CCPC Backup 06/03/2021COLLIER COUNTY
PLANNING COMMISSION
BACKUP
June 3, 2021
(REGULAR MEETING)
Collier County Planning Commission Page 1 Printed 5/26/2021
COLLIER COUNTY
Collier County Planning Commission
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
The 9:00 AM June 3, 2021 Planning Commission Meeting
shall commence at 2: 30 PM.
The May 26, 2021 Planning Commission Meeting
Nighttime Privately Initiated LDC Amendments
that was continued to
June 3, 2021 shall commence at 5:05 PM
Edwin Fryer- Chairman
Karen Homiak - Vice-Chair
Karl Fry- Secretary
Christopher Vernon
Paul Shea, Environmental
Joseph Schmitt, Environmental
Robert Klucik, Jr.
Thomas Eastman, Collier County School Board
Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak
on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on
an item if so recognized by the chairman. Persons wishing to have written or graphic materials
included in the CCPC agenda packets must submit said material a minimum of 10 days prior to
the respective public hearing. In any case, written materials intended to be considered by the
CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the
public hearing. All material used in presentations before the CCPC will become a permanent part
of the record and will be available for presentation to the Board of County Commissioners if
applicable.
Any person who decides to appeal a decision of the CCPC will need a record of the proceedings
pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
June 2021
Collier County Planning Commission Page 2 Printed 5/26/2021
1. Pledge of Allegiance
2. Roll Call by Secretary
3. Addenda to the Agenda
4. Planning Commission Absences
5. Approval of Minutes
A. May 6, 2021 CCPC Meeting Minutes
6. BCC Report - Recaps
7. Chairman's Report
8. Consent Agenda
9. Public Hearings
A. Advertised
1. *** This item will not be heard before 2:30 pm*** [PL20190002818,
PL20200002505, & PL20200002512] An Ordinance Of The Board Of County
Commissioners Of Collier County, Florida, amending Ordinance Number 04-41, as
amended, the Collier County Land Development Code, which includes the
comprehensive land regulations for the unincorporated area of Collier County,
Florida, to clarify the Density Calculation For Single-Family, Two-Family or Duplex
Dwelling Units on Legal Non-Conforming Lots Of Record in the RMF-6 Zoning
District, to increase Public Notification Distances For Land Use Petitions Within
The Rural And Urban Golden Gate Estates, and to clarify Soil And Groundwater
Sampling Requirements In The Development Review Process For The Conversion
Of Golf Courses, by providing for: Section One, Recitals; Section Two, Findings Of
Fact; Section Three, adoption of amendments to the Land Development Code, more
specifically amending the following: Chapter One – General Provisions, including
Section 1.08.02 Definitions; Chapter Three – Resource Protection, including Section
3.08.00 Environmental Data Requirements; Chapter Five – Supplemental
Standards, including Section 5.05.15 Conversion Of Golf Courses; Chapter Nine –
Variations From Code Requirements, including Section 9.03.03 Types Of
Nonconformities; Chapter Ten – Application, Review, And Decision-Making
Procedures, including Section 10.03.05 Required Methods Of Providing Public
Notice; Section Four, Conflict And Severability; Section Five, inclusion in the
Collier County Land Development Code; and Section Six, Effective Date. [
Coordinator: Richard Henderlong, MPA, Principal Planner]
June 2021
Collier County Planning Commission Page 3 Printed 5/26/2021
2. ******This Item will not be heard before 5:05 pm **** This item has been
continued from the May 26, 2021 CCPC Meeting**** PL20200002306 - An
Ordinance of the Board of County Commissioners of Collier County, Florida,
amending Ordinance Number 04-41, as amended, the Collier County Land
Development Code, which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida, to allow Waterfront Sporting and
Recreational Camps that are Water Related or Dependent Uses for Fishing, Boating
and Recreation, which may include up to Two Docks, One Boat Slip, Four
Recreational Vehicles or Park Model Trailers for Temporary Overnight Stay and
One Sports Recreational Camp Cabin with an accessory Caretaker’s Residence, as a
Conditional Use in the Village Residential (VR) Zoning District, 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 2.03.02
Residential Zoning Districts and more the Village Residential District (VR); Section
Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land
Development Code; and Section Six, effective date. [Coordinator: Richard
Henderlong, MPA, Principal Planner]
3. ******This Item will not be heard before 5:05 pm ***** This item has been
continued from the May 26, 2021 CCPC Meeting*** PL20200001481 - An
Ordinance of the Board of County Commissioners of Collier County, Florida,
amending Ordinance Number 04-41, as amended, the Collier County Land
Development Code, which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida, to allow Oyster and Shellfish
Processing, Distribution and On-Site Sales of Oysters and Shellfish and Ancillary
Convenience Retail, on waterfront property which may include Ecotours and the
Storage of Two Vessels, and to establish Design Standards for Waterfront
Dependent Uses that are approved by Conditional Use in the Goodland Zoning
Overlay (GZO) District, 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 2.03.07 Overlay Zoning Districts; Chapter Four – Site
Design and Development Standards, including Section 4.02.22 Design Standards for
GZO District; Section Four, Conflict and Severability; Section Five, inclusion in the
Collier County Land Development Code; and Section Six, effective date.
[Coordinator: Richard Henderlong, MPA, Principal Planner]
B. Noticed
10. Old Business
11. New Business
12. Public Comment
13. Adjourn
PL20190002818
PL20200002505 $ PL202 6/03/21_
0�2512
April 27, 2021
Collier County Planning Commission Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on May 14, 2021,and furnish proof of publication to
the attention of Richard Henderlong, Planner, Principal in the Growth Management Department, Zoning
Division,Zoning Services Section,2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement
must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no
smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper
where classified advertisements appear.
Please reference the following on ALL Invoices:
DIVISION: ZONING
[Zoning Services Section]
FUND&COST CENTER: 131-138326-649100-00000
PURCHASE ORDER NUMBER: 4500205973
Account Number: 323534
Authoriz Designee signature for CCPC Advertising
PL20190002818,PL20200002505,& P120200002512_
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Planning Commission
(CCPC) at 9:00 A.M.,June 3, 2021, in the Board of County Commissioners meeting room, third floor,
Collier Government Center, 3299 East Tamiami Trail,Naples,FL,to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO
CLARIFY THE DENSITY CALCULATION FOR SINGLE-FAMILY, TWO-FAMILY OR DUPLEX
DWELLING UNITS ON LEGAL NON-CONFORMING LOTS OF RECORD IN THE RMF-6 ZONING
DISTRICT, TO INCREASE PUBLIC NOTIFICATION DISTANCES FOR LAND USE PETITIONS
WITHIN THE RURAL AND URBAN GOLDEN GATE ESTATES, AND TO CLARIFY SOIL AND
GROUNDWATER SAMPLING REQUIREMENTS IN THE DEVELOPMENT REVIEW PROCESS
FOR THE CONVERSION OF GOLF COURSES, BY PROVIDING FOR: SECTION ONE,RECITALS;
SECTION TWO,FINDINGS OF FACT; SECTION THREE,ADOPTION OF AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
CHAPTER ONE — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS;
CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.08.00
ENVIRONMENTAL DATA REQUIREMENTS; CHAPTER FIVE—SUPPLEMENTAL STANDARDS,
INCLUDING SECTION 5.05.15 CONVERSION OF GOLF COURSES; CHAPTER NINE —
VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.03 TYPES OF
NONCONFORMITIES; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES, INCLUDING SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC
NOTICE;SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE,INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
[PL20190002818,PL20200002505, &PL20200002512]
(insert map)
All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be
made available for inspection at the Collier County Clerk's office,fourth floor,Collier County Government
Center, 3299 East Tamiami Trail, Suite 401,Naples,FL, one week prior to the scheduled hearing. Written
comments must be filed with the Zoning Division,Zoning Services Section,prior to June 3,2021.
As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public
will have the opportunity to provide public comments remotely, as well as in person, during this
proceeding. Individuals who would like to participate remotely, should register any time after the agenda
is posted on the County website which is 6 days before the meeting through the link provided on the front
page of the County website at www.colliercountvfl.gov. Individuals who register will receive an email in
advance of the public hearing detailing how they can participate remotely in this meeting. For additional
information about the meeting, please call Thomas Clarke at (239) 252-2526 or email to
CCPCRemoteParticipation(aiCollierCountyFL.gov.
Any person who decides to appeal any decision of the Collier County Planning Commission will need a
record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,
you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County
Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356,
(239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired
are available in the Board of County Commissioners Office.
