORTH THE ECONOMIC DEVELOPMENT PLAN FOR THIS DEVELOPMENT
ZONE; CREATING AND SETTING FORTH THE DUTIES OF THE GOLDEN
GATE CITY ECONOMIC DEVELOPMENT ADVISORY BOARD; PROVIDING
DEFINITIONS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in addition to its broad home rule powers, Collier County is expressly authorized
under Section 125.045, Florida Statutes, to "expend public funds for economic development activities,
including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or
refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real
property, and making grants to private enterprises for the expansion of businesses existing in the community
or the attraction of new businesses to the community;" and
WHEREAS, Collier County previously adopted Ordinance No. 2010-20 providing for the creation
of Innovation Zones, specifically finding as follows:
"it A the palicv Of the Bound to pronrole eeonvotic ,growth which results in high mage jabs and
helps cliversi& the econormy nfCollie)-County. Tofam-lher this policy, it is the talent of the flow -d to ereare
u dedicaled source of revenue to.finid an economic derelopntent program and to adrance economic
det-elolrnrew initiolives in zones cif geographic concentration ii-Ohin the unincarporared areas of the
County. These =Ones, to be culled lnnoverlwt 7ones, will he deaignuled by the Boarcl rout limte to tittle
through the implernentalion of Economic t]erelvpnrernt Plans adapted by resolrrtion.for eerch Innovation
Zane; -and
WHEREAS, there is a compelling need for redevelopment within the commercial areas of Golden
Gate City, whose specific needs require an approach that is substantially similar to, but not identical with,
Innovation Zones as contemplated in Ordinance No, 2010-20; and
WHEREAS, recognizing the need to spur economic development in Golden Gate City, Collier
County has already taken over the water and sewer service for Golden Gate City in part to provide
commercial property owners a solution to development constraints caused by limited service; and
WHEREAS, Collier County wishes to continue to provide enhanced opportunities for economic
development and redevelopment within the existing commercial areas within Golden Gate City.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER OUNTY, FLORIDA, that:
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Exhibit B --Ordinance 2018-56
SCCtiQn One: Definitions and Findings
This Ordinance is intended to be a companion ordinance to Ordinance No. 2010-20, known as the
Collier County Innovation Zone Ordinance. Accordingly, the Board of County Commissioners hereby
adopts in full the definitions and findings set forth in Ordinance 2010-20, except for the Base Year
Assessment Roll, which is defined below, and as modified hereby incorporates such definitions and findings
as if specifically set forth below.
Section Two. Creation of the Golden Gate City Economic Development Zone.
The Board of County Commissioners hereby creates the Golden Gate City Economic Development
Zone, which shall constitute the entirety of Golden Gate City, as graphically described in Exhibit A.
Section Three. Initial Tax Increment Year and Percentage.
For purposes of establishing the Base Year Assessment Roll, the base year shall he the last Collier
County Real Property Assessment Roll certified by the Property Appraiser for the County Fiscal Year
beginning October I, 2015. Tax increments shall commence to be deposited into the Trust Fund with the
County Fiscal Year commencing on October I, 2019, and funding shall continue through September 30,
2029, unless extended by majority vote of the Board by Resolution. The amount of the tax increment to be
deposited into the Trust Fund shall be equal to 100% of the amount based on the formula set forth in Section
4(8) of Collier County Ordinance No. 2010-20.
Section Four: Creation of an Economic Trust Fund.
The County hereby creates the Golden Gate City Economic Development Zone Trust Fund. The
tax increment shall be deposited into the trust fund and the trust fund proceeds shat l be utilized to implement
the Economic Development Plan set forth in Section Five. The Trust Fund corpus will not exceed One
Million Dollars ($1,000,000) in any single fiscal year and is subject to annual appropriation by the County.
Up to 5% of the Trust Corpus shall be reserved as an annual administrative fee For the County. Upon
termination ofthe Trust Fund any unspent and unencumbered proceeds shall revert to the County's General
Fund,
Section Five: Adoption of the Economic Development Plan.
The primary purpose of the Golden Gate City Economic Development Zone is to attract and retain
qualified targeted industry business as defined by Florida Statute 288.106 and such businesses or industries
identified by the Board of County Commissioners. Trust funds may be utilized in any lawful manner,
including infrastructure required to serve new target businesses or the expansion of an existing target
business; payment of County Impact Fees to be paid by the new target business or the expansion of an
existing target business; and payment of building permit fees or other County fees related to the construction
of structures to serve the target business. In addition to this primary purpose, trust funds maybe utilized in
any lawful manner which the Board of County Commissioners determines fosters economic development_
Payment of funds are purely discretionary, and most be approved in advance by the Board of County
Commissioners, A I I expenses must be fully documented in a manner acceptable to the County. Priority of
funding will be for the redevelopment and renewal o Fthe commercial district along Golden Gate Parkway,
as graphically represented by Exhibit A.
