Resolution 2021-143 RESOLUTION NO. 2021- 1 43
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING THE ADMINISTRATIVE
CODE FOR LAND DEVELOPMENT, WHICH WAS CREATED BY
ORDINANCE NO. 2013-57, TO CHANGE THE TIMING OF THE SOIL
AND/OR GROUNDWATER SAMPLING RESULTS FOR GOLF COURSE
CONVERSIONS AND TO INCREASE THE MAILED PUBLIC
NOTIFICATION DISTANCE REQUIREMENT FOR LAND USE
PETITIONS WITHIN THE RURAL AND URBAN GOLDEN GATE
ESTATES OF THE GOLDEN GATE AREA MASTER PLAN; AND
PROVIDING AN EFFECTIVE DATE. [PL20200002512 AND
PL20200002505]
WHEREAS, the Board of County Commissioners adopted Ordinance No. 2013-57 on
September 24, 2013 to establish an Administrative Code; and
WHEREAS, Ordinance No. 2013-57 provides for the adoption of Exhibit "B", the
Administrative Code for Land Development, which shall be maintained by the County Manager
or designee; and
WHEREAS, Ordinance No. 2013-57 also provides that amendments required to maintain
the Administrative Code for Land Development shall be made by resolution adopted by the Board;
and
WHEREAS, the Board desires to revise the Administrative Code for Land Development,
to change the timing of the soil and/or groundwater sampling results for golf course conversions
and to increase the mailed public notification distance requirement for land use petitions within
the Rural and Urban Golden Gate Estates of the Golden Gate Area Master Plan; as detailed in
Exhibit"A" attached hereto and incorporated herein;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that the Administrative Code for Land
Development, which was created by Ordinance No. 2013-57, is hereby amended as reflected in
Exhibit"A" attached hereto and incorporated herein.
This Resolution shall become effective on the date of adoption by the Board.
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THIS RESOLUTION ADOPTED by majority vote this I-1/day of lit , 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIE COUNTY, FLORIDA
B,• _ By:
':eputy Clerk Penny Ta or, Chairman
A st as 1
signr
Approved as to form and legality:
(14 1 I HFAC
Heidi F. Ashton-Cicko 6-9-21
Managing Assistant County Attorney
Attachments: Exhibit "A": Chapter 3, Section K, Compatibility Design Review; Chapter 4,
Section N, Intent to Convert Application for Golf Course
Conversions; Chapter Eight, Public Notice-Generally, Contents,
Categories of Notice, and Notice Recipients, Section C
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EXHIBIT A
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 I Quasi-Judicial Procedures with a Public Hearing
K. Compatibility Design Review
Reference LDC sections 5.05.15,and LDC Public Notice section 10.03.06.
C*See Chapter 4.N of the Administrative Code for Intent to Convert Applications and
Chapter 8.F for Stakeholder Outreach Meetings for Golf Course Conversions.
Purpose The Compatibility Design Review process is intended to address the impacts of golf course
conversions on real property by reviewing the conceptual development plan for
compatibility with existing surrounding uses.
Applicability This process applies to a golf course constructed in any zoning district or designated as a
Stewardship Receiving Area that utilize a non-golf course use which is a permitted,
accessory,or conditional use within the existing zoning district or designation.
This application is not required for golf courses zoned Golf Course and Recreational Uses
(GC)seeking another use as provided for in LDC section 2.03.09 A.
Conditional uses shall also require conditional use approval subject to LDC section
10.08.00.The conditional use approval should be a companion item to the compatibility
design review approval.
Pre-Application A pre-application meeting is required.
Meeting
Initiation The applicant files an "Application for Compatibility Design Review"with the Zoning
Division after the"Intent to Convert"application is deemed complete by County staff and
the Stakeholder Outreach Meetings(SOMs)are completed. C7>See Chapter4 of the
Administrative Code for information regarding the "Intent to Convert"application and
Chapter 8 of the Administrative Code for requirements for SOMs and additional notice
information.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Addressing checklist.
3. Name of project.
4. The proposed conceptual development plan.
5. The name and mailing address of all registered property owners' associations that
could be affected by the application.
6. Disclosure of ownership and interest information.
7. The date the subject property was acquired or leased(including the term of the
lease). If the applicant has an option to buy, indicate the dates of the option:date the
option starts and terminates, and anticipated closing date.
8. Property information, including:
• Legal description;
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Chapter 3 I Quasi-Judicial Procedures with a Public Hearing
• Property identification number;
• Section,township, and range;
• Address of the subject site and general location;
• Size of property in feet and acres;
• Zoning district;
• Plat book and page number; and
• Subdivision, unit,lot and block, and metes and bounds description.