Collier County Planning Commission
Edwin Fryer,Chairman
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Teresa L. Cannon
From: BradleyNancy <Nancy.Bradley@colliercountyfl.gov>
Sent: Tuesday, May 4, 2021 2:45 PM
To: YoungbloodAndrew; Minutes and Records
Cc: GMDZoningDivisionAds; RodriguezWanda; HenderlongRichard; KingstonSean
Subject: RE: 6/3 CCPC Ad Request PL20190002818, PL20200002505, & PL20200002512
Attachments: Ad Request.docx; Collier County(2x3) (1).pdf; Signed Ad Request.pdf
EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Ad Request is good.
Respectfully,
Nancy Bradley
Legal Assistant/Paralegal
Collier County Attorney's Office
2800 North Horseshoe Drive, Suite 301
Naples, FL 34104
Telephone: (239) 252-8549 (direct line)
From:YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>
Sent:Tuesday, May 4, 2021 1:28 PM
To: Minutes and Records<MinutesandRecords@collierclerk.com>
Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; RodriguezWanda
<Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>;
HenderlongRichard <Richard.Henderlong@colliercountyfl.gov>; KingstonSean
<Sean.Kingston@colliercountyfl.gov>
Subject: 6/3 CCPC Ad Request PL20190002818, PL20200002505, & PL20200002512
Importance: High
Good afternoon, M&R Team!
Please process this ad request to run on May 14 for 6/3 CCPC.
Andrew Youngblood
Operations Analyst
Zoning Division
Co Yer County
2800 N. Horseshoe Dr.
Naples, FL 34104
Direct Line - 239.252.1042
andrew.youngblood@colliercountyfl.gov
i
NDN Acct #323534
May 4, 2021
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: PL20190002818, PL20200002505 & PL20200002512 (Display Ad w/Map)
Dear Legals:
Please advertise the above referenced notice w/Map (NOT to be placed in the
Classified Section of the paper) on Friday, May 14, 2021, and send the Affidavit
of Publication, together with charges involved, to this office.
Thank you.
Sincerely,
Teresa Cannon,
Deputy Clerk
P.O. #4500205973
Collier County Planning Commission Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on May 14, 2021 and furnish proof of publication to
the attention of Minutes & Records Department, 3299 Tamiami Trail E., #401, Naples, Florida 34112.
The advertisement must be a 1/4(3x10) page advertisement, and the headline in the advertisement must
be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the
newspaper where classified advertisements appear.
Please reference the following on ALL Invoices:
DIVISION: ZONING
[Zoning Services Section]
FUND & COST CENTER: 131-138326-649100-00000
PURCHASE ORDER NUMBER: 4500205973
Account Number: 323534
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Planning Commission
(CCPC) at 9:00 A.M.,June 3,2021, in the Board of County Commissioners Meeting Room, Third Floor,
Collier Government Center, 3299 East Tamiami Trail,Naples,FL,to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO
CLARIFY THE DENSITY CALCULATION FOR SINGLE-FAMILY, TWO-FAMILY OR DUPLEX
DWELLING UNITS ON LEGAL NON-CONFORMING LOTS OF RECORD IN THE RMF-6 ZONING
DISTRICT, TO INCREASE PUBLIC NOTIFICATION DISTANCES FOR LAND USE PETITIONS
WITHIN THE RURAL AND URBAN GOLDEN GATE ESTATES, AND TO CLARIFY SOIL AND
GROUNDWATER SAMPLING REQUIREMENTS IN THE DEVELOPMENT REVIEW PROCESS
FOR THE CONVERSION OF GOLF COURSES, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO,FINDINGS OF FACT; SECTION THREE,ADOPTION OF AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
CHAPTER ONE — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS;
CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.08.00
ENVIRONMENTAL DATA REQUIREMENTS; CHAPTER FIVE—SUPPLEMENTAL STANDARDS,
INCLUDING SECTION 5.05.15 CONVERSION OF GOLF COURSES; CHAPTER NINE —
VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.03 TYPES OF
NONCONFORMITIES; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES, INCLUDING SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC
NOTICE;SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE,INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
[PL20190002818,PL20200002505,&PL20200002512]
(insert map)
All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be
made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County
Government Center, 3299 East Tamiami Trail, Suite 401, Naples, FL, one week prior to the scheduled
hearing. Written comments must be filed with the Zoning Division,Zoning Services Section,prior to June
3,2021.
As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public
will have the opportunity to provide public comments remotely, as well as in person, during this
proceeding. Individuals who would like to participate remotely, should register any time after the agenda
is posted on the County website which is 6 days before the meeting through the link provided on the front
page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in
advance of the public hearing detailing how they can participate remotely in this meeting. For additional
information about the meeting, please call Thomas Clarke at (239) 252-2526 or email to
CCPCRemoteParticipation@CollierCountyFL.gov.
Any person who decides to appeal any decision of the Collier County Planning Commission will need a
record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,
you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County
Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356,
(239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired
are available in the Board of County Commissioners Office.
Collier County Planning Commission
Edwin Fryer, Chairman
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Teresa L. Cannon
From: Teresa L. Cannon
Sent: Tuesday, May 4, 2021 2:50 PM
To: Naples Daily News Legals
Subject: PL20190002818, PL20200002505 & PL20200002512 (Display Ad)
Attachments: PL20190002181, PL20200002505 & PL20200002512 (CCPC 6-3-21).docx;
PL20190002181, PL20200002505 & PL20200002512 (CCPC 6-3-21).docx;
PL20190002818, PL20200002505 & PL20200002512 (CCPC 6-3-21).pdf
Legals,
Please advertise the attached Display Ad w/Map on Friday, May 14, 2021. Thanks
(Not to be placed in the Classified Section)
Teresa Cannon
BMR Senior Clerk II
it;l t[H kj Office: 239-252-8411
'`r
Fax: 239-252-8408
Teresa.Cannon@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
ryf ,�r' 3299 Tamiami Trail E, Suite#401
E
Naples, FL 34112-5746
www.CollierClerk.com
Teresa L. Cannon
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent: Tuesday, May 4, 2021 2:51 PM
To: Teresa L. Cannon
Subject: DO NOT REPLY
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
This is an auto generated email, please do not reply.
The legal department has received your email and will be processing your notice as soon as possible.
We will provide a proof as well as publication dates, cost and payment requirements prior to the notice
running.
All Legal/Public Notices will be processed for the desired publication if received by deadline.
Office Hours: Monday— Friday 8:00 am -5:00 pm CST/EST
Thank you for your business.
Gannett Legal/Public Notice Department
1
Teresa L. Cannon
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent: Tuesday, May 4, 2021 2:56 PM
To: Teresa L. Cannon
Subject: RE: PL20190002818, PL20200002505 & PL20200002512 (Display Ad)
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Received and processing
Thanks!
Public Notices
NETWORK LOCALM
844-254-5287
From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com>
Sent:Tuesday, May 4, 2021 1:50 PM
To: NDN-Legals<legals@naplesnews.com>
Subject: PL20190002818, PL20200002505 & PL20200002512 (Display Ad)
Legals,
Please advertise the attached bisplay Ad w/Map on Friday, May 14, 2021. Thanks
(Not to be placed in the Classified Section)
Teresa Cannon
BMR Senior Clerk II
...9.0.41.4.YK.kr Office: 239-252-8411
` < Fax: 239-252-8408
Teresa.Cannon@CollierClerk.com
Int
Office of the Clerk of the Circuit Court
• &Comptroller of Collier County
3299 Tamiami Trail E,Suite#401
Naples, FL 34112-5746
www.CollierClerk.com
Please visit us on the web at http://protect-us.mimecast.com/s/kGL5CV02XPh29k8iECveUSo?domain=collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be
1
Teresa L. Cannon
From: noreply@salesforce.com on behalf of Jennifer Peterson <jpeterson@localiq.com>
Sent: Monday, May 10, 2021 10:08 AM
To: ganlegpubnotices4@gannett.com; Teresa L. Cannon
Subject: ND-GC10645945 I Proof Preview Naples Daily News
Attachments: ND-GC10645945-01.pdf
External Message: Please use caution when opening attachments,clicking links,or replying to this message.
Good morning Teresa,
I work with the Naples Daily News Legal Advertising Department and have your creative ready for your review: Order
# ND-GC10645945
The attached is set to run in the Main section of the Naples Daily News on 5/14/21 for a total cost of$1.040.26. Please
let me know if you'd like any updates to your ad or if this is approved for publication.
Our final creative deadline is Thursday 5/13/21 at 12:30pm EST.