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Exhibit B — Ordinance 2018-56
Section Six: Creation of Golden Gate City Economic Development Zone Advisory Board.
The Golden Gate City Economic Development Zone Advisory Hoard (hereinafter referred to as
the Advisory Board) is hereby established.
(a) Appointment and Composition. The Advisory Board shall be composed of seven (7) members
u ho arc appointed by resolution of the Board of County Commissioners, and shall be representative of
the residential, business and commercial interests of the Golden Gate City Economic Development Zone.
Non-residential members of the Advisory Board need not live within Golden Gate Cite, and upon
recommendation of the Commissioner of the District, may reside outside of Collier County. Members
of the Advisory Board shall be appointed by and serve at the pleasure of the Board of County
Commissioners.
(b) `terms of Office. The initial terms of office of the Advisory Board members shall he one year
far three members, and two years ilnr four members, and each appointment or re-appoinimew thercaller
shall he for two vents. Appointments to till any vacancies on the Advisory Board shall be for the
remainder of (lie unexpired term of office.
(c) Removal from Office. Removal of members from the Advisory Board shall be in accordance
with the provisions of Collier County Ordinance No. 3001.55, as it may be amended or by its successor
ordinance.
(d) Officer. Quorum-, Rules of Procedure. Annually the members of the Advisory Board shall
elect a chairperson and vice chairperson from among the members. The chairperson's and vice
chairperson's terms shall be for one year with eligibility for re-election by the members of the Advisory
Board. fate presence of fitly -one percent (51%) of the current voting membership, but never less that
three total, shall constitute a quoruttt of the Advisory Board necessary to take action and transact business.
In addition, an atfirntalive vote of a simple majority shall be necessary in order to take official action.
Furthermore, by simple majority vote, but never tivith less than 5 members present. the Advisory Board
sltall adopt rules of procedure for its meetings, and thereafter shall be governed by its Procedures, as
adopted and amended from time to lime, subject to the approval of the Board of County Commissioners.
The Advisory Board shall keep a written record of meetings, resolutions, findings and determinations.
Copies of all Advisor) Board minutes, resolutions, reports and exhibits shall be submitled to the Board
of County Commissioners. The Advisory Board meetirtts shall be open to the public and conducted in
the Sunshine.
(e) [reimbursement of Expenses. Members of the Advisory Board shall serve without
compensation, but shall be entitled to receive reimbursement for eXpenses reasonably incurred in the
performance of their duties Upon prior approval of the Board of County Commissioners.
(f) Functions, Powers and Duties ol'the Advisory Board. The function, po%%ers and duties ofthe
Advisory Board shall he to aid and assist the Board of County Commissioners in carrying out the purpose
of the Golden Gate City Economic Development Zone, including but not limited to advising and assisting
the Board of County Commissioners in the establishment, review and enhancement of policies and
programs to attract businesses or industries to lite Golden Gate City Economic Development 'Zone,
reviewing and making recommendations on applications for funding through the Trust Fund, as well as
handling any matters that may be assigned by the Board of County Commissioners.
(g) Duties of the County Manager's Office. The County Manager's Office will provide such
documentation. information. descriptions ofprocedures. secretarial support and general assistance to the
Advisory Board as may be necessary for the Advisory Board to carry out its functions as set forth herein.
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Exhibit B — Ordinance 2018-56
Section Seven: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable
law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of
the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
Section Eight: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and may be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered or re -lettered to
accomplish such. and the word "Ordinance" may be changed to "Section," "Article." or any other
appropriate word.
Section Nine, Effective mate.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this, day of y, ,mss-�>r— , 2018.
ATTEST: BOARD 0 OU Y COM HERS
CRYSTAL K. KINZEL, Clerk COLLIE CO T
By; By:
el?gLf t,lerk Andy Solis, Chairman
QttOSk iiS tb dl1Ti1
cinnature on4y.