9. If the property owner owns additional property contiguous to the subject property,
then the following information,regarding the contiguous property, must be included:
• Legal description;
• Property identification number;
• Section,township and range; and
• Subdivision,unit, lot and block,or metes and bounds description.
10. Zoning information, including adjacent zoning and land use.
11. Soil and/or groundwater sampling results,if available, as described in LDC section
3.08.00 A.4.d.and 5.05.15 G.6;
12. The approved Intent to Convert application, as described in LDC section 5.05.15 C.1;
and
13. The SOM Report,as described in LDC section 5.05.15 C.3.
14. A narrative describing how the applicant has complied with the criteria in LDC
sections 5.05.15 F.3,including:
• A list of examples depicting how each criterion is met;
• A brief narrative describing how the examples meet the criterion;and
• Illustration of the examples on the conceptual development plan that are
described above.
Completeness and The Zoning Division will review the application for completeness.After submission of the
Processing of completed application packet accompanied with the required fee,the applicant will
Application receive a mailed or electronic response notifying the applicant that the petition is being
processed.Accompanying that response will be a receipt for the payment and the
tracking number(i.e.,XXX201200000)assigned to the petition.This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows. G.See Chapter 8 of the Administrative Code for
additional notice information.
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EXHIBIT A
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 I Quasi-Judicial Procedures with a Public Hearing
1. Newspaper Advertisements:The legal advertisement shall be published at least 15
days prior to the hearing in a newspaper of general circulation.The advertisement
shall include at a minimum
• Date,time,and location of the hearing;
• Description of the proposed land uses;and
• 2 in.x 3 in. map of the project location.
2. Mailed Notice: For the purposes of this mailed notice requirement,written notice
shall be sent to property owners located within 1,000 feet from the property line of
the golf course at least 15 days prior to the advertised public hearings.
Public Hearing 1. The Planning Commission shall hold at least 1 advertised public hearing.
2. The BCC shall hold at least 1 advertised public hearing.
Decision Maker The BCC,following a recommendation by the Planning Commission.
Review Process Staff will prepare a staff report consistent with LDC section 5.05.15 F and schedule a
hearing date before the Planning Commission to present the petition. Following the
Planning Commission's review,Staff will prepare an Executive Summary and will schedule
a hearing date before the BCC to present the petition.
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 4 I Administrative Procedures
N. Intent to Convert Application for Golf Course Conversions
Reference LDC sections 5.05.15,and LDC Public Notice section 10.03.06.
q See Chapter 8.F for Stakeholder Outreach Meetings for Golf Course
Conversions.
Applicability This process applies to applicants seeking to convert a constructed golf course to
a non-golf course use.Approval of this application is required prior to submitting
a conversion application (rezone,PUD,SRAA or Compatibility Design Review
petition).This application is not required for golf courses zoned Golf Course and
Recreational Uses(GC)seeking another use as provided for in LDC section
2.03.09 A.
Pre-Application A pre-application meeting is required.
Initiation The applicant files an "Intent to Convert"application with the Planning&Zoning
Division.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Addressing checklist.
3. Name of project.
4. The name and mailing address of all registered property owners'
associations that could be affected by the application.
5. Disclosure of ownership and interest information.
6. The date the subject property was acquired or leased (including the term of
the lease). If the applicant has an option to buy,indicate the dates of the
option, date the option starts and terminates,and anticipated closing date.
7. A title opinion or title commitment that identifies the current owner of the
property and all encumbrances against the property.
8. Boundary survey(no more than six months old).
9. Property information, including:
• Legal description;
• Property identification number;
• Section,township, and range;
• Address of the subject site and general location;
• Size of property in feet and acres;and
• Zoning district.
10. If the property owner owns additional property contiguous to the subject
property,then the following information,regarding the contiguous property,
must be included:
• Legal description;
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Chapter 4 I Administrative Procedures
• Property identification number;
• Section,township and range;and
• Subdivision,unit, lot and block,or metes and bounds description.
11. Zoning information, including adjacent zoning and land use.
12. Existing PUD Ordinance,SRA Development Document,Site Development
Plan, or Plat.
13. An exhibit identifying the following:
• Any golf course acreage that was utilized to meet the minimum
open space requirements for any previously approved project;
• Existing preserve areas;
• Sporadic vegetation less than'A acre,including planted areas,that
meet criteria established in LDC section 3.05.07 A.4;and
• A matrix demonstrating the following as required in LDC section
5.05.15 G.3:
o For conventionally zoned districts:
• County approved preserve acreage;and
• Any sporadic vegetation acreage used to meet the
preserve requirement for the conversion project.
o For PUDs:
• County approved preserve acreage;and
• Any County approved preserve acreage in excess
of the PUD required preserve acreage that is used
to meet the preserve requirement for the
conversion project.
14. Stormwater management requirements as required by LDC section 5.05.15
G.4.