Thank you,
Jennifer Peterson
Account Coordinator/SMB
t
PART OF THE USA TODAY NETWORK
Office:607.798.1372
jpetersonalocaliq.com
LOCALiQ.com
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❑ w.
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1
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Planning Commission
(CCPC)at 9:00 A.M.,June 3,2021,in the Board of County Commissioners Meeting Room,Third Floor,
Collier Government Center,3299 East Tamiami Trail,Naples, FL,to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO CLARIFY THE DENSITY
CALCULATION FOR SINGLE-FAMILY, TWO-FAMILY OR DUPLEX DWELLING UNITS ON LEGAL
NON-CONFORMING LOTS OF RECORD IN THE RMF-6 ZONING DISTRICT,TO INCREASE PUBLIC
NOTIFICATION DISTANCES FOR LAND USE PETITIONS WITHIN THE RURAL AND URBAN GOLDEN
GATE ESTATES,AND TO CLARIFY SOIL AND GROUNDWATER SAMPLING REQUIREMENTS IN THE
DEVELOPMENT REVIEW PROCESS FOR THE CONVERSION OF GOLF COURSES, BY PROVIDING
FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT;SECTION THREE,ADOPTION
OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING:CHAPTER ONE—GENERAL PROVISIONS,INCLUDING SECTION 1.08.02 DEFINITIONS;
CHAPTER THREE—RESOURCE PROTECTION,INCLUDING SECTION 3.08.00 ENVIRONMENTAL DATA
REQUIREMENTS; CHAPTER FIVE— SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.15
CONVERSION OF GOLF COURSES;CHAPTER NINE—VARIATIONS FROM CODE REQUIREMENTS,
INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES; CHAPTER TEN — APPLICATION,
REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.03.05 REQUIRED
METHODS OF PROVIDING PUBLIC NOTICE; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION
SIX, EFFECTIVE DATE.[PL20190002818, PL20200002505,&PL20200002512]
jrbi 116111
Collier County
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All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will
be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County
Government Center, 3299 East Tamiami Trail, Suite 401, Naples, FL, one week prior to the scheduled
hearing. Written comments must be filed with the Zoning Division, Zoning Services Section, prior to
June 3,2021.
As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the
public will have the opportunity to provide public comments remotely, as well as in person, during
this proceeding. Individuals who would like to participate remotely, should register any time after the
agenda is posted on the County website which is 6 days before the meeting through the link provided
on the front page of the County website at www.colliercountyfl.gov.Individuals who register will receive
an email in advance of the public hearing detailing how they can participate remotely in this meeting.
For additional information about the meeting,please call Thomas Clarke at(239)252-2526 or email to
CCPCRemoteParticipation@CollierCountvFL.gov.
Any person who decides to appeal any decision of the Collier County Planning Commission will
need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made,which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the
Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL
34112-5356,(239)252-8380, at least two days prior to the meeting.Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
Collier County Planning Commission
Edwin Fryer,Chairman
ND-G CI0645945-01
Teresa L. Cannon
From: Teresa L. Cannon
Sent: Monday, May 10, 2021 10:10 AM
To: RodriguezWanda; BradleyNancy; GMDZoningDivisionAds; 'YoungbloodAndrew';
HenderlongRichard
Subject: FW: ND-GC10645945 I Proof Preview Naples Daily News
Attachments: ND-GC10645945-01.pdf
Please review
CCPC ad to run Friday 14m.
From: noreply@salesforce.com <noreply@salesforce.com>On Behalf Of Jennifer Peterson
Sent: Monday, May 10, 2021 10:08 AM
To:ganlegpubnotices4@gannett.com; Teresa L. Cannon <Teresa.Cannon@collierclerk.com>
Subject: ND-GC10645945 I Proof Preview Naples Daily News
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Good morning Teresa,
I work with the Naples Daily News Legal Advertising Department and have your creative ready for your review: Order
# ND-GC10645945
The attached is set to run in the Main section of the Naples Daily News on 5/14/21 for a total cost of$1.040.26. Please
let me know if you'd like any updates to your ad or if this is approved for publication.
Our final creative deadline is Thursday 5/13/21 at 12:30pm EST.
Thank you,
Jennifer Peterson
Account Coordinator/SMB
PART OF THE USA TODAY NETWORK
Office: 607.798.1372
jpeterson(a�localiq.com
LOCALiQ.com
1
Teresa L. Cannon
From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>
Sent: Tuesday, May 11, 2021 9:55 AM
To: Teresa L. Cannon; RodriguezWanda; BradleyNancy; GMDZoningDivisionAds;
HenderlongRichard
Cc: KingstonSean
Subject: RE: ND-GC10645945 I Proof Preview Naples Daily News
Attachments: RE: ND-GC10645945 I Proof Preview Naples Daily News; RE: ND-GC10645945 I Proof
Preview Naples Daily News
We have approval from both planners on this. Ok to publish.
Andrew Youngblood
Operations Analyst
Zoning Division
Co 1e-r County
2800 N. Horseshoe Dr.
Naples, FL 34104
Direct Line - 239.252.1042
andrew.youngblood@colliercountyfl.gov
From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com>
Sent: Monday, May 10, 2021 10:10 AM
To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>;
GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>;YoungbloodAndrew
<Andrew.Youngblood@colliercountyfl.gov>; HenderlongRichard <Richard.Henderlong@colliercountyfl.gov>
Subject: FW: ND-GC10645945 I Proof Preview Naples Daily News
EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Please review
CCPC ad to run Friday 14tn
From: noreply@salesforce.com <noreplv@salesforce.com>On Behalf Of Jennifer Peterson
Sent: Monday, May 10, 2021 10:08 AM
To:ganlegpubnotices4@gannett.com; Teresa L. Cannon <Teresa.Cannon@collierclerk.com>
Subject: ND-GCI0645945 I Proof Preview Naples Daily News
1
Teresa L. Cannon
From: Henderlong Richard <Richard.Henderlong@colliercountyfl.gov>
Sent: Monday, May 10, 2021 10:34 AM
To: GMDZoningDivisionAds
Subject: RE: ND-GC10645945 I Proof Preview Naples Daily News
No changes.
From: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>
Sent: Monday, May 10, 2021 10:14 AM
To: HenderlongRichard <Richard.Henderlong@colliercountyfl.gov>; KingstonSean<Sean.Kingston@colliercountyfl.gov>
Subject: FW: ND-GC10645945 I Proof Preview Naples Daily News
Importance: High
Gentlemen,
Here is the final ad proof for your review. Please let me know asap if you need any changes.
Andrew Youngblood
Operations Analyst
Zoning Division
COIL" County
2800 N. Horseshoe Dr.
Naples, FL 34104
Direct Line - 239.252.1042
andrew.youngbloodcolliercountyfl.gov
From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com>
Sent: Monday, May 10, 2021 10:10 AM
To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>;
GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>;YoungbloodAndrew
<Andrew.Youngblood@colliercountyfl.gov>; HenderlongRichard <Richard.Henderlong@colliercountyfl.gov>
Subject: FW: ND-GC10645945 I Proof Preview Naples Daily News
EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Please review
CCPC ad to run Friday 14tn
1
Teresa L. Cannon
From: KingstonSean <Sean.Kingston@colliercountyfl.gov>
Sent: Tuesday, May 11, 2021 9:53 AM
To: GMDZoningDivisionAds; HenderlongRichard
Subject: RE: ND-GC10645945 I Proof Preview Naples Daily News
No objections here regarding the amendment, PL20200002512,which I'm bringing to CCPC on June 3rd or the general
information regarding the hearing-approved.
Sean Kingston,AICP, CFM
Senior Planner
Co ter County
Planning and Zoning Division-Land Development Code
Exceeding Expectations
2800 N.Horseshoe Drive,Naples,Florida 34104
Phone:239.252.2599
www.colliercountvfl.aov/Idcamendments
Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning
From:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>
Sent: Monday, May 10, 2021 10:14 AM
To: HenderlongRichard<Richard.Henderlong@colliercountyfl.gov>; KingstonSean<Sean.Kingston@colliercountyfl.gov>
Subject: FW: ND-GC10645945 I Proof Preview Naples Daily News
Importance: High
Gentlemen,
Here is the final ad proof for your review. Please let me know asap if you need any changes.