Approves ponlegality:
Jeffrey A. Igat2k4vJ, County Attorney
This ordlnpnCL' filed with the
5prr ' ry at 5*itvgstyG� fire the Q
and ocknowledaem pl,*h:l
PiliT—MEKI
�`i Ity
atj�
o.petff=
11
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Exhibit B — Ordinance 2018-56
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Exhibit C— Development Standards in GC Zoning
4.02.01— Dimensional Standards for Principal Uses in Base Zoning Districts
A. The following tables describe the dimensional standards pertaining to base zoning districts. Site
design requirements apply to the principal building on each site.
Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts.
Zoning District
Minimum Lot Area
Minimum Lot Width
Maximum Building Coverage
(square feet}
(linear feet)
(/°)
GC
None
None
None
Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts.
Table 2.1- TABLE OF MINIMUM YARD REQUIREMENTS
(SETBACKS) FOR BASE ZONING DISTRICTS
Note as to setback line measurement: minimum setback lines are typically measured from the legal
boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that comprise
a road right-of-way where the minimum setback line is to be measured from the road right-of-way easement
line.
Maximum
Minimum
Zoning
Building
Distance
Minimum Floor Area of
Floor Area
Zoning District
Height
Between
Buildings
Ratio
GC
feet
Buildings
(square feet)
{%}
GC
35
None
None
None
Table 2.1- TABLE OF MINIMUM YARD REQUIREMENTS
(SETBACKS) FOR BASE ZONING DISTRICTS
Note as to setback line measurement: minimum setback lines are typically measured from the legal
boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that comprise
a road right-of-way where the minimum setback line is to be measured from the road right-of-way easement
line.
# # # # # # # # # # # # #
4.02.03 - Specific Standards for Location of Accessory Buildings and Structures
A. For the purposes of this section, in order to determine yard requirements, the term " accessory
structurc " shall include detached and attached accessory use structures or buildings
notwithstanding the attachment of such structure or building containing the accessory use to the
principal use structure or building. Accessory buildings and structures must be constructed
simultaneously with or following the construction of the principal structure and shall conform with
the following setbacks and building separations.
B. Accessory buildings shall not occupy an area greater than five (5) percent of the total lot area in all
residential zoning districts, or occupy an area greater than forty (40) percent of any building
envelope (i.e., area of lot remaining for building purposes after accounting for required setbacks),
whichever is the lesser, provided the total maximum coverage provision of this ordinance for all
principal and accessory buildings is not exceeded. Nothing herein contained shall serve to prevent
the construction of an accessory building containing an area of less than 500 square feet provided
all yard and building spacing requirements can be met.
C. All accessory structures in Rural Agricultural (A) and Estates (E) zoning districts must meet
principal structure setbacks. For accessory structures related to the keeping of animals and livestock
in these districts, see LDC section 4.02.07.
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Minimum
Zoning
Front Yard
Minimum Side Yard (feet)
Minimum Rear Yard (feet)
Public School
district
(feet)
Requirements
GC
None
None
None
# # # # # # # # # # # # #
4.02.03 - Specific Standards for Location of Accessory Buildings and Structures
A. For the purposes of this section, in order to determine yard requirements, the term " accessory
structurc " shall include detached and attached accessory use structures or buildings
notwithstanding the attachment of such structure or building containing the accessory use to the
principal use structure or building. Accessory buildings and structures must be constructed
simultaneously with or following the construction of the principal structure and shall conform with
the following setbacks and building separations.
B. Accessory buildings shall not occupy an area greater than five (5) percent of the total lot area in all
residential zoning districts, or occupy an area greater than forty (40) percent of any building
envelope (i.e., area of lot remaining for building purposes after accounting for required setbacks),
whichever is the lesser, provided the total maximum coverage provision of this ordinance for all
principal and accessory buildings is not exceeded. Nothing herein contained shall serve to prevent
the construction of an accessory building containing an area of less than 500 square feet provided
all yard and building spacing requirements can be met.
C. All accessory structures in Rural Agricultural (A) and Estates (E) zoning districts must meet
principal structure setbacks. For accessory structures related to the keeping of animals and livestock
in these districts, see LDC section 4.02.07.