15. Floodplain compensation, if required by LDC section 3.07 02.
16. Soil and/or groundwater sampling results,if available,as described in LDC
section 3.08.00 A.4.d.and 5.05.15 G.6.
17. List of deviations requested,as described in 5.05.15 C.4.a-b.The specific LDC
sections for which the deviations are sought shall be identified.The list of
deviations shall be shared with stakeholders at the SOM or NIM.
18. Electronic copies of all documents.
Application In addition to the application contents above,the following must also be
Contents Required submitted with the Intent to Convert application and used during SOM
for Presentations at presentations:
SOMs 1. The Developer's Alternatives Statement as described in LDC section 5.05.15
C, including:
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Chapter 4 I Administrative Procedures
• A narrative clearly describing the goals and objectives for the
conversion project.
• No Conversion Alternative:A narrative describing the timeline of
correspondence between the applicant and the property owners'
associations relating to the applicant's examination of opportunities
to retain all or part of the golf course as described in LDC section
5.05.15 C.2.b.i,and copies of such correspondence. It shall be noted
in the narrative whether a final decision has been made about this
alternative or whether discussions with the property owners'
associations are ongoing.
• County Purchase Alternative:A narrative describing the timeline of
correspondence between the applicant and the County to
determine if there is interest to retain all or portions of the property
for public use as described in LDC section 5.05.15 C.2.b.ii,and
copies of such correspondence. It shall be noted in the narrative
whether a final decision has been made about this alternative or
whether discussions with the County are ongoing.
• Conceptual Development Plan Alternative:A conceptual
development plan consistent with LDC section 5.05.15 C.2.b.iii,and
as described in the following section.
2. The conceptual development plan shall include all information described in
LDC section 5.05.15 C.2.b.iii,and the following:
• An Access Management Exhibit, identifying the location and
dimension of existing and proposed access points and legal access
to the site.
• A dimensional standards table for each type of land use proposed
within the plan.
o Dimensional standards shall be based upon the established
zoning district,or that which most closely resembles the
development strategy, particularly the type,density, and
intensity of each proposed land use.
o For PUDs:Any proposed deviations from dimensional
standards of the established zoning district,or of the most
similar zoning district,shall be clearly identified. Provide a
narrative describing the justifications for any proposed
deviations that are not prohibited by LDC section 5.05.15
C.4.
• A plan providing the proposed location and design of the greenway
(this may be included on the conceptual development plan):
o Greenway Design:A plan providing the proposed location
and design of the greenway and illustrating the following
(including any alternative designs as described in LDC
section 5.05.15 G.2.a):
■ The proposed location of passive recreational
uses;
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■ Existing and proposed lakes, including lake area
calculations;
■ Preserve areas;
■ Any structures or trails related to passive
recreational uses;
■ Greenway widths demonstrating a minimum
average width of 100 feet and no less than 75 feet
shall be identified every 100 feet;
■ Locations of existing trees and understory(shrubs
and groundcover)shall be located on the plan in
accordance with LDC section 5.05.15 G.2.e;
• A matrix identified on the plan shall
demonstrate tree counts used to
calculate the ratio described in LDC
section 5.05.15 G.2.e;and
■ Location of any proposed wall or fence pursuant
to LDC section 5.05.15 G.2.f.
• A narrative describing how the applicant proposes to offset or
minimize impacts of the golf course conversion on stakeholders'
real property and provide for compatibility with existing
surrounding land uses. Identify the compatibility measures on the
conceptual development plan.
3. A narrative statement describing how the greenway will meet the purpose as
described in LDC section 5.05.15 G.2 to retain open space views for
stakeholders,support passive recreational uses, and support existing wildlife
habitat.
4. A narrative statement describing the public outreach methods proposed for
the SOMs,consistent with Administrative Code Chapter 8.F.
5. Web-based survey, including the following:
• A copy of the web-based survey;
• The user-friendly website address where the survey will be
available;and
• The dates the survey will be available.
Completeness and After submission of the completed application packet accompanied with the
Processing of required fee,the applicant will receive an electronic response notifying the
Application applicant that the petition is being processed.Accompanying that response will
be a receipt for the payment and the tracking number(i.e.,XX201600000)
assigned to the application.The tracking number should be noted on all future
correspondence regarding the petition.
Notice for the After the Intent to Convert application has been submitted, notice is required to
Intent to Convert inform stakeholders of a forthcoming golf course conversion application.
Application However, no mailing is required if the applicant chooses to withdraw the Intent
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Chapter 4 I Administrative Procedures
to Convert application. C=>See Chapter 8 of the Administrative Code for additional
notice information.