Andrew Youngblood
Operations Analyst
Zoning Division
Colter County
2800 N. Horseshoe Dr.
Naples, FL 34104
Direct Line - 239.252.1042
i
Teresa L. Cannon
From: BradleyNancy <Nancy.Bradley@colliercountyfl.gov>
Sent: Tuesday, May 11, 2021 10:42 AM
To: Minutes and Records; GMDZoningDivisionAds
Cc: RodriguezWanda; BradleyNancy
Subject: CAO Approval Ad Proof: ND-GC10645945/Jun 3rd CCPC/Proof Preview Naples Daily
News
Attachments: RE: ND-GC10645945 I Proof Preview Naples Daily News; RE: ND-GC10645945 I Proof
Preview Naples Daily News; ad proof.p120200002505 and
pl20200002512.p120200002818..N D-GC10645945-01.pdf
Approved for CAO.
Respectfully,
Nancy Bradley
Legal Assistant/Paralegal
Collier County Attorney's Office
2800 North Horseshoe Drive, Suite 301
Naples, FL 34104
Telephone: (239) 252-8549 (direct line)
From: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>
Sent:Tuesday, May 11, 2021 9:55 AM
To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com>; RodriguezWanda
<Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>;
GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; HenderlongRichard
<Richard.Henderlong@colliercountyfl.gov>
Cc: KingstonSean<Sean.Kingston@colliercountyfl.gov>
Subject: RE: ND-GC10645945 I Proof Preview Naples Daily News
We have approval from both planners on this. Ok to publish.
Andrew Youngblood
Operations Analyst
Zoning Division
Co Ter County
2800 N. Horseshoe Dr.
Naples, FL 34104
Direct Line - 239.252.1042
andrew.youngblood(c�colliercountyfl.gov
1
Teresa L. Cannon
From: Teresa L. Cannon
Sent: Tuesday, May 11, 2021 11:49 AM
To: 'Jennifer Peterson'
Subject: RE: ND-GC10645945 I Proof Preview Naples Daily News
Legals,
Proof for Ad #GCI0645945 is approved by staff, OK to run. Thanks
From: noreply@salesforce.com <noreply@salesforce.com>On Behalf Of Jennifer Peterson
Sent: Monday, May 10, 2021 10:08 AM
To: ganlegpubnotices4@gannett.com; Teresa L. Cannon <Teresa.Cannon@collierclerk.com>
Subject: ND-GC10645945 1 Proof Preview Naples Daily News
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Good morning Teresa,
I work with the Naples Daily News Legal Advertising Department and have your creative ready for your review: Order
# ND-GC10645945
The attached is set to run in the Main section of the Naples Daily News on 5/14/21 for a total cost of$1.040.26. Please
let me know if you'd like any updates to your ad or if this is approved for publication.
Our final creative deadline is Thursday 5/13/21 at 12:30pm EST.
Thank you,
Jennifer Peterson
Account Coordinator/SMB
PART OF THE USA TODAY NETWORK
Office: 607.798.1372
jpetersonlocaliq.com
LOCALIQ.com
1
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Planning Commission
(CCPC)at 9:00 A.M.,June 3,2021,in the Board of County Commissioners Meeting Room,Third Floor,
Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, Z
FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY a
LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS r
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,TO CLARIFY THE DENSITY . m
ta
CALCULATION FOR SINGLE-FAMILY, TWO-FAMILY OR DUPLEX DWELLING UNITS ON LEGAL Z
NON-CONFORMING LOTS OF RECORD IN THE RMF-6 ZONING DISTRICT,TO INCREASE PUBLIC in
NOTIFICATION DISTANCES FOR LAND USE PETITIONS WITHIN THE RURAL AND URBAN GOLDEN tn
GATE ESTATES,AND TO CLARIFY SOIL AND GROUNDWATER SAMPLING REQUIREMENTS IN THE il
DEVELOPMENT REVIEW PROCESS FOR THE CONVERSION OF GOLF COURSES, BY PROVIDING 0
FOR:SECTION ONE,RECITALS;SECTION TWO, FINDINGS OF FACT;SECTION THREE,ADOPTION . X.
OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING:CHAPTER ONE-GENERAL PROVISIONS,INCLUDING SECTION 1.08.02 DEFINITIONS;
CHAPTER THREE-RESOURCE PROTECTION,INCLUDING SECTION 3.08.00 ENVIRONMENTAL DATA xi
REQUIREMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION'5.05.15 a
CONVERSION OF GOLF COURSES;CHAPTER NINE-VARIATIONS FROM CODE REQUIREMENTS, -<
INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES; CHAPTER TEN - APPLICATION,
REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.03.05 REQUIRED >
METHODS OF PROVIDING PUBLIC NOTICE; SECTION FOUR, CONFLICT AND SEVERABILITY; -<
-<
' SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION
SIX,EFFECTIVE DATE.(PL20190002818,PL20200002505,&PL20200002512] A
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All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will
be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County
Government Center,3299 East Tamiami Trail,Suite 401, Naples, FL,one week prior to the scheduled
hearing. Written comments must bey filed with the Zoning Division,Zoning Services Section, prior to
June 3,2021.
As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the
public will have the opportunity to provide public comments remotely, as well as in person, during
this proceeding. Individuals who would like to participate remotely, should register any time after the
agenda is posted on the County website which is 6 days before the meeting through the link provided
on the front page of the County website at www.colliercountyfl.gov.Individuals who register will receive
an email in advance of the public hearing detailing how they can participate remotely in this meeting.
For additional information about the meeting,please call Thomas Clarke at(239)252-2526 or email to
CC PCRemote Partic ipation@Col lierCountyF L.g ov.
Any person who decides to appeal any decision of the Collier County Planning Commission will
need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim
record of the proceedings is made,which record includes the testimony and evidence upon which the
appeal is based.
•
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding,.you are entitled,at no cost to you,to the provision of certain assistance.Please contact the
Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL
34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
Collier County Planning Commission
Edwin Fryer,Chairman
NO-CC 0645945•0I
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Planning Commission
(CCPC)at 9:00 A.M.,June 3,2021,in the Board of County Commissioners Meeting Room,Third Floor,
Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY D
LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS m
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, TO CLARIFY THE DENSITY m
m
tn
CALCULATION FOR SINGLE-FAMILY TWO-FAMILY OR DUPLEX DWELLING UNITS ON LEGAL
NON-CONFORMING LOTS OF RECORD IN THE RMF-6 ZONING DISTRICT, TO INCREASE PUBLIC m
NOTIFICATION DISTANCES FOR LAND USE PETITIONS WITHIN THE RURAL AND URBAN GOLDEN m
GATE ESTATES,AND TO CLARIFY SOIL AND GROUNDWATER SAMPLING REQUIREMENTS IN THE H
DEVELOPMENT REVIEW PROCESS FOR THE CONVERSION OF GOLF COURSES, BY PROVIDING 0
FOR:SECTION ONE, RECITALS;SECTION TWO, FINDINGS OF FACT;SECTION THREE,ADOPTION 3
OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING:CHAPTER ONE-GENERAL PROVISIONS,INCLUDING SECTION 1.08.02 DEFINITIONS;
CHAPTER THREE-RESOURCE PROTECTION,INCLUDING SECTION 3.08.00 ENVIRONMENTAL DATA m
REQUIREMENTS; CHAPTER FIVE- SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.15 6_
CONVERSION OF GOLF COURSES;CHAPTER NINE-VARIATIONS FROM CODE REQUIREMENTS, -<
INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES; CHAPTER TEN - APPLICATION, D
REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.03.05 REQUIRED >
METHODS OF PROVIDING PUBLIC NOTICE; SECTION FOUR, CONFLICT AND SEVERABILITY; -<
SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION {
SIX,EFFECTIVE DATE.[PL20190002818,PL20200002505,&PL20200002512] A
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All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will
be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County
Government Center,3299 East Tamiami Trail, Suite 401, Naples, FL, one week prior to the scheduled
hearing. Written comments must be filed with the Zoning Division,Zoning Services Section, prior to
June 3,2021.
As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the
public will have the opportunity to provide public comments remotely, as well as in person, during
this proceeding. Individuals who would like to participate remotely, should register any time after the
agenda is posted on the County website which is 6 days before the meeting through the link provided
on the front page of the County website at www.colliercountvfl.gov.Individuals who register will receive
an email in advance of the public hearing detailing how they can participate remotely in this meeting.
For additional information about the meeting,please call Thomas Clarke at(239)252-2526 or email to
CCPCRemoteparticipation@CollierCountvFL.gov.