13
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Exhibit C — Development Standards in GC Zoning
D. Table of dimensional standards for accessory buildings and structures in zoning districts other than
Rural Agricultural (A) and Estates (E):
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Setbacks
Structure to
Location
Accessory Building/Structure
Front
Rear
Side
Structure (If
Detached)
Attached porch
SPS
feet
SPS
NIA
Carports (commercial, industrial, and
SPS
SPS
SPS
10 feet
multi -family) I
Carports (one- and two-family)
SPS
feet
SPS
10 feet
Chickee, barbecue areas
SPS
SPS
10 feet
feet
1/1 'with a
One-story and multi -story parking
SPS
SPS
SPS
minimum of
structures
10 feet
Parking garage (orae- and two-family)
SPS
SPS
10 feet
feet
Not permitted
Permanent emergency generators '
in front of
feet
SPS
NIA
building
Not permitted
Non -Waterfront
Satellite dish antennas
in front of
15
SPS
10 feet
Lots and Non-
building
feet
Golf Course Lots
Swimming pool and/or screen
10
enclosure (one- and two-family)
SPS
feet
SPS
None
Swimming pool (multi -family and
SPS
20
15 feet
None
commercial)
feet
Tennis courts (one- and two-family)
SPS
SPS
10 feet
feet
Tennis courts (multi -family, and
SPS
20
15 feet
20 feet
commercial)
feet
Trellises, arbors, and similar structures
that do not exceed the maximum fence
None
None
None
None
height in LDC section 5.03.02
Trellises, arbors, and similar structures
that exceed the maximum fence height
SPS
10
SPS
None
in LDC section 5.03.02
feet
Unlisted accessory
SPS
SPS
SPS
10 feet
Utility buildings
SPS
SPS
10 feet
feet
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Exhibit C — Development Standards in GC Zoning
Is
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Setbacks
Location Accessory Building/Structure
Structure to
Front
Rear
Side
Stricture (If
Detached)
Attached porch where floor or deck of
porch are:
• In Isles of Capri: Seven feet in
height or less above the top of seawall
with a maximum of four feet of stem
SPS
feat
SPS
SPS
wall exposure
• In all other areas: Four feet in height
or less above top of seawall or top of
bank
Attached porch where floor or deck of
porch are:
• In Isles of Capri: More than seven
feet in height above the top of seawall
or with more than four feet of stem
SPS
feet
SPS
SPS
wall exposure
• In all other areas: More than four
feet in height above top of seawall or
top of bank
Boat slips and ramps (private)
NIA
N/A
7.5 feet
NIA
See LDC
aterfront Lots Boathouses and boat shelters (private)
SPS
NIA
sections
10 feet
and Golf Course
5.03.06 E
Lots 3
and F
Carports (commercial, industrial, and
SPS
SPS
SPS
10 feet
multi -family) i
Carports (one- and two-family)
SPS
SPS
SPS
10 feet
Chickee, barbecue areas
SPS
fent
SPS
10 feet
See LDC
Davits, hoists, and lifts
N/A
N/A
sections
None
5.03 A6 E
and F
See LDC
Docks, decks, and mooring pilings
N/A
N/A
sections
NIA
5.03.06 E
and F
Golf clubhouse and maintenance
50 feet
50
50 feet
NIA
buildings a
feet
1/1 'with a
One-story and multi -story parking
SPS
SPS
SPS
minimum of
structures
10 feet
Parking earaae (one- and two-family)
SPS
SPS I
SPS
I 10 feet
Is
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Exhibit C — Development Standards in GC Zoning
Notes:
SPS = Calculated same as principal structure for the zoning district.
'See LDC section 4.02.01 D for exemptions and exclusions from required yards.
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Setbacks
Structure to
Location
Accessory Building/Structure
Front
Rear
Side
Structure (If
Detached)
Not permitted
Permanent emergency generators r
in front of
feet
SPS
N/!1
building
Not permitted
15
Satellite dish antennas
in front of
feet
SPS
10 feet
building
Swimming pool and/or screen
enclosure (one- and two-family)
where swimming pool decks are:
• In Isles of Capri: Seven feet in
height or less above the top of seawall
10
with a maximum of four feet of stem
SPS
feet
SPS
None
wall exposure
• In all other areas: Four feet in height
or less above top of seawall or top of
bank
Swimming pool and/or screen
enclosure (one- and two-family)
where swimming pool decks are:
• In Isles of Capri: More than seven
feet in height above the top of seawall
20
or with more than four feet of stem
SPS
feet
SPS
None
wall exposure
• In all other areas: More than four
feet in height above top of seawall or
top of bank
Swimming pool (multi -family and
SPS
20
15 feet
None
commercial)
feet
Tennis courts (private) (one- and two-
SPS
15
SPS
10 feet
family)
feet
Tennis courts (multi -family and
SPS
35
SPS
20 feet
commercial)
feet
Trellises, arbors, and similar structures
that do not exceed the maximum fence
None
None
None
None
height in LDC section 5.03.02
Trellises, arbors, and similar structures
that exceed the maximum fence height
SPS
SPS
None
in LDC section 5.03.02
feet
Unlisted access2a
SPS
SPS
SPS
10 feet
Utility buildings
SPS
SFS 1
10 feet
10 feet
Notes:
SPS = Calculated same as principal structure for the zoning district.