1. Mailed Notice: For the purposes of this mailed notice,written notice shall
be sent to property owners located within 1,000 feet from the property line
of the golf course.The notice shall be sent after the Intent to Convert
application has been reviewed and deemed satisfactory by staff to proceed
to the mailed notice and SOMs,and at least 20 days prior to the first SOM.
The mailed notice shall include the following:
• Explanation of the intention to convert the golf course.
• Indication that there will be at least two advertised SOMs and one
web-based visual survey to solicit input from stakeholders on the
proposed project.The date,time,and location of the SOMs does
not need to be included in this mailing.
• 2 in.x 3 in. map of the project location.
• Applicant contact information.
2. Sign:(see format below) Posted after the Intent to Convert application has
been reviewed and deemed satisfactory by staff to proceed to the mailed
notice and SOMs,and at least 20 days before the first SOM.The sign shall
remain posted until all SOMs are complete. For the purposes of this section,
signage,measuring 16 square feet,shall clearly indicate an applicant is
petitioning the county to convert the golf course to a non-golf use(e.g.
residential).A user-friendly website address shall be provided on the signs
directing interested parties to visit Collier County's website to access
materials for the SOM and the web-based visual survey.The sign shall
remain posted for 7 days after the last required SOM.The location of the
signage shall be consistent with Chapter 8 of the Administrative Code.
Notice of application for intent to convert
[golf course name]to[brief description of
the project].
To access materials for the Stakeholder
Outreach Meeting and participate in the
web-based visual survey, visit [user-
friendly URL].
Public Hearing No public hearing is required for the Intent to Convert application. Public
hearings will be required for subsequent conversion applications.
Decision maker The County Manager or designee.
Review Process The Zoning Division will review the Intent to Convert application and identify
whether additional materials are needed.
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Chapter 8 public Notice— Generally, Contents, Categories of Notice, and Notice Recipients
C. Mailed Notice
Applicability For applicable land use petitions,a mailed notice shall be as follows.
Notice Mailed written notices shall be sent by regular mail to property owners in the notification
Requirements area listed below. Names and addresses of property owners shall be those listed on the
latest ad valorem tax rolls of the County.The County must send mailed notice at least 15
days before the hearing for all applications,except as identified in the Administrative Code.
The applicant must provide a copy of the list of all parties noticed by the required
notification deadline to the Planning&Zoning Department staff.
The written notice must include:
Date,time, and location of the NIM meeting or public hearing;
Description of the proposed land uses;and
2 in.x 3 in. map of the project location.
For a conditional use, rezoning, PUD, PUD extension,or variance,the notice must also
include:
• A clear description of the proposed land uses;
• A clear description of the applicable development standards;
• Intensity or density in terms of total floor area of commercial or industrial
space and dwelling units per acre for residential projects;
• A clear description of the institutional or recreational uses when part of the
development strategy;and
• The substance of the proposed ordinance or resolution(rezoning only).
For a site plan with deviations for redevelopment projects,the notice must also include:
• The type of deviation sought.
The clerk to the BCC will make a copy of all notices available for public inspection during
the regular business hours.
Recipients of Property owners in notification area are described below and shall be based on the latest
Mailed Written tax rolls of Collier County and any other persons or entities who have formally requested
Notice notification from the County:
4 Urban The notification area includes:
designated area of 1. All property owners within 500 feet of the property lines of the
the future land use subject property or one mile of the property lines of the subject
element of the property if located within the areas designated in the Urban
growth Golden Gate Estates Sub-Element of the Golden Gate Master
management plan Plan.
2. If any of the land in the area listed in paragraph 1 is owned by
the same person or entity who owns the subject property,the
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Chapter 8 Public Notice— Generally, Contents, Categories of Notice, and Notice Recipients
500 foot or one mile distance is measured from the boundaries
of the entire ownership or PUD.
3. The maximum notification area is%mile(2,640 feet)from the
subject property,except for areas designated in the Urban
Golden Gate Estates Sub-Element of the Golden Gate Master
Plan.
4 All other areas The notification area includes:
1. All property owners within 1,000 feet of the property lines of
the subject property. For areas designated in the Rural Golden
Gate Estates Sub-Element of the Golden Gate Master Plan,
notices shall be sent to all property owners within one mile of
the property lines of the subject property.
2. If any of the land in the area listed in paragraph 1 is owned by
the same person or entity who owns the subject property,the
1,000 foot or one mile distance is measured from the
boundaries of the entire ownership or PUD.
3. The maximum notification area is%mile(2,640 feet)from the
subject property,except for areas designated in the Rural
Golden Gate Estates Sub-Element of the Golden Gate Master
Plan.
4Associations Notification shall also be sent to property owners and condominium
and civic associations whose members are impacted by the
proposed land use changes and who have formally requested the
county to be notified.A list of such organizations shall be provided
and maintained by the County, but the applicant must bear the
responsibility of insuring all parties are notified.
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