Any person who decides to appeal any decision of the Collier County Planning Commission will
need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim
record of the proceedings is made,which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding,.you are entitled,at no cost to you,to the provision of certain assistance.Please contact the
Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL
34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
Collier County Planning Commission
Edwin Fryer,Chairman
Registration Report
Report Generated:6/4/2021 9:09
Topic Webinar ID Scheduled Time Duration (minutes)# Registered # Cancelled # Approved
June 3, 2021 Collier
County Planning
Commission 835 3170 9631 6/3/2021 17:05 180 4 0 4
Attendee Details
First Name Last Name Email Address Phone Registration Time Approval Status
Scott & Stacia Kellett sskelletts@mac.com 586 Coconut Ave 2393987153 5/30/2021 18:09 approved
Jessica Thomas Jthomas@ralaw.com
524 Coconut Ave Goodland
Fl 34103 2392274036 5/31/2021 11:56 approved
jim inglis jameshinglis@gmail.com 502 coconut ave 954-336-0862 6/1/2021 9:54 approved
CONNIE FULLMER GOODLANDFL@AOL.COM
PO BOX 263, GOODLAND,
FL. 34140 239-734-0825 6/2/2021 17:44 approved
# Denied
0
Agenda item you wish to
speak on?
Are you in
support or
opposition to
this matter?
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device will you
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meeting?
Please check to
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following: You are
limited to (5) minutes
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are to address only the
Public comment is
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speakers who
engage in
advertising their
Should you exceed
your time or use
inflammatory or
crude language you
will be muted or
asked to leave the
podium.
You swear or affirm
that the evidence you
are about to give will
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whole truth, and
nothing but the truth?
9.A.3.: Good Oysters
Landing-Goodland Zoning
Overlay District
(PL20200001481) Oppose Laptop I acknowledge I acknowledge I acknowledge I acknowledge
9.A.3.: Good Oysters
Landing-Goodland Zoning
Overlay District
(PL20200001481) Oppose Laptop I acknowledge I acknowledge I acknowledge I acknowledge
9.A.3.: Good Oysters
Landing-Goodland Zoning
Overlay District
(PL20200001481),9.A.2.: VR
Zoning Chokoloskee Island
(PL20200002306) Oppose Smartphone I acknowledge I acknowledge I acknowledge I acknowledge
9.A.3.: Good Oysters
Landing-Goodland Zoning
Overlay District
(PL20200001481)
Decline to
Answer Laptop I acknowledge I acknowledge I acknowledge I acknowledge
Page 1 of 13
NARRATIVE SUMMARY
for
GOODLAND ZONING OVERLAY Text Amendment
PL 20200001481 (LDCA)
I. PURPOSE & INTENT
This Narrative Summary supports and applies to the above-referenced Land
Development Code Amendment (“LDCA”) application. The purpose and intent of this
LDCA is to add a new use as a conditional use in LDC section 2.03.7 J that would be
applicable only to the Goodland Overlay Zoning District (“GZO”). LDC sections 4.02.02
& 4.02.22 are also being modified to allow for the alternative design and dimensional
standards for the new proposed conditional use that may be approved for the GZO
District and VR District as amended in LDC section 2.03.07 J.
Thus, the texts proposed would allow for approval of subsequent Conditional Use (“CU”)
applications in suitably-sized GZO locations. The most suitable of these would typically
be located on navigable inland waters proximate to a State of Florida-licensed and
regulated oyster/shellfish farm. Although the State of Florida has long supported and
promoted the economic benefits of aquaculture, see, Chapter 597, Fla. Stat., the timing
of this LDCA application follows through on the State’s enhanced support and relatively
newer state laws authorizing the lease of state submerged lands for shellfish farming,
see, Sec. 597.010, Shellfish regulation; leases, which was only passed into law in 2016.
(See, Laws of LFlorida, Chapter 2016-200, effective 7/1/16). Thus, the timing of this
LDCA application follows closely after the State’s approval of oyster/shellfish leases in
the Goodland Area, see, Attachment A, “SHELLFISH HARVESTING AREA
CLASSIFICATION MAP #66,” depicting approved harvest areas in the Ten Thousand
Islands. The importance of shellfish farming in particular in suspended cages or pens
over leased submerged bottom lands, and aquaculture in general, is set forth in the
2020 Florida Aquaculture Overview.* Accordingly, now that there are current programs
for leasing submerged lands and harvesting shellfish that’s an economic priority of the
state in waters nearby Goodland, the time has come to provide land-use regulations for
the area that support and will implement those efforts on suitably located sites that can
accommodate them.
As demonstrated below, the LDCA application is consistent with the Collier County
Growth Management Plan’s (“GMP’s”) pertinent provisions. This primary water-
dependent and water-related use for an oyster/shellfish processing facility may be
supported by tightly constrained subordinate uses that may be sought as part of a CU
approval. The Narrative also provides justification for the LDCA text in terms of the
allowable uses it could develop in relationship to the unique residential and commercial
characteristics of the Goodland community. The LDCA text sets forth limited, specific
uses and establishes impact proportionate parcel-size limitations appropriate throughout
the GZO. Any required conditional use approved under this GZO LDCA text would allow
for reasonable development or redevelopment similar to other long-standing
aquacultural uses in the Goodland community, enhancing the local marine-based
Page 2 of 13
economy. These aspects, detailed further below, make clear that the new
proportionately-sized conditional use would be compatible with the current permitted,
conditional, and accessory uses for Goodland Island.
* see, https://www.fdacs.gov/content/download/91723/file/FDACS-P-02145-
2020FLAquacultureIndustryOverview.pdf note Page 5, Shellfish, and Page 8, Table 4,
showing extreme growth for Cage/Pens.
II. HISTORY
The Goodland area has a history of human occupation dating back to the era of the
Calusa Indians. Prolific fisher-gatherers, their shell middens were built from the clams,
oysters, and conch they harvested, ate, and discarded. Those shells formed the base
for historic Goodland Point, which was used briefly in more modern times for farming. In
the late 1940’s the area was already mostly acquired by the Collier family with
substantial holdings in the area by the Pettit family as well. In the early 1950’s the still
sole connecting road was built and the pre-historic middens were levelled and spread
out to create the now developable upland areas. The land area we now recognize was
platted in the 1950-timeframe into much of the current blocks and lots of the Goodland
Heights Subdivision. Continuing the Goodland area’s long human history of harvesting
shellfish, approval of the proposed LDCA text would enhance the State’s efforts to
support aquaculture by allowing for approval of CU’s that would add locally farmed
oysters/shellfish to the County’s economic “table!”
III. COMPLIANCE WITH CURRENT LAND USE & ZONING REGULATIONS
A. PROJECT GMP/LAND USE CONSISTENCY- The relevant GMP provisions
(specifically including those noted as warranting responsive comment by staff) and the
pertinent text therefrom are stated below. Text with bold italics is considered to be
most relevant and applicable to the LDCA text proposed. The regulatory text is
immediately followed by Petitioner’s analysis of those provisions to the extent they are
applicable.
1. Future Land Use Element (“FLUE”):
FUTURE LAND USE DESIGNATION DESCRIPTION SECTION The following
section describes the land use designations shown on the Future Land Use Map. These
designations generally indicate the types of land uses for which zoning may be
requested. However, these land use designations do not guarantee that a zoning
request will be approved. Requests may be denied by the Board of County
Commissioners based on criteria in the Land Development Code or on special studies
completed for the County.
I. URBAN DESIGNATION Urban designated areas on the Future Land Use Map
include two general portions of Collier County: areas with the greatest residential
densities, and areas in close proximity, which have or are projected to receive future
Page 3 of 13
urban support facilities and services. It is intended that Urban designated areas
accommodate the majority of population growth and that new intensive land uses be
located within them. Accordingly, the Urban area will accommodate residential uses and
a variety of non-residential uses. The Urban designated area, which includes
Immokalee, Copeland, Plantation Island, Chokoloskee, Port of the Islands, and
Goodland, in addition to the greater Naples area, represents less than 10% of Collier
County’s land area.
A. Urban Mixed Use District: This District, which represents
approximately 116,000 acres, is intended to accommodate a variety of
residential and non-residential land uses, including mixed-use
developments such as Planned Unit Developments.
Water-dependent and water-related land uses are permitted within
the coastal region of this District. Mixed-use sites of water-dependent
and water-related uses and other recreational uses may include
water-related parks, marinas (public or private), yacht clubs, and related
accessory and recreational uses, such as boat storage, launching
facilities, fueling facilities, and restaurants. Any development that
includes a water-dependent and/or water-related land use shall be
encouraged to use the Planned Unit Development technique and other
innovative approaches so as to conserve environmentally sensitive
areas and to assure compatibility with surrounding land uses. Note:
Collier County’s Land Development Code allows for the construction of
private boathouses and docks as an accessory use to pe rmitted uses in
the following zoning districts: Rural Agricultural (A), Residential Single
Family (RSF 1-6), Residential Multiple Family (RMF-6, 12, 16), Residential
Tourist (RT), Village Residential (VR), and Mobile Home (MH). Marinas
are a permitted use in the Commercial (C-3) and Commercial (C-4)
Districts. Marinas are permitted as a conditional use in the RT District.