'See LDC section 4.02.01 D for exemptions and exclusions from required yards.
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Exhibit C — Development Standards in GC Zoning
'1 foot of accessory height – 1 foot of building separation.
'In those cases where the coastal construction control line is involved, the coastal construction control line
will apply.
4 The setback shall apply to external boundaries of the golf course district, and shall be inclusive of
separately platted buffer tracts.
# # 4 # # # # # # # # # #
4.02.08 – Outside Lighting Requirements
A. Lights on golf courses shall be located and designed so that no light is aimed directly toward
property designated residential, which is located within 200 feet of the source of the light.
B. Specific height requirements in zoning districts.
1. GC—Twenty-five (25) feet
2. C-1—Twenty-five (25) feet
3. CF Twenty-five (25) feet
# # # # # # # # # # # # #
5.05.15 – Conversion of Golf Courses
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
average50-foot setback from lands zoned residential or with residential uses, however the
setback shall be no less than 35 feet at any one location.
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Exhibit D — Public Information Meeting Summary
Public Information Meeting
Date & Time: Monday, November 18, 2019 - 5:30 p.m.
Location: Golden Gate Community Center.
The County provided notice of the public meeting through the placement of Variable Message Signs on
Golden Gate Boulevard and mailed notice to property owners within 1,000 feet of the GC zoning district
within the Golden Gate City Economic Development Zone. A copy of the letter is attached.
County staff counted more than 125 members of the public in attendance, however, not all signed the
attendance sheet. Sign -in sheets are attached.
At the meeting, County Staff provided a summary of the proposed LDC amendment, distributed comment
cards, responded to questions and comments, and provided a schedule of the upcoming public meeting
dates. A copy of the PowerPoint presentation is attached.
The following comments, concerns, or suggestions were made by those in attendance:
• The desire to see the golf course maintained and continue to operate the community's benefit.
• Requests to have a more complete understanding of the County's ultimate plans for the golf course.
• Concerns about the addition of new commercial uses on the Golf Course property.
• Concerns about the compatibility of new experiential or modem golf experiences with the
established neighborhood.
• Concerns about increases in traffic, noise, and lights, and the impact on infrastructure and
surrounding property values.
• Concerns about existing commercial businesses in the area.
• The suggestion to include a maximum number of seats for restaurants.
• The suggestion that the amendment is premature and should be addressed at the time when there is
a complete plan for the property.
• Questions regarding impacts to water and sewer systems.
• Questions about whether other uses would not be open until midnight.
• Objections to potential noise and lighting from new uses.
Comment cards were passed out during the meeting to allow for additional written comments and the ability
to indicate support, opposition, or no opinion about the proposed amendment to eliminate seating
limitations and expand hours of operation for restaurants that are accessory to a golf course. Copies of the
comment cards that were returned are provided by separate attachment. Of 100 comment cards that were
passed out, 65 were returned. The written comments were as follows:
57 indicated opposition to the amendment (when additional comments were provided, the following
comments were registered):
o Vendors would have the ability to request changes later (through the conditional use
process), making this change unnecessary.
o The golf course should remain as green space.
o Increased congestion and noise.
o Impacts to privacy and safety.
o Impacts from lights or noise from music outside the building.
o The desire to see the golf course continue to operate.
o Impacts to water quality.
o The need for more information about future plans for the golf course.
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Exhibit D — Public Information Meeting Summary
o Incompatibility with the surrounding development and way of life,
o Misunderstandings about the reason for the meeting.
o The proposed change would be incompatible with surrounding senior living.
o Concerns about density and the compatibility of adding a bar or restaurant to the area,
o Concerns about impacts to property values.
o Concerns about impacts to infrastructure such as water, roads, schools, and traffic,
o The desire for a maximum number of seats.
o Expectations for the golf course when homeowners purchased their homes.
o The absence of a need for this type of development.
o The need for more information to make a decision.
o The suggestion to refurbish the course, and manage it as a golf course.
Five comment cards indicated support for the amendment:
o All of which indicate that support was predicated on continuing to use the property for a
golf course.
Three comment cards indicated no opinion:
o Two indicated there was insufficient information about what is planned for the property.
o One indicated the desire to see golf first.
The meeting concluded with a review of the upcoming public hearing dates.
Attachments:
Letter to Property Owners
Sign -in Sheets
Staff presentation
Comment Cards
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