Marinas and boat ramps are permitted as a conditional use in the
Community Facility (CF) District. Boat yards and marinas are permitted
as a conditional use in the VR District.* The Collier County Manatee
Protection Plan (NR-SP-93-01) May 1995 restricts the location of marinas
and may limit the number of wet slips, the construction of dry storage
facilities, and boat ramps, based upon the Plan’s marina siting criteria.
Priorities for shoreline land use shall be given to water dependent
principal uses over water-related land uses. In addition to the criteria of
compatibility with surrounding land uses and consistency with the siting
policy of the Conservation and Coastal Management Element (Objective
10.1 and subsequent policies), the following land use criteria shall be used
for prioritizing the siting of water-dependent and water-related uses:
a. Presently developed sites;
b. Sites where water-dependent or water-related uses have been
previously established; [Property Appraiser’s and other aerial images
Page 4 of 13
support anecdotal historical use for water-dependent fishing/trapping
aquaculture.]
c. Sites where shoreline improvements are in place; [1982 seawall]
d. Sites where damage to viable, naturally functioning wetlands, or other
environmentally sensitive features, could be minimized.
*N.B. As discussed in greater detail below, the proposed LDCA text does
not and cannot authorize a “marina” use, however, as stated above, that in the
base VR District marinas and boat yards may be approved via the conditional
use process, as is now being put forth here for approval!
3. Urban Coastal Fringe Subdistrict The purpose of this Subdistrict is to
provide transitional densities between the Conservation designated area
(primarily located to the south of the Subdistrict) and the remainder of the Urban
designated area (primarily located to the north of the Subdistrict). The Subdistrict
comprises those Urban areas south of US 41, generally east of the City of
Naples, and generally west of the Rural Fringe Mixed Use District Neutral Lands,
but excludes Section 13, Township 51 South, Range 26 East, and comprises
approximately 11,354 acres and 10% of the Urban Mixed Use District. The entire
Subdistrict is located seaward of the Coastal High Hazard Area Boundary. In
order to facilitate hurricane evacuation and to protect the adjacent
environmentally sensitive Conservation designated area, residential densities
within the Subdistrict shall not exceed a maximum of four (4) dwelling units per
acre, except as allowed in the Density Rating System to exceed four (4) units per
acre through provision of Affordable Housing and Transfers of Development
Rights, and except as allowed by certain FLUE Policies under Objective 5, and
except as provided in the Bayshore Gateway Triangle Redevelopment Overlay.
New rezones to permit mobile home development within this Subdistrict are
prohibited. Rezones are recommended to be in the form of a Planned Unit
Development.
Policy specific analyses:
The foregoing can be more simply expressed as applying FLUE Policy 1.5,
where the URBAN Future Land Use Designation includes Future Land Use Districts and
Subdistricts for: A. URBAN - MIXED USE DISTRICT … 3. Urban Coastal Fringe
Subdistrict, which, as noted above, requires analysis of the following GMP provisions:
FLUE OBJECTIVE 5: (VII)(XLIV) Implement land use policies that promote
sound planning, protect environmentally sensitive lands and habitat for listed species
while protecting private property rights, ensure compatibility of land uses and further the
implementation of the Future Land Use Element.
FLUE Policy 5.3: All rezonings must be consistent with this Growth Management
Plan. For properties that are zoned inconsistent with the Future Land Use Designation
Description Section but have nonetheless been determined to be consistent with the
Page 5 of 13
Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following
provisions apply:
. . .
e. Overall intensity of development shall be determined based upon a
comparison of public facility impacts as allowed by the existing zoning district and
the proposed zoning district.
Although the current VR base-zoning district is not being rezoned, to the
extent the LDCA’s GZO text may be considered to be in the more intensive
nature of a use-authorizing “rezone,” the proposed text does not allow for, and
would not authorize, public facility impacts disproportionately greater than what
would be allowable if lands were to be developed as allowed by the base zoning
and current GZO.
FLUE Policy 5. 4: All applications and petitions for proposed development shall
be consistent with this Growth Management Plan, as determined by the Board of
County Commissioners.
Although this consistency determination is ultimately the role of the
Comprehensive Planning staff, based upon the analyses and conclusions set
forth in this Narrative and application, Petitioner concludes, and believes that
staff would likely concur, that this LDCA proposal is, and should be deemed,
consistent with the FLUE.
FLUE Policy 5.6: New developments shall be compatible with, and
complementary to, the surrounding land uses, as set forth in the Land Development
Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as
amended).
A compatibility determination is ultimately the role of the Zoning and Land
Development Review staff that would largely be based on any subsequent,
required conditional use application. This LDCA text limits such an application’s
proposed development in scope of its primary and subordinate uses and sets
maximum limits of intensity of those uses. Given the GZO’s current permitted-by-
right use for clam farming aquaculture, the proposed text is similar in terms of
uses. Thus, in conjunction with other prevalent aquaculture uses, development
allowed under the LDCA text would be both compatible with any contiguous,
adjacent, or nearby development in the GZO on base-zoned residential and more
intensive commercial properties. As such, any conditional use development
utilizing the LDCA texts would complement the other similar uses found
throughout the Goodland community. This would ensure there would be no
conflict from anticipated impacts with any existing or allowable uses. Accordingly,
Petitioner believes the limited scope of uses and constrained intensity of those
uses set forth in the LDCA text should be deemed compatible with the FLUE.
OBJECTIVE 7: Promote smart growth policies, reduce greenhouse gas
emissions, and adhere to the existing development character of the Collier County,
where applicable, and as follows:
Page 6 of 13
Policy 7.1: The County shall encourage developers and property owners to
connect their properties to fronting collector and arterial roads, except where no such
connection can be made without violating intersection spacing requirements of the Land
Development Code. (XLIV) = Plan Amendment by Ordinance No. 2017 -22 on June 13,
2017 Future Land Use Element as of Ordinance No. 2019 -39 adopted November 12,
2019 24.
The GZO does not abut collector or arterial roads.
Policy 7.2: The County shall encourage internal accesses or loop roads in an
effort to help reduce vehicle congestion on nearby collector and arterial roads and
minimize the need for traffic signals. (XXX)
Due to the GZO’s limited geographic area and tightly constrained physical
opportunities for further development or redevelopment in the Goodland area, the
LDCA text’s potential approvals would not likely ever add to vehicle congestion
on any nearby collector or arterial roads and would not increase the need for
traffic signals.
Policy 7.3: All new and existing developments shall be encouraged to connect
their local streets and/or interconnection points with adjoining neighborhoods or other
developments regardless of land use type. The interconnection of local streets between
developments is also addressed in Policy 9.3 of the Transportation Element.
Given the location and area of many of the platted lots in the GZO it is
neither likely appropriate, nor often going to be possible, to provide any vehicular
interconnection between developments, but those circumstances would be
individually evaluated with each conditional use application.
Policy 7.4: The County shall encourage new developments to provide walkable
communities with a blend of densities, common open spaces, civic facilities and a range
of housing prices and types. (XV)(XLIV)
Given the relatively small scale of sites this LDCA text allows to come
forward as conditional use applications, this policy may almost always be
inapposite, regardless, those circumstances and opportunities would be
evaluated with each individual conditional use application.
Policy 7.5: The County shall encourage mixed-use development within the same
buildings by allowing residential dwelling units over and/or abutting commercial
development. This Policy shall be implemented through provisions in specific
Subdistricts in this Growth Management Plan.
The LDCA text acknowledges that, consistent with such uses being
permitted by right in the base-VR District, a conditional use application may
include one single family residential unit being developed along with the
“commercial” uses.
Policy 7.6: The County shall explore the creation of an urban “greenway” network
along existing major canal banks and powerline easements. (XXX)
Page 7 of 13
Although much of the GZO is adjacent to navigable waterwaya, given the
developable small scale of potential conditional uses, almost all would not be suitable
for the creation of, or inclusion in, a “greenway;” regardless, those circumstances will be
individually evaluated with each conditional use application.
2. Conservation and Coastal Management Element ( CCME):
Coastal Zone Management background: Subsection 163.3177(6)(g), Florida Statutes,
also requires Collier County to have what is the in the CCME as far as “policies that
shall guide the local government's decisions and program implementation with respect
to the following objectives:”
1. Maintenance, restoration, and enhancement of the overall quality of the coastal zone
environment, including, but not limited to, its amenities and aesthetic values.
2. Continued existence of viable populations of all species of wildlife and marine life.
3. The orderly and balanced utilization and preservation, consistent with sound
conservation principles, of all living and nonliving coastal zone resources.
4. Avoidance of irreversible and irretrievable loss of coastal zone resources.
5. Ecological planning principles and assumptions to be used in the determination of
suitability and extent of permitted development.
6. Proposed management and regulatory techniques.
7. Limitation of public expenditures that subsidize development in high-hazard coastal
areas.
8. Protection of human life against the effects of natural disasters.
9. The orderly development, maintenance, and use of ports identified in Sec. 403.021(9)
to facilitate deepwater commercial navigation and other related activities.
10. Preservation, including sensitive adaptive use of historic and archaeological
resources.
(X) = Plan Amendment by Ordinance No. 2015-07 on January 27, 2015
Conservation and Coastal Management Element as of Ordinance No. 2017 -20 adopted
June 13, 2017
(VI) The statute further relates the functions of the Conservation and Coastal Elements
so that, in effect, local governments in designated coastal areas, such as Collier
County, are required to prepare a Conservation and Coastal Management Element,
which fulfills the requirements for both Elements. Accordingly, Collier County’s
Conservation and Coastal Management Element is divided into thirteen (13) separate
goal areas. These may be summarized as follows:
1. Protection of natural resources;
2. Protection of surface and estuarine water resources;
3. Protection of groundwater resources;
4. Protection of freshwater resources;
5. Protection of mineral and soil resources;
6. Protection of native vegetation and wildlife habitat;
7. Protection of fisheries and wildlife;
8. Maintenance of existing air quality;
Page 8 of 13
9. Management of hazardous materials and hazardous wastes;
10. Protection of coastal resources;
11. Protection of historic resources;
12. Hurricane evacuation and sheltering; and
13. Avoiding duplication of regulations.
These goal areas are achievable by the following, as they apply to any development
permissible under the proposed LDCA text:
CCME Policy 10.1.1: The County shall prioritize water-dependent and water-
related uses as follows:
a. Public recreational facilities over private recreational facilities;
b. Public boat ramps;
c. Marinas
1. Commercial (public) marinas over private marinas;
2. Dry storage over wet storage;
d. Commercial fishing facilities;
e. Other non-polluting water-dependent industries or utilities;
f. Marine supply/repair facilities;
g. Residential development.
The LDCA text’s allowable uses are both water-dependent (e.g., off-site
oyster/shellfish farming) and water-related (e.g., retail bait & tackle, water taxi, vessel
fueling, eco tours) uses demonstrating how a developable site as a further required
approval of a conditional use application with a required Conceptual Site Plan would
provide the preferred recreational facility made available to the public; for example,
through the limited scale of the ecological tour and paddle-craft rental uses that are
allowable. Other allowable subordinate uses, such as retail bait and tackle use, as well
as the sale of basic sundry products through the convenience store use , would allow a
marine supply facility to operate in support of the area’s commercial fishing, all of which
are allowed in support of the primary oyster/shellfish processing facility use that in turn
supports nearby off-site oyster/shellfish farming (growth, harvesting, and initial
cleaning). Those further the on-site oyster/shellfish processing, as well as the allowable
oyster/shellfish retail sale & wholesale uses. And lastly, the allowable GZO & VR
residential use, although perhaps the lowest priority of uses, can provide for a resident
operating an approved site’s facilities.
CCME Policy 10.1.2: Identify recreational and commercial working waterfronts
[SEE INTER-CONNECTED STATE STATUTE SET FORTH BELOW (most pertinent
text is in bold-italics for emphasis)] and then investigate strategies for possible
implementation, as feasible, to ensure protection and preservation of those waterfronts.
Florida Statutes Sec. 342.07 Recreational and commercial working waterfronts;
legislative findings; definitions.—
(1) The Legislature recognizes that there is an important state interest in facilitating
boating and other recreational access to the state’s navigable waters. This
Page 9 of 13
access is vital to tourists and recreational users and the marine industry in the
state, to maintaining or enhancing the $57 billion economic impact of tourism and the
$14 billion economic impact of boating in the state annually, and to ensuring
continued access to all residents and visitors to the navigable waters of the state.
The Legislature recognizes that there is an important state interest in maintaining
viable water-dependent support facilities, such as public lodging establishments and
boat hauling and repairing and commercial fishing facilities, and in maintaining the
availability of public access to the navigable waters of the state. The Legislature
further recognizes that the waterways of the state are important for engaging in
commerce and the transportation of goods and people upon such waterways and that
such commerce and transportation is not feasible unless there is access to and from
the navigable waters of the state through recreational and commercial working
waterfronts.
(2) As used in this section, the term “recreational and commercial working waterfront”
means a parcel or parcels of real property which provide access for water-
dependent commercial activities, including hotels and motels as defined in Sec.
509.242(1), or provide access for the public to the navigable waters of the state.
Recreational and commercial working waterfronts require direct access to or a
location on, over, or adjacent to a navigable body of water. The term includes water-
dependent facilities that are open to the public and offer public access by vessels
to the waters of the state or that are support facilities for recreational,
commercial, research, or governmental vessels. These facilities include public
lodging establishments, docks, wharfs, lifts, wet and dry marinas, boat ramps, boat
hauling and repair facilities, commercial fishing facilities, boat construction facilities,
and other support structures over the water. As used in this section, the term “vessel”
has the same meaning as in Sec. 327.02. Seaports are excluded from the definition.
History.—s. 13, ch. 2005-157; s. 8, ch. 2006-172; s. 6, ch. 2006-220; s. 8, ch. 2014-70.
The LDCA text allows for a conditional use that, if approved, would
develop a water-dependent and water-related set of uses through the minimal set of
supporting facilities expressly anticipated by the statute; and thus, the LDCA text’s
allowable uses would qualify as both a recreational and commercial waterfront where
direct and safe access for both recreational and commercial vessels to navigable waters
of the state is provided for by any developable conditional use.
CCME Objective 10. 2: The County shall continue to insure [sic] that access to
beaches, shores and waterways remain [ sic] available to the public . . . .
The LDCA text furthers this policy by allowing for development of a
conditional use affording limited, environmentally appropriate public access to the
local waterways for both commercial and recreational uses.
CCME Policy 12. 2. 7: The County shall continue to assess all undeveloped
property within the coastal high hazard area and make recommendations on
appropriate land use.
The LDCA text would authorize development of an oyster/shellfish
processing facility and subordinate uses that would enhance the community's
access to water-dependent aquaculture and water-related recreational uses via a
Page 10 of 13
site’s launching and landing facility; and although within the CCHA boundary,
only allows for an appropriately limited set of uses and constrained intensities of
such uses on properties that can be smaller in area, but are evaluated on an
individual basis to assure each conditional use application would not allow
disproportionate impacts to the property area to be approved .
3. RECREATION AND OPEN SPACE ELEMENT ( ROSE): Objective 13 :
Continue to ensure that all public developed recreational facilities, open
space and beaches and public water bodies are accessible to the general
public.
The proposed LDCA text would allow development providing greater
access to a public water body, Goodland Bay and its surrounding waterways, for
the Goodland community and its visitors.
4. ENVIRONMENTAL ISSUES: Approval of the LDCA text does not require
an Environment Impact Statement (“EIS”) to be submitted per se;
regardless, those circumstances will be individually evaluated with each
conditional use application. As noted above, there is an approved,
designated Shellfish Harvesting Area most proximate to the GZO (see,
Attachment A). A conditional use for an oyster/shellfish processing facility
would provide an environmental benefit to its surrounding aquatic habitat
from the filter-feeding function, for example, of oysters (~50 gallons per
day, per oyster) located in the nearby harvesting area.
5. HISTORIC/ARCHAEOLOGICAL PRESERVATION: LDC section
2.03.07. E. 2. e, Requests for Land Use Character, states that property
under consideration for development within an area of historical or
archaeological probability must have a historical and /or archaeological
survey and assessment prepared by a certified archaeologist to be
provided to the Historic Archaeological Preservation Board (“HAPB”) so
that its recommendations can be presented to the Planning Commission
and to the BCC at their public hearings.
Although the GZO (and thereby the lands subject to the LDCA text) is
often determined to be an area of historical or archaeological probability, those
circumstances would be individually evaluated with each conditional use
application, and thus, should not preclude approval of the LDCA text.
B. “COMPATIBILITY” ANALYSIS of PROPOSED GZO LDCA TEXT:
1. HISTORY of Village Residential (VR) Zoning & Goodland Zoning
Overlay (GZO)
a. VR Zoning on Goodland was established as early as BCC Ord.
No. 91-102, effective 11/8/1991, in LDC Sec. 2.2.9.1. The Ordinance also
included a map graphic indicating the subject is in a FIRM Zone AE11. In
Ord. No. 04-41, recodifying the LDC, the VR was relocated and renumbered
Page 11 of 13
to LDC Sec. 2.03.02. F., where only minor text amendments, not relevant
here, have since been made.
b. The GZO was added as an overlay of the Goodland area via
BCC Ord. No. 00-92, in Section 2.2.34, which was later converted to the
current Sec. 2.03.07 J., in Ord. No. 04-41. Of critical significance to this LDCA
GZO application, revisions in Ord No. 06-08 converted the prior “Conditional
Use” approval for a land-based “Clam Nursery” to a “Permitted Use,” which
have been developable by right in the GZO for nearly fifteen years. These
prior text amendments authorize a water-dependent and water-related
aquacultural use that is considered by right to be compatible with the
surrounding uses in the GZO. Thus, a clam nursery can be located almost
anywhere in the Goodland community and not be seen as incompatible. The
rationale for this is the marine-based life-style and economy that are at the
very historical roots of Goodland and formed its modern foundation. The
present LDCA text builds on the State’s strong support of aquaculture that
also fosters a working waterfront. Petitioner believes these new uses are
closely parallel in their impacts to the prior GZO use already allowed without
further public input. To further assure compatibility with surrounding uses,
however, the LDCA text mandates the greater detail of a Conceptual Site
Plan and approval via the closer scrutiny of the conditional use process.
2. CURRENT LDC AND OTHER REGULATORY DEFINITIONS: These
definitions are analyzed in conjunction with more generally accepted meanings of
selected terms specific to the distinction inherent in this application as to why the
LDCA text is expressly not able to be construed as authorizing the development
of a “Marina.” Analysis of this point follows below.
a. LDC pertinent terms:
Aquaculture: The cultivation of marine or aquatic species (fresh or
salt water) under either natural or artificial conditions.
Dock: Any structure constructed in or over a waterway for the
primary purpose of mooring a boat or other watercraft.
Dock facility: Includes walkways, piers, boathouses and pilings
associated with the dock.
Marina: A boating facility, chiefly for recreational boating,
located on navigable water frontage, and providing all or any combination of
the following: boat slips or dockage, dry boat storage, small boat hauling or
launching facilities, marine fuel and lubricants, marine supplies, bait and
fishing equipment, restaurants, boat and boat motor sales, and rentals. Does
not include dredge, barge, or other work-dockage or service, boat
construction or reconstruction, or boat sales lot.
b. Federal ADA Guidelines mandate compliance with its design
standards for watercraft access for what are defined as “recreational boating
facilities.” See, https://www.access-board.gov/guidelines-and-
standards/recreation-facilities/guides/boating-facilities/accessible-boating-
facilities, with text from same quoted below:
Page 12 of 13
“Recreational boating facilities can include fixed and floating
facilities. Facilities can vary in size from one boat slip (for example, at a small
campground facility) to several thousand slips, and can handle boats ranging
in size from small canoes to large sailboats and powerboats. Facilities may be
located in the same waterfront area or even in the same site (such as a State
park with a large lake) and include marinas, launching facilities, piers, and
docks that are designed for recreational use.”
The stated scope of this provision supports the conclusion that if a site
does not have any fixed or floating docking facilities, one or more boat slips, or
launching facilities (e.g., boat ramps), then the ADA design requirements do not
apply because the site does not qualify as having “recreational boating
facilities.” Given the County’s use of a similarly worded definitional phrase for a
“Marina” expressing that it is “chiefly” for “recreational boating,” and in light of the
extremely limited nature of any proposed site’s water access, which would
typically be entirely land-based facilities that are intended primarily for
aquaculture, not recreation, Petitioner concludes any such conditional use would
not bring it under the County’s defined terms or related reg ulations pertaining to a
“Marina.” Accordingly, the term does not appear in any of the application
materials for this LDCA text as it is inapposite.
Furthermore, based on the exclusion of docks (fixed or floating), piers, and
boat slips from an oyster/shellfish processing facility supporting State
encouraged and approved aquaculture authorized by this LDCA text, and the
limitations that any site allowed to be developed as a conditional use under this
set of primary and subordinate uses only affords on -shore facilities for vessels of
small to medium lengths [up to twenty-four (24’) feet LOA] along with limited
primarily land-based launching and landing facilities for those vessels, Petitioner
concludes that application of the term “Marina” and any related regulatory
provisions thereto, would be an impermissible expansion of the term. Stated
differently, there is no public policy rationale that supports applying the
designation of “Marina” to any development allowable as a conditional use by this
LDCA text and that doing so would be inconsistent with the intent of the term and
its related regulatory provisions. Analyzed from the perspective of vessel impacts
on navigational waters and marine life in their aquatic habitats being analogized
to vehicles on ground-based road networks, the vessel “trips” allowable by such
developable uses in the GZO, given the number, area/size, and location of
potential sites for same, are “de minimis.” Similarly, the small number and
relative size of the vessels and “trips” generated by the approval of any
conditional use authorized by th is LDCA text cannot and will not rise to the level
warranting the application of the term “Marina,” or any related regulatory
provision.
3. LDCA Compatibility:
a. based on the limited scope and constrained intensity of
allowable uses being added to, and their similarity to existing uses already in,
Page 13 of 13
the GZO, the anticipated development impacts will be on par with those from
neighboring commercial and residential uses. These uses would be reduced
further in scale on the smaller sites allowable under the LDCA text in LDC
Section 4.02.02 et seq., thereby lessening impacts overall, as follows:
i. traffic trip generation from an approved conditional use is
likely to have an “insignificant” impact on roadway capacities with no
mitigation being required other than impact fees.
ii. only routine public utilities usage, based on septic/no
sewer, and typical potable water use.
b. site development of conditional use would not authorize or allow
any new dock, pier, or boat slip facilities.
c. similar water-dependent and water-related uses are already
permitted by right and are otherwise allowed for in the GZO and are found
throughout the Goodland community, which has a mix of both residential and
commercial uses, especially for the waterfront developments.
Based on the foregoing, Petitioner concludes that the LDCA text
should be deemed to only allow development of conditional uses that would
be compatible with, and complementary to, the surrounding land uses in the
GZO.
IV. CONCLUSIONS
Based on all of the foregoing analyses, Petitioner concludes that the LDCA text
proposed is:
1. consistent with all applicable GMP & other LDC provisions, and
2. only authorizes development through the approval of conditional uses that
would be compatible with, and complimentary to, the current permitted,
conditional, and accessory uses for Goodland Island.
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358
www.colliergov.net
REQUEST FOR CONTINUANCE OR WITHDRAWAL
CHECK ONE: ® CONTINUANCE ❑ WITHDRAWAL
If a continuance is requested, please indicate length of time: to: two weeks OR (1 Indefinite
From: ® Planning Commission ❑ Board of County Commissioners
1. Date of Scheduled Hearing: June 3, 2021
2. Applicant/Project Name: Good Oysters Landing +
3. Application/Case number: P120200001481
4. Type of Application (examples: Rezoning, Conditional Use or Variance) LDCA
5. Reason for Request: Co-counsel has been newly engaged to represent the Petitioner's application/petition
before the CCPC and we respecftfully request a brief, two week continuance until June 17th for co-counsel to become
fully familiar with the application materials and case file and to be properly prepared for hearing before the CCPC.
ANY ADDITIONAL LEGAL ADVERTISING FEES AND PROPERTY OWNER NOTIFICATION FEES MUST BE
PAID PRIOR TO PUBLIC HEARING.
UNDER PENALTIES OF PERJURY, AND PURSUANT TO FLORIDA STATUTES SECTION 92.525, I DECLARE
THAT I HAVE READ THE FOREGOING REQUEST AND THAT THE FACTS STATED IN IT ARE TRUE.
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‘\'4. U0k 6/1/21
Signature Of.Ipplicant Or Authorized Agent Date
Printed Name: Patrick G. White
E-mail address: pgw37@comcast.net
Address: 4748 West Blvd., Naples, FL 34103
Phone number: 239.784.5173 Fax number: N/A
D:\ProgramData\Request for Land Use Continuance Form 11-12.doc
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